HomeMy WebLinkAboutTWP 95 006 Procedural Bylaw
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TJŒ: CORPORATION
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OF THE TOWNSHIP OF KINCARDINE
BY-LAW 95-06
A BY-LAW TO GOVERN THE PROCEEDINGS OF
COUNCIL AND COMMITTEES
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The Council of the Corporation of the Township of Kincardine
enacts as follows:
1. In this By-Law
a) "Clerk" means the Clerk of the Township of
Kincardine
b) "Council" means the Council of the Township of
Kincardine
c) "Head" of the Council means the Reeve of the
Township of Kincardine
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The rules and regulations contained in this by-law shall
be observed in all proceedings of the Council and shall
be the rules and regulations for the order and dispatch
of business in the Council and in the Committees thereof,
provided that the rules and regulations contained herein
may be suspended by a vote of the Council and in any case
for which provision is not made herein the procedure to
be followed shall be, as near as may be, that followed in
the Legislative Assembly of Ontario and its Committees.
COUNCIL MEETINGS
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(a) Meetings of the Council shall be held at the Council
Chambers adopted and use by the Council from time to
time for such purpose. The Inaugural Meeting of
Council shall take place at 11:00 a.m. on the First
Monday of December following a regular election.
(b) The next and each succeeding regular meeting of
Council shall be held on the First and Third Monday
of each month commencinq at 7:30 p.m.
(c) When the day for a regular meeting of Council is a
public or civic holiday, the Council shall, unless
the Council decides otherwise, meet at the same hour
on the next following day which is not a public or
civic holiday.
(d) In case of inclement weather the Head of Council may
cancel a Regular or Special Meeting and re-schedule
for the same hour on the next following day or on a
day and time agreed to by a simple majority of
Council.
4 .
The Head of Council may at any time summon a special
meeting of Council on 24 hours notice to the Members of
Council, or upon receipt of the 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. Notice of all special meetings of
Council shall be given to the Members through the Clerk's
Office. The only business to be dealt with at a special
meeting is that which is listed in the notice of the
meeting or with unanimous consent from Council.
5. In case of the absence of the Head of Council from the
Municipality, or if he is absent through illness, or he
refuses to act or if his office is vacant, the Deputy-
Reeve shall be appointed to act from time to time in
place and instead of the Head of Council and he shall
have all the rights, powers, and authority of the Head of
Council, while so doing.
6.
after the hour fixed for the holding of the
of the Council as quorum is present, the Head of
shall take the Chair and call the meeting to
As soon
meeting
Council
order.
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(2 )
ABSENCE OF HEAD OF COUNCIL
7. Subject to the provisions of the Municipal Act, and where
no Presiding Officer has been appointed under Clause 5 of
this by-law, in case the Head of Council does 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 Head of Council shall be
appointed from among the Members present and he shall
preside until the arrival of the Head of Council and
while so presiding the acting Head of Council shall have
the powers of the Head of Council.
NO QUORUM
8.
If no quorum is present one half hour
appointed for a meeting of the Council,
record the names of the Members present
shall stand adjourned until the date of
meeting.
after the time
the Clerk shall
and the meeting
the next regular
CURFEW
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No items of business may be dealt with at
meeting after twelve (12) a.m. unless a motion
to carryon with the business on the agenda.
a Council
is passed
THE CONDUCT OF PROCEEDINGS AT A MEETING OF COUNCIL
110.
It shall be the duty of the Head of Councilor other
Presiding Officer,
a) to open the meeting of Council by taking the chair
and calling the members to order.
b) to receive and submit, in the proper manner, all
motions presented by members of Council.
c)
to put to vote all questions which
moved and seconded, or necessarily
course of proceedings, and to announce
are regularly
arise in the
the result.
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d)
to decline to put to vote motions which infringe the
rules of procedure.
e) to restrain the Members, within the rules of order,
when engaged in debate.
f)
to enforce on all occasions the observance of order
and decorum among the Members.
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g)
to call by name any Member persisting in breach of
the rules of order of the Council, thereby ordering
him to vacate the Council Chamber.
h) to receive all messages and other communications and
announce them to the Council.
i)
to authenticate, by his signature
all by-laws, resolutions, and
Council.
when necessary,
minutes of the
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to inform the
referred to for
usage.
Council when necessary or when
the purpose, on a point of order or
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(3 )
k) to represent and support the Council, declaring its
will, and implicitly obeying its decisions in all
things.
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that the decisions of Council are in
with the laws and by-laws governing the
of the Council.
to ensure
conformity
activities
m)
to adjourn the
concluded.
is
meeting when the business
n)
to adjourn the
case of grave
Chamber.
meeting without question put in the
disorder arising in the Council
AGENDA
The Clerk shall have prepared and printed for the use of
the Members at the regular meetings of Council an agenda.
It shall be the duty of the Clerk to ensure that the
minutes of the last regular meeting and all special and
standing Committee meetings are in the hands of Members
of Council 48 hours in advance of the next meeting.
Any member of Council, at any
preparation of agenda, may file an
the agenda under new business.
time prior to the
item for inclusion in
The business of the Council shall
up in the order in which it stands
otherwise decided by the Council.
in all cases be taken
upon the agenda unless
MINUTES
Minutes shall record:
a) the place, date and time of meeting;
b) the names of the Presiding Officer or Officers and
record of the attendance of the Members;
c) the correction and adoption of the minutes of prior
meetings;
d) all other proceedings of the meeting without note or
comment.
PETITIONS AND COMMUNICATIONS
14. Every communication, including a petition designed to be
I presented to the Council, shall not contain any obscene
\ or improper matter of language as determined by the Clerk
and shall be placed on the agenda for consideration.
Submissions must be received by the Clerk not less than
forty-eight working hours before the commencement of the
meeting of Council. Any group attending the Council
meeting shall assign one spokesperson to speak on their
behalf .
DEPUTATIONS
15. Persons desiring to present information verbally on
matters of fact or make a request of Council shall give
notice to the Clerk not less than forty-eight working
hours before the commencement of the meeting of the
Council and may be heard by leave of the Presiding
Officer of Council, but shall be limited in speaking to
not more than fifteen (15) minutes.
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116.
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(4 )
READING OF BY-LAWS AND PROCEEDINGS THEREON
No by-law except
Council shall be
matter thereof
Council.
a by-law
presented
has been
to confirm the proceedings of
to Council unless the subject
considered and approved by
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 provisions of any act and shall be complete with the
exception of the number and date thereof.
19. Every by-law shall have three readings prior to it being
passed.
20. The first reading of a by-law shall be decided without
amendment or debate.
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If the Council determines that the by-law is
considered in Committee of the Whole, it shall
considered previous to the third reading thereof.
to be
be so
22. If Council so determines, a by-law may be taken as read.
23. The Clerk shall set out on all by-laws enacted by
Council, the date of the several readings thereof.
24.
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Every by-law enacted by the Council shall be numbered and
dated and shall be sealed with the seal of the
Corporation and signed by the Clerk and the Presiding
Officer and shall be deposited by the Clerk in his/her
office for safekeeping.
VOTING ON MOTIONS
25. Unrecorded Vote - The manner of determining the decision
of the Council on a motion shall be at the discretion of
the Presiding Officer and may be by voice, show of hands,
standing or otherwise.
26. Recorded Vote - When a Member present requests a recorded
vote, all Members present at the Councilor Committee
meetings must vote in alphabetical order, unless
otherwise prohibited by statute. The names of those who
voted for and others who voted against shall be noted in
the minutes. The Clerk shall announce the results. A
request for a recorded vote can be made immediately prior
to an unrecorded vote being taken. The Reeve of the
Municipality shall have the decided vote in the case of a
tie vote.
27. No Member shall:
CONDUCT OF MEMBERS OF COUNCIL
1) use offensive words of unparliamentary language in
or against the Councilor against any Member,
2) speak on any subject other than the subject in
debate,
3) criticize any decision of the Council except for the
purpose of moving that question be reconsidered;
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32.
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(5)
4) disobey the rules of the Councilor a decision of
the Presiding Officer or of the Council on questions
of order or practice or upon the interpretation of
the rules of the Council: and in case a Member
persists in any such disobedience after having been
called to order by the Presiding Officer, the
Presiding Officer may forthwith put the question, no
amendment, adjournment or debate being allowed,
"that such Member be ordered to leave his seat for
the duration of the meeting of the Council" but if
the Member apologizes, he may, by vote of Council be
permitted to retake his seat. If the Member refuses
to retake his seat, an apology must be made in order
to return next meeting.
Members of Council shall receive remuneration for
attendance regular meetings and special meetings, or
meeting where minutes are recorded. Remuneration shall
not be received for invitational events unless Member is
asked to speak on behalf of the Municipality.
RULES OF DEBATE
The Presiding Officer
In directing the course of debate, the Presiding Officer
shall;
a) designate the member who has the floor when two or
more members desire to speak;
b) preserve order and decide questions of order;
c)
read all motions presented in writing and state all
motions presented verbally before permitting debate
on the question, except when otherwise provided in
this by-law.
SUSPENSION OF RULES
Any procedure
with consent
present.
required by this by-law may be suspended
of a majority of the Members of Council
AMENDMENT
No amendment of repeal of this by-law or any part thereof
shall be considered at any meeting of the Council unless
notice of proposed amendment or repeal has been given at
a previous regular meeting of the Council and the waiving
of this notice by the Council is prohibited.
EFFECTIVE DATE
This by-law shall become effective upon the date of
enactment.
Where any by-law passed prior to this by-law conflicts
with this by-law the terms of this by-law shall prevail.
d/f.¡,) DAY OF FEBRUARY,
2?;2/;,,£¿!!~~
PASSED, SIGNED AND SEALED THIS ..l.3AJ DAY
~~~~¿f~)h;').J
READ A FIRST AND SECOND
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REEVE '
TIME THIS
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