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HomeMy WebLinkAboutBy-law No. 2015-085 BY-LAW NUMBER 2015-085 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: THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS 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 THAT By-laws No. 2007-017, 2009-133, 2010-059 and 2012-065 are hereby repealed in their entirety. 3.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 16TH day of July, 2015. f:7::/e" MAYOR CL R�J -INN-YHA-4f VplljIF44ogk, Off = VIP�ornity IS I°� Corporation of the Municipality of Bayham Date of Council Approval: July 16, 2015 Date of Latest Revision: Policy Name: Municipality of Bavham 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 Bayharn 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 Bayharn 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 Administrator 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 Administrator 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 Administrator prior to disclosure of any record or information for instruction. Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario NOJ 1'f0 Phone: 519-866-5521 Email:pshiowayCa)bayham.on.ca 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 PASSED: JULY 16, 2015 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 SCHEDULE "A" CODE OF CONDUCT-ADVISORY BOARD AND COMMITTEE MEMBERS BY-LAW NO. 2015-085 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, S.O.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: "Administrator" shall mean the Administrator of the Municipality of Bayham. "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. "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; 1) 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 Administrator 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 and Committee is authorized by another provincial statute to hold a closed Meeting; or h) information which is prohibited from being made public under the Municipal Freedom of Information and Protection of Privacy Act. 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 Administrator 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 Ali 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 Administrator. 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 Administrator. 62.2 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 unpariiamentarily 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 Administrator. 12.3 This By-law shall come into full force and effect on the 16 day of July, 2015. 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 16 day of July, 2015. SCHEDULE 'A' CODE OF CONDUCT - ADVISORY BOARD AND COMMITTEE MEMBERS Advisory Committee Members Code of Conduct Advisory Boards and Committees are established by Council for the purpose of encouraging community participation in a variety of issues relevant to the Municipality. The Municipality recognizes such bodies play an important part in the corporate decision- making process by providing a means for elected representatives and staff to receive perspectives and insight from affected citizens on a variety of matters. Advisory Boards and Committees report to Council and the nature of Advisory Board and Committee reccmmendations to Council is purely advisory, not advocacy. In recognition of the impartial and objective recommendations that Council receives from Advisory Boards and Committees, as well as the challenges and inherent restrictions placed upon these same individuals in assessing and recommending various options in a conscientious and ethical manner, the following Code of Conduct is provided as a general standard for all Municipality Advisory Board and Committee Members to ensure they are acting in a manner that is appropriate with regard to accountability and transparency. 1. Advisory Board and Committee Members shall, when conducting business, preparing written correspondence, interacting with media, Members of Council, staff or members of the public, act in a manner that accomplishes the following: a) fulfil the mandate of the Advisory Board or Committee; b) respect due process and the authority of the Chair; c) demonstrate respect for all fellow Advisory Board and Committee Members, Council, staff and the public regardless of cultural or linguistic diversity and life circumstances; d) respect and give fair consideration to diverse and opposing viewpoints; e) demonstrate due diligence in preparing for meetings, special occasions, or other Advisory Board or Committee related events; f) demonstrate professionalism, transparency, accountability and timeliness in completing any tasks or projects undertaken by the Advisory Board or Committee; g) conform with all applicable legislation, by-laws, policies and guidelines; h) work in conjunction with the community; i) contribute in a meaningful manner, offering constructive comments to Council, staff and fellow Advisory Board and Committee Members. 2. A Member of an Advisory Board or Committee shall not: a) engage in any business or transaction or have a financial or personal interest that is incompatible with the Advisory Board or Committee official duties; b) place oneself in a position where the Member is under obligation to any person who might benefit from special consideration or favour on the Member's part or who might seek in any way preferential treatment; c) accord, in the performance of official duties, preferential treatment to relatives or to organizations in which the Member has an interest, financial or otherwise; d) place oneself in a position where the Member could derive any direct or indirect benefit or interest from any matter about which the Member can influence decisions; e) benefit from the use of information acquired during the course of the Member's official duties which is not generally available to the public; f) accept gifts, hospitality, or entertainment that could reasonably be construed as being given in anticipation or recognition of special consideration by the Member or the respective Advisory Board or Committee. 3. Should a Member of an Advisory Board or Committee breach any of the clauses set out herein, the following actions may occur: a) An Advisory Board or Committee may censure the Member or recommend to Council removal of the Member from the Advisory Board or Committee; b) A formal warning may be issued to the Member from the Chair of the Advisory Board or Committee; or c) Should subsequent breaches occur following the formal warning, the Chair may suspend the Member and recommend removal to Council. Member's Name (Printed) Signature Date 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 Administrator 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 $PY 11101101/41.41.or. {41, Pip unity " 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? ®YES 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.bayham.on.ca or contact the Accessibility Coordinator at 519-866- 5521 or at accessibility@bavham.on.ca NOTE: Personal information on this form is collected under the authority of the Municipal Freedom of Information 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. tok-XI-1414 .106_,:,.* _iv ... _ - -1, wil -eciti : _ , et 411Iipp, _. i ,,, 0 ii10 oApO u IS 44/0 pity Corporation of the Municipality of Bayham 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.bavham.on.ca or contact the Accessibility Coordinator at 519-866-5521 ext. 209 or at accessibilitvnbavham.on.ca,