HomeMy WebLinkAboutBy-law No. 2017-126 BY-LAW NUMBER 2017-126
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW TO ESTABLISH AN ADVISORY BOARD AND COMMITTEE POLICY
WHEREAS Council of The Corporation of the Municipality of Bayham deems it expedient to
adopt a policy with respect to Advisory Boards and Committees, including, Rules of Procedure
and Terms of Reference;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS:
1. THAT the Council of the Corporation of the Municipality of Bayham hereby adopts the
Advisory Board and Committee Policy attached hereto as "Schedule A" and forming part
of this by-law;
2. THAT By-law No. 2015-085 is hereby repealed in their entirety.
3. THAT this by-law shall come into full force and effect upon final passing
READ A FIRST, SECOND AND THIRD TIME and finally passed this 21st day of December,
2017.
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Corporation of the Municipality of Bayham
Date of Council Approval: December 21, 2017
Date of Latest Revision:
Policy Name: Municipality of Bayham Advisory Board and Committee Policy
Section 1 - Purpose
The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent,
accountable approach to working with Municipality of Bayham Advisory Board and
Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in
conjunction with the Municipality of Bayham Advisory Board and Committee Rules of
Procedure, attached hereto as Appendix `A', will guide current and future Advisory Board and
Committee Member activity throughout the Municipality of Bayham. The Municipality of
Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to
participate in meaningful, transparent engagement with all residents of the Municipality of
Bayham.
Section 2 - Scope
The Municipality of Bayham Advisory Board and Committee Policy governs Municipal
responsibilities to its Advisory Board and Committee Members, as well as the selection,
orientation and safety of Advisory Board and Committee Members. The Municipality of
Bayham Advisory Board and Committee Policy also governs Advisory Board and Committee
Member rights and Advisory Board and Committee Member responsibilities to the
Municipality.
Section 3 - Philosophy
Advisory Boards and Committees have been, and will continue to be, an integral component
of the Municipality. Advisory Board and Committee Members complement and support the
work of Councillors and staff, accomplish important tasks that would not otherwise be done,
and support programs that could cease to exist without Advisory Board and Committee
Member participation. The Municipality recognizes and greatly values the commitment and
contributions of Advisory Board and Committee Members to furthering the mandate,
objectives and activities of Advisory Boards and Committees of the Municipality. Municipality
of Bayham Advisory Board and Committee Members enhance and augment programs within
the Municipality.
Advisory Board and Committee Members bring a wide variety of skills, knowledge and
experience, all of which combine to strengthen the Municipality. Therefore, the Municipality
strives to provide Advisory Board and Committee Members with a meaningful portfolio that
suits their skills, as well as a rewarding and challenging community-oriented experience for
all those interested in the goal of enhancing the Municipality of Bayham.
Section 4 -Advisory Board and Committee Member Recognition Program
The Council of the Municipality of Bayham shall every four years, in the final year of a term of
Council recognize Advisory Board or Committee Members and Community Volunteers by
hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and
Community Volunteers will have the opportunity to attend and celebrate volunteerism in the
Municipality of Bayham.
Section 5— Municipal Responsibilities
In working with Advisory Boards and Committees, the Municipality will fulfill the following
responsibilities:
a) Ensure that Councillors and staff recognize the role of Advisory Board and Committee
Members;
b) Provide Advisory Board and Committee Members with the Municipality of Bayham
Advisory Board and Committee Rules of Procedure outlining the conduct of business
at Advisory Board and Committee Meetings;
c) Provide Advisory Board and Committee Members with written Advisory Board and
Committee portfolios outlining the mandate of each Advisory Board and Committee, a
copy of which is attached hereto as Appendix 'B' and shall be amended from time to
time;
d) Provide Advisory Board and Committee Members with appropriate orientation to the
Municipality of Bayham Advisory Board and Committee Policy and supporting
documentation.
Section 6 - Selection and Placement
Municipality of Bayham Advisory Board and Committee Members are appointed and operate
based on the concept of Equal Opportunity and Diversity.
The Municipality maintains a strong policy of equal opportunity. The Municipality accepts,
and dismisses Advisory Board and Committee Members on the basis of personal
competence, performance and dedication, without regard to race, colour, ancestry, national
origin, age, gender, or sexual orientation.
The process for selection, placement and dismissal from Municipality of Bayham Advisory
Boards and Committees is as detailed in the Municipality of Bayham Advisory Board and
Committee Rules of Procedure. An applicant must submit the Municipality of Bayham
Advisory Board and Committee Application Form, a copy of which is attached hereto as
Appendix 'C', to initiate the selection and placement process.
Section 7 - Orientation
Every Advisory Board and Committee Member shall be required to attend one (1)
orientation session. It is the responsibility of the CAOICIerk to:
a) Provide an overview of the Municipality of Bayham Advisory Board and Committee
Members rights and responsibilities, including Advisory Board and Committee
Member responsibilities pertaining to confidentiality;
b) Provide a comprehensive Municipality of Bayham Advisory Board and Committee
Accessibility Handbook to all Municipality of Bayham Advisory Board and Committee
Members.
Additionally, every Advisory Board and Committee Member shall have a clearly identified
Advisory Board or Committee Chair and a Council or staff representative who will be
available for consultation and support.
Section 8 -Advisory Board and Committee Member Responsibilities
Advisory Board and Committee Members have the responsibility to fulfill the role of an
Advisory Board and Committee Member as outlined in the Municipality of Bayham Advisory
Board and Committee Rules of Procedure and Code of Conduct in addition to the following:
a) Act as an ambassador of the Municipality of Bayham in the community in an effort to
spread knowledge and understanding of the mandate of the specific Advisory Board
or Committee;
b) Not falsely represent the Municipality of Bayham Advisory Boards and Committees to
outside partners, agencies or the public;
c) Respect confidences and privacy of the Municipality of Bayham Advisory Boards and
Committees;
d) Be held accountable for their actions;
e) Be wiling to learn and grow in the Advisory Board and Committee position;
f) Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and
appreciating differences of opinion;
g) Be considerate, respect competencies and work as a team with all staff and other
Advisory Board and Committee Members;
h) Complete the training and/or orientation provided;
i) Immediately clarify any uncertainties with the Advisory Board or Committee Chair,
Councillor or staff representative;
j) Follow all applicable policies, procedures and by-laws established by the Municipality
of Bayham.
k) Be required to sign a confidentiality statement;
I) Advisory Board and Committee activity participants under the age of eighteen (18)
years must be accompanied by an adult (either a parent, guardian, staff person or
Advisory Board and Committee Member supervisor);
Section 9 -Accessibility
The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on
June 13th, 2005 and is legislation which impacts persons, businesses and other
organizations across Ontario in both the Public and Private sector. The main purpose of the
legislation is the achievement of accessibility for all Ontarians with disabilities with respect to
goods, services, facilities, accommodation, employment, building structures and premises on
or before January 1st, 2025, by developing, implementing and enforcing standards of
accessibility. Compliance is mandatory and AODA has strong enforcement provisions
including inspections, orders and significant penalties.
While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality
of Bayham Advisory Board and Committee Members shall comply with all Municipality of
Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees
shall also ensure that adequate provisions are made to ensure that Places of Meeting,
Agenda and Minute formats, communications and conduct of meetings are accessible, to
provide maximum participation. Reference may be made to the provisions of the Municipality
of Bayham Accessibility Handbook, a copy of which is attached hereto as Appendix 'D'.
Section 10 - Municipal Freedom of Information and Protection of Privacy Act
The Municipal Freedom of Information and Protection of Privacy Act applies to all local
government organizations, including:
a) municipalities e) fire departments
b) school boards f) conservation authorities
c) public utilities g) boards of health
d) transit and police commissions h) other local boards
The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality
to protect the privacy of an individual's personal information existing in government records
and provides a right of access to information held by the Municipality. The Municipal
Freedom of Information and Protection of Privacy Act creates a privacy protection scheme
the Municipality must follow to protect an individual's right to privacy. The scheme includes
rules regarding the collection, use, disclosure and disposal of personal information in the
custody and control of the Municipality.
The Municipality, as a whole, including Advisory Boards and Committees, are accountable
for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is
against the law to release any personal information to anyone other than the person that the
information is about. As such, all Advisory Board and Committee members must sign the
Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement,
attached hereto as Appendix `E'. The Municipal Freedom of Information and Protection of
Privacy Act, Section 48, provides for penalties for contravention of the said Act. Examples of
personal information include, but are not limited to, the following information about an
identifiable individual:
a) race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or
family status;
b) education, medical, psychiatric, criminal or employment history;
c) financial transactions involving an individual;
d) any identifying number assigned to an individual;
e) home address, telephone number;
f) fingerprints, blood type;
g) personal opinions of or about an individual;
h) correspondence between an individual and the Municipality of a confidential nature;
i) individual's name if it appears with other personal information or disclosure of the
name would reveal other personal information.
The Municipality of Bayham CAOICIerk is responsible for processing all access requests,
gives direction to Municipal staff on informal information requests and implements privacy
protection practices. If an Advisory Board or Committee Member is unsure about the
requirements pertaining to information or a record in their possession, the Advisory Board
or Committee Member should contact the Municipality of Bayham CAOICIerk prior to
disclosure of any record or information for instruction.
Municipality of Bayham
P.O. Box 160
56169 Heritage Line
Straffordville, Ontario
NOJ 1Y0
Phone: 519-866-5521
Web site: www.bayham.on.ca
Section 11 - Municipal Conflict of Interest Act
The Municipal Conflict of Interest Act strives to control the actions of elected and appointed
Municipal representatives by obliging them to publicly disclose any direct or indirect
pecuniary interests they have in a matter before Council, Committee and Advisory Boards or
Committees. Conflict of interest legislation is limited to pecuniary interests. The term
"pecuniary interest" is not defined in the Municipal Conflict of Interest Act, but includes direct,
indirect and deemed pecuniary interests. Its dictionary definition is "to relate to money".
The Municipal Conflict of Interest Act captures several scenarios that are not immediately
apparent as conflicts;
a) A direct or indirect pecuniary interest is a financial interest that an Advisory Board or
Committee Member (which includes an Advisory Board or Committee Member's
parent, spouse, partner, child (not restricted to a person 18 years of age. It includes
natural children, adopted children, and those or treated as child. Accordingly,
stepchildren, nephews and nieces, foster children)) or controlling interest in a
corporation, has in a matter before an Advisory Committee or Board;
b) An Advisory Board or Committee Member who is a partner of a person, or who is in
the employment of a person or body that has a pecuniary interest in a matter must
declare a conflict of interest;
c) Whether the financial interest is positive or negative is immaterial for the purposes of
Municipal Conflict of Interest;
d) Municipal Conflict of Interest Act lists a number of conflicts of interest that do not need
to be declared under the statute.
If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of
Interest Act requires:
a) the Advisory Board or Committee Member to disclose the pecuniary interest;
b) the Advisory Board or Committee Member to not influence before, during or after a
vote;
c) the Advisory Board or Committee Member to not participate in the discussion or
decision making;
d) the Advisory Board or Committee Member to leave the room, if the matter is dealt with
in-camera under the provisions of the Municipal Act, 2001;
In the event of an alleged contravention, an elector may bring an application before a Judge
of the Ontario Court of Justice for a determination of whether an Advisory Board or
Committee Member has contravened the Municipal Conflict of Interest Act.
Section 12 -Advisory Board and Committee Member Health and Safety
Advisory Board and Committee Members should never be asked to do anything unsafe, and
have the right to refuse any request, function or activity they feel is unsafe. The Municipality
of Bayham has a wide range of interactions with Advisory Board and Committee Members
and therefore expects that different approaches shall apply to different Advisory Board and
Committee activities.
It is important that approaches be designed within an overall policy framework across the
entire Municipality of Bayham. The health and safety of Advisory Board and Committee
Members is paramount and will be managed in accordance with the same principles and
processes as that of Councillors and staff. All Advisory Board and Committee projects will
comply with the Occupational Health and Safety Act and Regulations, and the Municipality of
Bayham Occupational Health and Safety Policies. Health and safety instruction and training
relevant to the specific Advisory Board and Committees will be provided to Advisory Board
and Committee Members based on their specific Advisory Board and Committee Health and
Safety Profile, which shall include access to the Municipality of Bayham Health and Safety
Policy Manual. Training for Advisory Board and Committee Members shall comprise of a
health and safety introduction and specialized training or continuing training as required for
each specific Advisory Board and Committee. The introduction shall ensure that Advisory
Board and Committee Members understand their duties, rights, responsibilities, health and
safety issues and accident and emergency procedures.
Advisory Board and Committee Members shall have the following responsibilities:
a) Be familiar with the applicable requirements of the Municipality's Health and Safety
Policy and the Occupational Health and Safety Act and Regulations, and ensure
compliance with the same;
b) Take every possible precaution to protect themselves, fellow Advisory Board and
Committee Members and the public from health hazards and unsafe situations;
c) Properly wear and use personal protective equipment where required;
d) Familiarize themselves with the location and operation of all safety equipment
including first-aid kits and fire extinguishers;
e) Be responsible for the prompt reporting to their Chair, Councillor or staff person of
health and safety hazards, unsafe acts or conditions, accident and injuries;
f) To not engage in any prank, contest, feat of strength, unnecessary running or rough
boisterous conditions.
Advisory Board and Committee Members must report all accidents and injuries to their Chair,
Councillor or staff person immediately. The Chair, Councillor or Staff person shall notify the
Health and Safety Committee of the accident or injury immediately.
Advisory Board and Committee Members are prohibited from using or possessing illicit
drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham
Advisory Board and Committee Members under the influence of drugs and/or alcohol will not
be tolerated, and will result in the Advisory Board and Committee Member's dismissal.
Section 13 - Insurance and Liability
The issue of liability is based on the principle that people are responsible for their conduct in
the course of daily activities. Failure to conduct oneself in a responsible and reasonable
manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and
occurs when negligent conduct results in some injury to others. Negligent conduct can
include acts of commission or omission. The resulting damage might be to either person or
property.
Advisory Board and Committee Members, inclusive of Student, Affiliate and single day
volunteers, while acting within a specific Advisory Board and Committee established
mandate and under the control and direction of the Council of the Municipality of Bayham are
covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board
and Committee Members acknowledge the following:
1. Advisory Board and Committee Members shall not be covered by
Workplace Safety Insurance Board coverage.
2. Advisory Board and Committee Members will abide by all applicable
Municipal by-laws, policies and rules, as may be amended from time to
time.
3. Advisory Board and Committee Members will not use facilities, equipment
and property owned by the Municipality without approval of a Municipal staff
person, and will not use them for personal purposes.
RULES OF PROCEDURE
FOR ADVISORY BOARDS AND COMMITTEES OF THE
CORPORATION OF THE MUNICIPALITY OF BAYHAM
TABLE OF CONTENTS - ADVISORY BOARD AND COMMITTEE PROCEDURAL
BY-LAW
MUNICIPALITY OF BAYHAM
SECTION TITLE
1 DEFINITIONS AND INTERPRETATION
2 GENERAL PROVISIONS
3 DUTIES OF ADVISORY BOARDS AND COMMITTEES
4 MEETINGS
5 ADVISORY BOARDS AND COMMITTEES
6 AGENDAS AND MINUTES
7 ORDER OF PROCEEDINGS
8 RULES OF DEBATE AND CONDUCT
9 MOTIONS
10 VOTING ON MOTIONS
11 CONDUCT OF AUDIENCE
12 ADMINISTRATION
BY-LAW NO. 2017-126
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF
MUNICIPAL ADVISORY BOARDS AND COMMITTEES OF
THE MUNICIPALITY OF BAYHAM AND OF THE CONDUCT
OF ITS MEMBERS
WHEREAS Section 238(2) of the Municipal Act, 5.0.2001, c.25 as amended, requires
every Municipality to pass a Procedural By-law for governing the calling, place and
proceedings of meetings;
AND WHEREAS the Corporation of the Municipality of Bayham supports and
acknowledges the value of Advisory Boards and Committees and there Members;
AND WHEREAS the Council for The Corporation of the Municipality of Bayham now
deems it advisable to enact a By-law to govern the proceedings of Municipal Advisory
Boards and Committees, the conduct of its Members and the calling of Meetings, and to
provide for procedures and statutory requirements in accordance with the Act;
NOW THEREFORE the Council for The Corporation of the Municipality of Bayham enacts
as follows:
Section 1 — DEFINITIONS AND INTERPRETATION
1.1 For the purposes of this By-law; unless stated otherwise or the context
requires a different meaning:
"Advisory Board or Committee" shall mean a board or committee appointed by
Council to act in an advisory capacity to Council on operational and strategic issues
during the full term of Council.
"CAOICIerk" shall mean the CAOICIerk of the Municipality of Bayham.
"Chair" shall mean the Member appointed as such by the Advisory Board or
Committee.
"Council" shall mean the Council of The Corporation of the Municipality of Bayham.
"Councillor" shall mean a person elected or appointed as a Member of Council but
does not include the Mayor.
"Delegation" shall mean a person or group of persons desiring to verbally present
information or to make a request to the Advisory Board or Committee.
"Mayor" shall mean the Head of Council for the Municipality.
"Meeting" shall mean any Meeting of the Advisory Board or Committee.
"Member" shall mean a Member an Advisory Board or Committee of the
Corporation of the Municipality of Bayham.
"Motion" shall mean a question or proposal to be considered by the Advisory Board
or Committee and which is moved and is subject to debate. When a Motion is
adopted, it becomes a Resolution.
"Municipal Act" shall mean the Municipal Act, 2001,(S.O.2001, c. 25), as amended
or replaced from time to time.
"Pecuniary Interest" shall mean a direct or indirect Pecuniary Interest within the
meaning of the Municipal Conflict of Interest Act, R.S.0.1990, chapter M.50, as may
be amended.
"Point of Order" shall mean a statement made by a Member during a Meeting
drawing to the attention of the Chair a breach of the Rules of Procedure.
"Point of Privilege" shall mean the raising of a question that concerns a Member,
or all of the Members of Council, when a Member believes that his rights,
immunities or integrity or the rights, immunities or integrity of the Advisory Board or
Committee as a whole have been impugned.
"Presiding Member" shall mean the Chair of the Meeting.
"Quorum" shall be as defined in Section 4.8 of this Procedural By-law.
"Resolution" shall mean a formal expression of opinion or intention by and
Advisory Board or Committee.
"Rules of Procedure" shall mean the rules and requirements contained within this
Procedural By-law.
"Secretariat" shall mean the person elected by the Advisory Board or Committee
responsible for the preparation of Agendas and taking of Minutes for the Advisory
Board or Committee
"Municipality" shall mean the Corporation of the Municipality of Bayham.
"Vice Chair" shall mean such Member of an Advisory Board or Committee who has
been elected to act in the place and stead of the Chair when such Chair is absent
from a meeting of the Advisory Board or Committee for any cause and who shall
exercise all the rights, power and authorities of the Chair.
"Website" shall mean the Municipality of Bayham website address identified as
www.bayham.on.ca
Section 2 - GENERAL PROVISIONS
2.1 Applicability
2.1.1 Save as otherwise provided herein, the procedural rules and
requirements of this by-law shall be observed in all Advisory Board
and Committee Meetings and shall be the rules and requirements
which govern the order of their business.
2.1.2 This By-law applies to the creation, amendment and dissolution of
Advisory Boards and Committees and to appointments for
representation of the public, Staff and Members of Council as
authorized by Council on Advisory Boards and Committees.
2.1.3 This by-law outlines a fair and equitable approach and process for the
establishment and operation of Advisory Boards and Committees.
2.2 Issue not Addressed
2.2.1 If an issue is raised that is not expressly addressed in this By-law, the
issue shall be decided by the Chair or Vice Chair, subject to an appeal
to the Advisory Board or Committee, as the case may be.
2.2.2 All points of order or procedure not provided for in these Rules of
Procedure shall be decided in accordance with the rules of procedure
known as Robert's Rules of Order.
2.4 Communication Devices
2.4.1 All communication devices shall be switched to `silent' upon entering
the location where any Council or Committee Meeting is being held.
Section 3 - DUTIES OF ADVISORY BOARDS AND COMMITTEES
3.1 Duties of the Chair
3.1.1 It shall be the duty of the Chair to carry out the following
responsibilities:
a) to open the Meeting of the Advisory Board or Committee by
taking the Chair and calling the Members to order;
b) to announce the business before the Advisory Board or
Committee in the order in which it is to be acted on;
c) to receive and submit, in the manner prescribed by this
Procedural By-law, all Matters of Business presented by
Members;
d) to recognize any Member who wishes to speak and to
determine the order of the speakers;
e) to put to vote all questions which are regularly moved or
necessarily arise in the course of the proceedings and to
announce the results;
f) to participate as an active and voting member, encouraging
active participation by all Advisory Board and Committee
members;
g) to decline to put to vote motions which contravene the
provisions of this Procedural By-law;
h) to enforce the provisions of the Procedural By-law;
i) to enforce on all occasions, the observance of order and
decorum among the Members;
j) to call by name, any Member refusing to comply with this
Procedural By-law and to order the Member to vacate the place
of Meeting;
k) to cause to be expelled and excluded any member of the public
who creates a disturbance or acts improperly during a Meeting;
I) to authenticate, by signature, all Meeting minutes;
m) to rule on any points of order raised by Members;
n) to represent and support the decisions of the Advisory Board or
Committee, declaring its will and explicitly and implicitly obeying
its decisions in all things;
o) to be the point of contact with Council, staff and any media
relations;
p) to review the goals and objectives of the Advisory Board or
Committee and ensure the work plan is realistic, up-to-date and
being followed;
q) to recognize workload limitations of the Advisory Board or
Committee;
r) to adjourn the Meeting when the business is concluded.
3.2 Duties of the Vice Chair
3.2.1 Where the Chair gives notice that he will be absent from the Advisory
Board or Committee, or of his absence through illness, or he refuses
to act, then the Vice Chair shall act in his place and instead of the
Chair and, while so acting, has and may exercise all the rights, powers
and authority of the Chair.
3.3 Duties of the Members of Advisory Boards and Committees
3.3.1 It shall be the duty of the Members to carry out the role of the Advisory
Board or Committee as set forth in the Advisory Board or Committee
mandate, in addition to the following responsibilities:
a) to deliberate on the business submitted to the Advisory Board
or Committee;
b) to vote when a motion is put to a vote, except where otherwise
disqualified from doing so by law;
c) to apply and respect the Rules of Procedure;
d) to attend all scheduled and special Advisory Board or
Committee meetings, sending regrets otherwise;
e) to understand his role and expectations, including all applicable
Municipality Policies;
f) to follow the agenda and stay focused on the topic at hand;
g) to understand and follow the mandate of the Advisory
Board or Committee, including its relationship to Council;
h) to understand and respect the role and expectations of all
participants;
i) to develop and maintain a climate where mutual support, trust,
respect, courtesy, teamwork, creativity and a sense of humour
are valued;
j) to maintain a high degree of professionalism, discharging all
duties with honour and integrity in order that the member may
merit the trust and confidence of the citizens of the
Municipality of Bayham, Council and staff;
k) to respect the individual worth and dignity of other members
and, at all times, work together to achieve a common vision for
the community, utilizing the diverse knowledge, expertise and
talents of all members to optimal advantage;
I) to challenge ideas and not people, creating a climate where it is
okay to disagree;
m) to communicate directly, concisely and honestly, listening
without interruption, and be open-minded, allowing a variety of
opinions to be heard;
n) to work effectively with the administration to provide excellent
service to residents, recognizing the professional obligations of
staff as an employee of the Municipality and not intervening in
administrative practices;
o) to respect that resolutions made shall reflect the majority view
of the Advisory Board or Committee;
p) to respect that decisions of Council are final and accurately
communicate the decisions of Council even if they disagree
with the majority decision of the Advisory Board or Committee;
q) to respect confidential information;
r) to attend any training session for Members.
3.3.2 Members shall adhere to the Advisory Board and Committee Code of
Conduct attached hereto as Schedule "A", as adopted by Council and
as amended from time to time.
3.3.3 Advisory Boards or Committees may appoint Affiliate or Student
Members from time to time. Affiliate or Student Members shall be
bound by Sections 3.3.1 and 3.3.2 of this Procedural By-law; however,
Affiliate and Student Members shall have no voting privileges.
3.4 Duties of the Council Members and Staff on Advisory Boards and
Committees
3.4.1 It shall be the duty of Council Members and staff appointed to Advisory
Boards and Committees to carry out the role of the Member as set
forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the
following responsibilities:
a) to contact Advisory Board or Committee Chairs if issues or
concerns related to Members or staff arise and ensure conflict
resolution mechanisms are employed, where appropriate;
b) to assist the Advisory Board or Committee by offering policy
advice on matters within the purview of the Advisory Board
or Committee;
c) to assist the Chair in preparing any reports or action items.
3.4.2 Council Members and staff shall only vote if the Terms of Reference or
mandate of the individual Advisory Board or Committee permit.
3.5 Duties of the Secretariat of Advisory Boards and Committees
3.5.1 It shall be the duty of the Member elected as Secretariat to the
Advisory Board or Committee to carry out the role of the Member as
set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the
following responsibilities:
a) to prepare agendas including relevant resolutions in
cooperation with the Chair;
b) to electronically distribute agendas to Members before a
meeting;
c) to arrange for or set up of meeting areas, giving consideration
to the nature of the matters to be discussed, any audio-visual
requirements, attendance by the public and ensuring
accessibility for all in compliance with the Municipality
Accessibility for Ontarians with Disabilities Act Handbook;
d) to arrange for attendance of invited guests at meetings, in
conjunction with the Chair;
e) to record when the meeting started and adjourned;
f) to record the Members present and absent;
g) to take minutes, recording a summary of the discussion for
each item, actions to be taken and recommendations, including
the names of the movers of motions;
h) to finalize minutes for distribution.
Section 4 - MEETINGS
4.1 Place of Meeting
4.1.1 Unless otherwise directed by the Advisory Board or Committee, all
Meetings shall be held in Municipal facilities.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Advisory Board or Committee shall be
held at a time determined by the Council or staff Member appointed to
the Advisory Board or Committee.
4.2.2 The Advisory Board or Committee Council or staff Member shall be
responsible for the location, content and format of the Agenda for the
Inaugural Meeting and all arrangements related thereto.
4.3 Regular Meetings
4.3.1 Regular Meetings of Advisory Boards and Committees shall be held
on a set schedule with fixed start times to be determined by the
Advisory Board or Committee at its Inaugural Meeting, which schedule
will be provided to the CAOICIerk immediately following the Inaugural
Meeting.
4.3.2 Where a change is made to the day and time of an Advisory Board or
Committee Meeting, the Chair shall give notice of the change to all
Members via email.
4.6 Meetings Open to Public
4.6.1 Subject to Section 4.7 of this Procedural By-law, Meetings shall be
open to the public and no person shall be excluded therefrom except
for improper conduct.
4.6.2 The Chair may request that members of the public vacate the Place of
Meeting if their behaviour is deemed to be disruptive to the business at
hand. The Chair may unilaterally suspend the Meeting until order is
restored in the Place of Meeting.
4.7 Closed Meetings
4.7.1 Except as otherwise provided herein, all Meetings shall be open to the
public.
4.7.2 The Advisory Board or Committee may, by resolution, close a Meeting
or part of a Meeting to members of the public if the subject matter
being considered is:
a) the security of the property of the Municipality or Local Board;
b) personal matters about an identifiable individual, including
Municipal and Local Board Employees;
c) a proposed or pending acquisition or disposition of land by the
Municipality;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before
administrative tribunals, affecting the Municipality;
f) the receiving of advice that is subject to solicitor-client
privilege, including communications necessary for that
purpose;
g) a matter in respect of which the Council is authorized by
another provincial statute to hold a closed meeting;
h) information explicitly supplied in confidence to the municipality
or local board by Canada, a province or territory or a Crown
agency of any of them;
i) a trade secret or scientific, technical, commercial, financial or
labour relations information, supplied in confidence to the
municipality or local board, which, if disclosed, could
reasonably be expected to prejudice significantly the
competitive position or interfere significantly with the
contractual or other negotiations of a person, group of
persons, or organization;
j) a trade secret or scientific, technical, commercial or financial
information that belongs to the municipality or local board and
has monetary value or potential monetary value; or
k) a position, plan, procedure, criteria or instruction to be applied
to any negotiations carried on or to be carried on by or on
behalf of the municipality or local board.
4.7.3 A motion by the Advisory Board or Committee, to close a Meeting or
part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting;
b) the general nature of the subject matter to be considered at the
closed Meeting.
4.7.4 Where a Meeting or part of a Meeting is closed to the public, the
Advisory Board or Committee shall request those persons not
specifically invited to the closed Meeting to vacate the Place of
Meeting.
4.7.5 A Meeting or part of a Meeting shall not be closed to the public during
a vote.
4.7.6 The Motion to rise from "In Camera" shall include the time that the
Advisory Board or Committee arose.
4.7.7 The Secretariat shall record without note or comment all resolutions,
decisions and other proceedings at a Meeting of the Advisory Board or
Committee when it is closed to the public.
4.7.8 Members shall ensure that confidential matters disclosed to them
during closed Meetings are kept confidential. Any breach of
confidential matters disclosed during closed Meetings shall be subject
to the sanctions contained in the Advisory Board and Committee Code
of Conduct.
4.8 Quorum
4.8.1 Quorum shall be a simple majority of the total Advisory Board or
Committee Members, including any vacancies. Subcommittees and
Working Groups are subject to quorum rules Advisory Boards and
Committees may appoint working group and sub committiees).
4.8.2 If a Quorum is not present within thirty (30) minutes after the time
appointed for the Meeting, the Secretariat shall record the names of
the Members present and the Meeting shall stand adjourned until the
date of the next Regular Meeting or other Meeting called in
accordance with the provisions of this Procedural By-law.
4.9 Adjournment - Due Hour
4.9.1 Except as provided in Section 9.1.16 of this Procedural By-law, a
Regular or Special Meeting of an Advisory Board or Committee shall
adjourn at the hour of 11:00 p.m., if in session at that time, and shall
reconvene at such other day and time as the Advisory Board or
Committee, by resolution, may direct.
4.10 Cancellation of Meeting
4.10.1 The Chair or the Vice Chair, in the Chair's absence, or the Secretariat,
in the absence of both the Chair and Vice Chair, may cancel any
Meeting of the Advisory Board or Committee if he is of the opinion that
weather conditions or an emergency warrant. The Chair shall inform
as many Members as he is able to reach, and any persons that are
scheduled to be in attendance.
4.10.2 Postponement of the Meeting shall not be for any longer than the next
regularly scheduled Meeting of the Advisory Board or Committee.
4.11 Accessibility
4.11.1 Adequate provisions shall be made by the Chair to ensure that Places
of Meeting, Agenda and Minute formats, communications and conduct
of meeting are accessible, to ensure maximum participation.
Reference may be made to the provisions of the Municipality of
Bayham Accessibility Handbook.
Section 5 —ADVISORY BOARDS AND COMMITTEES
5.1 Establishment of Advisory Boards and Committees
5.1.1 Advisory Boards and Committees are proposed by resolution of
Council and established by by-law. Each by-law shall incorporate the
mandate for the specific Advisory Board or Committee. Prior to
Council's establishment of any Advisory Board or Committee staff shall
submit a report to Council including the following information:
a) inventory of previous and existing activities related to the
matter, including public consultation initiatives;
b) membership composition and level of expertise or specialization
required by committee members for the selection process;
c) orientation, training and facilitation needs.
5.2 Review of Advisory Boards and Committees
5.2.1 Council may review all Advisory Boards and Committees and their
respective mandates at any time during the term of Council. The
CAOICIerk shall assist in this effort by providing an overview of all
Advisory Boards and Committees when requested.
5.2.2 Council may abolish an Advisory Board or Committee at any time
during the term of Council with fully substantiated reasoning.
5.3 Orientation Sessions
5.3.1 Orientation sessions shall be conducted for Advisory Board and
Committee appointees at the beginning of each term of Council. All
Members benefit from orientation. Further sessions may be
conducted for appointees during the term of Council, as required.
Electronic orientation handbooks will be distributed to all Members for
reference purposes.
5.4 Appointment Process for Advisory Board and Committee Members
5.4.1 Where a Provincial Statute prescribes the type of appointments to be
made by the Municipality to a given Advisory Board or Committee, the
Statute shall be complied with.
5.4.2 Where the Municipality makes appointments to Advisory Boards or
Committees of its own creation the vacancies for citizen appointments
shall be publicly advertised on the Municipality of Bayham website.
5.4.3 To apply to serve as a Member on a Municipality Advisory Board or
Committee, interested individuals shall be invited to apply and submit
an application, which is available on the Municipality of Bayham
website. These appointments enable local citizens from various
backgrounds to participate in local government and voluntarily give
their time and expertise to help formulate the direction of certain
programs.
5.4.4 All appointments to Advisory Boards or Committees shall be subject to
compliance with the Municipality Advisory Board and Committee
Policy, inclusive of all screening requirements.
5.4.5 The duration of Advisory Board or Committee appointments are the
same as the term of Council. While appointees may serve on more
than one Advisory Board or Committee, Council shall give the first
consideration to individuals who are not already appointed to another
Advisory Board or Committee.
5.5 Elections
5.5.1 The Chair, Vice-Chair and Secretariat shall be elected to a term as
agreed upon by the Advisory Board or Committee at the Inaugural
Meeting.
5.5.2 Election shall be by show of hands, with each member receiving one
vote.
5.5.3 The Council Member or staff are not eligible to serve as Chair or Vice
Chair.
5.6 Resignation and Dismissal Process
5.6.1 Advisory Board and Committee members wishing to resign their
appointment shall submit a letter of resignation which shall be
forwarded as soon as possible to the CAOICIerk.
5.6.2 Council may, with or without the advice of the Advisory Board or
Committee, and with a supporting rationale, make changes to the
Advisory Board or Committee membership.
5.7 Attendance Management
5.7.1 After two consecutive absences by any Member at regularly scheduled
meetings, the following process shall be followed:
a) The Council Members shall informally contact the absent
Member to determine if they plan to attend the next regularly
scheduled meeting, noting any reasonable or compassionate
circumstances which would prohibit their attendance.
b) If no reasonable or compassionate response is given, the
Council Members shall inform the absent Member that if they
are absent from the next regular meeting (the third meeting),
the Advisory Board or Committee shall declare their seats
vacant and recommend to Council the removal of the Member.
c) If the Council Member is unable to reach the absent member or
if there was no reasonable or compassionate grounds for
absences given at the time of preparing the Agenda for the third
meeting:
i) The Secretariat shall include the item "Absentee
Member" on the Agenda under the Matters of Business
heading.
ii) Upon consideration of the item, the Secretariat shall
briefly identify the requirements of the Advisory Board
and Committee Procedural By-law and the name of the
absent Member.
iii) The Advisory Board or Committee shall recommend to
Council the absent Member's seat be declared vacant.
d) Removal from Advisory Board or Committee Membership shall
be made by resolution of Council. Council may, by resolution,
based on evidence of absenteeism due to compassionate or
reasonable grounds waive the attendance requirements of the
Advisory Board and Committee Procedural By-law.
Section 6 -AGENDAS AND MINUTES
6.1 Advisory Board and Committee Agenda
6.1.1 The Secretariat shall cause to be prepared an electronic Agenda
under the following headings for the use of the Members at Meetings
of the Advisory Board or Committee:
Call to Order
Disclosures of Pecuniary Interest
Delegations
Adoption of Minutes
Matters of Business
Adjournment
6.1.2 The Agenda shall be emailed to each Member no later than two days
preceding the commencement of the Regular Advisory Board or
Committee Meeting in question.
6.1.3 The business of the Advisory Board or Committee shall be considered
in the order as it appears on the Agenda, unless otherwise decided by
a vote of the majority of the Members present and voting.
6.2 Meeting Minutes
6.2.1 Meeting structure, Agenda and Minute formats should meet the
individual needs of Advisory Boards and Committees, while ensuring
consistency, completeness and accountability. An Advisory Board or
Committee may choose to follow a more informal procedure and allow
for a consensus approach to discussion. It is recommended that the
following components be included in Agendas, where specific subject
items are described in each component and the use of the minute
template, as approved by the CAOICIerk.
6.2.2 The Secretariat shall cause the Minutes to be taken of each Meeting of
the Advisory Board or Committee, whether it is closed to the public or
not. These minutes shall include:
a) the place, date and time of the Meeting;
b) the name of the Presiding Officer or Officers and the record of
attendance of the Members; should a Member enter after the
commencement of the Meeting or leave prior to adjournment,
the time shall be noted;
c) declarations of pecuniary interest;
d) the reading, if requested, correction and confirmation of the
minutes of prior Meetings; and
e) all resolutions, decisions and all other proceedings of the
Advisory Board or Committee, without note or comment.
6.2.3 The Minutes of each Advisory Board or Committee shall be presented
to the Members for confirmation at the next Regular Meeting.
Section 7 - ORDER OF PROCEEDINGS
7.1 Call to Order
7.1.1 As soon as a Quorum is present after the hour set for the holding of
the Meeting, the Chair shall call the Members present to order.
7.1.2 If the Chair does not attend a Meeting within fifteen (15) minutes after
the time set for the Meeting and a Quorum is present, the Vice Chair
shall preside over the Meeting and shall exercise all duties and
responsibilities of the Chair as outlined in this Procedural By-law until
the Chair is present at the Meeting and able to perform his
responsibility to assume the chair.
7.1.3 If the Vice Chair is also not present within fifteen (15) minutes after the
time set for the Meeting and a Quorum is present, the Secretariat shall
call the Meeting to order, and the Members present shall appoint a
Presiding Member who shall act as Chair of the Meeting until the
arrival of the Chair or Vice Chair, whoever is the first to arrive and is
able to assume the chair.
7.2 Disclosures of Pecuniary Interest
7.2.1 Where a Member, either on his own behalf or while acting for, by, with
or through another, has any pecuniary interest, direct or indirect, in
any matter and is present at a Meeting of the Advisory Board or
Committee at which the matter is the subject of consideration, the
Member shall:
a) prior to any consideration of the matter at the Meeting, disclose
the interest and the general nature thereof;
b) not take part in any discussion of or vote on any question with
respect to the matter; and
c) not attempt in any way before, during and after the meeting to
influence the voting on any such question.
7.2.2 Where the Meeting is not open to the public, in addition to complying
with the requirements of Section 7.2.1 of this Procedural By-law, the
Member shall immediately leave the Meeting or part of the Meeting
during which the matter is under consideration.
7.2.3 Where a Member is absent from a Meeting which includes a matter for
which the Member has a pecuniary interest, the Member shall disclose
this interest and otherwise comply at the first Meeting of the Advisory
Board or Committee attended by him after the particular Meeting.
7.3 Delegations
7.3.1 Delegations shall be permitted to speak on a matter only once within a
six (6) month period and shall be limited to speak for no more than ten
(10) minutes and be so advised in advance of their delegations. An
extension to speak may be decided, without debate, by a majority of
the Members present. Where a delegation consists of a group of three
or more persons, the group may address the Advisory Board or
Committee for no more than fifteen (15) minutes.
7.3.2 No Delegation shall:
a) speak disrespectfully of any person;
b) use improper language or unparliamentarily language;
c) speak on any subject other than the subject for which they have
received approval to address the Advisory Board or Committee;
or
d) disobey the rules of procedure or a decision of the Chair.
7.3.3 The Advisory Board or Committee may refuse to hear delegations
when, in the opinion of the Advisory Board or Committee, the subject
of the presentation is beyond the jurisdiction of the Advisory Board or
Committee.
7.4 Matters of Business
7.4.1 Any matters presented, considered, referred or tabled or any
delegations not otherwise disposed of through the consideration of
another Agenda heading, shall be disposed of during this portion of
the Meeting.
7.4.2 Items of business requiring the direction of the Advisory Board or
Committee or a formal resolution will appear under this heading in the
Agenda. These matters should generally pertain to information items
and can include correspondence and Members' Reports.
7.4.3 All Matters of Business intended to be presented to the Advisory
Board or Committee shall be legibly written or printed, shall not contain
any impertinent or improper matter or language, shall identify the
author(s) by name and municipal address and shall be filed with the
Secretariat before it is presented to the Advisory Board or Committee
7.4.4 All matters to be considered under this heading of the Agenda shall be
received by the Secretariat no less than five (5) days prior to the
Advisory Board or Committee Meeting date.
7.5 Adjournment
7.5.1 See Section 9.1.14 of this Procedural By-law
Section 8 - RULES OF DEBATE AND CONDUCT
8.1 Duties and Conduct
8.1.1 Advisory Boards and Committees work on behalf of Council for the
citizens of the Municipality of Bayham. Advisory Boards and
Committees may consult with community stakeholders or engage in
activities that puts Members in direct contact with citizens and various
organizations. Members shall reflect a professional and courteous
manner when interacting with the public. Should a Member exhibit a
pattern of inappropriate conduct, the Advisory Board or Committee or
staff may request that Council rescind the Member's appointment.
8.1.2 No Member shall:
a) speak disrespectfully of the Reigning Sovereign, or of any
Member of the Royal Family, or of the Governor-General, the
Lieutenant-Governor of any Province, of any member of the
Senate, the House of Commons of Canada or the Legislative
Assembly of the Province of Ontario;
b) use offensive words or unparliamentarily language or speak
disrespectfully against the Advisory Board or Committee,
against any Member or against any officer or employee of the
Municipality of Bayham;
c) speak on any subject other than the subject being debated;
d) disobey the Rules of Procedure or a decision of the Chair,
whoever is in the chair for the Meeting or a portion of the
Meeting, on questions of Points of Order or procedure or upon
the interpretation of the Rules of Procedure except where the
ruling of the Chair is reversed by the Advisory Board or
Committee pursuant to subsection 8.6.2. If a Member persists
in any such disobedience after having been called to order, the
Chair shall forthwith order that Member to vacate the Place of
Meeting, but if the Member apologizes, he may, by majority
vote of the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an
individual's race, ancestry, place of origin, ethnic origin,
citizenship, creed, gender, sexual orientation, age, colour,
marital status, family status or disability;
f) where a matter has been discussed in a closed Meeting, and
where the matter remains confidential, disclose the content of
the matter or the substance of the deliberations of the closed
Meeting to any person.
8.2 Address the Chair
8.2.1 Any Member desiring to speak shall signify a desire to speak in such
manner as the Chair may direct, and upon being recognized by the
Chair, shall address the Chair, only.
8.3 Order of Speaking
8.3.1 When two or more Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified
first and next recognize in order the other Members.
8.4 Point of Privilege
8.4.1 Where a Member considers that his integrity or the integrity of the
Advisory Board or Committee as a whole has been impugned, the
Member may, on a Point of Privilege, rise with the consent of the Chair
for the purpose of drawing the attention of the Advisory Board or
Committee to the matter.
8.4.2 When a Member is permitted to raise such matter of privilege, it shall
take precedence over other matters, but the Member shall not be
permitted to enter into any argument or introduce any Motion related to
the Point of Privilege.
8.4.3 When a Point of Privilege is raised, it shall be considered and decided
by the Chair immediately and the decision of the Chair under this
section shall be final.
8.5 Point of Order
8.5.1 When a Member desires to call attention to a violation of the Rules of
Procedure, the Member shall ask leave of the Chair to raise a Point of
Order and, after leave is granted, shall succinctly state the Point of
Order to the Chair and the Chair shall then decide upon the Point of
Order and advise the Member of the decision.
8.6 Appeal of Ruling of Chair
8.6.1 With respect to a ruling on either a Point of Privilege or a Point of
Order, if the Member does not appeal immediately thereafter to the
Advisory Board or Committee the decision of the Chair shall be final.
8.6.2 If the Member wishes to appeal the decision of the Chair, he shall
appeal immediately to the Advisory Board or Committee otherwise the
decision of the Chair is final.
8.6.3 If the decision is appealed, the Chair will give concise reasons for his
ruling and will call a vote by the Advisory Board or Committee, without
debate on the following question: "Will the ruling be sustained?", and
the decision of the Advisory Board or Committee is final. The Chair
may vote on this question. In the event of a tie of votes, the ruling of
the Chair shall be deemed to be sustained.
8.7 Members Speaking
8.7.1 When a Member is speaking, no other Member shall pass between the
Member and the Chair, or interrupt the Member except to raise a Point
of Order.
Section 9 - MOTIONS
Reading
9.1.1 All motions must be introduced by a mover before the Chair may put
the question or motion on the floor for consideration.
Withdrawn
9.1.2 After a motion is properly moved, it shall be deemed to be in
possession of the Advisory Board or Committee, but may be
withdrawn by the mover at any time before decision or amendment.
No debate until properly moved and seconded
9.1.3 No Member shall speak to any motion until it is properly moved, and
the mover is entitled to speak first if the Member so elects.
Motion ruled out of order
9.1.4 Whenever the Chair is of the opinion that a motion is contrary to these
Rules of Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council
9.1.5 A Motion in respect of a matter which requires the exercise of a
legislative power by the Advisory Board or Committee which is not
within its jurisdiction shall not be in order at a Meeting the Advisory
Board or Committee.
Motion to Amend
9.1.6 A motion to amend:
a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the
question; and
d) shall be put to a vote in reverse order to the order in which the
amendments are made.
9.1.7 Only one motion to amend an amendment to the original motion shall
be allowed and any further amendment must be to the original motion.
Motion to table
9.1.8 A motion simply to table is not debatable except where instructions are
included, in which case, only the instructions shall be debatable. Such
motion cannot be amended.
9.1.9 The matter tabled shall not be considered again by the Advisory Board
or Committee until a motion has been made to lift from the table the
tabled matter at the same or subsequent Meeting.
9.1.10 A motion to lift a tabled matter from the table is not subject to debate
or amendment.
Reconsideration
9.1.11 A resolution or any question or matter which has been adopted
previously by the Advisory Board or Committee may be reconsidered
by the Advisory Board or Committee subject to the following:
a) a majority of the Advisory Board or Committee agree to such
reconsideration by Resolution. Only a Member who voted
thereon with the majority may make a Motion to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the
Members present and voting in favour of such reconsideration
before the matter is re-opened for debate;
c) debate on a motion to reconsider must be confined to reasons
for or against the subject of the reconsideration;
d) if a Motion to Reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless
the motion calls for a future date, and debate on the question to
be reconsidered may proceed as though it previously had never
been voted on; and
e) a vote to reconsider a particular matter or decision will not be
considered more than once during the term of the Advisory
Board or Committee.
Motion to recess
9.1.12 A motion to recess shall provide for the Advisory Board or Committee
to take a short intermission within a Meeting which shall neither end
the Meeting nor destroy its continuity and after which, proceedings
shall immediately resume at the point where they were when
interrupted.
9.1.13 A motion to recess is not debatable, but it is amendable as to the
length of the recess and is not in order when another motion is on the
floor.
Motion to Adjourn
9.1.14 A motion to adjourn is not debateable or amendable and shall always
be in order except:
a) when another Member is in possession of the floor;
b) when a vote has been called;
c) when the Members are voting; or
d) when a Member has indicated to the Chair his desire to speak
on the matter before the Advisory Board or Committee.
9.1.15 A motion to adjourn, if carried, without qualification, will bring a
Meeting or session of the Advisory Board or Committee to an end.
9.1.16 A motion to proceed beyond the hour of 11:00 p.m.:
a) shall not be amended or debated;
b) shall always be in order except when a Member is speaking or
the Members are voting; and
c) shall require the support of two-thirds (2/3) of the Members
present and voting.
Section 10 -VOTING ON MOTIONS
Unrecorded Vote
10.1 A simple majority vote of the Members present shall be followed.
Recorded votes shall not be permitted.
10.2 The manner of determining the decision of the Advisory Board or
Committee on a motion shall be at the direction of the Chair and may
be by voice, show of hands, standing, or otherwise.
10.3 Every Member present at the Meeting, when the question is put, shall
vote thereon unless disqualified under the Municipal Conflict of
Interest Act to vote on the question.
10.4 Except where the Member is disqualified under the Municipal Conflict
of Interest Act from voting, if a Member does not vote when a question
is put, that Member shall be deemed to have voted in the negative.
10.5 A Member not in his seat when the question is called by the Chair is
not entitled to vote on that question.
10.6 Each Member has only one vote.
10.7 The Chair shall announce the result of every vote.
Section 11 - CONDUCT OF THE AUDIENCE
11.1 Members of the public who constitute the audience in the Advisory
Board or Committee Place of Meeting, during a Meeting, shall respect
the decorum of Advisory Boards and Committees, maintain order and
quiet and may not:
a) address the Advisory Board or Committee without permission;
b) interrupt any speaker or action of the Members or any person
addressing the Advisory Board or Committee;
c) speak out;
d) applaud;
e) behave in a disorderly manner; or
f) make any noise or sound that proves disruptive to the conduct
of the Meeting.
11.2 Placards, signs, posters, etc. or any advertising devices shall not be
permitted in the Place of Meeting.
11.3 The Chair may request that a Member or Members of the public
vacate the Place of Meeting if his behaviour is deemed to be disruptive
to the business at hand.
Section 12 -ADMINISTRATION
12.1 Unless the context otherwise requires, in this Procedural By-law the
words used in the male gender shall include the female gender and
the singular includes the plural, and vice-versa, as the context
requires.
12.2 This By-law shall be administered by the CAOICIerk.
12.3 This By-law shall come into full force and effect on the 21 day of
December, 2017.
12.4 The short title of this By-law is the "Advisory Board or Committee
Procedural By-law"
READ A FIRST, SECOND and THIRD time and finally passed on the 21 day of
December, 2017.
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Joint Cemeteries Board
Statutory - Discretionary Statutory
Funeral, Burial and Cremation Services Act, 2002
Municipal of Bayham Cemeteries Regulatory By-law
Acronym BJCB
Mandate To co-ordinate and support the efforts in pursuing consistency among the
Bayham Cemetery Boards, and ensuring compliance with the requirements of the
Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as
amended from time to time. Sub-Committees forming Individual Boards shall be
established to be responsible for the maintenance and operation of each of the
following cemeteries in the Municipality of Bayham and be known as:
The Straffordville Cemetery Board The Smuck Cemetery Board
The Eden Cemetery Board The Calton Cemetery Board
The Guysboro Cemetery Board The Dobbie Cemetery Board
The Best Cemetery Board The Bayham West Cemetery Board
The Sub-Committee Boards may initiate and undertake other projects, in regard
to cemeteries without any individual Board structure, either individually or jointly.
Other Municipal Cemeteries acknowledged as having no individual board
structure at this time include:
Light Edison Claus Stanton
Firby Old Eden Old Richmond (Godwin)
Otter Valley Estherville (also know as Otter Valley Baptist & Old Port Burwell)
Amerman Abandoned Hemlock Creek Hutchison
Composition Nine (9) members of the public
Council Representation One (1) Member of Council — no voting privileges
Staff Representation One (1) Staff person — no voting privileges
Base Municipality of Corporate Health and Safety Policy
Bayham Health and Safety
Profile
Date Profile Approved July 16, 2015
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Harbourfront Advisory Committee
Statutory - Discretionary Discretionary
Acronym HFC
Mandate The Harbour Front Committee (HFC) will provide advisory support to Council in
regard to the promotion, improvement and development of the Bayham
harbourfront area and related infrastructure.
The Committee will work towards the creation of a vibrant harbourfront area to
promote a strong economic base with enhanced tourism and inclusion of natural
and heritage resources, within the financial realities of the Municipality of
Bayham. The Committee will provide advisory recommendations to Council for
the promotion, improvement and development of the harbour area with the goal
to contribute to employment opportunities, community renewal, beautification and
recreational opportunities.
The Committee will work closely with other related groups and agencies including
but not limited to the County of Elgin Economic Development Department, Port
Burwell Provincial Park and Otter Valley Naturalists.
Composition Nine (9) members of the public
Council Representation One (1) Member of Council —full voting privileges
Staff Representation One (1) Staff person— no voting privileges
Base Municipality of Corporate Health and Safety Policy
Bayham Health and Safety
Profile
Date Profile Approved July 16, 2015
Municipality of Bayham Advisory Board and Committee Profile
Municipality of Bayham Museums Bayham Board
Statutory - Discretionary Discretionary (By-law No. 2006-082, Collections & Records Management Policy,
By-law No. 2006-083, Education Policy, By-law No. 2007-018, Staff Training
Policy)
Acronym MB
Mandate Museums Bayham exists to educate the citizens of Bayham and the community
beyond about the history of the Bayham area, subject to budgetary requirements
and limits as approved by the Council of the Municipality of Bayham, following the
procedures and policies approved by Bayham Council. This includes Port Burwell
and its lighthouse in relation to the local and marine heritage of the Great Lakes,
and also Vienna's Canadian connection to the Thomas Alva Edison family
heritage, fostering an appreciation for the relationship of Bayham's past to its
present and future development. To this end, Museums Bayham collects,
records, preserves, researches, shares, promotes and presents exhibits and
interprets documents and artifacts related to the history of Bayham, in
accordance with the financial realities of the Corporation of the Municipality of
Bayham.
The premises known municipally as 20 Pitt Street and 17 Robinson Street and
known as the Port Burwell Marine Museum and Lighthouse, respectively, shall
continue to be maintained and identified as the Port Burwell Marine Museum and
Lighthouse. The Marine Museum and Lighthouse have been established to serve
the inhabitants of Port Burwell and the Bayham area, with a strong appeal to
tourists visiting the region. The museum collection will focus on marine
documentation and artifacts that illustrate the relationships between marine life on
the Great Lakes together with domestic and commercial life of the Village as a
port on Lake Erie.
The premises known municipally as 14 Snow Street, and known as the Edison
Museum of Vienna shall continue to be maintained and identified as the Edison
Museum of Vienna. The Edison Museum has been established to promote
recognition of the extent and impact of Thomas Alva Edison, the inventor, on the
local area, and worldwide, by his many inventions and family artifacts on display,
and promote and preserve the historical artifacts and records of the Bayham area
and its inhabitants.
Service and Operation Programming
The Board with assistance of Staff will be responsible for the preparation and
review of policies and procedures for service, operation, programming, and long-
term planning goals for the museums.
Artifacts
Ownership of any and all donated items lies with the Municipality of Bayham, who
will provide adequate insurance coverage including on-loan items, subject to
consideration of Council considering recommendations of the Board. Acquisition,
disposal, and records of documents, objects and artifacts will be governed by the
Museums' collection development and management policy as adopted by the
Council of the Municipality upon recommendation of the Board. Ownership by
the Municipality of Bayham may be assigned to its successors, administrators
and assigns absolutely. Displays and exhibits will be approved by the Board.
Finance and Budgeting
The Board in communication with the appropriate staff, will prepare, review and
submit annual operating budget requirements, including long-term capital
projects, to the municipal administration, for Council's consideration and approval
annually as required. The Board will monitor the budgets throughout the year.
Reserves/Reserve Funds may be established as approved by Council through
the budget process. Bequests and financial donations will be accounted for
through Municipal administration.
Purchasing
Purchasing is to be coordinated through staff in accordance with the Municipal
Procurement By-law. Any such purchases must be within the Budgets
established and approved by Council, and must be approved by the Board. A
Petty Cash Fund(s) may be permitted at the discretion of the Board. Such petty
cash fund will be administered by staff.
Human Resources
The Museums and staff shall be governed by Council through the CAOICIerk in
accordance with municipal policies and procedures. The Board will provide
general direction of staff at the museums, assisted by municipal staff as
appropriate, within the guidelines of the annual budget and personnel policy, as
approved by Council.
Special Events and Exhibits
The Board, with assistance of museum staff and volunteers, may undertake
special events, displays, and exhibits at its discretion, within the guidelines of the
annual operating budget as approved by Council.
Fundraising and Donations
The Board, with assistance of museum staff and volunteers, will undertake and
promote fundraising and donation programs to the best of its ability. Such
programs may be for general operating assistance or special programs/capital
projects (approved by Council). All accounts shall be accounted for through
Municipal administration.
Facility Management
The Board will provide input/information to municipal administration for the
Capital and Operating needs of Museum facilities. Such needs shall be
considered in the preparation of budgets presented to Municipal Council.
Composition Eleven (11) members, including six (6) community members, one (1) member
from the Port Burwell Historical Society, one (1) member from the Bayham
Historical Society, one (1) expert representative from a professional heritage
facility (active or retired), if possible.
Council will endeavor to provide membership from the Bayham community that
will support the mandate and success of both museum facilities.
Council Representation One (1) Member of Council — no voting privileges
Staff Representation One (1) Staff person —no voting privileges
Base Municipality of Corporate Health and Safety Policy
Bayham Health and Safety
Profile
Date Profile Approved July 16, 2015
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Corporation of the Municipality of Bayham
Advisory Board & Committee Member Application Form
I am interested in participating as a volunteer on the following boards and/or committee(s):
Explain why you would like to serve on each board or committee identified above,
including any skills or experience which would be of value to the committee or board:
Do you have any experience volunteering? OYES ONO
if Yes, in what capacity:
We want to ensure persons with disabilities are able to participate on municipal committees.
If you have a disability, what accommodations, if any, would you need to carry out this position?
Please provide any additional information which may be of assistance in the selection process.
Applicants Signature: Date:
Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility
Request for Alternate Formats Form at www.bavham.on.ca or contact the Accessibility Coordinator at 519-866-
5521 or at accessibility(c�bavham.on.ca.
NOTE: Personal information on this form is collected under the authority of the Municipal Freedom ofInformation
and Protection of Privacy Act c.M56 s.29(2) and will be used to appoint citizen members to municipal boards, or
committees. Information on this form will be disclosed to the public for candidate selection purposes. Questions
about this collection should be directed to the Municipal Clerk at the address indicated at the top of the application.
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Advisory Board and Committee Member Confidentiality Statement
The Municipality of Bayham and its Boards, Committees, Volunteers and Employees
adhere to the requirements of the Municipal Freedom of Information and Protection of
Privacy Act,
I, , am an Advisory Board or Committee Member serving as a
volunteer citizen member of the Corporation of the Municipality of Bayham.
I HEREBY ACKNOWLEDGE AND UNDERSTAND THE FOLLOWING:
THAT the Municipal Freedom of Information and Protection of Privacy Act provides that all
persons appointed or chosen under the authority of a municipal council are governed by
the said Act and includes citizen members of boards, committees and volunteers
appointed by Council from time to time;
THAT the Municipal Freedom of Information and Protection of Privacy Act, Section 48,
provides for penalties for contravention of the said Act;
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT in the course of carrying out
my volunteer role, I may have access to and may be dealing with records containing
confidential information and/or personal information which reveals the identity of the
person who is the subject of the record or identify a person who has provided information
about the subject of the record;
I HEREBY AGREE to hold such information confidential and, except as may be legally
required, will not disclose or release it to any person at any time without proper consent or
authorization;
I FURTHER AGREE to take appropriate security measures to prevent unauthorized
access to confidential information.
DATED at the Municipality of Bayham this day of , 20_
Signature: Witness:
Municipality of Bayham documents are available in alternate formats upon request. Please fill out the
Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility
Coordinator at 519-866-5521 ext. 209 or at accessibilitybayham.on.ca.
Accessibility Standards Training for Volunteers
The Municipality of Bayham is committed to creating and maintaining an accessible and inclusive community for all
residents.To do this, we must recognize and acknowledge the diverse needs of our residents, including the needs of
people with disabilities.
On July 1, 2011,the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11) under the Accessibility for
Ontarians with Disabilities Act, 2005,was enacted into law.
Each regulation requires the Municipality to train all of its employees,volunteers, and third party contractors on the
Regulation and the Ontario Human Rights Code, as it relates to people with disabilities.
Ontario Human Rights Code
Under the Ontario Human Rights Code,the Municipality has a legal obligation to accommodate any person with a
disability, regardless of whether they are an employee, volunteer or resident. It is important to provide accessible
formats,communication supports or workplace accommodations in a timely and efficient manner upon request.
Accessible Customer Service
Service Animals
Service animals are allowed in all parts of municipally owned or operated facilities in areas that are open to the public. If
an animal is excluded by law,the Municipality is not required to allow the animal entrance into its facilities.
A service animal is categorized by the following:
(a) the animal can be readily identified as one that is being used by the person for reasons relating to the
person's disability, as a result of visual indicators such as the vest or harness worn by the animal; or
(b) the person provides documentation from one of the following regulated health professionals confirming
that the person requires the animal for reasons relating to the disability:
(i) A member of the College of Audiologists and Speech-Language Pathologists of Ontario.
(ii) A member of the College of Chiropractors of Ontario.
(iii) A member of the College of Nurses of Ontario.
(iv) A member of the College of Occupational Therapists of Ontario.
(v) A member of the College of Optometrists of Ontario.
(vi) A member of the College of Physicians and Surgeons of Ontario.
(vii) A member of the College of Physiotherapists of Ontario.
(viii) A member of the College of Psychologists of Ontario.
(ix) A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of
Ontario.
Support Persons
The Municipality welcomes individuals to be accompanied by a support person to Municipal programs and services. The
Municipality will waive admission fees for the support person, where applicable. The individual needs to make this
known to Municipal staff or volunteers; otherwise admission fee will be charged.
Service Disruption
If a Municipal service is temporarily disrupted, it is the Municipality's responsibility to provide notice to the public.
Notice of disruption must include the following information:the reason for the disruption, how long it is expected to be
unavailable and if there is a way to provide an alternative service. This information should be posted in a conspicuous
area within the facility and on the Municipality's website.
General Requirements
Establishment of Policies, Procedures and Best Practices
Municipal Council approved the Corporate Accessibility Policy.The policy provides direction and guidance to staff on
how the Municipality will comply with the standards and the various requirements.
Accessibility Plans
The Municipality's multi-year accessibility plan provides a high-level overview of the actions staff will undertake to meet
all of the Municipality's compliance obligations. It can also be found on the Municipality's website.
Procuring or Acquiring Accessible Goods, Services or Facilities
To ensure that the Municipality is receiving accessible goods and services from third-party contractors, accessibility
criteria has been incorporated into the general terms and conditions that accompany any RFP, bid or tender published
by the Municipality.
Training
In order to train all volunteers on the Accessible Customer Service Standard, Integrated Accessibility Standard
Regulation and the Ontario Human Rights Code this brochure has been developed.
Information and Communications
Feedback
Receiving feedback on the accessibility of the Municipality's goods,services and facilities is an effective way to ensure
we are meeting the needs of the Municipality's residents with disabilities. Residents can submit their feedback in
person, by phone, by email or in writing.The Accessibility feedback form can be found on the Municipality's website.
Accessible Formats
The Municipality is only required to provide any of its documents in an accessible format upon request. Accessible
formats can be produced by contacting the Municipality's Accessibility Coordinator.An accessible format could include
large print, Braille, audio, plain language, or an electronic format such as PDF or formatted Word document.
Communication Supports
An American Sign Language Interpreter is an example of a communication support. Upon receiving a request, the
Municipality is obligated to provide communication supports for any of its programs,events or services. The
Municipality's Accessibility Coordinator can arrange for a communication support, if requested.
Please fill out the information below and return it to the Municipality.
Name: VoNYH414,1
Board or Committee :
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Date:
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Signature: _
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