Loading...
HomeMy WebLinkAboutBRU 95 017 proceeding coun bmts THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 . BEING A BY-LAW to govern the proceedings of Council, the conduct of its members and the calling of meetings for matters related to the Public utility known as the Bruce Municipal Telephone System. WHEREAS, pursuant to section 55 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended by the Planning and Municipal Statute Law Amendment Act, 1994, every Council and local board shall adopt a procedure by-law to govern the calling, place and proceedings of meetings. AND WHEREAS, pursuant to section 102 of the Municipal Act, R.S.O. 1990, Chapter M.45, every Council may pass by-laws to govern the conduct of its members. AND WHEREAS the Bruce Municipal Telephone System is under the control and jurisdiction of the Council of the Township of Bruce. AND WHEREAS the Council of the Township of Bruce meets separately for the purpose of conducting the affairs of the Bruce Municipal Telephone System. NOW THEREFORE the Council of the Corporation of the Township of Bruce hereby enacts as follows: 1. 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 dispatch of business by Council and its committees for the conduct of meeting of Bruce Township Council held for the purpose of conducting the affairs of the Bruce Municipal Telephone System. 2. In this by-law: (a) "Clerk" means the Clerk of the Township of Bruce; (b) "Council" means the Council of the Township of Bruce; (c) "Head" of Council means the Reeve. -- Council and Committee Meetings 3. Regular meetings of Council shall be held at the Bruce Municipal Telephone System Administration Building, the second Wednesday of each month at 1:00 p.m., and in the Bruce Township Council chambers on the fourth Monday of each month at 7:00 p.m.. ..I THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 2 4. The inaugural meeting of Council is contained in Procedural By-law No. 95-16 for the Township of Bruce. 5. Council may, by resolution, alter the date and/or time of a regular meeting provided that notice of the change is posted for at least one week on the bulletin boards in the Office of the township and on the notice board at the Bruce Township Community Centre, and published at least once in the local newspapers in advance of the regular meeting. 6. (a) The Head of Council may, at any time, summon a special meeting. (b) The Clerk shall summon a special meeting upon receipt of a petition of the majority of the Council members for the purpose and at the time and date mentioned in the petition. (c) In either case of (a) or (b) above, the Special Meeting shall be held not sooner than 48 hours following the Head's summons or receipt of the petition, as the case may be and the Clerk shall provide written notice of the Special Meeting immediatel y following receipt of the summons or petition. (d) Notwithstanding the notice requirement set out above, in the event of a boni fide emergency the 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 or personal contact as determined by the Clerk. . (e) Unless otherwise specified in the notice described in Paragraph 6(c) above, a special meeting shall be held in the Administration Centre. (f) The notice of a Special Meeting shall specify the purpose for the meeting. 7. (a) The Reeve shall preside at all meetings of the Council. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 3 . (b) When the Reeve is absent or refuses to act, or the office is vacant, the Deputy-Reeve shall act in the place and stead of the head, and, while so acting, the Deputy-Reeve has and may exercise all the rights, powers and authority of the Reeve. (c) Notwi thstanding paragraph 7 (b) above, the members may appoint another presiding officer from among themselves for the purpose of chairing a particular meeting. (d) The Reeve or presiding officer may expel from a meeting anyone who engages in improper conduct, as determined by the Reeve or presiding officer. 8. (a) All Council and Committee meetings shall be open to the public. (b) Notwithstanding Paragraph 8(a) above, a meeting Councilor a Committee may be closed to the public if subject matter being considered relates to: of the (i) the security of the property of the Township, or local board; (ii ) personal individual employees; matters about an including municipal identifiable or local board (iii) a proposed or property for purposes; pending acquisition of real municipal or local board (iv) employee negotiations or labour relations; -. (v) litigation or potential litigation including matters before administrative tribunals, affecting the Township or a local board; (vi) a matter in respect of which Council, a Committee of Council or a local board has authorized a meeting to be closed under an Act of the Legislature or an Act of Parliament. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 4 . (vii ) the receiving of advice that is solicitor/client privilege, communications necessary for that subject to including purpose. (c) Before all or part of a meeting is closed to the public, the Council shall state by resolution: i) the fact of the holding of the closed meeting; ii) the general nature of the matter considered at the closed meeting; (d) Subject to Subsection (e) a meeting shall not be closed to the public during the taking of a vote. (e) Despite Subsection 31, a meeting may be closed to the public during a vote if, i) Subsection 8(b) permits or requires a meeting to be closed to the public; and ii) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Township or persons retained by or under contract with the Township. (f) Meetings or sessions which are closed to the public may be referred to as in-camera meetings or sessions. Agendas and Supporting Material 9. (a) The Clerk shall prepare agendas of Council and Committee meetings as assigned. . (b) Insofar as is practicable, Council agendas, along with supporting material, shall be prepared and made avai lable to members on the Friday prior to a regular meeting. (c) Individuals or groups wishing to appear before Council at a regular meeting shall advise the Clerk not later than 4:30 p.m. on the Thursday prior to the meeting and the Clerk may make a determination as to deferral of delegations to a subsequent meeting. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 5 . (d) Written reports of officers shall, insofar as is practicable, be made available to Council by 4:30 p.m. on the Monday immediately preceding regular meetings. (e) Agendas shall be generally formatted as follows, but modifications to the matters to be included or the order of business may be effected without requiring amendment to this by-law. (a) Call to Order (b) Declaration of Conflict of Interest (c) Minutes of Previous Meeting (d) Deputations (e) Accounts (f) Correspondence (g) Reports of Municipal Officers (h) Petitions (i) Old Business (j) New Business (k) Motions and By-laws (I) Report by Councillors (m) Resolution to Move to an In-camera (closed) Session (n) Resolution to Move Out of an In-camera Session (resume the open meeting) (0) Adjournment (f) The business of the Counci I shall be taken up in the order as listed on the agenda unless otherwise decided by the Reeve or presiding officer. Minutes 10. 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 presentation, correction and adoption of the minutes of prior meetings; (d) All other proceedings of the meeting without note or comment. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 6 No Quorum 11. If no quorum is present one half hour after the time appointed for a counci I or Commi t tee meeting, the CI erk or recording secretary shall record the names of the members present and the meeting shall stand adjourned until the date of the next regular meeting or until rescheduled. Curfew 12. Council and Committee meetings shall stand adjourned at 11:00 p.m., but business may be continued upon a resolution passed by unanimous vote. Duties of the Reeve 13. It shall be the duty of the Reeve or other presiding officer: (a) to open the meeting by taking the chair and calling the members to order; (b) to announce the business before Council in the order in which it is to be acted upon; (c) to receive and submit, in the proper manner, all motions presented by the members; (d) to put to a vote all questions which are moved and seconded, or necessarily arise in the course of the proceedings, and to announce the result; (e) to decline to put to vote motions which infringe upon the rules of procedure; (f) to enforce to all occasions the observance of order and decorum among the members; r. (g) to call by name any member persisting in breach of the rul es or order of the Council, thereby ordering the member to vacate the meeting room; (h) to authenticate by signature all by-laws, resolutions and minutes of the Council; (i) to inform the Council when necessary or when referred to for the purpose, on a point of order or usage; THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 7 (j) to represent and support the Council, declaring its will and implicitly obeying its decisions in all things; (k) to ensure that the decisions of Council are in conformity with the laws and by-laws governing the activities of the municipal Corporation; (I) to adjourn the meeting without question in the case of grave disorder arising in the meeting room; (m) to order any individual or group in attendance at the meeting to cease and desist any behaviour which disrupts the order and decorum of the meeting and to order the individual or group to vacate the meeting room where such behaviour persists. Conduct of Members of Council and Guests 14. No member shall: (a) No member shall speak disrespectfully of the Reigning Sovereign, or of any of the royal Family, or of the Governor-General, the Lieutenant-Governor of any province, or any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; (b) use offensive words or unparliamentary language in or against the Counci I or against any member, staff or guest; (c) disturb another, or the Council, staff, or guest, by any disorderly conduct disconcerting to the speaker or the assembly; . (d) speak on any subject other than the subject in debate; (e) criticize any decision of the Council except for the purpose of moving that the question be reconsidered; (f) resist the rules of Councilor disobey the decisions of the Reeve or presiding officer or of Council on questions of order or practice or upon the interpretation of the rules of Council; THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 8 . (g) leave a meeting without first obtaining permission from the Reeve or presiding officer; (h) be permitted to retake their seat after being ordered to vacate, having committed a breach of any rule of the Council, until the next meeting and without making an apology to Council; (i) interrupt the member who has the floor except to raise a point of order; (j) when the Chair is putting the question no member shall leave or make a disturbance. 15. No person shall be all owed to address Council or speak in debate without permission of the Reeve or presiding officer. 16. Subject to Paragraph 17 and insofar as is practicable, notice of motions, except those listed in Paragraphs 34 and 35, shall be given in writing to the Clerk not later than 4:30 p.m. on the Thursday preceding the next regular meeting so that the matter may be included in the Council agenda package. 17. Any moti on may be introduced wi thout notice if Counci I, without debate, agrees on a verbal majority vote to dispense with notice. 18. A motion must be formally seconded before the question can be put or a motion recorded in the minutes. 19. When a motion is presented in Council in writing it shall be read, or, if it is an oral motion, stated by the Reeve or presiding officer. 20. (a) A motion to amend shall: (i) be presented in writing; (ii) be deal t with by Council before a previous amendment or the main motion; (iii) not be further amended more than once provided that further amendment may be made to the main motion; THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 9 -. (iv) be relevant to the main motion; (v) not propose a direct negative to the main motion; (vi) may propose a separate disposition of a question; and distinct (vii ) shall be put in the reverse order to that in which it is moved. 21. Once read or stated by the Reeve or presiding officer a motion may not be withdrawn without the consent of the majority of the members. 22. Immediately prior to presiding officer shall it is to be recorded in to the question. voting on a motion, the Reeve or state the question in the precise form the minutes, including any amendments 23. After a motion as amended is finall y put, no member shall speak to the question nor shall any other motion be made until after the vote is taken and the result is declared. 24. Members shall not speak more than once to the same question without the consent of the Reeve or presiding officer. 25. On an unrecorded vote, the manner of determining the decision on a motion shall be at the discretion of the Reeve or presiding officer and may be by voice, show of hands or standing. ~. 26. Where a vote is taken for any purpose and a member requests, before or after the vote, that the vote be recorded, each member present, except a member disqualified from voting by any Act, shall, in an order determined by the Reeve or presiding officer, announce their vote openly, and any failure to vote by a qualified member shall be deemed to be a negative vote and the Clerk shall record each vote. 27. When the presiding officer calls for the vote on a question, each member shall occupy his seat and shall remain in his place until the result of the vote has been declared by the presiding officer. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 10 28. When a member is speaking no other member shall pass between him and the Chair or interrupt him except to raise a point of order. 29. The Reeve or presiding officer, except where disqualified to vote, may vote on all questions and when so doing, shall vote last. 30. Except where expressly provided in statute, any question on which there is an equal i ty of votes shall be deemed to be defeated. 31. Subject to Subsection 8(e), no vote shall be taken by ballot or any other method of secret voting and every vote so taken is of no effect. 32. (a) Unl ess otherwise authori zed by the Reeve or presiding officer, all members, staff and guests shall address Council through the chair and only when recognized to do so. (b) When two or more members seek to address Council, the Reeve or presiding officer shall designate the member who may speak first. 33. 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. 34. The following matters and motions may be introduced orally without written notice and without leave except as otherwise provided by these rules: (a) a point of order or personal privilege; . (b) presentation of petitions; (c) to lay on the table (to defer temporarily) (d) to postpone indefinitely or to a specific day; (e) to move the previous question (immediate vote on the main motion) . THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 11 -. 35. The following motions may be introduced without notice and wi thout I eave, but such motions shall be in writing and signed: (a) to refer; (b) to adjourn; (c) to amend; (d) to suspend the rules of procedure. 36. Except as provided in Paragraph 34, all motions shall be in writing and signed by the mover and seconder. 37. The Clerk and other officers may introduce matters to be dealt with by motion subject to the notice provisions set out in Paragraph 16. 38. Council may, from time to time, employ a confirming resolution immediately prior to adjournment for the purpose of validating decisions or direction given which is minor in nature and not set out in a by-law or resolution. Points of Order and Privilege 39. The Reeve or presiding officer shall preserve order and decide questions of order. 40. The Council, if appealed to, shall decide the question without debate and its decision shall be final. By-laws 41. No by-law shall be presented to Council unless the subject matter has been considered and approved by Council. . 42. Every by-l aw shall be introduced upon motion by a member specifying the title of the by-law. 43. Every by-law when introduced shall be in typewritten form and shall contain no blanks except as may be required to conform to accepted procedure or to comply with provisions of any Act. 44. Every by-law shall be given three readings prior to passage. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 12 -. 45. The first and second readings of a by-l aw shall be decided without amendment or debate. 46. By-l aws may be given three readings on the same day except when requested otherwise by motion of the majori ty of the members present or as otherwise provided in law. 47. Every by-law enacted by the Council shall be numbered and dated, and signed by the Clerk and the presiding officer, and shall be sealed with the seal of the Corporation, and shall be deposited by the Clerk in his office for safekeeping. 48. Any proposed by-law may be referred to a Committee, Department Head or other officer for review and comment, including the solicitor for the Corporation. General 49. When the Reeve of Council is absent on a temporary basis, under no circumstances shall the Council make a decision regarding capital spending unless provision for the capital spending is included in the estimates for that given year as approved by by-law or unless the expenditure is required as a result of an emergency. 50. In all matters and under all circumstances the members shall be guided by and shall have regard to the Municipal Conflict of Interest Act, or its successor Local Government Disclosure of Interest Act 1994, upon Proclamation. 51. Individuals or groups which are listed on an agenda or are otherwise approved to appear before Council shall, subject to Paragraph 9(c), be limited to not more than ten (10) minutes except that a delegation listed on the agenda as consisting of more than five (5) persons shall be limited to two (2) speakers each I imi ted to speaking not more than ten (10) minutes. 52. Following a regular or new election, the Clerk shall provide each member of Council with a copy of this by-law, including any amendments thereto. 53. Any procedure under this by-law which is discretionary and not mandatory under statute may be suspended with the consent of a majority of the members present. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 95-17 PAGE 13 ~. 54. No amendment or repeal of this by-law or any part thereof shall be considered at any meeting of the council unless notice of the proposed amendment or repeal is given at a previous regular meeting of the Council and the waiving of notice is prohibited. 55. This by-law shall become effective the day after enactment. 56. Where any by-law passed prior to this by-law conflicts with this by-law, the terms of this by-law shall prevail. By-law introduced and read a First time this TWENTY-FIFTH day of APRIL, 1995. By-law read a Second time this TWENTY-FIFTH day of APRIL, 1995. By-law read a Third time and finally passed, signed, sealed, and numbered 95-17 this NINTH day of MAY, 1995. &)(¡A/~- CLERK ~IÛ, REEVE ,-"'~ -" - ~:--- ~~~ / ,- """'" '.' ./...-.~~ """../" -. --