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HomeMy WebLinkAboutTWP 95 006 Procedural Bylaw I I I, - . TJŒ: CORPORATION . OF THE TOWNSHIP OF KINCARDINE BY-LAW 95-06 A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL AND COMMITTEES I' 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 I I 2. I I 'I I il II I i , 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 i 3. II I. I (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. . . (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 9 . 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. II I 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. II II 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 j ) to inform the referred to for usage. Council when necessary or when the purpose, on a point of order or I ~ I I I II II :, " ¡ " ¡I 'I II [I I If II Ii II . " '; I] II II II i I I I II I I I " ): :i 'I II 1111. " Ii ,I Ii iÍ :1 'i !: , :1 I, I' 1112. I II II i! ¡I " II II I' II I 13. I I II Ii I I II ij " ii 'I II I . . (3 ) k) to represent and support the Council, declaring its will, and implicitly obeying its decisions in all things. 1 ) 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. . ~ I I 'I II 116. I 17. 18. - . (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. I 121. I i 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. I ,I 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; II i I I I , II II " :i II II II II II ~ I II II II II II 'I I, II II I i I , " " '. . .. " I' I " Ii il " II :I " il II 'I I, H Ii II I I 1/28. " II II Ii 'I 'I I, ;1 II II ¡'¡ !I II 29. !I 'I II !I " , ,¡ :i " :¡ 'I I: 30. II i' " " " !I II I' ,I II 31. II I II Ii 'I II I 32. I 33. . . (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 '~~ ' 0..Jß REEVE ' TIME THIS II II I