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HomeMy WebLinkAbout02 182 procedural by-law - - e e TIlE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE AMENDED/aEh:ALCD BY BYlAW NO. ,;}oo4-- 18' ï DATEn~"'~ D.ðA ) I~, ;}o"Of- BY-LAW NO. 2002 -182 BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE COUNCIL, ITS COMMITTEES AND LOCAL BOARDS AND THE CONDUCT OF MEMBERS WHEREAS pursuant to section 55 of the Municipal Act, R.S.O. 1990 Chapter MA5, as amended. every Council and Local Board shall adopt a Procedure By-law to govem the calling, place and proceedings of meetings; AND WHEREAS Section 238 of the Municipal Act. 2001 SO 2001, c25 requires that every Council and Local Board shall adopt a procedural by-law for goveming the calling, place and procedure of meetings; AND WHEREAS the Municipal Act,. 2001 SO 2001, c25 comes into effect on January 1S\ 2003 AND WHEREAS it is deemed expedient to adopt by by-law rules governing order and procedure of the Council of the Municipality of Kincardine; NOW THEREFORE the Council of The Municipality of Kincardine ENACTS Rules of Procedure attached as Schedule 'A' to this by-law. That By-Law No. 2000-15, as amended, and any other bylaw in consistent with the provision of this by-law be hereby rescinded. That this by-law shall come into full force and effect on it's date of passage. That this By-law may be cited as the "Municipality of Kincardine Procedural By-law' . READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED this 18th day of December, 2002. /----~ Clerk MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 SCHEDULE 'A' 2 TABLE OF CONTENTS SECTION "A" COUNCIL Subsection Title Paqe A1 DEFINITIONS 4 A2 GENERAL 4-6 A3 QUORUM 6 A4 INAUGURAL MEETING 6 A5 REGULAR MEETINGS 6 A6 ABSENTEEISM AND LEAVE OF ABSENCES 7 A7 NOTICE OF REGULAR MEETINGS AND AGENDA 7 A8 SPECIAL MEETINGS 7 A9 COMMENCEMENT OF MEETINGS 7 A10 ORDER OF BUSINESS - REGULAR COUNCIL MEETINGS 8 A11 ORDER OF BUSINESS - SPECIAL COUNCIL MEETINGS 8 A12 COMMUNICATIONS AND PETITIONS TO COUNCIL 8-9 A13 DELEGATIONS 9 A14 TIME 9 A15 RULES OF DEBATE AND CONDUCT 9-10 A16 QUESTIONS OF PRIVILEGE AND POINTS OF ORDER 10 A17 MOTIONS AND ORDER OF PUTTING QUESTIONS 10-11 A18 VOTING 11-13 A19 CLOSED SESSION 13 A20 BY-LAWS 13-14 A21 PARLIAMENTARY PROCEDURE 14 A22 GENERAL ENQUIRIES 14 A23 ADJOURNMENT 14 A24 SUSPENSION AND AMENDMENT OF RULES 15 A25 RULES SHALL APPLY TO COMMITTEES AND BOARDS 15 A26 COUNCIL MINUTES 15 A27 OPEN MEETINGS 15 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 3 SCHEDULE 'A' TABLE OF CONTENTS SECTION "B" COMMITTEE OF THE WHOLE Subsection Title Paqe B1 CONSTITUTION 16 B2 ORDER OF BUSINESS - COMMITTEE OF THE WHOLE 16 MEETINGS B3 AREAS OF POLICY 17 B4 RULES OF PROCEDURE 18 B5 ASSIGNMENT OF COUNCILLORS TO POLICY AREAS 18 B6 DUTIES AND RESPONSIBILITIES OF COUNCILLORS OF 18 POLICY AREAS SECTION "C" COMMITTEES AND BOARDS C1 NOTICE OF MEETINGS 20 C2 QUORUM 20 C3 MAYOR: EX-OFFICIO MEMBER 20 C4 COUNCILLORS MAY BE APPOINTED IN ABSENTIA 20 C5 APPOINTMENTS TO AUTHORITIES, COMMITTEES 20-21 AND BOARDS C6 APPOINTMENTS REQUIRED TO BE MADE BY 22 COUNCIL C7 APPOINTED COMMITTEES TO NAME CHAIR 22 C8 APPOINTMENT OF A SECRETARY 23 C9 REMUNERATION 23 C10 DURATION OF APPOINTMENTS 23 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 SCHEDULE 'A' 4 SECTION "A" A1 DEFINITIONS A 1.1 "Mayor" of the Municipality is the head of Council and the chief executive officer of the Municipality of Kincardine. A1.2 "Deputy Mayor" means the Council member, other than the Mayor who was elected as Deputy Mayor at the last preceding election. A.1.3 "Council" means the Municipal Council of The Municipality of Kincardine. A 1.4 "Member" means a member of the Councilor a Committee, as the case may be. A1.5 "CAO" means the Chief Administrative Officer of The Municipality of Kincardine. A1.6 "Clerk" means the Clerk of The Municipality of Kincardine A1.7 "Committee" means a group of citizens appointed by Council in an advisory capacity. A1.8 "Standing Committee" shall mean a committee appointed to review and report on an area of ongoing interest to the Municipality and that continues to do so on an indefinite basis. A1.9 "Ad Hoc Committee" means a committee appointed to review and report on a specific issue; once the report is delivered, the Ad Hoc Committee is automatically dissolved. A1.10 "Local Board" means a local board as defined in the Municipal Affairs Act, except municipal police services boards, library boards and school boards. A 1.11 "Chair" means the person presiding at a meeting, other than a Council meeting. A1.12 "Meeting" means any regular, special, committee or other meeting of a councilor local board. A 1.13 "Closed Meeting" means a meeting or part of a meeting may be closed to the public if the subject matter being considered is more clearly defined in Section A 19 (1) of this by-law. A 1.14 "Confidential" means those items discussed in closed session and more clearly denoted in Section A 19.1. A1.15 "Recorded Vote" means where a vote is taken for any purpose and a member of Council requests immediately prior to or immediately subsequent to the taking of the vote that the vote be recorded, each member, present except a member who is disqualified from voting by any Act shall announce his/her vote openly and any failure to vote by a member who is not disqualified shall be deemed to be a negative vote and the Clerk shall record each vote. A 1.16 "Municipality" shall mean The Corporation of the Municipality of Kincardine. A2 GENERAL A2.1 Role of the Mavor A2.1.1 To act as Chief Executive Officer for the Municipality A2.1.2 To preside over Council Meetings A2.1.3 To provide leadership to the Council A2.1.4 To represent the Municipality at official functions A2.1.5 To act as Council's representative when dealing with other levels of government, their agencies and the private sector A2.1.6 To act as the Municipality's representative on County Council A2 A2.1 A2.1.7 A2.1.8 A2.2 A2.2.1 A2.2.2 A2.2.3 A2.2.4 A2.2.5 A2.2.6 A2.2.7 A2.3 A2.3.1 A2.3.2 A2.3.3 A2.3.4 A2.3.5 A2.3.6 A2.4 A2.4.1 A2.4.2 A2.5 A2.5.1 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 SCHEDULE 'A' 5 GENERAL Role of the Mavor (Con't) To carry out the duties of the Head of Council under the Municipal Act or any other Act To act as an ex officio member of all committees or other body established or appointed by Council (the Mayor may vote and otherwise participate, unless prohibited by law, in the business of the committee of other body on the same basis as any other committee member Role of Council To represent the public and to consider the well being and interests of the municipality To develop and evaluate policies and programs of the Municipality Subject to legislative restrictions, develop regulations to be adopted by by-laws and resolutions for the overall benefit of the community To determine which service the Municipality provides in accordance with applicable legislation To ensure that administrative practices and procedures are in place to implement the decisions of Council To maintain the financial integrity of the Municipality To carry out the duties of council under the Municipal Act and any other Act Role of Clerk Record without note or comment, all resolutions, decisions and other proceedings of the Council If required by any member present at a vote, to record the name and vote of every member voting on any manner or question To keep the originals or copies of all by-law and of all minutes of the proceedings of the Council To make such minor clerical, typographical or grammatical corrections in form to any by-law, motion or resolution and/or minutes as they may be required for the purpose of ensuring correct and complete implementation of the actions of Council To perform any other duties required under this Act or under any other Act To perform such other duties as are assigned by the Municipality Role of Chief Administrative Officer (CAO) Exercise general control and management of the affairs of the Municipality for the purpose of ensuring the efficient and effective operation of the Municipality To perform such other duties as are assigned by the Municipality. BudQet Public Notice (a) Before adopting all or part of a budget under Section 291 or amending such a budget, Council shall give seven business days public notice of its intention to adopt or amend the budget at a Council Meeting specified in the notice. (b) In the event the budget is not adopted or amended in the Council meeting specified in the notice noted in clause A2.5.2 but consideration of the matter is deferred, no further notice is required if a public statement is made at the meeting. (c) The clerk shall cause such notice to be published in the local news media and on the Municipal Web Page MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 SCHEDULE 'A' 6 A2.5 Budget Public Notice (Can't) A2.5.2 In the event the budget is not adopted or amended in the Council meeting specified in the notice noted in clause A2.5.1 but consideration of the matter is deferred, no further notice is required if a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to adopt or amend the budget at a later Council meeting specified in the public statement. A3 QUORUM A3.1 A majority of the whole number of members required to constitute the Council shall be necessary to form a quorum. Subsection (1) of section 56 of the Municipal Act R.S.O. 1990 c. M45. A3.2 If the number of members, who by reason of the Conflict of Interest Act are prohibited from participating in a meeting, is such that there is no quorum, despite any other Act, any number that is not less than one-third of the total number of members of the council, committee or board shall be deemed to constitute a quorum, but the number shall not be less than two. A3.3 Unless a quorum is present within thirty (30) minutes after the time appointed for the meeting of the Council, the Council shall stand adjourned either until a special meeting is called to deal with the matters intended to be dealt with at the adjourned meeting, or until the convening of the next regular scheduled meeting of the Council. A4 INAUGURAL MEETING A4.1 Subject to Article A4.2 hereof, the inaugural meeting of a new Council shall be held on the first Wednesday in December at 7:00 p. m. in the Municipal Council Chambers. In the event it is necessary to cancel the scheduled inaugural meeting, the Mayor-Elect shall decide upon the next suitable date and time for the Inaugural Meeting of Council to be held. A4.2 The inaugural meeting shall be conducted pursuant to the pertinent provisions of Part IV Section 49 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended. A4.3 The inaugural meeting of the new Council shall be opened with a prayer, the officiating clergyman to be selected by the Mayor-Elect. A5 REGULAR MEETINGS A5.1 Except as may be determined under Clause A8.4 hereof, all regular meetings of Council shall be convened in the Council Chambers on the First (1st) and third (3rd) Wednesdays of every month at seven-thirty o'clock in the afternoon (7:30 p.m.). A5.2 Where such Wednesday is a holiday within the meaning of the Interpretation Act, the Council shall meet on the business day next following the regular day of the meeting and at the same time as specified in Article A5.1 above. A5.3 Notwithstanding the provisions of Articles A5.1 and A5.2 of this subsection, where the regular meeting of the Council falls on a day which has been designated as nomination day or election day for the holding of municipal elections, the regular council meeting shall be held on the business day next following. A5.4 Regular Meetings of Council shall not extend beyond the hour of ten-thirty o'clock in the afternoon (10:30 p.m.) unless otherwise determined by a vote of the majority of the members present. A5.5 Council may, by by-law, change the regularly scheduled meeting day provided that notice of the change is published in the local press in advance. A5 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 SCHEDULE 'A' REGULAR MEETINGS (Cont'd) 7 A5.6 That Council, at its first regular Council Meeting in May of each year, consider whether or not to adopt a summer schedule of meetings and hold only one regular Council Meeting during the month of July. A6 ABSENTEEISM AND LEAVE OF ABSENCE A6.1 No member shall be absent from any regular council meeting without endeavouring to provide substantive notice of such absence to the head of Council at least forty-eight (48) hours prior to the commencement of the meeting from which the member shall be absent. A6.2 Where a member is absent from six (6) consecutive regular meetings of the council without being authorized to do so by a resolution of Council entered upon its minutes, that member's seat shall be declared to be vacant and procedures as set out in Section 45 and/or 46 of the Municipal Act, RS.O. 1990, Chapter M.45 as amended, shall apply. A7 NOTICE OF REGULAR MEETINGS AND AGENDA A7.1 Notice shall not be required to be given of regular meetings of the Council unless the day of the meeting is other than that provided in this by-law. The mailing out or delivery of agendas therefore shall be considered as adequate notice of such regular meetings. A7.2 The Clerk will endeavour to ensure that agendas are delivered to each member of Council not later than forty-eight (48) hours prior to a regular meeting of Council A7.3 A copy of the agenda for any Council/Committee of the Whole meeting will be available to members of the news media or the public at the time the meeting commences. A7.4 The Council may, by resolution, provide that regular meetings may be held at a place other than in the Council Chambers. A8 SPECIAL MEETINGS A8.1 The Mayor or in the absence of the Mayor, the Deputy Mayor, may at any time summon a special meeting or upon receipt of a petition of the majority of the members of the Council, the Clerk shall summon a special meeting for the purpose and at the time mentioned in the petition. A8.2 At least seventy-two (72) hours previous notice of all special council meetings shall be given by the Clerk. Such notice shall be hand delivered, transmitted by facsimile or via E-mail, or telephone, to the members of the Council. A8.3 At special meetings of the Council, it shall not be competent to consider or decide upon any matter unless such matter has been listed in the notice calling the meeting. A8.4 The Council may, by resolution, provide that special meetings may be held at a place other than in the Council Chambers. A8.5 Special meetings of committees and boards may be called by the Chair if it is considered necessary to do so, and by the Clerk whenever requested in writing to do so by a majority of the members composing such committees. A8.6 Notwithstanding the provisions of Article A8.2 hereof, in the event of a bonifide emergency a meeting may be held as soon as practicable following receipt of the summons or petition, as the case may be, and notice may be given by telephone, personal contact or e-mail as determined by the Clerk. A9 COMMENCEMENT OF MEETINGS A9.1 Subject to Section A3 hereof, as soon after the hour of meeting as there shall be a quorum present, the Mayor shall take the chair and call the members present to order. A9.2 A10 A10.1 A10.2 A11 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 SCHEDULE 'A' 8 Upon the absence of the Mayor, and the Deputy Mayor, the Council may from amongst the members present, appoint a presiding officer, who, during such absence shall have all the powers which the Mayor would have had. ORDER OF BUSINESS - REGULAR COUNCIL MEETINGS The order of business of REGULAR MEETINGS of the Council shall be: (a) Call to order (b) Roll Call (c) Move into Closed Session if required (d) Arise from Closed Session (e) Additions or Deletions from the Agenda (f) Disclosures of Pecuniary Interest (g) Adoption of Minutes of Regular and Special Meetings of Council (h) Presentations and Petitions (i) Communications (j) Reports (k) Motions and Notice of Motions (I) Approval of Accounts (m)Consideration of By-laws (n) Committee of the Whole (0) Matters Arising from Committee of the Whole (p) Members of Council General Enquiries (q) Confirmatory By-law (r) Scheduling of Meetings (s) Adjournment The Business shall in all cases be taken up in the order in which it stands upon the agenda, unless otherwise determined upon a vote of the majority of the members present, and all questions relating to the priority of business shall be decided without debate. ORDER OF BUSINESS - SPECIAL COUNCIL MEETINGS The order of business for SPECIAL MEETINGS of Council shall be: (a) Call to Order (b) Roll Call (c) Declarations of Pecuniary Interest (d) Business for which the special meeting is called (e) Adjournment A 11.1 The Business shall in all cases be taken up in the order in which it stands upon the agenda, unless otherwise determined upon a vote of the majority of the members present, and all questions relating to the priority of business shall be decided without debate. A12 COMMUNICATIONS AND PETITIONS TO COUNCIL A 12.1 Every communication or petition intended for presentation to the Council must be legibly written, typed or printed and signed by at least one (1) person. The Clerk shall list with the agenda only those communications and petitions received prior to one o'clock in the afternoon (1 :00 p.m.) on the Thursday preceding the regular Council meeting. All communications or petitions received after one o'clock in the afternoon (1 :00 p.m.) on the Thursday preceding the day of the Council meetings shall be held over for subsequent consideration by the Councilor appropriate committee, board or commission. Correspondence containing obscene or defamatory language shall not be presented to the Council. A12.2 A13 A13.1 A13.2 A13.3 A13.4 A13.5 A14 A14.1 A15 A15.1 A15.2 A15.3 A15.4 A15.5 A15.6 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 SCHEDULE 'A' 9 All communications or petitions within the cognizance of a committee, board or commission shall, upon presentation to Council be referred to the proper board, committee or commission. No debate shall be allowed on the presentation of any communication or petition, however, certain instructions may be given by Council. If the petition or communication complains of some present, personal grievance requiring an immediate remedy, the matter may be brought into immediate discussion and disposed of forthwith. The Clerk shall refer any correspondence received after the Council meeting to the committee, board or commission having cognizance thereof and this shall be noted on the agenda. Notwithstanding anything in section A 12 herein, the Mayor and/or Clerk may in matters of urgency or where in their judgement the public interest requires dispatch: refer any communication or petition to the proper committee, board or commission without such communication or petition having been first presented to the Council on the agenda and referred to committee there from. DELEGATIONS Unless otherwise determined by Council all delegations shall be heard by Council in Committee of the Whole Any person desiring to be heard as a delegation to Council in Committee of the Whole shall submit a request to the Clerk not later than one o'clock in the afternoon (1 :00 p.m.) on the Thursday of the week preceding the day of the meeting and such a request shall clearly state the nature of the business to be discussed. Where possible a written submission should be provided. Persons addressing Council in Committee of the Whole shall confine their remarks to the business stated in their request to be heard and shall present same in a respectful and temperate manner. Council in Committee of the Whole may at its discretion, expressed by resolution adopted by a majority vote of its members present, hear any person. Persons addressing the Committee of the Whole shall be limited to a maximum of five (5) minutes at a regular meeting and up to ten (10) minutes at a Committee of the Whole Project Meeting. TIME Time, in this by-law should be governed by Eastern Standard Time except that daylight saving time shall govern when in effect. RULES OF DEBATE AND CONDUCT The Mayor shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the Council Every member, previous to speaking on any question or motion, shall indicate the wish to speak by raising their hand and when so recognized shall address the Mayor. When a motion is presented, it shall be read by the Mayor or the Clerk, before debating. When two or more members simultaneously indicate a wish to speak, the Mayor shall name the Member to be recognized. When a member is speaking, no other member shall hold discourse which may interrupt or pass between the speaker and the chair. Any member may request the question or motion under discussion to be read at any time during the debate, but may not interrupt a member speaking in order to make such a request. No member shall speak twice to a question without leave of the Council and shall not speak a second time to the question where another member wishes the floor who has not spoken the first time to the question, except in explanation of a material part of their speech which may have been misunderstood. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 10 SCHEDULE 'A' A 15.7 No member shall speak to the same question or in reply for longer than five (5) minutes. A15.8 No member shall speak disrespectfully, or use abusive or unparliamentary words of expressions in Council. No member shall speak beside the question in debate. No member shall criticize any vote of the Council, except for the purpose of moving that such vote be reconsidered. No person shall breach the rules of the Council, the decision of the Mayor or of the Council, on questions or order of procedure. A15.9 In case any member shall breach such rules, the member may be ordered by the Mayor, to refrain from any further comment. In the event such member continues to commit a breach of protocol he/she will be asked to leave their seat for that meeting. No member shall be permitted to retake their seat at any meeting after being ordered by the Mayor to vacate for committing a breach of any rule or order of the Council, without making an apology and receiving the consent of Council, expressed by a majority of the members present determined without debate. A 15.10 The Mayor may with the consent of Council, leave the chair for the purpose of taking part in a debate or otherwise. The Mayor shall first appoint one member of Council, who has not spoken to the question, to take the chair until the Mayor resumes the chair, after the question has been decided. A16 QUESTIONS OF PRIVILEGE AND POINTS OF ORDER A 16.1 Whenever any point, privilege, order or matter of urgency arises, it shall be immediately taken into consideration. A 16.2 When the Mayor is called on to decide a point of order of procedure the point shall be stated without necessary comment, and the Mayor or presiding officer shall state the rule or authority applicable. A 16.3 When a point of order is raised, or when a member is called to order from the chair, the Mayor shall then decide the point of order. The member may be permitted to explain. The decision of the Mayor shall be final, unless an appeal is made to the Council, in which case the question: "Shall the ruling of the chair be sustained?", shall be determined without debate by vote. A 16.4 Whenever the Mayor is of the opinion that any motion offered to the Council is contrary to the rules of the Council, he shall advise the members thereof immediately and quote the rule or authorities applicable. Argument or comment shall not be permitted. A16.5 Where a member considers that his or her integrity or the integrity of the Council has been impugned, the member may as a matter of personal privilege, rise at any time for the purpose of drawing the Mayor's attention to the matter. A17 MOTIONS AND ORDER OF PUTTING QUESTIONS A 17.1 Notice shall be given of all motions for introducing new matter, other than a point of order or a matter of urgency, and no motion shall be discussed unless such notice has been given at the last regular meeting of the Council, or is filed with the Clerk by 1 :00 p.m. on the Thursday preceding the date of the meeting at which the motion is to be introduced; and, the motion shall be printed in full in the agenda for that meeting of the Council and for each successive meeting of Council, until the motion is considered or otherwise disposed. The motion shall be submitted to the Clerk in writing and shall be complete and correct. A 17.2 Any motion may be introduced without notice with the approval of the majority of Council. A17.3 Every motion or resolution shall be in writing and when duly moved and seconded and stated by the Mayor or Clerk, shall be open for consideration. A17.4 After a motion is moved, seconded and read aloud it shall be deemed to be in possession of the Council, but may with the permission of the Council be withdrawn at the joint request of the mover and seconder at any time before decision or amendment. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 11 SCHEDULE 'A' A17.5 Save as otherwise provided, all amendments to motions: (a) Shall be in writing and seconded (b) Shall be decided upon or withdrawn before the main question is put (c) Only one amendment shall be allowed to an amendment and any amendment more than one must be to the main question (d) Shall be relevant to the question (e) Shall not be received proposing a direct negative to the question (f) May propose a separate and distinct disposition of a question (g) Shall be put in reverse order to that in which it is moved A17.6 A motion for reference, until it is decided, shall preclude all amendment of the main question. If the motion for reference is carried, the main motion and any amendments thereto shall be deemed to be withdrawn. A17.7 When a question is under debate, no motion shall be received except for the following purposes and according to the listed priorities namely: · (a) To extend the hour of automatic adjournment. · (b) To adjourn . · (c) The main question. · (d) To lay on the table (indefinite postponement). (e) To postpone to a definite date (f) To commit (refer to a committee). (g) To amend. · Not debatable A17.8 At the request of any member present, the Mayor or Chair shall ask: "Shall the main question be voted upon?", and with majority vote of the members present that question shall then be voted upon and it shall preclude all amendments or further debate on the main question A 17.9 In making appointments to office, when there are more than two (2) applicants or nominees, the motion shall be put so that each may be voted for; the persons receiving the lowest number of votes falling out in succession. A17.10 It shall be the duty of the Mayor or the Clerk, or any member of the Council, whenever it shall be conceived that a motion received and read, may be contrary (ultra vires) to the Municipal by-laws, Provincial or Federal Statutes to apprise the Council thereof, stating the rules, by-laws or statutes which are applicable to the case. A 17.11 A motion for the Mayor to leave the chair shall be in order if Council determines that the Mayor is acting in contravention to Section A 15 - Rules of Debate and Conduct. The Council may then appoint a substitute and resume the interrupted business. A.17.12 Incidental motions in respect of a matter of special privilege, suspension of rules of procedure, adjournment, postponement of the previous question or commitment may be made verbally A18 VOTING A 18.1 Every member present, when a question is put, shall vote thereon unless the member has a pecuniary interest, direct or indirect. When a member has such interest in the question under debate, he shall so advise the Council in accordance with the provisions of the Municipal Conflict of Interest Act. The member shall, in instances where the Council is meeting in a closed session, vacate his chair and the meeting room until the question is decided, and the Clerk shall duly record the circumstances in the minutes. If any member present persists in refusing to vote except for reasons of such interest, they shall be recorded as voting in the negative on the question before Council. A 18.2 Unless disqualified, the Mayor may vote with the other members on all questions. A18 A18.3 A18.4 A18.5 A18.6 A18.7 A18.8 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 12 SCHEDULE 'A' VOTING (Cont'd) The Mayor shall vote with the other members when the majority present request that the Mayor do so and shall vote in all cases where it is necessary to break a tie. Any question on which there is an equality of votes shall be deemed to be negative. In cases required by law, and when any member calls for a recorded vote the surnames of those who vote for and those who vote against the question shall be entered in the minutes each member voting for the question shall say "YES" and each member voting against the question shall say "NO". When recording the "YES" votes and the "NO" votes the clerk shall call the names of the members in their alphabetical order. The Mayor's name or in his absence the Deputy Mayor's name shall be called last. Before the results of the vote is announced by the Mayor, the Clerk shall, read the vote so taken. When the question under consideration contains separate and distinct propositions, upon the request of any member, the vote upon each proposition shall be taken separately. After any question is finally put by the Mayor or Chair, no member shall speak to the question, nor shall any other motion be made until after the result is declared. The decision of the Mayor as to whether the question has been finally put shall be conclusive. After any by-law, resolution, question or matter has been decided except in those situations described in Subsection (a) - (h) below, any member who voted thereon with the prevailing side may move for reconsideration. The Mayor shall confirm with the member that the member voted with the majority on the issue in question. EXCEPTIONS (a) A question which can be renewed within a reasonable time (b) An affirmative vote whose provisions have been partly carried out (c) An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome. (d) Any vote which has caused something to be done that it is impossible to undo (e) A vote on a Motion to Reconsider (f) When the same result can be obtained by some other motion (g) A motion of indefinite postponement (to lay on the table) (h) When a motion to reconsider is determined by the Chair to be dilatory (causing delay). A18.9 The mover of a motion for the reconsideration of any decided matter shall be permitted to make a brief and concise statement of the reasons which he believes justify such reconsideration, without in any way debating the content of the matter. A18.10 If reconsideration of any decided matter is recommended to the Council by a committee, board, commission or special committee, a brief and concise statement of the reasons therefore may be set forth in the report to Council. A 18.11 The effect of a Notice of Motion to reconsider a decided matter is the suspension of all action that depends on the result of the matter proposed to be reconsidered. There shall be no discussion of the decided matter unless and until the motion to reconsider is carried by a majority vote of all the members present. A 18.12 No motion or question shall be considered "carried" without the consent of the majority of the members present who have not declared a pecuniary interest direct or indirect. A 18.13 Where a motion or question is "carried" or "defeated" such shall be recorded in the minutes of the meeting. A18 VOTING (Cont'd) A 18.14 When a vote is taken, each member of the Council shall announce his/her vote openly and individually and no vote shall be taken by ballot or any other method of secret voting. A19 A19.1 A19.2 A19.3 A19.4 A19.5 A20 A20.1 A20.2 A20.3 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 13 SCHEDULE 'A' CLOSED SESSION A Meeting or part of a meeting may be closed to 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 or local board employees; (c) a proposed acquisition or disposition of land by the Municipality of Kincardine; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matter before administrative tribunals, affecting the municipality of local board; (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 a council, board, committee or other body has authorized a meeting to be closed under another Act. (h) If the subject matter relates to the consideration or request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is designated as head of the institution for the purposes of that Act. Before holding a meeting or part of a meeting that is to be closed to the public, Council shall state by resolution; (a) the fact of the holding of the closed meeting, (b) the general nature of the matter to be considered at the closed meeting. Subject to Section A 19.4 a vote of the members of Council cannot take place during a closed session meeting. A vote of members of Council may take place during a closed session meeting in the event: (a) the subject matter falls into a category where a closed session is allowed; and, (b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under contract with the municipality. The Head of the Council shall preside at all meetings of the Council. BY-LAWS Every by-law shall be introduced upon motion by a member of the Council, specifying the title of the by-law. 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. Every by-law shall have three readings prior to being passed. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 14 SCHEDULE 'A' A20 BY-LAWS (Cant' d) A20A The first and second reading of a by-law shall be decided without amendment or debate. A20.5 If the Council determines that the by-law is of an administrative or minor nature such by- law may receive third reading directly following first and second reading A20.6 In proceedings in Committee of the Whole upon by-laws, each section shall be considered in its proper order, inclusive of the title and recitals. A20.7 If Council so determines, a by-law may be taken as read at any stage of its presentation. A20.8 The Clerk shall set out on all by-laws enacted by Council the date of their presentation. A20.9 All amendments made in Committee of the Whole shall be reported to the Council which shall receive the same forthwith and after the report has been received a by-law shall be open to debate and amendment before it is ordered for third reading. A20.10 When a by-law which has received first and second reading is reported from the Committee of the Whole without amendment it will be forthwith ordered to be read the third time. A20.11 At least one signed copy of each and every by-law passed by the Council shall be printed, signed, by the Mayor, and the Clerk and shall be sealed with the seal of The Corporation. At least one signed copy of each and every by-law adopted by the Council shall be filed by A20.12 the Clerk in the by-law books of the Municipality and shall be indexed and cross-indexed by number and subject matter; PARLIAMENTARY PROCEDURE A21 All proceedings of the council not specifically provided for in this by-law, shall be dealt with in accordance with ROBERTS RULES OF ORDER NEWLY REVISED and in such cases the decision of the Mayor shall be final and accepted without debate A22 GENERAL ENQUIRIES Enquiries may be made of the Mayor or through him to any member of the Councilor to a department head, relating to any matter connected with the business of the municipality but no argument or opinion is to be offered, or facts to be stated, except so far as may be necessary to explain the same, and in answering any such question a member is not to debate the matter to which the same refers. A23 A23.1 ADJOURNMENT A motion to adjourn the Councilor adjourn the debate shall always be in order, but not debatable, except: (a) When a member is in possession of the floor (b) When a recorded vote has been called for (c) When the members are voting (d) When it has been decided that the main question shall be put forthwith. A23.2 When a motion to adjourn is defeated, no second motion to the same effect may be made until there has been some intermediate proceeding. A23.3 If a member desires to leave a meeting of Council prior to adjournment, and not return thereto, he shall so advise the Mayor and the time of his/her departure shall be recorded A24 A24.1 A24.2 A25 A25.1 A26 A26.1 A26.2 A26.3 A26.4 A27 A27.1 A27.2 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 15 SCHEDULE 'A' SUSPENSION AND AMENDMENT OF RULES Any standing rule, order of Councilor provision of this by-law may be suspended or amended by resolution of the Council provided that a majority of all the members present vote in favour thereof. Amendments so approved shall be subsequently ratified and enacted by by-law following the publication of notice indicating the change. Any provision of this by-law, standing rule or order of Council may be amended by a by- law. RULES SHALL APPLY TO COMMITTEES AND BOARDS Where separate Rules of Procedure do not exist for a, committee and board the rules set forth herein shall apply. COUNCIL MINUTES The Clerk, or designate, shall truly record, without note or comment, all proceedings of the Council The Minutes of such proceedings shall not record any discussion undertaken in the course of a meeting, but shall only record decisions of the Council expressed in resolution form and shall record all such resolutions including those which are affirmatively voted upon by a majority of the Council members present and those which are defeated. Declarations, presentations, delegations, communications and enquiries received by the Council in the course of a meeting shall only be referred to in a brief and summary manner. The adoption, by resolution, of the minutes of each and every regular and special meeting of the Council shall be subsequently ratified and enacted by confirmatory by-law. OPEN MEETINGS Except as provided for in this by-law, all meetings shall be open to the public. The Mayor or Chair may expel any person for improper conduct at a meeting MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 16 SCHEDULE 'A' SECTION "B" COMMITTEE OF THE WHOLE B1 CONSTITUTION All members of the Council shall constitute and fully participate in meetings termed Committee-of-the-Whole at which all substantive matters of concern to the Municipality requiring a policy decision shall be considered for recommendation to Council. B.1.1 Committee of the Whole Meetings shall be held immediately following the Regular Council Meetings. B.1.2 The Mayor may appoint another member of the Committee of the Whole to act as committee chair while he/she is temporarily absent from the meeting. B2 ORDER OF BUSINESS - COMMITTEE OF THE WHOLE MEETINGS The order of business of a regular meeting of Committee of the Whole (a) Call to order (b) Disclosure of Pecuniary Interest (c) Delegations (d) Corporate Services (e) Planning, Building & By-law Enforcement (f) Public Works (g) Tourism (h) Economic Development (i) Recreation Services (j) Emergency Services (k) Minutes of Boards and Committees & Community Services (I) Communications (m) Adjournment B.2.1 The order of business referred to may be altered from time to time to permit a more efficient flow of business. B.2.2 The order of business for each policy area will proceed as follows: (a) Delegations on the subject matters listed on the agenda or on subject matters that may be of interest to the Committee of the Whole in the future (b) Determination of recommendations contained in administrative reports MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 17 SCHEDULE 'A' B3 AREAS OF POLICY B.3. 1 Under the committee of the whole system each member of Council is assigned a policy area. Members will then work with the designated department head, Mayor C.A.O. and department head, to develop policy for that area of responsibility. a) Corporate Services · Mayor, Deputy Mayor and one councillor · Department Head - Chief Administrative Officer · Administration · Clerk's Department · Finance & Information Systems · Human Resources b) Planning Building & By-law Enforcement · Four Councillors · Department Head - Chief Building Official c) Public Works · Four Councillors · Department Head - Manager of Public Works d) Tourism · Two Councillors · Four Public · Department Head - Clerk e) Economic Development . Three Councillors . Three Public · Department Head - Chief Administrative Officer f) Recreational Services · Three Councillors · Four Public · Department Head - Director of Recreation g) Emergency Services · One Councillor · Three Public · Department Head-Two (2) Fire Chiefs -RNEPC (Regional Nuclear Emergency Planning Co-ordinator) MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 18 SCHEDULE 'A' B4 RULES OF PROCEDURE Council Rules of Procedure as set out In Section "A" of this by-law shall apply In Committee-of-the-Whole except that: (a) No Notice of Motion shall be required to introduce new matters at any meeting of the Committee-of the Whole, but new matters shall only be so introduced with the approval of the majority of the members present, expressed by a show of hands. BA.1 The rules governing the procedures of the Council and the conduct of members in Council as set out in Section "A" of this by-law shall be observed in Committee of the Whole in so far as they are applicable, except that: (a) Recommendations to Council shall be made by obtaining the consensus of a majority of members present, except where the chair deems it necessary to ask for a show of hands to decide a question. BA.2 The number of times of speaking on any question shall not be limited unless a member moved that the call for consensus be asked for. BA.3 No member shall speak more than once except to make an explanation until every member who desires to speak has spoken. BAA If a member disobeys the rules of Councilor the decision of the committee chair 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 chair; the committee chair may forthwith call for a consensus of those members present as to whether such member be ordered to leave his/her seat for the duration of the meeting of the Committee of the Whole, but if the member apologizes, the member may, by vote of the Committee be permitted to retake his/her seat. B5 ASSIGNMENT OF COUNCILLORS TO POLICY AREAS B.5.1 That prior to the inaugural meeting the Mayor-Elect and Councillors-Elect shall meet and determine by open ballot the chair of the various policy areas of the Committee of the Whole. The CAO and Clerk shall be in attendance at such meeting. B.5.2 At the inaugural meeting of Council, chairs shall be appointed by by-law to oversee the affairs of each respective policy area of Councillors of Policy Areas. B6 DUTIES AND RESPONSIBILITIES OF COUNCILLORS OF POLICY AREAS B.6.1 To preside over that portion of Committee of the Whole meeting which pertain to their specific area of responsibility. B6.2 To insure that all matters within their specific area of responsibility of policy consideration are put before the Committee of the Whole in a manner which is orderly, timely and complete. B6.3 To approve items of business intended for inclusion in that portion of a Committee of the Whole agenda which pertain to their specific area of responsibility. B6A To maintain a communication with Department Heads whose operations fall within their specific area of responsibility in such a manner as to be satisfied that policy items (both decided and/or to be decided) are effectively addressed and followed through upon. B6.5 To report to the Council from time to time, whenever required by the Council and as often as the interests of the Corporation make necessary, on all matters relating to the duties and responsibilities imposed upon them respectively and to recommend such action by the Council in relation thereto as may be deemed to be appropriate. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 19 SCHEDULE 'A' B6 DUTIES AND RESPONSIBILITIES OF COUNCILLORS OF POLICY AREAS (Cant' d) B6.6 In accordance with the Municipality's current Budget Policy, "the Committee Chair will review and recommend new programs, capital expenditures, and additional staff requisitions" for departments whose operations fall within their specific area of responsibility prior to such estimates being submitted to Council for consideration. B6.7 The presiding Chair of the Committee of the Whole meeting may alternate from Committee of the Whole meeting to Committee of the Whole meeting. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 20 SCHEDULE 'A' SECTION "C" MUNICIPAL COMMITTEES AND BOARDS C1 NOTICE OF MEETINGS C1.1 The Secretary shall not be required to give notice of regular meetings of committees and boards but the mailing and receipt of the agenda for the meeting shall constitute notice thereof. C1.2 The Secretary shall endeavor to notify all members of meeting cancellations. C2 QUORUM The majority of the whole number chosen to comprise any committee, board, commission or as otherwise determined by the Council. C3 MAYOR: EX-OFFICIO MEMBER The Mayor or in his/her absence, the Deputy Mayor, shall be ex-officio member of all municipal authorities, committees and boards and shall have the same rights and privileges as any of the other members. C4 COUNCILLORS MAY BE APPOINTED IN ABSENTIA Any member of Council may be appointed to a committee, board or commission notwithstanding his absence at the time of appointment. C5 APPOINTMENTS TO AUTHORITIES. COMMITTEES AND BOARDS C5.1 Prior to the first term of Council, the Mayor-Elect and the Council-Elect, shall prior to the inaugural meeting or alternatively, prior to the 31st day of January in the next preceding year, meet and form a Striking Committee to consider the appointment of members to authorities, committees and boards where required for the next term of Council, subject to compliance with the provisions of other statutes or regulations of Ontario or Canada. The Mayor-Elect shall be the Chair of the Striking Committee. C5.2 The Clerk shall cause to be published, a notice for two (2) consecutive weeks in the local press prior to the inaugural meeting: (a) Advising the public that committees and boards are to be struck. (b) Listing all committees and boards to which appointments of citizen are to be made. (c) Inviting interested citizen to submit their names for consideration for appointment to committees and to which appointments of citizen shall be made. (d) Fix date by which such submissions shall be received. C5.3 The advertising for the notice referred to in Article C5.2 and the final date for the receipt of responses to the notice shall be completed by the Clerk prior to the formation of the Striking Committee referred to in Article C5.1. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002-182 21 SCHEDULE 'A' C5 APPOINTMENTS TO AUTHORITIES. COMMITTEES AND BOARDS (Cont'd) C5.4 Upon the passing of the final date for the receipt of responses to the notice referred to in Article C5.2, the Clerk shall inform the Mayor-Elect of responses received, whereupon the Mayor-Elect shall call a meeting of the Striking Committee pursuant to Article C5.1 to review the same. Copies of all submissions received shall be provided to each member of the Striking Committee. The method of selection of appointees to the committees, and boards requiring, citizen and Council appointments as set out in Article C6 herein shall be determined by the Striking Committee. The Clerk shall conduct an election to determine the appointees. C5.5 Upon the completion by the Striking Committee of a draft of recommendations for all required appointments to committees and boards for the term of Council, the Clerk shall notify appointees other than members of Council, of their recommended appointments and confirm whether or not each of the said appointees will stand. C5.6 Where a person or persons recommended by the Striking Committee for appointments to a committee, board or commission advises the Clerk that they will not stand for said appointment, the Clerk shall so advise the Mayor-Elect who will call a meeting of the Striking Committee prior to the inaugural meeting of the Council, at which meeting the Striking Committee shall recommend the appointment of another person or persons so as to fill all vacancies. Alternatively, the Clerk may conduct a telephone poll of the Striking Committee. The method of selection shall be in accordance with Section C5.4. C5.7 Should it occur that, at the inaugural meeting all appointed positions have not been filled on a committee, board or commission, the Striking Committee shall present its recommendations at the said Council meeting, as far as they could be completed, and Council shall deal with those recommendations nonetheless. C5.8 All appointments to authorities, committees and boards recommended shall be enacted by by-law. C5.9 If necessary, following the inaugural meeting of the Council, appointments shall, at subsequent meetings, be made by Council to fill vacancies on a committee, board and commission until such time as all vacancies are filled. C5.10 Concurrent to Article C5.9, recommendations for appointment to a committee, board or commission shall be presented directly to Council and may be so presented by a representative or representatives of a committee, board and commission or by any member or members of Council. C5.11 Council may by resolution establish ad hoc committees, which shall advise the Council on matters assigned or referred to it. C5.12 A committee, which refuses or neglects to give due consideration to any matter assigned to it or before it, may by resolution be discharged of such responsibility. C5.13 All committees are subject to the control and direction of Council, conditional on compliance with the provisions of other statues or regulations of Ontario or Canada. C5.14 Each committee shall submit reports solely to the Council on all matters connected with their duties or referred to them by Council. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 22 SCHEDULE 'A' C6 APPOINTMENTS REQUIRED TO BE MADE BY COUNCIL C6.1 Citizen shall be appointed to the following committees for the term of Council pursuant to the Consolidated Committee Appointment By-Law i) CITIZEN VOLUNTEERS Arts Facility Accessibility Advisory Committee Board of Management Business Improvement Area (BIA) Bruce Area Solid Waste Recycling Association Incorporated (BASWRA) Cemeteries - Kincardine Cemetery - Tiverton Cemetery - Port Bruce Cemetery Community In Blooms Community Policing Economic Development Heritage Parks & Waterfront Property Standards Recreational Services Committee - Recreation Services Sub-committees - Tiverton Ball Committee - Tiverton Community Centre - Tiverton Sports Centre - Brucedale Community Centre - Paisley Recreation - Underwood Community Centre Saugeen Valley Conservation Authority Tourism Sub-committees - Canada Day - Driftwood Festival - Fish Kincardine Salmon Derby - Kincardine Scottish Festival and Highland Games - Winter Carnival (Kincardine Polarfest & Tiverton Winterfest) - Cruise Night - Kincardine Trails Westario ii) SPECIAL PURPOSE COMMITTEES/BOARD Kincardine Police Services Board Livestock Evaluators Pound Keeper Weed Inspector Fence Viewers Agriculture Advisory Committee (for Nutrient Management) C7 APPOINTED COMMITTEES TO NAME CHAIR Unless otherwise provided by enabling legislation, appointed committees and boards shall, at their first meeting of each year, name or rename a Chair who shall preside at all meetings of such authority, committee, board or commission and shall preserve order and decorum, subject to all rules of procedure herein before prescribed. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 23 SCHEDULE 'A' C8 APPOINTMENT OF A SECRETARY Unless otherwise, provided, at its first meeting committees and boards where necessary shall appoint a secretary whose responsibility it shall be to: (a) Prepare and distribute agendas and/or notices of meetings. (b) Take the minutes of meetings (c) Prepare the minutes of the meetings for signature by the Chair and secretary. (d) Reproduce the draft minutes of meetings and provide a draft copy within seven days, to Clerk, for distribution to Council not later than end of day on the Wednesday next preceding a regular meeting of Council. C9 REMUNERATION C9.1 Remuneration for services provided by committee secretaries, in terms of the amount and form of payment shall be determined by Council. C9.2 Due to special requirements there will be remuneration, as determined by Council, for Special Purpose Committee members i.e. per diem/honorarium. C10 DURATION OF APPOINTMENTS C10.1 Where duration of appointments to committees and boards is not prescribed by statute or in separate procedural or constitutional by-laws or regulations, the appointments shall be concurrent with the term of Council. C10.2 Appointees shall continue in their offices until such time as replacements or re-appointments are resolved by Council and passed in by-law form. C10.3 Should any member of a Committee, Ad Hoc Committee or Special Committee or Board refuse or neglect to attend the regular or special meetings thereof, the Chair of that committee may report such neglect or refusal to the Council. Council may remove such member from the Committee and appoint another member. MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 24 SCHEDULE 'A' SUBJECT SECTION PAGE ADJOURNMENT Motion to adjourn A23.1 14 When motion to adjourn defeated A23.2 14 Members desiring to leave meeting A23.3 14 AGENDA To constitute adequate notice A7.1 7 Delivery of Agenda A7.2 7 APPOINTMENT TO AUTHORITIES. COMMITTEES AND BOARDS Striking Committee to be formed C5.1 20 Public notice of citizen appointments to be made C5.2 20 When public notice shall be published C5.3 20 Final date for receipt of responses to notice C5.2 20 Clerk to inform Mayor of responses to notice C5.4 21 Clerk to notify citizen appointments C5.5 21 Where citizen appointee will not stand C5.6 21 Striking Committee to present recommendations to C5.7 21 Council All appointments to be entered by by-law C5.8 21 All vacancies to be filled by Council after inaugural or first C5.9 21 meeting in year Appointment recommendations to Council after inaugural C5.10 21 or first meeting in year COUNCILLORS MAY BE APPOINTED IN ABSENTIA C4 20 APPOINTMENTS. DURATION OF C10 23 APPOINTMENTS REQUIRED TO BE MADE BY C6 22 COUNCIL AREAS OF POLICY B3 17 BY-LAWS A20 1 3-14 CHAIRS Appointed Committees To Name Chair C7 22 COMMENCEMENT OF MEETINGS When Mayor is to call meeting to order A9.1 7 When Mayor is absent A9.2 7 When quorum not present A3.3 6 COMMITTEE OF THE WHOLE Assignment of Councillors to Policy Areas B5 18 Duties and Responsibilities of Appointees to Policy Areas B6 18 Rules of Procedure B4 18 COMMUNICATIONS AND PETITIONS How and when to be submitted A12.1 8 Referrals A12.2 9 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 25 SCHEDULE 'A' CONFLICT OF INTEREST Voting A18 11-13 CONSTITUTION B1 16 DEBATE AND CONDUCT Order and decorum A15.1 9 Members to rise prior to speaking A15.2 9 Motions to be read A15.3 9 When two or more members rise at once A15.4 9 Call for motion to be read A15.5 9 Member not to be interrupted while speaking A15.5 9 No member to speak more than once on questions A15.6 9 Breach of protocol A15.9 10 Mayor may leave chair A 15.10 10 DELEGATIONS Request to be submitted A13.2 9 Deputations to confine remarks A13.3 9 Council may hear any person A13.4 9 Time Limit A13.5 9 GENERAL ENQUIRIES A22 14 MAYOR EX-OFFICIO MEMBER Of all municipal committees C3 20 MEETING - INAUGURAL Date and Time A4.1 6 Procedure A4.2 6 To be opened with Prayer A4.3 6 MEETINGS - REGULAR Location, day and time A5.1 6 Where falls on a holiday A5.2 6 Where falls on a nomination or election day A5.3 6 Absenteeism and Leave of Absence A6 7 May be held in other than Municipal Council Chambers A7.4 7 MEETINGS - SPECIAL Mayor may summon A8.1 7 Clerk shall summon A8.1 7 On petition of majority of members A8.1 7 Notice of A8.2 7 Urgent or extraordinary occasions A8.6 7 Consider business in notice only A8.3 7 May be held in other than Municipal Council Chambers A8.4 7 Special Meetings of committees and boards - may be A8.5 7 called by Chair or by Clerk NOTICE OF MEETINGS - MUNICIPAL COMMITTEES AND BOARDS Regular meetings C1.1 20 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 26 SCHEDULE 'A' MOTIONS AND ORDER OF PUTTING QUESTIONS Notice of Motion A17.1 10 Motions to be in writing, seconded and read A17.3 10 Withdrawal of A17.4 10 Amendments A17.5 11 Motion for referral A17.6 11 No motion to be received when questions under debate A17.7 11 The main question A17.8 11 Appointments to office A17.9 11 When contrary to by-laws or statutes A17.10 11 Motion for Mayor to leave the chair A17.11 11 ORDER OF BUSINESS - COMMITTEE OF THE WHOLE Regular meetings B2 16 ORDER OF BUSINESS - COUNCIL Regular meetings A10.1 8 Special meetings A11 8 PARLIAMENTARY PROCEDURE Shall apply A21 14 QUESTIONS OF PRIVILEGE AND POINTS OF ORDER Urgent matters to be considered immediately A16.1 10 When Mayor called to decide a point of order A16.2 10 When point of order is raised A16.3 10 Actions contrary to rules when integrity is impugned A16.5 10 QUORUM To constitute Quorum A3.1 6 REGULAR MEETINGS - COMMITTEE OF THE WHOLE After Council Meeting B1.1 16 RULES TO APPLY TO MUNICIPAL COMMUNITIES Prescribed A25 15 REMUNERATION Members C9.2 23 Secretaries C9.1 23 COMMITTEE SECRETARIES Appointments C8 23 General duties C8 23 SUSPENSION OF RULES Publication of notice to change by-law A24 15 TIME Governing of A14 9 MUNICIPALITY OF KINCARDINE PROCEDURAL BY-LAW BY-LAW NO. 2002 - 182 27 SCHEDULE 'A' VOTING All members to vote Conflict of interest Mayor may vote on all questions Mayor shall vote when requested Questions negated upon equality of votes Recording of votes Propositions to be taken separately When Question finally put Postponement and reconsideration Justification of motion for reconsideration Reconsideration recommended by a municipal committee or board other than Council Notice of motion for reconsideration Majority consent required to carry a motion Result of vote to be recorded Voting to be open (i.e.: not secret or by ballot) A18.1 A18.1 A18.2 A18.3 A18.4 A18.5 A18.6 A18.7 A18.8 A18.9 A 18.10 A 18.11 A 18.12 A 18.13 A 18.14 11 11 11 12 11 12 12 12 12 12 12 12 12 12 13