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By-law No. 2002-093 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2002-93 BEING A BY-LAW TO ADOPT A COUNCIL PROCEDURAL BY-LAW WHEREAS 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 the Council of the Municipality of Bayham on the 5th day of January 1998 adopted Procedural By-law 98-02; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to adopt a new Procedural By-law to govern its proceedings and to repeal existing By-law 98-02; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage 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 THAT Procedural By-law 98-02 and any and all amendments thereto be and are hereby repealed. READ A FIRST, ASECOND AND THIRD TIME AND FINALLY PASSED THIS 19'1 DAY OF DECEMBER 2002. MAYOR CLERK Schedule A to Procedural By-law 2002-93 1 INDEX TO COUNCIL PROCEDURAL BY-LAW FOR THE MUNICIPALITY OF BAYHAM PAGE Short Title 2 Definitions 2 Council Meetings 3 Duties of the Head of Council 5 Absence of Head of Council 6 Quorum 6 Curfew 6 Agenda 6 Minutes 7 Unfinished Business 7 By-laws 8 Motions 8 Voting on Motions 10 Rules of Debate 11 Points of Order and Privilege 12 Committee of the Whole 12 Committees 13 Suspension of Rules 14 Schedule A to Procedural By-law 2002-93 2 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.O. 1990 Chapter M. 45, as amended, permits Council 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 Administrator 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 Deputy Mayor or 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 any matter or question. (t) "Security of the property of the Municipality" means information which disclosure could reasonably be expected to prejudice the economic interests or the competitive position of the Municipality or which disclosure could reasonably be expected to be injurious to the financial interests of the Municipality or information including the proposed plans, policies or projects where the disclosure could reasonably be expected to result in premature disclosure of a pending policy decision or undue financial benefit or loss to a person. Schedule A to Procedural By-law 2002-93 3 (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. (1) "Personnel Matters" means information relating to an identifiable individual's race nationality or ethnic origin, colour, religion, age, sex, sexual orientation, marital or family status, and 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 all proceedings of the Council and shall be the rules and regulations for the order and dispatch or 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 Council or in committee, reference should be had to Roberts Rules of Order as a rule for guidance on the question. (c) No standing rule of order of this Council shall be suspended except by a majority vote of Council. COUNCIL MEETINGS 4. The regular meetings of Council shall be held at the Council Chambers on the first, third and, at the discretion of Council, the fifth Thursday of each month. All meetings shall commence at 7:00 p.m. unless Council, by resolution, directs otherwise. 5. The Inaugural Meeting of Council shall take place at 9:00 a.m. on the first Thursday of December following the election." Schedule A to Procedural By-law 2002-93 4 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. (iv) Personal matters relating to an identifiable individual. (v) Proposed or pending property sale or acquisition matters. (vi) Labour relations or employee negotiations. (vii) Consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act, if Council is designated as Head of the institution for the purposes of the Act. (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 Schedule A to Procedural By-law 2002-93 5 (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", (e) to decline to put to vote motions which infringe the rules or procedure, (t) to restrain the members, within the rules of order, when engaged in debate, (g) to enforce on all occasions the observance of order and decorum among the members, (h) to call by name any member persisting in breach of the rules of order of the Council, thereby ordering him/her to vacate the Council Chamber, (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, Schedule A to Procedural By-law 2002-93 6 (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 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 Council, the Clerk shall record the names of the members present and the meeting shall stand adjourned until the date of the next regular meeting; or at the call of the Mayor with no less than 48 hours notice. CURFEW 12. No item of business may be dealt with at a regular Council meeting after 10:30 p.m. but business may be continued until 11:00 p.m. upon passage of a resolution by Council. At no time may any business be dealt with after 11:00 p.m. 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. Schedule A to Procedural By-law 2002-93 7 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 writing an item for inclusion in the agenda under other business. 20. The business of the Council shall in all cases be taken up in the order in which it stands upon the agenda unless otherwise decided by the Council. 21. An item of business not listed on the Council agenda cannot be introduced at a Council meeting without the approval of Council expressed by motion. 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 meeting of Council. 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 Schedule A to Procedural By-law 2002-93 8 shall be noted and repeated for three (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. 28. Every by-law when introduced shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act and shall be complete with the exception of the number and date thereof. 29. Every by-law shall have three readings prior to it being passed. 30. The first and second reading of a by-law shall be decided without amendment or debate. 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 be recorded in the minutes. Schedule A to Procedural By-law 2002-93 9 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 that 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 possession of the Council but may, with the permission of the mover and seconder, be withdrawn at any time before decision or amendment. 42. Priority of Disposition - A motion properly before the Council for decision must receive disposition before any other motion can be received, except motions in respect of matters listed in Clauses 50 and 51. 43. Procedure Next Meeting - A motion called in the order in which it stands upon the agenda of the routine business of a meeting and which is not decided by Council shall be allowed to stand retaining its precedence upon the agenda of the routine of 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 as 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 it 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. Schedule A to Procedural By-law 2002-93 10 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. 50. The following matters and motions with respect thereto may be introduced orally without written notice and without leave, except as otherwise provided by these Rules of Procedures: (a) to point of order or personal privilege; (b) presentations of petitions; (c) to lay on the table; (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. 57 Recorded Vote - In cases required by law, and when a member present requests a recorded vote, all members present at the Council or Committee meeting must vote unless otherwise prohibited by statute. The names of those who voted for and others who voted against shall be noted in the minutes. A request for a recorded vote can only be made Schedule A to Procedural By-law 2002-93 11 before or immediately after an unrecorded vote is taken. The Clerk shall poll all members in alphabetical order and duly record the names and the vote cast. The Clerk shall announce the results. 58. The Mayor and other presiding officer may vote on all questions arising in Council. 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 arise 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 officer or an official of the Municipality on the matter under discussion but only for the purpose of obtaining information, following which the member shall speak. 69. In all unprovided cases in the proceedings of the Council or in the Committee of the Whole, the matter shall be decided by the presiding officer, subject to an appeal to the Council upon a point of order. Schedule A to Procedural By-law 2002-93 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 Chairman while he is speaking to a question or while he is temporarily absent from the meeting. 76. The Committee Chairman shall maintain order in the Committee and report the proceedings to the Council. 77. The rules governing the procedure of the Council and the conduct of members in Council shall be observed in Committee so far as they are applicable. 78. The number of times of speaking on any question shall not be limited unless a member moves that the vote be now taken. Schedule A to Procedural By-law 2002-93 13 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 is 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. COMMITTEES 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. In the event of a vacancy occurring in the office of a member of the Standing committee during any term, the Council shall appoint a substitute member to such Committee for the remainder of the term. 85 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. 86. The Clerk shall be the Secretary of the Committee of the Whole and Council shall designate a Secretary for Standing Committees as required. 87. The rules governing the procedures of the Council and the conduct of members of Council shall be observed in a meeting of a Standing Committee insofar as they are applicable, provided that: a) the number of times a member may speak on any question shall not be limited, 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, Schedule A to Procedural By-law 2002-93 14 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 88. Any procedure required by this by-law may be suspended with consent of a majority of the member of Council present. 89. Notice of an amendment to the procedural by-law shall be included in a report and the printing of this item on the Council and/or Committee Agenda, with the notation "Amendment to the procedural by-law", shall constitute sufficient notice. 90. This by-law shall become effective upon the date of enactment. 91. Where any by-law passed prior to this by-law conflicts with this by-law, the terms of this by-law shall prevail.