HomeMy WebLinkAbout13 161 Municipality of Kincardine 2013 Procedure By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2013 -161
BEING A BY -LAW TO GOVERN THE CALLING, PLACE AND PROCEEDINGS
OF MEETINGS
WHEREAS pursuant to Subsection 238 (2) of the Municipal Act, 2001, S.O.
2001, c.25, every municipality and local board shall pass a procedure by -law for
governing the calling, place and proceedings of meetings;
• AND WHEREAS pursuant to Subsection 238 (2.1) of the Municipal Act, 2001,
S.O. 2001, c.25, the procedure by -law shall provide for public notice of meetings;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Procedure By -law attached hereto as Schedule "A" and
forming part of this by -law, is hereby adopted.
2. That By -law No. 2007 -070, By -law No. 2009 -015, By -law No. 2011-
007, By -law No. 2011 -050, and By -law No. 2011 -096 are hereby
repealed.
3. This By -law shall come into force and effect the day after its final
passage.
4. This By -law may be cited as the "Municipality of Kincardine 2013
Procedure By -law ".
• READ a FIRST . • • SE OND time this 18 day of December, 2013.
4 Mayor Clerk
READ THIRD t i n e and FINALLY PASSED this 18 day of December, 2013.
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MUNICIPALITY OF KINCARDINE
PROCEDURE BY -LAW
BY -LAW NO. 2013 -161
Municipality of Kincardine Procedure By -Law
By -law No. 2013 - 161
Schedule "A"
TABLE OF CONTENTS
SECTION "A"
Subsection Title Page
Al. DEFINITIONS 4
A2. GENERAL 5
A3. QUORUM 8
A4. INAUGURAL MEETING 8
A5. REGULAR MEETING 9
A6. ABSENTEEISM AND LEAVE OF ABSENCE 9
A7. NOTICE OF REGULAR MEETING AND AGENDA 10
A8. SPECIAL MEETINGS 10
A9. COMMENCEMENT OF MEETINGS 10
A10. ORDER OF BUSINESS 11
All. PUBLIC FORUM 12
Al2. MINUTES 12
A13. COMMUNICATION & PETITIONS TO COUNCIL 13
A14. BY -LAWS 13
A15. DELEGATIONS 14
A16. CONSENT AGENDA 15
A17. GENERAL ANNOUNCEMENTS 15
A18. CLOSED SESSION 15
A19. ADJOURNMENT 17
A20. RULES OF DEBATE AND CONDUCT 17
A21. QUESTIONS OF PRIVILEGE AND POINTS OF ORDER 18
A22. MOTIONS AND ORDER OR PUTTING QUESTIONS 19
A23. VOTING 21
A24. PARLIAMENTARY PROCEDURE 22
A25. SUSPENSION AND AMENDMENT OF RULES 22
A26. RULES SHALL APPLY TO COMMITTEES AND BOARDS 23
SECTION "B"
COMMITTEE OF THE WHOLE
Subsection Title Page
B1. CONSTITUTION 24
B2. ORDER OF BUSINESS — COMMITTEE OF THE WHOLE
MEETINGS 24
B3. AREAS OF RESPONSIBILITY 24
B4. RULES OF PROCEDURE 24
B5. REPORT SCHEDULE 25
B6. REPORTING SCHEDULE GROUPS /BOARDS /ORGANIZATIONS 26
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Schedule "A"
SECTION "C"
COMMITTEES AND BOARDS
Subsection Title Page
C1. GENERAL RESPONSIBILITIES OF COMMITTEES 27
C2. DUTIES AND RESPONSIBILTIES OF COMMITTEE CHAIRS 27
C3. NOTICE OF MEETINGS 28
C4. QUORUM 28
C5. MAYOR: EX- OFFICIO MEMBER 28
C6. APPOINTMENTS TO AUTHORITIES, COMMITTEES & BOARDS 28
C7. APPOINTMENTS REQUIRED TO BE MADE BY COUNCIL 29
C8. APPOINTED COMMITTEES TO NAME CHAIR 30
C9. APPOINTMENT OF A SECRETARY 31
010. REMUNERATION 31
C11. DURATION OF APPOINTMENTS 31
SECTION "D"
DELEGATION REQUEST FORM
Subsection Title Page
D DELEGATION REQUEST FORM 32
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Schedule "A"
SECTION "A"
Al. DEFINITIONS
A1.1 "Ad Hoc Committee" means a committee appointed to review and report on a specific
issue; once the report is delivered, the Ad Hoc Committee is automatically dissolved.
A1.2 "Clerk" shall mean the Clerk of The Corporation of the Municipality of Kincardine.
A1.3 "Chair" means the person presiding at a meeting.
A1.4 "Chief Administrative Officer" shall mean the Chief Administrative Officer of The
Corporation of the Municipality of Kincardine.
A1.5 "Closed Meeting" means a meeting or part of a meeting closed to the public.
A1.6 "Committee" means a group of individuals appointed by Council in an advisory
capacity.
A1.7 "Council" shall mean the Council of The Corporation of the Municipality of Kincardine.
A1.8 "Local Board" means a local board as defined in the Municipal Act.
A1.9 "Member" means a member of the Council or a Committee, as the case may be.
A1.10 "Meeting" means any regular, special, committee or other meeting of a council or local
board.
A1.11 "Motion" means a question to be considered by the Council or a Committee which is
moved, seconded, and presented, read and is subject to debate. When a motion is
carried, it becomes a resolution.
A1.12 "Municipality" means The Corporation of the Municipality of Kincardine.
A1.13 "Recorded Vote" means where a vote is taken for any purpose and a member of
Council requests immediately prior to or immediately subsequent to the taking of the
vote that the vote be recorded, each member present except a member who is
disqualified from voting by any Act shall announce his /her vote openly and any failure
to vote by a member who is not disqualified shall be deemed to be a negative vote
and the Clerk shall record each vote.
A1.14 "Standing Committee" means a committee appointed to review and report on an area
of ongoing interest to the Municipality and that continues to do so on an indefinite
basis.
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Schedule "A"
A2. GENERAL
A2.1 Role of Council
A2.1.1 To represent the public and to consider the well -being and interests of the
Municipality;
A2.1.2 To develop and evaluate policies and programs of the Municipality;
A2.1.3 To determine which services the Municipality provides;
A2.1.4 To ensure that administrative policies, practices and procedures and
controllership policies, practices and procedures are in place to implement
the decisions of Council;
A2.1.5 To ensure the accountability and transparency of the operations of the
Municipality, including the activities of the senior management of the
Municipality;
A2.1.6 To maintain the financial integrity of the Municipality; and
A2.1.7 To carry out the duties of council under the Municipal Act or any other Act.
A2.2 Role of Mayor
A2.2.1. To act as Chief Executive Officer of the Municipality and as Chief
Executive Officer shall:
a) uphold and promote the purposes of the municipality;
b) promote public involvement in municipality's activities;
c) act as the representative of the municipality both within and outside
the municipality, and promote the municipality locally, nationally
and internationally;
d) participate in and foster activities that enhance the economic, social
and environmental well -being of the municipality and its residents.
A2.2.2 To preside over council meetings so that its business can be carried out
efficiently and effectively;
A2.2.3 To provide leadership to the Council;
A2.2.4 Without limiting subsection A2.2.3, to provide information and
recommendations to the Council with respect to the role of Council
described in subsections A2.1.4 & A2.1.5;
A2.2.5 To represent the Municipality at official functions;
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Schedule "A"
A2.2.6 To carry out the duties of the head of Council under the Municipal Act or
any other act;
A2.2.7 To act as Council's representative when dealing with other levels of
government, their agencies and the private sector;
A2.2.8 To serve on the Council of the County of Bruce;
A2.2.9 To serve as an ex- officio member of all municipal authorities, committees
and boards established or appointed by Council (the Mayor may vote and
otherwise participate, unless prohibited by law, in the business of the
municipal authority, committee or board on the same basis as any other
committee member).
A2.3 Role of Chief Administrative Officer (CAO)
A2.3.1 To exercise general control and management of the affairs of the
Municipality for the purpose of ensuring the efficient and effective
operation of the Municipality;
A2.3.2 To ensure implementation of Council's decisions and establishment of
administrative practices and procedures to carry out Council's decisions;
A2.3.3 To ensure undertaking of research and provision of advice to Council on
the policies and programs of the Municipality;
A2.3.4 To carry out such other duties required under the Municipal Act or any
other act and other duties assigned by the Council.
A2.4 Role of Clerk
2.4.1 Record without note or comment, all resolutions, decisions and other
proceedings of the Council;
2.4.2 If required by any member present at a vote, to record the name and vote
of every member voting on any matter or question;
2.4.3 To keep the originals or copies of all by -laws and of all minutes of the
proceedings of the Council;
2.4.4 To make such minor modifications or corrections of an administrative,
numerical, grammatical, or descriptive nature or kind to any by -law,
motion or resolution and /or minutes as they may be required for the
purpose of ensuring correct and complete implementation of the actions of
Council and where such modifications or corrections do not alter the
intent;
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2.4.5 To perform any other duties required under the Municipal Act or under any
other Act;
2.4.6 To perform such other duties as are assigned by the Municipality.
A2.5 Meetings of Council
A2.5.1 Except as provided in Section 18, all meetings shall be open to the public.
A2.5.2 The Mayor shall preside at all meetings of the Council.
A2.5.3 The Chair may expel any person for improper conduct at a meeting. In the
absence of the Mayor, the Deputy Mayor shall assume the responsibilities,
and have the powers of the Mayor under this by -law.
A2.5.4 In the absence of the Mayor, the Deputy Mayor shall assume the
responsibilities, and have the powers of the Mayor under this by -law.
A2.5.5 Members of the Public at a meeting, shall not:
(a) address Council or Committee without permission;
(b) use indecent, offensive, defamatory, disrespectful or insulting
language;
(c) bring food or beverages into the Council Chamber or meeting room
unless so authorized;
(d) bring signage, placards or banners into such meetings;
(e) engage in any activity or behavior that would disrupt the Council or
Committee deliberations;
(f) bring into the meeting room, telephones, pagers or other electronic
devices which emit a sound, unless such devices are turned off or
silenced.
A2.5.6 Council or committee meetings, not held in closed, may be taped,
televised or otherwise electronically or mechanically recorded by a cable
television company, by another licensed telecommunications company or
by any other media in such a manner as not to interfere with the
proceedings of the meeting with advance notification to the Clerk, Chair or
Chair of the Committee as the case may be.
A2.5.7 Should the recording interfere with the proceedings of the Council
meeting, the recording privileges may be withdrawn. The ruling of the
Presiding Office or Chair shall be final unless by appeal to the Council
which shall decide on the question without debate.
A2.5.8 At meetings of Council or its Committees, the use of cameras, electronic
lighting equipment, flash bulbs, recording equipment and any other device
of a mechanical, electronic or similar nature used for transcribing or
recording proceedings by auditory or visual means by any person other
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than the media or the recording secretary of the meeting including but not
limited to members of the public is prohibited unless authorized in
advance by the Clerk, CAO or Chair.
A2.5.9 When exercising the discretion to authorize the use of equipment such as
described above, regard shall be had as to whether the use will be a
distraction to the meeting, whether the use is required for an accessibility
reason and also as to whether there is a recording secretary present with
the capability of providing a record of the meeting.
A2.6 Public Notice
A2.6.1 Public notice of meetings will be provided on the municipal website and
also in accordance with the Municipality's Notice By -law.
A3. QUORUM
A3.1. A majority of the whole number of members required to constitute the
Council shall be necessary to be present in person to form a quorum
pursuant to subsection 237 (1) of the Municipal Act, 2001. Council
members may observe or listen to meetings via telephone, Skype, etc.,
however, may not speak or participate in debate and do not count for
quorum.
A3.2. Where the number of members who, by reason of the provisions of the
Municipal Conflict of Interest Act, are disabled from participating in a
meeting is such that at that meeting the remaining members are not of
sufficient number to constitute a quorum, then, despite any other general
or special Act, the remaining number of members shall be deemed to
constitute a quorum, provided such number is not less than two.
A3.3. Unless a quorum is present within fifteen (15) minutes after the time
appointed for the meeting of the Council, the Council shall stand
adjourned either until a special meeting is called to deal with the matters
intended to be dealt with at the adjourned meeting, or until the convening
of the next regular scheduled meeting of the Council.
A4 INAUGURAL MEETING
A4.1 The inaugural meeting of a new Council shall be held in the first
Wednesday in December at 5:00 p.m. in the Municipal Council Chambers.
In the event it is necessary to cancel the scheduled inaugural meeting, the
Mayor -Elect shall decide upon the next suitable date and time for the
Inaugural Meeting of Council to be held.
A4.2 The inaugural meeting of the new Council shall be opened with a prayer
with the officiating clergy selected by the Mayor - Elect.
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A5. REGULAR MEETINGS
A5.1 All regular meetings of Council shall be convened in the Council
Chambers on the first (1 and third (3 Wednesdays of every month at
five o'clock in the afternoon (5:00 p.m.) except during the month of
January of each year when the regular meetings of Council shall be
convened on the second (2 and fourth (4 Wednesdays.
A5.2 Planning /Corporate Services meetings will also be held at five o'clock in
the afternoon (5:00 p.m.) on the second (2 Wednesday of each month
except during the month of January of each year, when the
Planning /Corporate Services meeting of Council shall be convened the
third (3 Wednesday of the month. Despite subsection A5.1, during the
months of July and August of each year, there will be a regular meeting
convened on the first (1 Wednesday of the month only.
A5.3 Where such Wednesday is a holiday within the meaning of the
Interpretation Act, the Council shall meet on the business day next
following the regular day of the meeting and at the same time as specified
in subsection A5.1 above
A5.4 Notwithstanding the provisions of subsection A5.1 and A5.3, where the
regular meeting of the Council falls on a day which has been designated
as nomination day or Election Day for the holding of municipal elections,
the regular council meeting shall be held on the business day next
following.
A5.5 Regular meetings of Council shall not extend beyond the hour of 8:00 p.m.
unless otherwise determined by a vote of the majority of the members
present.
A5.6 Council may, by by -law, change the regularly scheduled meeting day
provided that notice of the change is announced in advance.
A5.7 The Council may, by resolution, provide that meetings may be held at a
place other than at the Municipal Administration Centre, including an
adjacent municipality.
A6. ABSENTEEISM AND LEAVE OF ABSENCE
A6.1 All members will endeavour to provide substantive notice of such absence
to the Clerk at least forty -eight (48) hours prior to the commencement of
the meeting from which the member shall be absent.
A6.2 Where a member is absent from the meetings of Council for three
successive months without being authorized to do so by a resolution of
Council, the office of that member shall be declared to become vacant and
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procedures as set out in Section 263 of the Municipal Act, 2001 shall
apply.
A6.3 If a member desires to leave a meeting of Council prior to adjournment,
and not return thereto, he /she shall so advise the Mayor at the beginning
of the meeting and the time of him /her departure shall be recorded in the
minutes.
A7. NOTICE OF REGULAR MEETINGS AND AGENDA
A7.1 Notice shall not be required to be given of regular meetings of the Council
unless the day of the meeting is other than that provided in this by -law.
The mailing out or delivery of agendas therefore shall be considered as
adequate notice of such regular meetings.
A7.2 The Clerk will endeavour to ensure that agendas are delivered to each
member of Council not later than forty -eight (48) hours prior to a regular
meeting of Council.
A7.3 The agenda for a Council meeting will be posted on the municipal website.
Paper copies will be made available to members of the news media and to
the public at the time the meeting commences.
A8. SPECIAL MEETINGS
A8.1 The Mayor or in the absence of the Mayor, the Deputy Mayor, may at any
time call a special meeting or upon receipt of a petition of the majority of
the members of the Council, the Clerk shall call a special meeting for the
purpose and at the time mentioned in the petition.
A8.2 At least forty -eight (48) hours' notice of all special council meetings shall
be given by the Clerk. Such notice shall be hand delivered, transmitted by
facsimile or via E -mail, or telephone, to the members of Council.
A8.3 At special meetings of the Council, it shall not be competent to consider or
decide upon any matter unless such matter has been listed in the notice
calling the meeting.
A8.4 Notwithstanding the provisions of subsection A8.2, in the event of a bona
fide emergency, a meeting may be held as soon as practicable following
receipt of the summons or petition, as the case may be, and notice may
be given by telephone, personal contact or e-mail as determined by the
Clerk.
A9. COMMENCEMENT OF MEETINGS
A9.1 Subject to Section A3, as soon after the hour of meeting as there shall be
a quorum present, the Mayor shall take the chair and call the members
present to order.
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A9.2 Upon the absence of the Mayor and the Deputy Mayor, the Council may
from amongst the members present, appoint a presiding officer, who,
during such absence shall assume the responsibilities and have the
powers of the Mayor under this by -law.
A10. ORDER OF BUSINESS
A10.1 The Business shall in all cases be taken up in the general order in which it
stands upon the agenda, unless otherwise determined upon a vote of the
majority of the members present, and all questions relating to the priority
of business shall be decided without debate.
REGULAR COUNCIL MEETINGS
The order of business for Regular Meetings of the Council shall be:
a) Call to Order
b) Roll Call
c) Amendments, Additions or Deletions to /from the Agenda
d) Disclosure of Pecuniary Interest
e) Public Forum
f) Adoption of Minutes of Regular and Special Meetings of Council
g) Presentations and Petitions
h) Motions and Notice of Motion
i) Consideration of By -laws
j) Committee of the Whole
k) Matters Arising from Committee of the Whole
I) Members of Council General Announcements
m) Closed Session if required
n) Matters Arising from Closed Session
o) Confirmatory By -law
p) Adjournment
The order of business for Planning /Corporate Services Meetings shall be:
a) Call to Order
b) Roll Call
c) Amendments, Additions or Deletions to /from the Agenda
d) Disclosure of Pecuniary Interest
e) Public Meetings (Planning Advisory Committee)
f) Motions
g) Consideration of By -laws
h) Committee of the Whole
i) Matters Arising from Planning Advisory
Committee /Committee of the Whole
j) Members of Council General Announcements
k) Closed Session if required
I) Matters Arising from Closed Session
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m) Adjournment
SPECIAL COUNCIL MEETINGS
The order of business for Special Meetings of Council shall be:
a) Call to Order
b) Roll Call
c) Declaration of Pecuniary Interest
d) Business for which the special meeting is called
e) Adjournment
A10.2 Council may make amendments to the agenda, expressed by resolution.
All. PUBLIC FORUM
A11.1 Members of the public may address Council during this forum on any
matter that is for information only or on existing or proposed policies that
are within Council's jurisdiction.
A11.2 Forum topics shall not include any matter listed on the agenda for the
meeting.
A11.3 A registry will be available in the foyer of the Council Chambers from 4:30
p.m. to 4:55 p.m. where individuals, up to a maximum of three (3) at a
meeting, may sign in to indicate their intent to address Council.
A11.4 A person addressing Council during the public forum shall be limited to a
maximum of three (3) minutes.
A11.5 Council members will not speak to nor debate on the information
presented except for the Chair to acknowledge receipt or for Council to
refer to a Committee or provide direction to staff where appropriate.
Al2. MINUTES
Al2.1 The minutes of such proceedings shall not record any discussion
undertaken in the course of a meeting, but shall only record decisions of
the Council expressed in resolution form and shall record all such
resolutions including those which are affirmatively voted upon by a
majority of the Council members present and those motions which are
defeated.
Al2.2 Presentations, delegations, petitions, and communications received by the
Council in the course of a meeting shall only be referred to in a brief and
summary manner.
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Al2.3 The adoption, by resolution, of the minutes of each and every regular and
special meeting of the Council shall be subsequently ratified and enacted
by confirmatory by -law.
A13. COMMUNICATIONS AND PETITIONS TO COUNCIL
A13.1 Every communication or petition intended for presentation to the Council
must be legibly written, typed or printed and must contain the signature
(except e-mail communications) and contact address of at least one (1)
person and preferably the addresses of all signatories. For all
communications submitted there shall be designated a contact person to
whom the Clerk can communicate on behalf of Council. The Clerk shall list
with the agenda only those communications and petitions received prior to
12:00 (noon) on the Thursday preceding the regular Council meeting.
Correspondence containing obscene or defamatory language shall not be
presented to the Council.
A13.2 All communications or petitions addressed to Council within the
responsibility of a committee or board shall, upon receipt be referred to that
committee or board. Council, through the consent agenda, shall confirm
such referrals. If the petition or communication complains of some present,
personal grievance requiring an immediate remedy, the matter may be
brought into immediate discussion and disposed of forthwith.
A13.3 Resolutions passed and circulated by County of Bruce municipalities shall
be listed on the Consent Agenda.
A14. BY -LAWS
A14.1 Every by -law shall have three readings prior to being passed.
A14.2 All by -laws shall be introduced by motion for a first, second and third
reading and passing under one motion, Any member of Council may ask
to debate the by -law, and that by -law shall be referred to Committee of the
Whole under "Items for Discussion from Council" for further debate.
A14.3 Every by -law when introduced shall be in typewritten form and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with the provisions of any Act, and shall be
complete.
A14.4 If Council so determines, a by -law may be taken as read at any stage of
its presentation.
A14.5 The Clerk shall set out on all by -laws enacted by Council the date of their
readings and passage.
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A14.6 Each and every by -law passed by the Council shall be printed, signed by
the Clerk and by the Head of Council or presiding officer at the meeting at
which the by -law was passed, and shall be sealed with the seal of the
Corporation.
A14.7 Each and every by -law adopted by the Council shall be filed by the Clerk
in the by -law books of the Municipality and shall be indexed and cross -
indexed by number and subject matter.
A15. DELEGATIONS
A15.1 Unless otherwise determined by Council all delegations shall be heard by
Council in Committee of the Whole.
Council authorizes the scheduling of delegations, where appropriate, at
the beginning of the Committee of the Whole portion of Council meetings.
A15.2 Delegations will have the option of appearing before Council in Committee
of the Whole or directly to a committee or board having responsibility
thereof.
A15.3 Any person desiring to be heard as a delegation to Council in Committee
of the Whole shall submit a Delegation Request Form, attached as
Section D, to the Clerk not later than 12:00 p.m. (noon) on the Thursday of
the week preceding the day of the meeting and such a request shall
clearly state key points, action requested and include any presentation
materials (i.e. PowerPoint presentations, handouts, etc.).
A15.4 Delegations addressing Council in Committee of the Whole shall confine
their remarks to the business stated in their request to be heard and shall
present same in a respectful and temperate manner.
A15.5 All delegations within the responsibility of a department, committee or
board shall, upon presentation to Council, be referred to the proper
department, board or committee. No debate shall be allowed on the
presentation of any delegation; however, any Council Member may direct
questions through the Chair to the delegation and certain directions may
be given by Council.
A15.6 Council may at its discretion, expressed by resolution adopted by a
majority vote of its members present, hear any person in Committee of the
Whole.
A15.7 Delegations addressing the Committee of the Whole shall be limited to a
maximum of ten (10) minutes.
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A15.8 A delegation, once heard, shall not be entitled to be heard on substantially
the same matter for a period of 3 months from the date of first being hear,
unless new information is being provided to assist Council /Committee of
the Whole in its decision making. Refusal of request to appear as a
delegation may be appealed to the Mayor.
A15.9 Delegations will not be scheduled whose subject relates to a matter
currently before the courts or administrative tribunals or if frivolous or non -
relevant.
A16. CONSENT AGENDA
A16.1. The Consent Agenda is to deal with items of routine business,
departmental statistical reports, administrative by -laws, administrative
motions and matters unlikely to be subject to debate by Council. Items on
the Consent Agenda will be considered en -masse (with one motion) and
without amendment or debate.
A16.2. The Consent Agenda shall be presented in Committee of the Whole and
considered as a Matter Arising.
A16.3. Members of Committee of the Whole, the CAO, or a citizen may request
one or more items be removed from the Consent Agenda for separate
discussion and action, and this shall be without amendment or debate.
A16.4. The content and order of items on the Consent Agenda shall be:
1. Motions
2. By -laws
3. Statistical Reports
4. Minutes of Committees & Boards
5. Communications
A17. GENERAL ANNOUNCEMENTS
A17.1 Council members may make announcements, recognize achievements,
promote an event or recognize matters of community -wide interest;
however, details will not be recorded in the minutes.
A18. CLOSED SESSION
A18.1 Except as provided in this by -law, all meetings shall be open to the public.
A meeting or part of a meeting may be closed to the public if the subject
matter being considered is;
(a) the security of the property of the municipality or local board;
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(b) personal matters about an identifiable individual, including
municipal or local board employees;
(c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matter before
administrative tribunals;
(f) advice that is subject to solicitor - client privilege, including
communications necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other
body may hold a closed meeting under the Act.
A18.2 A meeting shall be closed to the public if the subject matter relates to the
consideration of a request under the Municipal Freedom of Information
and Protection of Privacy Act if the council, or board or other body is
designated the head of the institution for the purposes of that Act.
A18.3 A meeting of Council or local board or of a committee of either of them
may be closed to the public if the following conditions are both satisfied;
1. The meeting is held for the purpose of education or training the
members.
2. At the meeting, no member discusses or otherwise deals with any
matter in a way that materially advances the business or decision -
making of the Council, local board, or committee.
A18.4 Before holding a meeting or part of a meeting that is to be closed to the
public, Council or local board or committee of either of them shall state by
resolution;
a. the fact of the holding of the closed meeting and the general nature
of the matter to be considered at the closed meeting; or
b. in the case of a meeting under Subsection 18.3, the fact of the
holding of the closed meeting, the general nature of its subject -
matter and that it is to be closed under subsection 239 (3.1) of the
Municipal Act, 2001.
A18.5 Subject to Subsection A18.6, a meeting shall not be closed to the public
during the taking of a vote.
A18.6 Despite Subsection A18.5, a meeting may be closed to the public during a
vote if,
a. the subject matter falls into a category where a closed session is
allowed; and,
b. the vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the municipality or
local board or committee of either of them or persons retained by or
under contract with the municipality or local board.
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A18.7 All confidential reports shall be distributed to Council members in paper
copy and shall be returned to the Clerk at end of meeting where report
considered, unless agreed to by Council
A19. ADJOURNMENT
A19.1 A motion to adjourn the Council or adjourn the debate shall always be in
order except:
(a) when a member is in possession of the floor;
(b) when a recorded vote has been called for;
(c) when the members are voting;
(d) when it has been decided that the main question shall be put
forthwith.
A19.2 When a motion to adjourn is defeated, no second motion to the same
effect may be made until there has been some intermediate proceeding.
A20. RULES OF DEBATE AND CONDUCT
A20.1 The Mayor shall preserve order and decorum, and shall decide questions
of order, subject to an appeal to the Council.
A20.2 Every member, previous to speaking on any question or motion, shall
indicate the wish to speak by raising their hand and when so recognized
shall address the Mayor.
A20.3 When a motion is presented, it shall be read by the Chair or the Clerk,
before debate.
A20.4 When two or more members simultaneously indicate a wish to speak, the
Chair shall name the Member to be recognized. When a member is
speaking, no other member shall hold discourse which may interrupt or
pass between the speaker and the Chair.
A20.5 Any member may request the question or motion under discussion to be
read at any time during the debate, but may not interrupt a member
speaking in order to make such a request.
A20.6 No member shall speak twice to a question without leave of the Council
and shall not speak a second time to the question where another member
wishes the floor who has not spoken the first time to the question, except
in explanation of a material part of their speech which may have been
misunderstood.
A20.7 No member shall speak to the same question or in reply for longer than
three (3) minutes.
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A20.8 No member shall speak disrespectfully, or use abusive or
unparliamentarily words of expressions in Council. No member shall
speak beside the question in debate. No member shall criticize any vote of
the Council, except for the purpose of moving that such vote be
reconsidered. No person shall breach the rules of the Council, the
decision of the Mayor or of the Council, on questions or order of
procedure.
A20.9 In case any member should breach such rules, the member may be
ordered by the Chair, to refrain from any further comment. In the event
such member continues to commit a breach of protocol, he /she will be
asked to leave their seat for that meeting. No member shall be permitted
to retake their seat at any meeting after being ordered by the Chair to
vacate for committing a breach of any rule or order of the Council, without
making an apology and receiving the consent of Council, expressed by a
majority of the members present determined without debate.
A20.10 The Mayor may leave the chair for the purpose of taking part in a debate
or otherwise. The Mayor shall first appoint a member of Council, who has
not spoken to the question, to take the chair until the Mayor resumes the
chair, after the question has been decided.
A21. QUESTIONS OF PRIVILEGE AND POINTS OF ORDER
A21.1 Whenever any point, privilege, order or matter of urgency arises, it shall
be immediately taken into consideration.
A21.2 When the Mayor is called on to decide a point or order of procedure the
point shall be stated without necessary comment, and the Mayor or
presiding officer shall state the rule or authority applicable.
A21.3 When a point of order is raised, or when a member is called or order from
the chair, the Mayor shall then decide the point of order. The member may
be permitted to explain. The decision of the Mayor shall be final, unless an
appeal is made to the Council, in which case the question: "Shall the ruling
of the chair be sustained ?" shall be determined without debate by vote. If
the appeal is upheld, the chair shall change his /her ruling accordingly. If
the appeal is rejected, then the ruling stands.
A21.4 Whenever the Mayor is of the opinion that any motion offered to the
Council is contrary to the rules of the Council, he /she shall advise the
members thereof immediately and quote the rule or authorities applicable.
Argument or comment shall not be permitted.
A21.5 Where a member considers that his /her integrity or the integrity of the
Council has been impugned, the member may as a matter of personal
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privilege, rise at any time for the purpose of drawing the Mayor's attention
to the matter.
A22. MOTIONS AND ORDER OF PUTTING QUESTIONS
A22.1 Notice shall be given of all motions for introducing new matter, other than
a point of order or a matter of urgency, and no motion shall be discussed
unless such notice has been given at the regular meeting of the Council,
or is filed with the Clerk by 12:00 p.m. (noon) on the Thursday preceding
the date of the meeting at which the motion is to be introduced; and the
motion shall be printed in full in the agenda for that meeting of the Council
and for each successive meeting of Council, until the motion is considered
or otherwise disposed. The motion shall be submitted to the Clerk in
writing and shall be complete and correct.
The presentation of a notice of motion does not require a seconder for the
motion until it comes before a meeting for debate.
When a motion has appeared on 2 successive Council meeting agendas
and not dealt with, it shall be deemed to have been withdrawn and be
dropped from the agenda unless Council otherwise decides.
A22.2 Council members may provide notice of motion for a subsequent meeting
and such notice shall provide the subject and purpose without
commentary or debate.
A22.3 The Municipality of Kincardine shall not consider requests for
proclamations.
A22.4 Any motion may be introduced without notice with the approval of the
majority of Council.
A22.5 Every motion shall be in writing and when duly moved and seconded and
stated by the Mayor or Clerk shall be open for consideration.
A22.6 After a motion is moved, seconded, and read aloud it shall be deemed to
be in possession of the Council, but may with the permission of the
Council be withdrawn at the joint request of the mover and seconder at
any time before decision or amendment.
A22.7 Before a motion is stated, a member of Council may ask if the mover and
seconder of the motion would accept a change in it, termed a friendly
amendment. They may either accept or reject the proposed change. If the
proposed change is rejected, the member suggesting the change can
propose an amendment after the motion has been placed before the
meeting. If the change is accepted, the changed motion will be read.
Friendly amendments shall not be recorded in the minutes.
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A22.8 Save as otherwise provided, all amendments to motions:
(a) Shall be in writing and seconded; Shall be decided upon or withdrawn
before the main question is put forth;
(b) Shall not be further amended more than once provided that further
amendment may be made to the main question;
(c) Shall be relevant to the question;
(d) Shall not be received proposing a direct negative to the question;
(e) May propose a separate and distinct disposition of a question;
(f) Shall be put in reverse order to that in which it is moved.
A22.9 A motion for reference, until it is decided, shall preclude all amendment of
the main question. If the motion for reference is carried, the main motion
and any amendments thereto shall be deemed to be withdrawn.
A22.10 When a question is under debate, no motion shall be received except for
the following purposes and according to the listed priorities namely:
Not Debatable
(a) To extend the hour of automatic adjournment.
(b) To adjourn the meeting.
(c) The main question.
(d) To table (indefinite postponement).
Debatable
(e) To postpone to a definite date.
(f) To refer to a committee. To amend.
A22.11 The Mayor may call for a vote after each member has spoken once. A
motion to call the question may be introduced and with a two- thirds vote of
the members present that question shall then be voted upon and it shall
preclude all amendments or further debate on the main question.
A22.12 It shall be the duty of the Mayor or the Clerk, or any member of the
Council, whenever it shall be conceived that a motion received and read,
may be contrary (ultra vires) to the Municipal by -laws, Provincial or
Federal Statutes to apprise the Council thereof, stating the rules, by -laws
or statutes which are applicable to the case
A22.13 A motion for the Mayor to leave the chair shall be in order if Council
determines that the Mayor is acting in contravention to Section A20 —
Rules of Debate and Conduct. The Council may then appoint a substitute
and resume the interrupted business
A22.14 Incidental motions in respect of a matter of special privilege, suspension of
rules of procedure, adjournment, postponement of the previous question
or commitment may be made verbally.
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A23. VOTING
A23.1 Every member present, when a question is put, shall vote thereon unless
the member has a pecuniary interest, direct or indirect. When a member
has such interest in the question under debate, he /she shall so advise the
Council in accordance with the provisions of the Municipal Conflict of
Interest Act. The member shall, in instances where the Council is meeting
in a closed session, vacate his /her chair and the meeting room until the
question is decided, and the Clerk shall duly record the circumstances in
the minutes. If any member present refuses to vote except for reasons of
such interest, they shall be recorded as voting in the negative on the
question before Council.
A23.2 Unless disqualified, the Mayor may vote with the other members on all
questions.
A23.3 The Mayor shall vote in all cases where it is necessary to break a tie.
A23.4 Any question on which there is an equality of votes shall be deemed to be
a negative.
A23.5 In cases required by law, and when any member calls for a recorded vote,
the surnames of those who vote for and those who vote against the
question shall be entered in the minutes. Each member voting for the
question shall say "YES" and each member voting against the question
shall say "NO ". When recording the "YES" votes and the "NO ", votes the
Clerk shall call the names of the members in their alphabetical order. The
Chair's name shall be called last. Before the results of the vote are
announced by the Chair, the Clerk shall read the vote so taken.
A23.6 When the question under consideration contains separate and distinct
propositions, upon the request of any member, the vote upon each
proposition shall be taken separately.
A23.7 After any question is finally put by the Chair, no member shall speak to the
question, nor shall any other motion be made until after the result is
declared. The decision of the Mayor as to whether the question has been
finally put shall be conclusive.
A23.8 After any by -law, resolution, question or matter has been decided except
in those situations described in (a) — (h) below, any member who voted
thereon with the prevailing side may move for reconsideration within the
same meeting or for amendment or repeal thereafter. The Mayor shall
confirm with the member that the member voted with the majority on the
issue in question.
EXCEPTIONS
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(a) A question which can be renewed within a reasonable time.
(b) An affirmative vote whose provisions have been partly carried out.
(c) An affirmative vote in the nature of a contract when the party to the
contract has been notified of the outcome.
(d) Any vote which has caused something to be done that it is impossible
to undo
(e) A vote on a Motion to Reconsider.
(f) When the same result can be obtained by some other motion.
(g) A motion of indefinite postponement (to lay on the table).
(h) When a motion to reconsider is determined by the Chair to be
dilatory (causing delay).
A23.9 The mover of a motion for the reconsideration of any decided matter shall
be permitted to make a brief and concise statement of the reasons which
he /she believes justify such reconsideration, without in any way debating
the content of the matter.
A23.10 If reconsideration of any decided matter is recommended to the Council by
a committee or board, or special committee, a brief and concise statement
of the reasons therefore may be set forth in the report to Council. The
effect of a Notice of Motion to reconsider a decided matter is the
suspension of all action that depends on the result of the matter proposed
to be reconsidered. There shall be no discussion of the decided matter
unless and until the motion to reconsider is carried by a majority vote of all
the members present. No motion or question shall be considered "carried"
without the consent of the majority of the members present who have not
declared a pecuniary interest, direct or indirect.
A23.11 Where a motion or question is "carried" or "defeated" such shall be
recorded in the minutes of the meeting.
A24. PARLIAMENTARY PROCEDURE
A24.1 All proceedings of the Council not specifically provided for in this by -law,
shall be dealt with in accordance with ROBERT'S RULES OF ORDER
NEWLY REVISED (current edition) and in such cases the decision of the
Mayor shall be final and accepted without debate.
A25. SUSPENSION AND AMENDMENT OF RULES
A25.1 Any standing rule, order of Council or provision of this by -law, other than a
quorum requirement, may be suspended or amended at or for a particular
meeting by resolution of the Council adopted with the unanimous less one
consent of all the members present, and voting, provided that the
suspension of the rules does not result in a contravention of the Municipal
Act.
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A25.2 Any provision of this by -law, standing rule or order of Council may be
amended by a by -law, following publication of notice of the proposed
change.
A26. RULES SHALL APPLY TO COMMITTEES AND BOARDS
A26.1 Where separate Rules of Procedure do not exist for a committee or board,
the rules set forth herein shall apply.
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SECTION "B"
COMMITTEE OF THE WHOLE
B1. CONSTITUTION
B1.1 All members of the Council shall constitute and fully participate in
meetings termed Committee -of- the -Whole at which all substantive matters
of concern to the Municipality requiring policy formulation or decision shall
be considered for recommendation to Council.
B1.2 Committee of the Whole Meetings shall be held as part of the Regular and
the Planning /Corporate Services Meetings.
B2. ORDER OF BUSINESS — COMMITTEE OF THE WHOLE MEETINGS
B2.1 The order of business of a regular meeting of Committee of the Whole
shall be:
(a) Call to Order
(b) Items for discussion from Council meeting
(c) Delegations (will be heard under appropriate report if the subject
matter relates to a report on the agenda)
(d) Reports
(e) Consent Agenda
(f) Adjournment
The order of presentation of reports will be on a rotational basis.
B2.2 The order of business referred to may be altered from time to time to
permit a more efficient flow of business.
B3. POLICY AREAS
B3.1 Under the Committee of the Whole System, policy areas are established
for Corporate Services, Building & Planning, Public Works, Economic
Development and Tourism, Recreation Services, Emergency Services
with the Senior Manager as the staff contact and a Council member
appointed as Policy Chair
B4. RULES OF PROCEDURE
B4.1 The rules governing the procedures of the Council and the conduct of
members in Council as set out in Section "A" of this by -law shall be
observed in Committee of the Whole in so far as they are applicable
except that:
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(a) No Notice of Motion shall be required to introduce new matters at
any meeting of the Committee of the Whole, but new matters shall
only be so introduced with the approval of the majority of the
members present, expressed by a show of hands.
B4.2 The Committee shall consider decisions through motions that have been
duly moved and seconded.
B4.3 The number of times of speaking on any question shall not be limited
unless a member requests that the question be voted upon.
B4.4 No member shall speak more than once except to make an explanation
until every member who desires to speak has spoken.
B5. REPORT SCHEDULE
B5.1 The schedule for reporting to Committee of the Whole shall be as follows:
1 Wednesday
• Public Works
• Emergency Services
• County Council Update
2nd Wednesday
• Building & Planning
• Corporate Services
3rd Wednesday
• Recreation Services
• Accessibility Advisory
• Tourism
• Economic Development
• Mayor's Update
B5.2 Nothing in B5.1 precludes reports occurring at a meeting other than the
indicated schedule.
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B6. REPORTING SCHEDULE FOR GROUPS /BOARDS /ORGANIZATIONS
Group Reporting Comments
Frequency
Accessibility Annually As required
Advisory
Airport Service Bi- annually June /December
Provider
Bruce Area Solid Annually September
Waste Recycling
(B ASWR)
Bruce Telecom Quarterly By -Law #2006 -266
Business Bi- annually July /November
Improvement
Area (B.I.A.)
Heritage Annually As required
Kincardine
Kincardine Trails Annually As required
Penetangore Bi- Annually April /October
Regional
Economic
Development
Corporation
Kincardine Police Bi- Annually February/August
Services Board
Saugeen Valley Annually November
Conservation
Authority
(S.V.C.A.)
Westario Annually December
Physician Annually January
Recruitment
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SECTION "C"
MUNICIPAL COMMITTEES AND BOARDS
Cl. GENERAL RESPONSIBILITIES OF COMMITTEES
C1.1 It shall be the responsibilities of all Committees of Council:
(a) To take into consideration during deliberations and any resulting
recommendations the Municipality's policies, strategic plans and
budget;
(b) To consider and report on any and all matters referred to it by
Council;
(c) To provide direction and guidance to staff, set priorities and ensure
co- ordination among the policies, programs and services of the
Municipality;
(d) To provide a forum for public participation;
(e) To promote accountability.
C1.2 All Committees shall have the full authority to exercise or perform any
power or duty delegated under this or any other By -law. Committees have
authority, through and in conjunction with the Administrative Department
Head, to proceed with projects approved in the current annual budget.
C1.3 Committees shall not recommend the expenditure of any funds not
provided for in the current year's budget approved by Council unless their
recommendation specifically identifies the expenditure as unbudgeted and
further identifies a source of funds for the expenditure.
C2. DUTIES AND RESPONSIBILITIES OF COMMITTEE CHAIRS
C2.1 To preside over the Committee Meeting. To insure that all matters within
their specific area of responsibility of policy consideration are put
before their committee in a manner which is orderly, timely and complete.
C2.2 To review items of business intended for inclusion for Committee
agendas.
C2.3 To maintain a communication with the Administrative Department Head
whose operations fall within their specific area of responsibility in such a
manner as to be satisfied that policy items (both decided and /or to be
decided) are effectively addressed and followed through upon.
•
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C3. NOTICE OF MEETINGS
C3.1 The Secretary shall not be required to give notice of regular meetings of
committees and boards but the mailing and receipt of the agenda for the
meeting shall constitute notice thereof.
C3.2 The Secretary shall endeavor to notify all members of meeting
cancellations.
C3.3 Special meetings of committees and boards may be called by the Chair if
it is considered necessary to do so, and by the Clerk whenever requested
in writing to do so by a majority of the members composing such
committees.
C4. QUORUM
C4.1 The majority of the whole number chosen to comprise any committee, or
board, or as otherwise determined by the Council shall constitute quorum.
C5. MAYOR AS EX- OFFICIO MEMBER
C5.1 The Mayor shall be ex- officio member of all municipal authorities,
committees and boards and shall have the same rights and privileges as
any of the other members, however does not count for quorum (is not
counted in determining the number required for a quorum or whether a
quorum is present at a meeting).
C6. APPOINTMENTS TO AUTHORITIES, COMMITTEES AND BOARDS
C6.1 The Clerk shall cause to be published a notice for two (2) consecutive
weeks in the local press:
(a) Advising the public that committees and boards are to be struck.
(b) Listing all committees and boards to which appointments of citizens
are to be made.
(c) Inviting interested citizens to submit their names for consideration
for appointment to committees and to which appointments of
citizens shall be made
(d) Fix date by which such submissions shall be received.
C6.2 After the inaugural meeting, the Mayor shall call a meeting of the Striking
Committee to consider the appointment of citizen members to authorities,
committees, and boards.
C6.3 The Striking Committee shall consist of the Mayor, Deputy Mayor, two (2)
other Council members as voting members and the CAO and Clerk as
non - voting members to provide administrative support. Council shall
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appoint the two (2) Council members to the Striking Committee at the
inaugural meeting.
The Mayor shall be the Chair of the Striking Committee.
C6.4 The advertising for the notice referred to in subsection 6.1 and the final
date for the receipt of responses to the notice shall be completed by the
Clerk prior to the formation of the Striking Committee referred to in
subsection C6.3
C6.5 The method of selection of appointees to the committees, and boards
requiring, citizen and Council appointments as set out in subsection C7
herein shall be determined by the Striking Committee with
recommendations on appointments to Council.
C6.6 Should it occur that, after the meeting of the Striking Committee, all
appointed positions have not been filled on a committee or board, the
Striking Committee shall present its recommendations at the said Council
meeting, as far as they could be completed, and Council shall deal with
those recommendations.
C6.7 All appointments to authorities, committees and boards recommended
shall be enacted by by -law.
C6.8 If necessary, appointments shall, at subsequent meetings, be made by
Council to fill vacancies on a committee or board until such time as all
vacancies are filled.
C6.9 Council may by resolution establish ad hoc committees, which shall advise
the Council on matters assigned or referred to it.
C6.10 A committee, which refuses or neglects to give due consideration to any
matter assigned to it or before it, may by resolution be discharged of such
responsibilities.
C6.11 All committees are subject to the control and direction of Council,
conditional on compliance with the provisions of other statutes or
regulations of Ontario or Canada.
C6.12 Each committee shall submit reports solely to the Council on all matters
connected with their duties or referred to them by Council.
C7. APPOINTMENTS REQUIRED TO BE MADE BY COUNCIL
C7.1 Citizens shall be appointed to the following committees for the term of
Council pursuant to the Consolidated Committee Appointment By -law.
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i) CITIZEN VOLUNTEERS
Accessibility Advisory Committee
Board of Management Business Improvement Area (BIA)
Event Groups:
• Canada Day
• Cruise Night
• Doors Open
• Kincardine Trails
Accessibility Advisory Committee
Heritage Kincardine
Committee of Adjustment/Property Standards
Westario Power
Kincardine Police Services Board
Livestock Valuators
Pound Keeper
Weed Inspector
Fence Viewers
Tile Drain Inspectors
Bruce Telecom Municipal Service Board
Marine Heritage
C7.2 Resignation of Public Committee Members & Filling of Vacancies
1. A resignation shall be submitted in writing for consideration by Council
via the consent agenda. Council may consider declaring a seat vacant
in certain circumstances when a resignation is not submitted (i.e.
excessive absence at Committee meetings, inability to perform duties,
etc.).
2. Upon Council accepting the resignation and declaring the seat vacant,
the recruitment process shall be as set out in C6.
3. Council will fill the Committee vacancy by enacting an amendment to
the consolidated committee appointment by -law. The term of such
appointment is for the remaining term of Council.
C8. APPOINTED COMMITTEES TO NAME CHAIR
C8.1 Unless otherwise provided by enabling legislation, appointed committees
and boards shall, at their first meeting of each year, name or rename a
Chair who shall preside at all meetings of such authority, committee, or
board and shall preserve order and decorum, subject to all rules of
procedure herein before prescribed.
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C9. APPOINTMENT OF A SECRETARY
C9.1 The Administrative Department Head shall ensure that, at its first meeting,
committees and boards where necessary shall appoint a secretary whose
responsibility it shall be to:
a. Prepare and distribute agendas and /or notices of meeting
b. Take the minutes of the meetings.
c. Prepare the minutes of the meetings for signature by the Chair and
secretary.
d. Reproduce the draft minutes of meetings and provide a copy within
seven days, to the Clerk, for distribution to Council.
C10. REMUNERATION
C10.1 Remuneration for services provided by committee secretaries, in terms of
the amount and form of payment shall be determined by Council.
C11. DURATION OF APPOINTMENTS
C11.1 Where duration of appointments to committees and boards is not
prescribed by statute or in separate procedural or constitutional by -laws or
regulations, the appointments shall be concurrent with the term of Council.
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great energy balanced @lie.
10 CA RPI NT
SECTION "D"
DELEGATION REQUEST FORM
Date of Request:
Council Meeting Date Requested:
Delegation's Name:
Phone: Email:
Organization (if applicable):
Name(s) of Speaker(s):
Purpose of Presentation: Please mark appropriate box
❑ Information Only ❑ Request Support ❑ Other
Key points of delegation are as follows: (please attach full presentation)
The desired action of Council that I am seeking on this issue is:
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Your request must be received by noon on the Thursday prior to the meeting, outlining
the subject matter of the delegation and submitting an electronic version of any
Microsoft PowerPoint presentation or other presentation material proposed to be used
to clerk(a�kincardine.net . Failure to provide the required information on time will result in
loss of privilege to appear as a delegation.
I have read and understand the delegation protocol attached to this form and
acknowledge that the information contained on this form, including any attachments will
become public documents and listed on the Municipality of Kincardine's Council
meeting agenda.
I also understand that if the materials contain any obscene or improper matter,
language or does not meet the requirements of the delegation protocol, the Clerk shall
decide whether it should be included in the agenda for a Council meeting and if not, I
will be notified.
Signature Date
Approval of the Clerk Date
Personal information is collected under the authority of the Municipal Act, for the
purpose of creating a record to be used for registering individuals for the delegation
portion of Council meetings. Questions about the collection of the personal information
may be addressed to the Clerk of the municipality of Kincardine, 1475 Concession 5,
R.R. 5, Kincardine, Ontario N2Z 2X6. Phone: 519 - 396 -3468
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