HomeMy WebLinkAboutKIN 93 040 Amended by No. 97 73
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THE CORPORATION OF THE TOWN OF KINCARDINE
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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
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.
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
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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.
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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.
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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.
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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
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9.0
9.1
9.2
9.3
9.4
9.5
9.6
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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.
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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:
.
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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.
.
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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.
.
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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.
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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.
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.
17.3
.
17.4
17.5
17.6
17.7
17.8
17.9
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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.
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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.
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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.
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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
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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.
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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
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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
.
.
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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;