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HomeMy WebLinkAboutKIN 93 040 Amended by No. 97 73 . . THE CORPORATION OF THE TOWN OF KINCARDINE 1t,,,,Of K'~""'ð~ " . \. ~", IVLAWNO ,'197-73 DA'fR\ Dece...her Ii' ,<1<71 j .-..... BY-LAW BY-LAW NO. 1993-40 A BY-LAW TO ESTABLISH VARIOUS PROCEDURES FOR THE TOWN OF KINCARDINE WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to outline the various procedures to be followed by the employees and elected official of the Town of Kincardine; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That Schedule "A" attached hereto establishing the various procedures to be followed by members of Council and staff with regard to the conduct of meetings is hereby adopted. 2. This by-law shall come into full force and effect upon its final passage. 3. This by-law may be cited as the "Town of Kincardine Procedural By-Law". READ a FIRST and SECOND time this 17th day of June, 1993. READ a THIRD time and FINALLY PASSED this 5th day of August, 1993. ~- Mayor . . COUNCIL PROCEDURAL BY-LAW LIST OF HEADINGS 1.0 Definitions 2.0 Introduction 3.0 council Meetings 4.0 Absence of Mayor 5.0 Allocation of Seats 6.0 Calling of Meetings to Order 7.0 No Quorum 8.0 The Conduct of Proceedings at Meetings of Council 9.0 Notice of Meetings 10.0 Agenda Addendum 11. 0 12.0 Minutes 13.0 Delegations 14.0 Roll Call 15.0 Reading of By-laws and Proceedings Thereon Notice of Motions 16.0 17.0 Motions 18.0 Voting 19.0 Reconsideration of a Motion 20.0 Rules of Debate 21. 0 Points of Order and Privilege 22.0 Conduct of Members of Council 23.0 Committee of the Whole 24.0 In Camera Sessions 25.0 Adjournment and Curfew 26.0 summary ../2 1.0 1.1 . 1.2 1.3 1.4 1.5 1.6 Kincardine Procedural By-law Page 2 DEFINITIONS "Administrator" mean the clerk-administrator of The Corporation of the Town of Kincardine. "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; includes a special committee. "Bar" means ahead of the speaker's podium. "Chair" means the person presiding meeting, other than a Council meeting. "Clerk" means the Clerk of The Corporation of the Town of Kincardine. at a "Committee" means any committee, such as an advisory, Ad Hoc or standing committee established by the Council from time to time. 1.7 "Confidential" shall mean those items discussed incamera and more clearly denoted in Schedule "A". 1.8 "Council" means the Municipal Council of the Town of Kincardine. 1.9 "Deputy Mayor" means the Council member, other than the Mayor who was elected as Reeve at the last preceding election, in the event the Reeve is unable to fulfil the obligations of Deputy Mayor, these responsibilities shall fall to the Council member, who was elected as Deputy Reeve at the last preceding election. 1.10 "In-Camera" means a closed session that is not open to the public. 1 .11 "Mayor" of the Town is the head of Council and the chief executive officer of the Corporation. 1.12 1.13 "Meeting" means a meeting of the Council or a Committee, as the case may be. "Member" means a member of the Council or a Committee, as the case may be. 1.14 "Recorded Vote" means a recorded vote as provided for in section 61(1) of the Municipal Act, R.S.O. 1990, c.M. 45, as amended. 1.15 1.16 . "Standing Committee" shall appointed to review and report interest to the Town and that an indefinite basis. mean a committee on an area of ongoing continues to do so on "Town" shall mean The Corporation of the Town of Kincardine. ../3 Kincardine Procedural By-law Page 3 1.17 "Quorum" means a majority of the whole number of members of the Council, including the Mayor or as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended, from time to time. . 2.0 2.1 2.2 3.0 3.1 3.2 3.3 3.4 . INTRODUCTION The rules and regulations contained in this by-law shall be observed in all proceedings of Councilor in Committee of the Whole, Parliamentary procedure shall be followed and in such case, the decision of the Mayor or Chair presiding shall be final, subject only to an appeal to the Council. In such cases where Parliamentary procedure is under question reference shall be made to "Robert's Rules of Order" for definition. The rules and regulations contained herein may be suspended, other than rules for a quorum or an "in-camera" session, in accordance with the provisions of this by-law. In this by-law, words importing the singular shall include the plural and vice-versa, and words importing the masculine gender shall include the feminine gender. COUNCIL MEETINGS Meetings of the Council shall be held at the Council Chambers adopted and used by the Council from time to time for such purpose. The Inaugural Meeting of Council shall take place at 7:30 p.m. on the first Thursday of December following the election. The next and each succeeding regular meeting of Council shall be held on the first and third Thursday of each month at the hour of 7:30 p.m. 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 Monday which is not a public or civic holiday. The Council may sit as a Committee of the Whole on the second and fourth Thursday of each month at the hour of 7:30 p.m. Council may, by resolution, change the date or time of any regularly scheduled meeting of Council. No business shall proceed at the Inaugural Meeting until after the declarations of office and qualifications have been made by the members who have presented themselves for that purpose. The Mayor, may at any time summon a special Council meeting to be held at the time, date and place of his/her preference. It shall also be the clerk's duty to do so when requested, in writing by a majority of members, to call for a meeting of Council. ../4 Kincardine Procedural By-law Page 4 3.5 Subject to the provisions of the Municipal Act, the members may, by resolution, provided two thirds of all members vote in favour thereof, dispense with or alter the time, day or place of any meeting. In the absence of the Mayor or if his/her office is vacant and upon receipt of a petition of the majority of the Council members, the Clerk shall summon a special Council meeting in accordance with the petition. The petition must at least speak to the purpose and the time of the special Council meeting or else it is invalid. No business may be transacted at a special meeting of Council other than specified in notice of such meeting. . 3.6 3.7 The Mayor shall act as Chair of the Council meeting. In the case of the absence of the Mayor from the Town, or if the mayor is absent through illness, or if the mayor refuses to act or the mayor's office is vacant, the Deputy Mayor shall act in the place and stead of the Mayor, and shall have all the rights, powers and authority of the Mayor, while so acting. 4.0 ABSENCE OF MAYOR AND DEPUTY MAYOR 4.1 Subject to the provisions of the Municipal Act, in case the Mayor and Deputy Mayor do not attend within fifteen (15) minutes after the time appointed for a meeting of the Council, the Clerk shall call the members to order and an acting Chairperson shall be appointed from among the members present and he or she shall preside until the arrival of the Mayor, or Deputy Mayor and while so presiding the acting Chair shall have all the powers of the Mayor. 5.0 ALLOCATION OF SEATS 5.1 The for and Clerk shall designate the seating arrangement the whole Council, press and members of staff the public. 6.0 CALLING OF MEETING TO ORDER 6.1 7.0 7.1 . As soon after the hour fixed for the holding of meeting of the Council, and a quorum is present, Chair shall be taken by the Mayor and call meeting to order. the the the NO OUORUM If no quorum is present fifteen minutes 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 until a special meeting is called. Five members of the Council present in person, shall be a quorum. ../5 7.2 Kincardine Procedural By-law Page 5 If at any time during the meeting there is no quorum in attendance, the meeting shall automatically stand adjourned until there is a quorum once again in attendance; should the lack of a quorum continue for fifteen minutes from the time of its occurrence, then the meeting shall automatically stand adjourned until the next regular meeting day or until a special meeting is called to deal with the matters still to be dealt with from the adjourned meeting. . 8.0 THE CONDUCT OF PROCEEDINGS AT A MEETING OF COUNCIL 8.1 It shall be the duty of the Mayor, 8.1.1 to open the meeting of Council by taking the chair and calling the members to order; 8.1.2 to announce the business before the Council in the order in which it is to be acted upon; 8.1.3 to receive and submit, in the proper manner, all motions presented by the Members of Council; 8.1.4 to put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the result; 8.1.5 to decline to put to vote motions which infringe upon the rules of procedure; 8.1.6 to restrain the members, within the rules of order, when engaged in debate; 8.1.7 to enforce on all occasions the observance of order and decorum among the members; 8.1.8 to call by name any member persisting in breach of the rules of order of the Council, thereby ordering that member to vacate the Council Chambers; 8.1.9 to receive communications Council; all and messages announce and them other to the 8.1.10 to authenticate, by his/her signature when necessary, all by-laws and minutes of the council; 8.1.11 to inform the Council, when necessary or when referred to for the purpose, on a point of order or usage; . 8.1.12 to represent and declaring its will, its decisions in all support the and implicitly things; Council, obeying ../6 '. 9.0 9.1 9.2 9.3 9.4 9.5 9.6 . Kincardine Procedural By-law Page 6 8.1.13 to ensure that the decisions of Council are in conformity with the laws and by-laws governing the activities of the Council; 8.1.14 to adjourn the meeting when the business is concluded, 8.1.15 to adjourn the meeting without question in the case of grave disorder arising in the Council chambers. NOTICES OF MEETINGS Subject to subsection 9.4 hereof, the Clerk shall give notice of each meeting to all Council members, to the Heads of all Town departments, to the representatives of the local press and to such other persons as the Mayor and/or the Clerk deems advisable. The notice shall be in the form of an agenda which shall first make mention of the day, time and place of the meeting and then of any matter or matters so far as is known to be brought before such meeting, including placement of all documents. Such agenda to be prepared as hereafter provided, and approved by the Mayor. The agenda shall be delivered by way of the Town's internal mail system by the Clerk to each Council member and to the Town department heads so as to be received no later than the Tuesday previous to the meeting. In the case of special meetings 0f Council, where time does not permit delivery of .;he agenda to meet the "previous Tuesday" deadline mentioned in subsection 9.3 above, the Clerk shall attempt to inform each Council member and such other persons as the Mayor and/or the Clerk deem advisable of the day, time, place and purpose of the meeting by telephone or otherwise. In such case, the Clerk shall deliver the agenda as per subsection 9.3 to the persons required under subsection 9.1 with this being done by the Clerk as soon as reasonably possible. Failure of any person to receive the notice of the meeting required to be given by subsection 9.1 or 9.4, shall not affect the validity of the holding of the meeting or any action taken thereat. A special meeting shall be held at the ];:'.ace and time specified in the notice calling the meeting. A special meeting may be either open or closed, subject to the nature of business. ../7 Kincardine Procedural By-law Page 7 10.0 COUNCIL AGENDA 10.1 Prior to each regular or adjourned meeting of Council the Clerk shall prepare an agenda of all business to be brought before the Council at such meeting; and in order to enable the Clerk to do so, all delegations and documents intended to be submitted to Council shall be placed in the Clerk's hands by the close of office hours on the third business day prior to the meeting of the Council; and the business of the Council shall be proceeded with according to its place in the following order: . i) ii) iii) iv) v) vi) vii) viii) x) xi) xii) Roll Call; Disclosure of pecuniary interest; Adoption of Minutes of the previous meeting; Delegations; Correspondence; By-Laws and Agreements; Minutes of meetings and reports; General Business; Notice of motions; Addendum to agenda; Adjournment; 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. 10.2 The Clerk shall be responsible to ensure that a complete agenda is prepared by 3:00 p.m on the second day prior to the Council meeting. Members of Council will then pick up their agendas at the municipal office any time after that. 10.3 After the agenda has been prepared, only the Mayor may authorize an addition to the agenda prior to the Council meeting. 10.4 The Mayor may note on the agenda that a special in-camera committee of the whole meeting will take place, either at 7:00 p.m. prior to the scheduled Council meeting, or immediately following the adjournment of the scheduled meeting, to discuss matters defined in Schedule "A" of this by-law. 10.5 Agendas for Council meetings shall be reviewed by the Mayor or the Administrator prior to printing or issuance. 10.6 Every letter, petition and other communication addressed to the Council shall be received by the Clerk who shall deal with them as follows: . ../8 . Kincardine Procedural By-law Page 8 10.6.1 Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of a Standing Committee or Special Committee of the Council, such communication shall be referred directly to the appropriate Committee and copied to the mayor, without prior reference to the Council. 10.6.2 Communications of a routine nature shall be referred by the Clerk directly to the official concerned, or to file without prior reference to the councilor any Committee. 10.6.3 Resolutions from be forwarded recommendation to other municipalities for consideration Council. shall and 10.7 An item of business not listed on the council agenda cannot be introduced at a Council meeting without the approval of Council expressed by resolution. 10.8 When it appears there is insufficient business for a regular meeting of the Council, the Mayor, with the consensus of not less than two-thirds of the members, may cancel the meeting. 10.9 The Clerk shall have representatives, on meetings are held, a agenda. prepared for the use of media the day when regular Council press package containing the 11.0 ADDENDUM There shall only be an addendum to an agenda for a meeting when an item or items arise after the closing of the deadline for items for the agenda and prior to the meeting, which item or items the Mayor believes are of an urgent nature requiring the immediate consideration of the body concerned. 12.0 COUNCIL MINUTES 12.1 Minutes shall record: 12.1.1 The place, date and time of meeting and hour of adjournment. 12.1.2 The names officers members; of the presiding officer or and record of the attendance of the 12.1.3 The correction, if any, and adoption of the minutes of prior meetings; 12.1.4 The results of a recorded vote; 12.1.5 All other proceedings of the meeting without note or comment. . ../9 Kincardine Procedural By-law Page 9 12.2 Minutes may be adopted by council without having been read at the meeting. 12.3 Every letter, petition or other communication intended for presentation to the Councilor its committee shall be legibly written or printed and shall be signed by at least one person. . 13.0 DELEGATIONS 13.1 Persons desiring to present information orally on matters of fact or make a request of council shall give notice to the Clerk not less than seventy-two (72) hours before the commencement of the meeting of the Council and may be heard by leave of the Mayor, but shall be limited in speaking to not more than ten (10) minutes except that a delegation consisting of more than five (5) persons shall be limited to two (2) speakers, each limited to speaking not more than ten (10) minutes. Delegations may extend their speaking time with the permission of the mayor. 14.0 ROLL CALL 14.1 The members and those in attendance at the meeting shall be seated and the roll call shall then be taken by the clerk. If a member arrives at a meeting after the roll has been called, or leaves before the adjournment, the clerk shall note the time of arrival or departure in the minutes. 15.0 READING OF BY-LAWS AND PROCEEDINGS THEREON 15.1 By-laws shall only be passed at Council meetings. 15.2 Every by-law shall: 15.2.1 be introduced upon motion by a member of the Council specifying the title of the by-law; 15.2.2 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 15.2.3 have three readings prior to it being passed. 15.3 The first and second reading of a by-law shall be decided without amendment or debate. 15.4 If the Council determines that the by-law is to be considered in Committee of the Whole, it shall be so considered previous to the third reading thereof. . ../10 Kincardine Procedural By-law Page 10 15.5 In reviewing bylaws in Committee of the Whole, each section of the by-law shall be considered in its proper order, inclusive of the title and recitals. 15.6 All amendments made in Committee of the Whole shall be reported by the chair 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 the third reading. . 15.7 When a by-law is reported without amendment it shall be forthwith ordered to be read the third time at such time as may be appointed by the Council. 15.8 If Council so determines, a by-law may be taken as read. 15.9 The clerk shall set out on all by-laws enacted by Council the date of the several readings thereof. 15.10 Every by-law enacted by the Council numbered and dated and shall be sealed seal of The Corporation and signed by the the mayor and shall be deposited by the the town hall vault for safekeeping. shall with clerk clerk be the and in 16.0 NOTICE OF MOTIONS 16.1 Notices of motion may be received by the clerk and each motion of which the clerk has received notice in accordance with subsection 10.2 and section 11.0 shall be included on the agenda or addendum, as the case may be, for that meeting under the section "Direction Required" or "General". 16.2 A notice of motion may also be received by the clerk prior to the closing of the meeting and in this event the mayor shall read the notice of motion and it shall be duly recorded in the minutes and shall form part of the agenda for the subsequent meeting under the item "General". The mover of the notice of motion need not be in his/her seat during the reading of the notice. The presentation of a notice of motion does not require a seconder for the motion until it comes before a meeting for debate. 16.3 A motion for which notice has been given, if not moved and seconded on the day and at the meeting on which agenda it appears, cannot be moved at any subsequent meeting without due notice having been given pursuant to section 16 hereof. . ./11 . Kincardine Procedural By-law Page 11 17.0 MOTIONS 17.1 Every when shall motion or resolution shall be in writing and duly moved, seconded and stated by the mayor, be open for consideration. 17.2 A motion with respect to a matter not on the agenda or addendum shall not be presented without the prior notice required by subsection 16.1 hereof unless the members pass a resolution to so dispense with such notice, which resolution must be passed by two-thirds of the members present. . 17.2.1 Only one amendment at a time can be presented to a main motion and only one amendment can be presented to an amendment but when an amendment to an amendment has been decided on, another amendment to an amendment may be introduced, and when an amendment to a main motion has been decided on, another may be introduced. 17.2.2 In the case of an amendment to an amendment, an amendment to the main motion cannot be withdrawn until the amendment to the amendment has been withdrawn or voted on. 17.2.3 An amendment to a main motion or to an amendment must be similar in import to the question which it is proposed to amend but with sufficient variance to constitute a different question. 17.2.4 The amendment to the amendment, if any, shall be voted on first; then if no other amendment to the amendment is presented, the amendment to the main motion shall be voted on next; then if no other amendment to the main motion is introduced, the main motion shall be voted on next; or if any amendment to an amendment or any amendment to a main motion has carried, the main motion as so amended shall be put to a vote. 17.2.4 Nothing in this section shall prevent other proposed amendments, which have not yet been read at the meeting but which have been presented to the chair, from being read informally if requested by any member so as to inform the members of the various amendments presented to the mayor respecting the motion concerned. ../12 . 17.3 . 17.4 17.5 17.6 17.7 17.8 17.9 . Kincardine Procedural By-law Page 12 When the question under consideration contains distinct propositions, upon the request of any member, the vote upon each proposition shall be taken separately. Every motion, amendment to a motion or amendment to an amendment, before being read and presented to the mayor for debate, must be moved and seconded and in writing. In addition, the mover and seconder of a motion, amendment to a motion or an amendment to an amendment, must be present at the time a vote is taken or else the motion, the amendment to the motion or the amendment to the amendment, as the case may be, has no validity. subject to subsections 17.5, 17.6 & 17.7 hereof, when a matter is under debate, no motion shall be entertained other than: i) a motion to adjourn ii) a motion for the previous question iii) a motion to lay on the table iv) a motion to postpone v) a motion to refuse vi) a motion to amend to refer or defer shall take motion or amendment except a precedence motion to A motion over any adjourn. A motion to refer shall require direction as to the body to which it is being referred. A motion to defer must give a reason and a time to which the matter is deferred. A motion that the vote be now taken does not require a seconder, need not be in writing and shall not be recorded in the minutes and shall not be entertained by the mayor until each of the members present has had an opportunity to speak at least once on the particular matter if he/she so wishes. Once a motion that the vote be now taken is presented and entertained by the mayor, it shall be put to a vote without debate and, if carried by two thirds vote of the members present, the motion and any amendments thereto under discussion shall be submitted to a vote forthwith without further debate. ../13 Kincardine Procedural By-law Page 13 17.10 A motion relating to a matter not jurisdiction of the Council is not in shall not be entertained by the mayor. within order the and 18.0 VOTING 18.1 After the mayor commences to take a vote on a question, no member shall speak to such question or present any other motion until the vote has been taken on such question, be it a main motion, an amendment to a main motion or an amendment to an amendment. . 18.2 voting shall or against; requested by be by way of "show except when a any member. of hands" in favour recorded vote is 18.3 Every member present at a meeting other than the mayor, when a vote by way of "show of hands" is taken on a question, shall vote thereon unless prohibited by statute; and if any member present other than the mayor, refuses to vote or fails to vote, he/she shall be deemed as voting against the question. Nothing in the preceding two sentences shall be deemed to prevent the mayor from voting on any question. The mayor shall announce the results of the vote. 18.4 The mayor may vote after the vote is taken, in order to break or cause a tie. 18.5 A member may request a recorded vote on any question and when a member so requests a recorded vote, each member present unless otherwise prohibited by statute, shall announce his/her vote openly and individually in favour of or against the question except for the mayor who shall announce his/her vote last. The clerk shall record each member's vote and each member's vote shall be noted in the minutes. After completion of the vote, the clerk shall announce the results. If during the roll call vote any member present refuses to vote or fails to vote, he/she shall be deemed and recorded as voting against the question. 18.6 Any question on which there is an equality of votes shall be deemed to be lost except where otherwise expressly provided by the Municipal Act. 18.7 If a member disagrees with the announcement by the mayor of the results of any vote, except a recorded vote, he/she may object immediately to the mayor's declaration and require the vote to be retaken by a recorded vote. . ./14 . Kincardine Procedural By-law Page 14 18.8 A member's opposition to any question shall not be recorded in the minutes unless a recorded vote has been taken and in the recorded vote the member voted against the question. 19.0 RECONSIDERATION . 19.1 Any motion may be reconsidered if, upon the putting of the motion, the minority vote comprised not less than one third of the members present and voting. After a motion has been decided, any member who voted or is deemed to have voted thereon may at any time prior to adjournment of the meeting at which such motion was decided give notice in writing that he/she will move at the first meeting held thereafter for a reconsideration thereof. 19.2 The Council shall immediately upon such notice having been given, vote as to whether or not such notice for reconsideration be entertained. 19.3 After such notice has been given and accepted, no action shall be taken to carry into effect the main motion until after the motion to reconsider has been disposed of. 19.4 19.5 19.6 20.0 20.1 . Every lost, favour motion being reconsidered shall be unless the majority of the Council thereof. declared vote in No discussion of the main question shall be allowed upon accepted notice of reconsideration or upon the motion to reconsider unless, and until, the Council shall have voted to reconsider the same, but the member who gives the notice may have the privilege of stating his reasons for doing so. The words "the first meeting held thereafter" in subsection 20.1 shall mean the first regular meeting of the Councilor a meeting called specifically to consider the accepted motion of reconsideration of which notice has been given. RULES OF DEBATE FOR COUNCIL MEETINGS When two or more members seek to speak, the mayor shall designate the member who has the floor and shall be the member who, in the opinion of the mayor, indicated first. Every member present at a meeting of the Council when a question is put shall vote thereon unless prohibited by statute. . ./15 Kincardine Procedural By-law Page 15 20.3 When the mayor calls for the vote on a question, each member shall occupy his/her seat and shall remain in his/her place until the result of the vote has been declared by the mayor. . When a member is speaking no other member shall interrupt, except to rise on a point of order. 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. 20.6 No member shall speak more than once to the same question without leave of the mayor, 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. 20.4 20.5 20.7 No member, without leave of the mayor, shall speak to the same question, or in reply, for longer than five minutes. 20.8 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 succinctly and asked only of the previous speaker. 20.9 Notwithstanding clause 20.8, when a member has been recognized as the next speaker, then immediately before speaking such member may ask a question of the mayor or an official of the Town on the matter under discussion but only for the purpose of obtaining information, following which the member may speak. 20.10 The following matters and motions with thereto may be introduced orally without notice and without leave, except as provided by these rules of procedure: i) a point of order or personal privilege; ii) presentations of petitions; iii) to lay on the table; iv) to postpone indefinitely or to a day certain; v) to move the previous question. respect written otherwise ../16 . 20.11 . 20.12 Page 16 The following motions may be introduced without notice and without leave, but such motions shall be in writing and signed; i) to refer; ii) to adjourn; iii) to amend; iv) to suspend the rules of procedure. In all unprovided cases in the proceedings of the Council, the matter shall be decided by the mayor, subject to an appeal to the Council upon a point of order. 21.0 POINTS OF ORDER AND PRIVILEGE 21.1 The mayor shall preserve order and decide questions of order. When a member raises a point of shall ask leave of the mayor to order and after leave is granted state the point of order to the silent until the mayor shall decided the point of order. 21.3 Thereafter, a member shall only address the mayor for the purpose of appealing the mayor's decision to the Council. 21.2 order the member raise a point of the member shall mayor and remain have stated and 21.4 If no member appeals, the decision of the mayor shall be final. 21.5 The Council, if appealed to, shall decide the question without debate and its decision shall be final. 21.6 22.0 22.1 . Where a member considers that his/her integrity or the integrity of the Council as a whole has been impugned, the member may as a matter of personal privilege rise at any time, with the consent of the mayor, for the purpose of drawing the attention of the Council to the matter. CONDUCT OF MEMBERS OF COUNCIL No member shall: 22.1.1 use offensive words language at any time; or unparliamentary 22.1.2 speak on any subject other than the subject in debate; 22.1.3 criticize any decision of except for the purpose of question be reconsidered; the Council moving that ../17 Kincardine Procedural By-law Page 17 . 22.1.4 disobey the rules of the Councilor a decision of the mayor or of the Council on question of order or practice or upon the interpretation of the rules of the Council; 22.1.5 persist in any such disobedience after having been called to order by the mayor, the mayor may forthwith put the question, no amendment, adjournment or debate being allowed, "that such member be ordered to leave his/her seat for the duration of the meeting of the Council" but if the member apologizes the member may, by vote of the Council, be permitted to retake his/her seat. 22.2 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 mayor or the Council upon reference. 22.3 When the mayor is putting the question no member shall leave or make a disturbance. 23.0 COMMITTEE OF THE WHOLE 23.1 The chair may appoint another committee of the whole to act as while he/she is temporarily absent or if he/she is statutorily participating. 23.2 The committee chair shall maintain order in the committee of the whole and report the proceedings to the Council. member of the committee chair from the meeting excluded from 23.3 The rules governing the procedures of the Council and the conduct of members in Council shall be observed in committee of the whole so far as they are applicable, except that: 23.3.1 Decisions shall be made by obtaining the concensus of a majority of members present, except where the chair deems it necessary to ask for a show of hands to decide a question. 23.4 The number of times of speaking on shall not be limited unless a member call for concensus be asked for. any question moved that the 23.5 No member shall an explanation speak shall have speak more than once except to make until every member who desires to spoken. . ./18 . Kincardine Procedural By-law Page 18 23.6 If a member disobeys the rules of the 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 concensus 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. 23.7 Under the committee of the whole system each member of Council is assigned a policy area. They will then work with the designated department head, mayor and clerk-administrator to develop policy for that area of responsibility. . a) Finance: Chair - One Councillor Department Head - Treasurer b) Personnel Chair - One Councillor Department Head - Treasurer c) Public Protection: Chair - One Councillor Department Head - Chief Building Official Other - Small Animal Control Officer - Water Rescue unit d) Transportation: Chair - One Councillor Department Head - Manager of Public Works e) Environment: Chair - One Councillor Department Head - Manager of Public Works f) Parks: Chair - One Councillor Department Head - Facilities Manager g) Planning: Chair - Councillor Department Head - Clerk h) Economic Development: Chair - One Councillor Department Head - Administrator ../19 . Kincardine Procedural By-law Page 19 24.1 IN-CAMERA SESSIONS The Council and any committee shall recess and go "in-camera" to carryon debate whenever any of the situations delineated in Schedule "A" arise at a meeting. . 24.2 The rules governing the procedure of an "in-camera" session and the conduct of members in an "in-camera" session shall be as set out in this by-law except that: 24.2.1 no motions may be voted on except a motion to come out of the "in-camera" session; 24.2.2 the number of times of speaking to any question shall not be limited, provided no member shall speak more than once until every member who desires to do so shall have spoken. 24.3 A motion to adjourn the "in-camera" session shall always be in order and be decided without debate, except when a member is in possession of the floor. 25.0 ADJOURNMENT AND CURFEW 25.1 A motion to adjourn a meeting shall be in order, except: 25.1.1 when another member is in possession of the floor; 25.1.2 when it has been decided that the vote be now taken; 25.1.3 during the taking of a vote. 25.2 No subsequent motions to adjourn shall be made after an intermediate proceeding shall have place in each case. until taken 25.3 A Council meeting shall be deemed to be automatically adjourned at the hour of 11:00 p.m. if in session at that hour, unless otherwise determined by resolution passed by two thirds of the members present. 25.4 Where, under subsection 25.3 above, a meeting continues past 11:00 p.m., the meeting shall be deemed to be automatically adjourned at the hour of midnight unless such proceedings be authorized to continue past that hour by a resolution passed with the unanimous support of all members present. . ./20 . . . Kincardine Procedural By-law Page 20 25.5 Where a person has been deemed guilty of improper conduct by the chair and is expelled or excluded from the meeting by the chair and such person refuses to so leave, the chair may adjourn the meeting without any motion to do so until such time as the person has left the meeting room. 26.0 SUMMARY By-Law Number 2099, as amended, is hereby be and the same repealed. 26.2 This by-law shall come into full force and effect upon its final passage. 26.1 26.3 This by-law may be By-Law". cited as the "Procedural READ a FIRST and SECOND time this 17th day of June, 1993. READ a THIRD time and FINALLY PASSED this 5th day of August, 1993. /~~ a r ¿1& - Clerk 1.0 . . Schedule "A" By-Law Number 1993-40. In-Camera Requirements The following items are confidential in nature and the Councilor Committee as in in- camera sessions: to be considered shall be discussed by the case may be, only 1.1 When an item concerning the personnel of the corporation in general or any particular personnel of the corporation comes up for consideration; 1.2 When an item concerning the negotiations of the corporation including a matter related to the administration of the consolidated personnel by-law of the the corporation and/or a grievance hearing comes up for consideration; 1.3 When an item concerning any litigation or possible litigation involving the corporation including a quasi litigious matter such as a matter which might be considered by any administrative tribunal comes up for consideration;