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By-law No. 1998-002 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 98-02 BEING A BY-LAW TO ADOPT A PROCEDURAL BY-LAW FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM. WIIEREAS Section 55 of the Municipal Act,R.S.O., Chapter M.45, as amended, states that every Council and local board shall adopt a procedure by-law to govern the calling,place and proceedings of meetings; AND WHEREAS Section 102 of the Municipal Act, R.S.O., Chapter M.45, as amended, permits Councils of municipalities to pass such by-laws and make regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for in the Municipal Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. AND WHEREAS pursuant to an Order dated May 15, 1997 by the Minister of Municipal Affairs and Housing, effective January 1, 1998,the Municipality of Bayham shall be comprised of the former Township of Bayham,the Village of Port Burwell and the Village of Vienna; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to adopt a Procedural By-law to govern its proceedings and to repeal all existing by- laws of the former municipalities. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective January 1, 1998,the Procedural By-law attached hereto as Schedule "A" and forming part of this By-law is hereby adopted as the Procedural By-law for the Council of the Corporation of the Municipality of Bayham. 2. THAT the Procedural By-law may be amended from time to time as directed and deemed necessary by the Council of the Corporation of the Municipality of Bayham. 3. THAT the Procedural By-laws of the former Township of Bayham, Village of Port Burwell and Village of Vienna and any and all amendments thereto be and are hereby rescinded. Read a first and second time this 5th day of January, 1998. Read a third time and finally passed this 5th day of January, 1998. MAYOR LERK INDEX TO COUNCIL PROCEDURAL BY-LAW FOR THE MUNICIPALITY OF BAYIIAM PAGE Short Title 1 Definitions Council Meetings 2 Duties of the Head of Council 4 Absence of Head of Council 5 Quorum 5 Curfew 5 Agenda 5 Minutes 7 Unfinished Business 7 By-laws 7 Motions 8 Voting on Motions 10 Rules of Debate 11 Points of Order and Privilege 12 COUNCIL PROCEDURAL BY-LAW A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL AND COMMITTEES, THE CONDUCT OF ITS MEMBERS AND THE CALLING OF MEETINGS WHEREAS Section 102 of the Municipal Act, R.S.Q. 1990 Chapter M.45, as amended, permits Councils of municipalities to pass such by-laws and make regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for in the Municipal Act and for governing the conduct of its members and the calling of meetings as may be deemed expedient and are not contrary to law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: SHORT TITLE 1 This By-law may be cited as "The Procedural By-law". DEFINITIONS 2. In this by-law (a) "Chief Administrator Officer" means the Chief Administrator Officer (CAO) of the Municipality of Bayham. (b) "Clerk" means the Clerk of the Municipality of Bayham. (c) "Council" means the Council of the Municipality of Bayham. (d) "Head of Council" or "Presiding Officer" means the Mayor or in the Mayor's absence or where the Mayor refuses to act, the member of Council appointed by resolution to act in place of the Head of Council. The member appointed has and may exercise all the rights, powers and authority of the Head of Council. (e) "Recorded Vote" means the recording of the name and vote of every member on Procedural By-law 2 (g) "Litigation Matters" means where public discussion could prejudice the Municipality's legal position or be detrimental to the Municipality in proceedings before, or which have the potential to be before, any Court or administrative tribunal. (h) "Solicitor-Client privilege" means the receiving of advice that is subject to solicitor-client privilege, including communications, both verbal and written, whether given in contemplation of or for use in litigation, necessary for that purpose. (i) "Personal Matters" means information relating to an identifiable individuals race national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or family status, the educational, medical, criminal or employment history. (j) "Proposed or pending property acquisition Matters" means any negotiation surrounding the purchase price where premature public disclosure could cost the public money or be prejudicial to the interest of a property owner or the Municipality when the acquisition or disposal of property is being investigated or negotiated. (k) "Labour relations or employee negotiations" means positions, plans, procedures, criteria or instructions to be implemented during employee negotiations or hiring, disciplinary or termination matters or discussions regarding wage negotiations. 3. (a) The rules and regulations contained in the by-law shall be observed in ail proceedings of the Council and shall be the rules and regulations for the order and dispatch of business in the Council and in the Committees thereof, provided that the rules and regulations contained herein may be suspended by a vote of the Council and in any case for which provision is not made herein the procedure to be followed shall be, as near as may be, that followed in the Legislative Assembly of Ontario and its Committees. (b) In all matters in the proceedings of the Councilor in committee, reference should be made to Roberts Rules of Order as a rule for guidance on the question. (c'\ rr 'y1P r rwrrlax rw-F thk if'r*.n«.ril chr411 o..a4..80.1 aQr.R.4.+ 1,,.. ., .vtrar,.,N:+:, Procedural By-law 3 November and December when the meetings on the first and fifth Thursday shall be 9:00 a.m. unless Council by resolution directs otherwise, in which case a notice shall be posted in the Municipal Office advising of the time and place. 5. The Inaugural Meeting of Council shall take place at 9:00 a.m. on the first Thursday of December following the election. 6. When the day for a regular meeting of Council is a public or civic holiday, the Council shall, unless the Council decides otherwise, meet at the same hour on the next following day which is not a public or civic holiday 7 (a) The Head of Council may, at any time, summon a special meeting of Council. (b) The Clerk shall summon a special meeting of Council upon receipt of a petition of a majority of the Council members for the purpose and at the time and date mentioned in the petition. (c) Forty-eight hours notice of all special meetings of Council shall be given to the members through the Clerk's office. The only business to be dealt with at a special meeting is that which is listed in the notice of the meeting. (d) Notwithstanding the notice requirements set out above, in the event of an emergency, the meeting may be held as soon as practicable following the notice of the calling of the meeting. 8. (a) All Council and Committee meetings shall be open to the public except where Council or a Committee may close to the public all or part of a meeting if the subject matter being considered relates to: (i) The security of the property of the Municipality. (ii) Litigation or potential litigation including matters before administrative tribunals affecting the Municipality. (iii) The receiving of advice that is subject to solicitor-client privilege. ;.A 11:)cre,..o..,Y Procedural By-law 4 (b) Before all or part of a meeting is closed to the public, Council shall state by resolution: (i) the fact of the holding of the closed meeting (ii) the general nature of the matter considered at the closed meeting. (c) Subject to subsection (d), a meeting shall not be closed to the public during the taking of a vote. (d) Subject to Section 7(a) a meeting may be closed to the public during a vote if Section 7(a) permits or requires to be closed to the public and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality. (e) Meetings or sessions which are closed to the public may be referred to as in- camera meetings or sessions. DUTIES OF THE HEAD OF COUNCIL 9. It shall be the duty of the Head of Council, (a) to open the meeting of Council by taking the chair and calling the members to order, (b) to announce the business before the Council in the order in which it is to be acted upon, (c) to receive and submit, in the proper manner all motions presented by the members of Council, (d) to put to vote all questions which are moved and seconded, or necessarily arise in the course of proceedings, and to announce the result by noting whether motions were "Carried", "Carried Unanimously" or "Lost", Procedural By-law 5 {i) to receive all messages and other communications and announce them to the Council, {j) to authenticate, by his signature when necessary, all by-laws, resolutions, and minutes of the Council, (k) to inform the Council, when necessary or when referred to for the purpose on a point of order or usage, (1) to represent and support the Council, declaring its will, and implicitly obeying its decisions in all things, (m) to ensure that the decisions of Council are in conformity with the laws and by- laws governing the activities of the Council, (n) to name the member entitled to speak first when more than one member wishes to address the chair at the same time, (o) to appoint a member of the Council to the chair when the Head desires to leave the chair for the purpose of taking part in the debate or otherwise, (p) to adjourn the meeting without question put in the case of grave disorder arising in the Council Chamber. ABSENCE OF HEAD OF COUNCIL 10. In the case of the absence of the Mayor, the Deputy Mayor shall be appointed and shall preside until the arrival of the Mayor and while so presiding shall have all the powers of the Mayor. In the absence of the Deputy Mayor, the Clerk shall call the meeting to order and request a resolution appointing a member of Council to take the chair and have all the powers of the Mayor. QUORUM 11. If no quorum is present one half hour after the time appointed for a meeting of the Procedural By-law 6 Council. At no time may any business be dealt with after 5:00 p.m. or 11:00 p.m., as the case may be. AGENDA 13. The Clerk shall have prepared and printed for the use of the members at the regular meetings of Council an agenda of business to be considered. Insofar as is practicable, Council agendas, along with supporting material, shall be prepared and made available to members on the Tuesday prior to a regular meeting. 14. Every communication, including a petition designed to be presented to the Council, shall be legibly written or printed and shall not contain any obscene or improper matter or language and shall be signed by at least one person and filed with the Clerk. 15. Every petition or communication shall be delivered to the Clerk by 4:30 p.m. on the Friday prior to the commencement of the regular meeting of Council. 16. The Clerk may read the substance thereof to the Council but any member may require the reading of all communication. 17. Individuals or groups wishing to appear before Council at a regular meeting shall advise the Clerk by 4:30 p.m. on the Friday prior to the regular meeting of Council and the Clerk may make a determination as to deferral of delegations to a subsequent meeting. An individual or group may be heard if Council grants approval by resolution, but shall be limited in speaking to not more than ten (10) minutes except that a delegation consisting of more than three (3) persons shall be limited to two (2) speakers, each limited to speaking, in total, not more than twenty (20) minutes. 18. When it appears that any matter may be conveniently considered in Committee of the Whole, Council may on motion resolve into a Committee of the Whole, and the proceedings taken in Committee, when adopted by Council, shall be deemed to be proceedings of Council. The Mayor may preside in the Committee of the Whole or may designate another member to preside. 19. Any member of Council, at any time prior to the preparation of the agenda, may file in Procedural By-law 7 22. All motions called in pursuance of the agenda and not disposed of shall be placed at the foot of the list of motions unless otherwise decided by Council. MINUTES 23. Accurate minutes of the proceedings of every Council meeting shall be taken by the Clerk who shall record: (a) The place, date and time of meeting, (b) The names of the presiding officer or officers and record of the attendance of the members, (c) The reading, if requested, correction and adoption of the minutes of prior meetings, (d) All other proceedings of the meeting without note or comment. 24. It shall be the duty of the Clerk to ensure that the minutes of the last regular meeting and all special and Standing Committee meetings held more than five (5) days prior to a regular meeting shall be circulated with the next regular Council agenda. UNFINISHED BUSINESS 25. The items listed in the order of the topics set out in the agenda of prior meetings which have not been disposed of by Council and the date of their first appearance on the agenda shall be noted and repeated for 3 subsequent agendas, and unless the item is disposed of by Council, the item shall be removed from the agenda. BY-LAWS 26. No by-law shall be presented to Council unless the subject matter has been considered and approved by Council. 27. Every by-law shall be introduced upon motion by a member specifying the number of the by-law. Procedural By-law $ 31. If Council so determines, a by-law may be taken as read. 32. Upon passage every by-law enacted by the Council it shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the Clerk and the Head of Council and shall be deposited with the Clerk for custody. 33. Any proposed by-law may be referred to a Committee, Department Head or other officer for review and comment, including the solicitor for the corporation. MOTIONS 34. Notices of Motion - If a member of Council wishes to introduce a motion it shall be submitted to the Clerk in writing with the signature of the mover by 4:30 p.m on the Friday prior to the commencement of the regular meeting of Council. 35. When a member's notice of motion has been called from the Chair two successive meetings and not proceeded with, it shall be dropped from the agenda unless Council otherwise decides. 36. If at the third meeting such notice of motion is called from the Chair and not proceeded with, it shall be deemed to have been withdrawn. 37. Dispensing with Notice Any motion may be introduced without notice. 38. Seconding - A motion must be formally seconded before the presiding officer can put forth the question or a motion can be recorded in the minutes. 39. Presentation of Motion by Chairman - When a motion is presented to Council in writing, it shall be read, or if it is a motion which may be presented orally, it shall be stated by the presiding officer before debate. 40. Ultra Vires - A motion in respect of a matter which is beyond the jurisdiction of the Council shall not be in order. 41. Withdrawal - After a motion is read or stated by the Chairman it shall be deemed to be in Procedural By-law 9 allowed to stand retaining its precedence upon the agenda of the routine business of the next regular meeting of the Council. 44. Reference to a Committee - A motion to refer a matter under discussion by the Council to the Committee of the Whole shall preclude all amendments of the main question until it is decided. 45. Amendments (a) Only one amendment can be presented to the main motion at one time and only one sub-amendment can be presented to an amendment at one time, but when a sub-amendment has been disposed of, another may be introduced, and when an amendment has been decided, another may be introduced. (b) The sub-amendment, if any, shall be voted first, then if no other sub-amendment is presented, the amendment shall be voted on next, then if no other amendment is introduced, the motion or motion as amended shall be put to a vote. 46. Motion to Adjourn - A motion to adjourn: shall always be in order except as provided by these rules, - when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by Council, is not in order when a member is speaking or during the verification of a vote, is not in order immediately following the affirmative resolution of a motion for the previous question. 47 Privilege - A motion on a matter of privilege shall receive disposition of Council forthwith upon receipt and, when settled, the question so interrupted shall be resumed from the point where it was suspended. 48. Motion to refer - A motion to refer back a question to Committee with or without instructions may be amended and shall take precedence over any motion to amend the question. 49. Motion to Divide - A motion containing distinct proposals may be divided to be voted on separately by leave of council. Procedural By-law 10 (d) to postpone indefinitely or to a certain day; (e) to move the previous question. 51. The following motions may be introduced without notice and without leave, but such motions shall be in writing and signed: (a) to refer; (b) to adjourn; (c) to amend; (d) to suspend the Rules of Procedure. VOTING ON MOTIONS 52. Questions Stated - Immediately preceding the taking of the vote, the presiding officer may state the question in the form introduced and shall do so if required by a member except when a motion for the previous question has been resolved in the affirmative. He shall state the question in the precise form in which it will be recorded in the minutes. 53. No Interruption after Question - After a question is finally put forth by the presiding officer, no member shall speak to the question nor shall any other motion be made until after the vote is taken and the results have been declared. 54. Division of Question - A separate vote shall be taken upon each proposal contained in question divided by leave of Council. 55. Vote not allowed - A member not present before the result of the division on a question is declared shall not be entitled to vote on that question. 56. Unrecorded Vote - The manner of determining the decision of the Council on a motion shall be at the discretion of the presiding officer and may be by voice, show of hands, standing or otherwise. Procedural By-law 11 59. Any question having an equal number of votes shall be deemed to be lost. 60. Every member of the Council shall vote on all questions, unless such member has indicated a conflict under the Municipal Conflict of Interest Act. Any failure or refusal by a member of the Council to vote shall be taken as a vote in the negative. 61. Every member prior to speaking to any question or motion shall address the presiding officer. 62. When the presiding officer calls for the vote on a question, each member shall occupy his seat and shall remain in his place until the result of the vote has been declared by the presiding officer, and during such time no member shall walk across the room to speak to any other member or make any noise or disturbance. RULES OF DEBATE 63. When a member is speaking, no other member shall pass between him and the Chair or interrupt him except to raise a point of order. 64. Any member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a member while speaking. 65. No member shall speak more than once to the same question without leave of the Council, except that a reply shall be allowed to be made only by a member of the Council who has presented the motion to the Council, but not by any member who has moved an amendment or a procedural motion. 66. No member, without leave of the Council, shall speak to the same question, or in reply, for longer than ten minutes. 67. A member may ask a question only for the purpose of obtaining information relating to the matter under discussion and such question must be stated concisely and asked only of the previous speaker. 68. Notwithstanding Clause 67, when a member has been recognized as the next speaker, then immediately before speaking such member may ask a question of the presiding Procedural By-law 12 POINTS OF ORDER AND PRIVILEGE 70. The presiding officer shall preserve order and decide questions of order. 71. The Council, if appealed to, shall decide the question without debate and its decision shall be final. 72. No member shall: (a) use offensive words or unparliamentary language in or against the Council or against any member; (b) speak on any subject other than the subject in debate; (c) criticize any decision of the Council except for the purpose of moving that the question be reconsidered; (d) disobey the rules of the Council or a decision of the presiding officer or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. and in case a member persists in any such disobedience after having been called to order by the presiding officer, the presiding officer may forthwith put the question with no amendment, adjournment or debate allowed, "that such member be ordered to leave his seat for the duration of the meeting of the Council" but if the member apologizes he may, by vote of the Council, be permitted to retake his seat. 73. No person except members and officers of the Council shall be allowed to come within the bar during the sittings of the Council without permission of the presiding officer or the Council upon reference. 74. When the Chair is putting the question no member shall leave or make a disturbance. COMMITTEE OF THE WHOLE 75. The presiding officer may appoint another member of the Committee to act as Committee Procedural By-law 13 78. The number of times of speaking on any question shall not be limited unless a member moves that the vote be now taken. 79. No member shall speak more than once except to make an explanation until every member who desires to speak shall have spoken. 80. If a member disobeys the rules of the Council or the decision of the Committee Chairman on questions of order or practice, or upon interpretation of the rules of the Council and persists in such disobedience after having been called to order by the Committee Chairman, the Committee Chairman shall forthwith suspend the proceedings of the Committee and report the circumstances to the Council, and the presiding officer shall forthwith put the question with no amendment, adjournment or debate being allowed, "That such member be ordered to leave his seat for the duration of the meeting of the Council", but if the member apologizes, he may by vote of the Council, be permitted to retake his seat. 81. Council must rise and report in order to adopt any proceedings taken while in Committee of the Whole. COMIVIITTEES 82. There may be Standing Committees of Council which may be established by the Council. 83. In addition to the Standing Committees, Council may appoint Council members to various Boards and Committees. 84. The Mayor shall appoint the Chairman of the Standing Committees. 85. In the event of a vacancy occurring in the office of a member of the Standing Committee during any term, the Mayor shall appoint a substitute member to such Committee for the remainder of the term. 86. In addition to the duties imposed or which may be specially referred to a Standing Committee or Committee of the Whole, their duties shall be to review all matters referred to the Committee by Council and to advise or recommend to Council the action taken. Procedural By-law 14 b) no member shall speak more than once to an item of business until every member who desires to speak has spoken, c) at the request of any member of the Committee present, any item on the agenda of the meeting may be re-opened upon a majority vote of the members present, d) the vote of any particular item shall not be recorded but that on request, a member may be recorded as being opposed, e) if a member disregards the rules of the Council or decision of the Chairman of the Standing Committee on questions of order or practice or upon the interpretation of the rules of the Council and persists in such conduct, after having been called to order by the said Chairman, the Chairman shall forthwith put the question with no amendment, adjournment or debate, "that such member be ordered to leave his seat for the duration of the Committee meeting." If following such vote by the Committee the member apologizes, he may, by a further vote of the Committee be permitted to retake his seat. SUSPENSION OF RULES 89. Any procedure required by this by-law may be suspended with consent of a majority of the members of Council present. 90. No amendment or repeal of this by-law or any part thereof shall be considered at any meeting of the Council unless notice of proposed amendments or repeal has been given at a previous regular meeting of the Council and the waiving of this notice by the Council is prohibited. 91. This by-law shall become effective upon the date of enactment. 92. Where any by-law passed prior to this by-law conflicts with this by-law, the terms of this by-law shall prevail. 93. Procedural By-Laws of the former Municipalities of the Corporation of the Township of Bayham; the Corporation of the Village of Port Burwell; and the Corporation of the Village of Vienna; and amendments thereto, are hereby rescinded.