Body: Council Type: Agenda Meeting: Regular Date: May 6, 2025 Collection: Council Agendas Municipality: Frontenac County
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Governance Review Committee Tuesday, May 6, 2025 –10:00 a.m. County of Frontenac Administration Building, 2069 Battersea Road, Glenburnie, ON https://youtube.com/live/m7o0zn5kibg?feature=share
AGENDA Page 1.
Call to order We begin this gathering by acknowledging and celebrating these traditional lands as a gathering place of the first peoples and their ancestors who are entrusted to care for mother earth since time immemorial. We do so respecting both the land and the Indigenous People who continue to walk with us through this world. Today, the County is committed to working with Indigenous peoples and all residents to pursue a united path of reconciliation.
Adoption of the agenda a) That the agenda for the May 6, 2025 meeting of the Governance Review Committee be adopted.
Disclosure of pecuniary interest and general nature thereof
Adoption of Minutes a) Minutes of Meeting held April 1, 2025
3-6
That the minutes of the Governance Review Committee meeting held April 1, 2025 be adopted. Minutes of Meeting held April 1, 2025 5. 7 - 12
Items of Business a) 2025-043 Corporate Services Adoption of an updated of County of Frontenac Accountability and Transparency Policy Resolved That the Council of the County of Frontenac adopt an Accountability and Transparency Policy for the County of Frontenac attached to this report as Appendix A; And further That By-law 2007-0038 being a by-law to adopt an
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Page Accountability and Transparency Policy be hereby repealed. Adoption of an updated of County of Frontenac Accountability and Transparency Policy Appendix A Proposed Draft Accountability and Transparency Policy 13 - 32
b)
2024-044 Corporate Services Continued Discussions on the Procurement Policy Resolved That the Procurement Policy, and the draft policy be placed on the Governance Review Committee Consultation 2025 project on Engage Frontenac for 21 days for public comment Continued Discussions on the Procurement Policy Appendix A Revised Procurement Policy Highlighted
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c)
2025-045 Corporate Services Continued Discussions on the County of Frontenac Procedural Bylaw Review This report is for information. It is intended to solicit feedback from the Committee members on the preliminary review of the Procedural Bylaw. Continued Discussions on the County of Frontenac Procedural By-law Review Appendix I Proposed Amendments Chart Appendix II Working copy of By-Law No. 2022-0026 Procedural By-law 2
Next meeting date a) The next meeting of the Governance Review Committee meeting will be held on Tuesday, June 3, 2025 at 10:00 a.m.
Adjournment
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Minutes of the Governance Review Committee Meeting April 1, 2025 [Note: Minutes are not Verbatim, please refer to full video s://youtube.com/live/3vlcRW6ULfM?feature=share] A meeting of the Governance Review Committee was held in the Council Chamber of the County Administration Building, 2069 Battersea Road, Glenburnie on Tuesday, April 1, 2025, at 10:00 AM Present: Councillor Fran Smith, Chair Councillor Fred Fowler, Vice Chair Councillor Judy Greenwood-Speers Warden Gerry Lichty Staff Present: Jannette Amini, Manager of Legislative Services/Clerk Kevin Farrell, Chief Administrative Officer Amy Freeburn, Executive Assistant to the CAO and Director of Corporate Services/Treasurer Alex Lemieux, Director of Corporate Services/Treasurer 1.
Call to order
We begin this gathering by acknowledging and celebrating these traditional lands as a gathering place of the first peoples and their ancestors who are entrusted to care for mother earth since time immemorial. We do so respecting both the land and the Indigenous People who continue to walk with us through this world. Today, the County is committed to working with Indigenous peoples and all residents to pursue a united path of reconciliation. 2.
Adoption of the agenda
Moved By: Seconded By:
Councillor Greenwood-Speers Councillor Fowler
That the agenda for the April 1, 2025 meeting of the Governance Review Committee be adopted. Carried
Minutes of Meeting held April 1, 2025
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Disclosure of pecuniary interest and general nature thereof
There were none. Adoption of Minutes
Minutes of Meeting held March 4, 2025 Moved By: Seconded By:
Warden Lichty Councillor Fowler
That the minutes of the Governance Review Committee meeting held March 4, 2025 be adopted. Carried Items of Business
a)
2025-039 Corporate Services Adoption of an updated County of Frontenac Public Notice Policy
Moved By: Seconded By:
Warden Lichty Councillor Fowler
Resolved That the Council of the County of Frontenac adopt a Public Notice Policy for the County of Frontenac attached to this report as Appendix A; And further That By-law 2014-0008 being a by-law to adopt a Public Notice Policy be hereby repealed. Carried b)
Staff Briefing: Jannette Amini, Manager of Legislative Services/Clerk, provided a briefing and presentation to the Committee on Accountability and Transparency and responded to questions on same. A copy of the presentation is attached to the record in the Clerk’s Office.
c)
2025-040 Corporate Services Initial Discussions on the Accountability and Transparency Policy
Moved By: Seconded By:
Councillor Greenwood-Speers Warden Lichty
That the Accountability and Transparency draft policy be placed on the Governance Review Committee Consultation 2025 project on Engage Frontenac for 21 days for public comment Carried Governance Review Committee Meeting Minutes April 1, 2025
Minutes of Meeting held April 1, 2025
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The main focus of the Committees discussions was around if the Council’s Strategic Direction should be left in. Ms. Amini noted that the wording that has been removed was from the previous Council’s strategic plan. Following the discussion, it was felt that the Accountability and Transparency policy and the Council Strategic Plan are two separate individual documents, so it was decided to agree with the removal of reference to this from the policy. d)
Staff Briefing: Jannette Amini, Manager of Legislative Services/Clerk, provided a briefing and presentation to the Committee on the Procedural By-law. A copy of the presentation is attached to the record in the Clerk’s Office.
e)
2025-041 Corporate Services Initial Discussions on the County of Frontenac Procedural By-law Review
This report is for information. It is intended to solicit feedback from the Committee members on the preliminary review of the Procedural By-law. Discussions focused on: ➢ Should there be a separate meeting of the Fairmount Home Board of Management, given the importance of this Board, its responsibilities, and the potential that should an investigation be carried out by the Ministry and the Ministry could question of Board. ➢ Training for Council is important and refresher training should be provided half way through the term of Council ➢ Look at moving away from the Deputy Warden taking the Chair during Council meetings when Council adjourns and meets as the Committee of the Whole. Staff will send out to the Committee the following documents for review:
- Procedural By-law 2022-0026 which was missed being attached to the agenda
- A copy of the Clerk’s Briefing on Accountability and Transparency
- A copy of the Clerk’s Briefing on the Procedural By-law
- A copy of the list of changes that was made to the Procedural By-law during the comprehensive review that took place in 2022, along with the report presented to County Council
Next meeting date The next meeting of the Governance Review Committee is schedule for Tuesday, May 6, 2025 at 10:00 a.m. at the County Administration Building.
Governance Review Committee Meeting Minutes April 1, 2025
Minutes of Meeting held April 1, 2025
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7.
Adjournment
Moved By: Seconded By:
Warden Lichty Councillor Fowler
That the meeting hereby adjourn at 11:20 a.m. Carried
Governance Review Committee Meeting Minutes April 1, 2025
Minutes of Meeting held April 1, 2025
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Report 2025-043 Council Recommend Report To:
Chair and Members of the Governance Review Committee
From:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
May 6, 2025
Re:
Corporate Services – Adoption of an updated of County of Frontenac Accountability and Transparency Policy
Recommendation Resolved That the Council of the County of Frontenac adopt an Accountability and Transparency Policy for the County of Frontenac attached to this report as Appendix A; And further That By-law 2007-0038 being a by-law to adopt an Accountability and Transparency Policy be hereby repealed. Background At its meeting held April 1, 2025, the Governance Review Committee received Report 2025-040, Initial Discussions on the Accountability and Transparency Policy along with a proposed Appendix A draft Policy. The main focus of the Committees discussions was around if the Council’s Strategic Direction should be left in. However following the discussion, it was felt that the Accountability and Transparency policy and the Council Strategic Plan are two separate individual documents, so it was decided to agree with the removal of reference to this from the policy. Based on its discussions, the Committee passed the following recommendation: c)
2025-040 Corporate Services Initial Discussions on the Accountability and Transparency Policy
Moved By: Seconded By:
Councillor Greenwood-Speers Warden Lichty
That the Accountability and Transparency draft policy be placed on the Governance Review Committee Consultation 2025 project on Engage Frontenac for 21 days for public comment. Carried
2025-043 Corporate Services Adoption of an updated of County of Frontena…
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Comment As noted previously to the Committee, on January 10th, the “Governance Review Committee Consultation 2025” project went live on the County’s Engage Frontenac site and speaks to the work being undertaken by the Governance Review Committee of updating existing governance related policies and by-laws and to streamline processes and improve the efficiency of the business of the County. It also highlights the essential role that the public plays regarding the County’s decision-making process. The draft Accountability and Transparency policy was added to the site following the Governance Review Committee meeting on April 1st and was promoted out through the County’s social media channels. At the writing of this report, no public comments have been received. Financial Implications There are no anticipated financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Alex Lemieux, Director of Corporate Services/Treasurer Kevin Farrell, Chief Administrative Officer
Recommendation Report to the Governance Review Committee Corporate Services – Adoption of an updated of County of Frontenac Accountability and Transparency Policy May 6, 2025 Page 2 of 2
2025-043 Corporate Services Adoption of an updated of County of Frontena…
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Schedule “A” to By-law No. 2025-0xx Accountability and Transparency Policy Purpose/ Application The Municipal Act, 2001 (the Act) requires that all municipalities adopt and maintain a policy with respect to the manner in which the County will try to ensure that it is accountable to the public for its actions, and the manner in which the County will try to ensure that its actions are transparent to the public. The Accountability and Transparency Policy identifies the legislation, policies, procedures and practices that the County complies with in order to promote accountability and transparency. This policy provides guidance on how the County of Frontenac ensures municipal matters are approached in an accountable and transparent manner, with emphasis on openness, ethics, performance outcomes and fiscal responsibility. Definition(s): a.
Accountability – The principle that the municipality is obligated to demonstrate and take responsibility for its actions, decisions and policies and that it is answerable to the public at large.
b.
Transparency – The principle that the County actively encourages and fosters stakeholder participation and openness in its decision-making processes. Additionally, transparency means that the County’s decision-making process is open and clear to the public.
Policy Statement The County of Frontenac will promote accountable and transparent municipal governance guided by the following principles:
- Decision-making will be open and transparent.
- Municipal operations will be conducted in an ethical and accountable manner.
- Financial resources and physical infrastructure will be managed in an efficient and effective manner.
- Municipal information will be accessible so that it is consistent with legislative requirements.
- Inquiries, concerns and complaints will be responded to in a timely manner.
- Financial oversight, service standards and performance reporting and all other accountability documents will be made available and accessible, in language that the public can understand, to increase the opportunity for public scrutiny and involvement in municipal operations.
- Every new delegation of power of authority will have corresponding accountability mechanism.
2025-043 Corporate Services Adoption of an updated of County of Frontena…
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Policy Requirements The County of Frontenac’s commitment to accountability and transparency ensures sound governance and sustainability by way of various policies, procedures and practices that have been divided into the following categories:
- Legislated requirements
- Financial accountability, oversight and reporting
- Performance measurement and reporting
- Open government
- Internal accountability and ethical standards
- County Council’s Accountability Framework
- Legislated requirements The County of Frontenac is accountable and transparent to taxpayers by fulfilling various legislated responsibilities and disclosure of information. The following are provincial statutes that govern how the County conducts its business in a public, accountable and transparent manner:
- Municipal Act, 2001
- Municipal of Conflict of Interest Act
- Provincial Offences Act
- Municipal Freedom of Information and Protection of Privacy Act
- Personal Health Information Protection Act, 2004
- The Accessibility for Ontarians with Disabilities Act (AODA)
- Public Sector Salary Disclosure Act, 1996
- Planning Act
- Employment Standards Act
- Occupational Health and Safety Amendment Act
- Ombudsman Act
- Financial accountability, oversight and reporting The County of Frontenac is accountable and transparent to taxpayers by identifying the source of County funds and how those funds are used to deliver services. The following policies, procedures and practices demonstrate the County of Frontenacs best-practice financial accountability and oversight and reporting mechanisms, including:
- Annual Operating Budget and Five-Year Departmental Business Plans
- Annual Capital Budget and Asset Management Plans
- Annual Audited Financial Statements
- Quarterly Financial Variance Reports
- Long Range Financial Plan Draft County of Frontenac Accountability and Transparency Policy May 6, 2025
2025-043 Corporate Services Adoption of an updated of County of Frontena…
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6. Council Expense Policy 7. Remuneration and Reimbursement of Expenses to Council Members and Non-Council Appointees Report 8. Reimbursement of Expense Policy for Conferences and Travel 9. Delegation of Authority By-law and annual report to Council 10. Procurement Policy 11. Sale, Disposition and Use of Land Policy 12. Use of Corporate and Communication Resources in an Election Year Policy 13. Public Sector Salary Disclosure compliance 3. Performance measurement and reporting The County of Frontenac is accountable to taxpayers by using various resultsoriented tools to measure progress on performance and the achievement of corporate service standards and goals. The County of Frontenac is committed to producing performance information that measures how the County is doing in all areas over which it has responsibility, from financial reporting to human resource management to service delivery. 4. Open Government and Public Participation The County of Frontenac is accountable and transparent to taxpayers by providing governance in an open manner through communication, consultation, and collaboration. The following are policies, procedures and practices that ensure the County is transparent in its operations and residents are aware of how decisions are made and carried out:
- Council Procedure By-law
- Council Code of Conduct
- Appointment of an Integrity Commissioner
- Appointment of an Open Meeting Investigator
- Public posting and distribution of Council and Committee Agenda Meeting Documentation
- Citizen Appointment to Advisory Committees Policy (Recruitment and Selection of members of Advisory Committees, and Boards)
- Accessibility Policy and Procedures
- Application to Appear as a Delegation Form
- Live-streaming of Council and Committee of the Whole Meetings
- County of Frontenac Strategic Plan
- Public Conduct and Complaints Policy
- Public Notice By-law
Draft County of Frontenac Accountability and Transparency Policy May 6, 2025
2025-043 Corporate Services Adoption of an updated of County of Frontena…
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13. Delegation of Powers Policy/Delegation of Authority By-law 14. Accessible Formats and Communication Supports Procedure 15. Enhancements to open meeting procedures including holding closed session meetings at the beginning of Council and a process of rising and reporting following closed sessions, to ensure reporting out is done when the public is in attendance. 16. Adherence to the principles of Open Government as per the Municipal Act, 2001, including an Open-Data page on the Frontenac Maps hub 5. Internal accountability and ethical standards The County of Frontenac has established policies, procedures and practices that govern internal accountability and ethical standards for the County of Frontenac, including:
- Code of Conduct Policy for County employees
- Hiring and Employment of Family Members, and Recruitment Policy
- Employee Confidentiality Statement
- Respect in the Workplace Policy and Procedure
- Acceptable Use of Information Technology Resources Policy
- Health and Safety Policy
- Delegation of Powers and Duties Policy.
Draft County of Frontenac Accountability and Transparency Policy May 6, 2025
2025-043 Corporate Services Adoption of an updated of County of Frontena…
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Report 2025-043 Committee Recommend Report To:
Chair and Members of the Governance Review Committee
From:
Alex Lemieux, Director of Corporate Services/Treasurer
Date of meeting:
May 6, 2025
Re:
Corporate Services – Continued Discussions on the Procurement Policy
Recommendation Resolved That the Procurement Policy, and the draft policy be placed on the Governance Review Committee Consultation 2025 project on Engage Frontenac for 21 days for public comment Background Section 270 of the Municipal Act, 2001 (the “Act”) requires that all municipalities adopt and maintain several specific policies which provide a basis for decision-making to support clear and consistent implementation processes. One of the requirements is a policy which outlines the circumstances with respect to a municipality’s procurement of goods and services. County Council adopted By-law 2013-0011 being a by-law to adopt a Procurement Policy on March 20, 2013. The Governance Review Committee was presented Report 2025-029 with proposed amendments to the Procurement Policy. The key objectives of the proposed policy update included: • • • •
Modernizing procurement practices, including e-procurement and updated trade agreements. Increasing procurement thresholds to reduce unnecessary administrative burden, while ensuring due diligence is maintained when evaluating procurement options. Clarifying roles and responsibilities to improve efficiency and accountability. Enhancing clarity and ease of use by simplifying language and procedures.
Comment Following initial input from the Committee, staff have made the following changes to the policy:
2024-044 Corporate Services Continued Discussions on the Procurement Pol…
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•
Amended amount in section 5.6 for Requests to Tender from $250,000 to $150,000;
•
Added to Section 5, General Requirements, in bullets 14-16 for insurance requirements;
•
Added section 5.6.1 on Bonding Requirements for Requests for Tenders;
•
Removed Insurance from exempt procurement in section 5.9.
The Committee also raised issues with some of the language missing within the appendices in the 2013 policy. Further comments on the appendices, as well as where information was covered, or if anything was changed, can be found below: •
Appendix A (2013): Refers to Goods and Service “Exempt” from Provisions of the Policy. This is covered in section 5.9 of the revised policy.
•
Appendix B (2013): Refers to Procurement Authorizations. This is covered in Section 4 under “Authorization Levels” of the revised policy.
•
Appendix C (2013): Purchasing Process, Circumstances for Use and Goals. These are covered under sections 5.2 through 5.6 of the revised policy.
•
Appendix D (2013): Administering Irregularities in Bid Opening. The policy is silent on irregularities with bid opening. Since the process is now paperless through mandatory electronic submissions, many of the situations described within Appendix D are no longer possible. Bids cannot be submitted late through the system, and bidders are required to attest that they are bound by the terms and conditions of the bid and have authority to bind the Corporation and submit the bid on behalf of the bidder. Some of the wording within bid documents which safeguards against these scenarios, includes: o Proposals will only be accepted if they are received by the Bidding System by no later than the Submission Deadline. Only electronic submissions shall be received by the Bidding System. Hard copy submissions are not permitted. o The Submission Deadline will be determined by the Bidding System clock. The timing of the proposal submission is based on when the proposal is received by the Bidding System, regardless of when the respondent began the submission process. Responsibility rests solely with the proponent to ensure its proposal is received by the Bidding System by no later than the Submission Deadline. o It is the responsibility of the proponent to have received all addenda to this RFP that have been issued by the County through the Bidding System at https://frontenaccounty.bidsandtenders.ca. Proponents will be required to check a box for each addendum and any applicable attachments that have been issued before a proponent can submit their proposal it the Bidding System.
Recommend Report to the Governance Review Committee Corporate Services – Changes to Proposed Procurement Policy May 7, 2025
2024-044 Corporate Services Continued Discussions on the Procurement Pol…
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o If a proposal is submitted before an addendum is issued, the Bidding System will automatically withdraw the proposal and identify the status of the proposal as incomplete (not accepted by the County). The withdrawn proposal can be viewed by the proponent in the “MY BIDS” section of the Bidding System. The proponent is solely responsible for: ▪
reviewing the status of their proposal;
▪
making any required adjustments to their proposal;
▪
acknowledging the addendum; and
▪
ensuring the proposal is re-submitted and received by the Bidding System by no later than the Submission Deadline.
o The County will not be responsible for the withdrawal of a proposal due to the proponent’s failure to acknowledge any addenda issued prior to the Submission Deadline. o If a proponent wishes to amend an already submitted proposal prior to the Submission Deadline, the proponent may withdraw the submitted proposal and submit a revised proposal prior to the Submission Deadline through the Bidding System. The proponent is solely responsible for ensuring that the revised proposal is received by the Bidding System by no later than the Submission Deadline. •
Appendix E (2013): Risk Management. A section for Bonding has been added in Section 5.6.1. and a section about insurance requirements has been added to Section 5 on General Provisions in bullets 14-16.
•
Appendix F (2013): Unnamed. This was an image of a value-based evaluation methodology, which has been described under Section 5.5.1.c.
Financial Implications There are no direct financial implications associated with adopting the 2025 Procurement Policy, as it does not introduce new spending obligations or require additional budget allocations. However, the policy is designed to enhance financial stewardship by ensuring that public funds are used responsibly and that all purchases provide value for money. Organizations, Departments and Individuals Consulted and/or Affected Jannette Amini, Manager of Legislative Services/Clerk
Recommend Report to the Governance Review Committee Corporate Services – Changes to Proposed Procurement Policy May 7, 2025
2024-044 Corporate Services Continued Discussions on the Procurement Pol…
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 1 of 17
Approved:
Effective: N/A, 2025
- Purpose This policy ensures the County of Frontenac acquires goods, services, and construction in a transparent, fair, and cost-effective manner while maintaining compliance with applicable laws and regulations. The policy aligns with relevant municipal legislation in Ontario, including the Municipal Act, 2001, and applicable trade agreements ensuring fair and open access to all eligible suppliers.
- Scope This policy applies to all employees, Council members, suppliers, vendors, and any third party involved in procurement activities for the County. It also extends to municipal bodies unless specifically exempted by Council.
- Procurement Principles 3.1 Transparency •
Procurement opportunities must be publicly disclosed on appropriate channels.
•
Clear criteria for selection will be established for each procurement process to ensure transparency.
3.2 Accountability •
Ensure an efficient, timely, and cost-effective approach while maintaining the internal controls required for the use of public funds.
3.3 Fair and Open Competition •
Competitive bidding processes must be used to secure the best value for taxpayers, except when justified through strict criteria.
•
Equitable treatment of all suppliers and vendors to ensure fairness.
3.4 Value for Money •
Obtain the best value for the County of Frontenac when procuring goods and services.
2024-044 Corporate Services Continued Discussions on the Procurement Pol…
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 2 of 17
Approved:
•
Effective: N/A, 2025
Total cost of ownership, including lifecycle costs, will be considered in procurement decisions.
3.5 Ethics and Integrity •
Employees and officials involved in procurement must avoid conflicts of interest.
3.6 Technology and Innovation •
The County will adopt e-procurement solutions where feasible.
•
The County will leverage group purchasing opportunities where available and financially beneficial.
3.7 Legal Compliance •
Procurement activities must comply with relevant laws, including but not limited to the Municipal Act, 2001, and applicable trade agreements.
3.8 Environmental Considerations •
Consideration should be given to reducing waste, minimizing carbon footprint, and promoting energy-efficient solutions.
- Definitions Municipal Act: Municipal Act, 2011, S.O. 2001 c. 25 Authorized Person: An individual responsible with purchasing goods or services on behalf of the County. This includes, but is not limited to, Managers, Department Heads, the Chief Administrative Officer (CAO), Council, or any other designated official with authority to make purchasing decisions on behalf of the County. Chief Administrative Officer (CAO): The individual appointed as Chief Administrative Officer (or “CAO”) under the Municipal Act, 2001, Section 229. Contract: Any formal or deliberate written agreement for the purchase of goods, services, equipment or construction including but not limited to Purchase Orders and contractual
2024-044 Corporate Services Continued Discussions on the Procurement Pol…
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 3 of 17
Approved:
Effective: N/A, 2025
agreements that are used for the acquisition of goods and/or services for a specific requirement. Council: Governing body consisting of eight members, with two representatives from each of the four Townships. Each Township is represented by its Mayor and one appointed member selected by their respective Township council. Department Head: A Director-level employee of the County of Frontenac. Director of Corporate Services/Treasurer: The designated contact within the County responsible for overall administration and management of procurement processes. Emergency: An event or occurrence that the Chief Administrative Officer or their designate deem as an immediate threat to public health, the maintenance of essential Municipal services or the welfare and protection of persons, property or the environment, and the event or occurrence necessitates the immediate need for goods or services to mitigate the emergency and time does not permit for a competitive procurement process. Project Number: A number assigned by the Director of Corporate Services/Treasurer or their delegate to procurement projects. Proposal: A sealed written offer from any company or individual in response to a publicly advertised invitation to provide goods or services to the County where the requirements cannot be definitively specified and may be subject to further negotiation. Quotation: An offer or submission received from a vendor, contractor or consultant in response to a request for Quotation. Single Source Procurement: A procurement made where there is more than one source of supply in the open market, but only one source is recommended due to predetermined and approved specifications. Sole Source Procurement: A procurement made where goods or services are only available from one supplier. Standing Offer: A written offer from a pre-approved Supplier to supply Deliverables to the County, upon request, through the use of an ordering process during a particular period of time, at a predetermined price or discount, generally within a predefined dollar limit. The
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 4 of 17
Approved:
Effective: N/A, 2025
Standing Offer does not create a contractual commitment from either party for a defined volume of business. Tender: A sealed written offer submitted on a Municipal Tender form by any company or individual in response to a publicly advertised invitation to supply stipulated goods, services or construction at a particular price, which may be subject to acceptance or rejection. Authorization Levels Total Acquisition Cost
Authorized Person
Up to $25,000 (if in budget)
Department Heads
Greater than $25,000 (if in budget)
CAO
Greater than $50,000 (if not in budget)
Council
- General Provisions
- The Director of Corporate Services/Treasurer is responsible for ensuring that the Purchasing Policies and Procedures approved by Council are understood and used consistently by all Municipal Departments. The Director of Corporate Services/Treasurer shall also, according to the aforementioned policies, direct the purchasing function and act as a resource during all aspects of purchasing decision making including Contract management.
- No purchase of goods, services and construction shall be authorized unless it is in compliance with this Policy. The County reserves the right to not accept any goods, services and construction that are obtained without following the provisions of this Policy, and any invoices received may not be processed for payment.
- Subdividing, splitting or otherwise structuring procurement requirements or Contracts in order to reduce the procurement value or in any way circumvent the requirements or intent of this Policy is not permitted.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 5 of 17
Approved:
Effective: N/A, 2025
- The Director of Corporate Services/Treasurer is responsible for maintaining procedures, protocols, templates and forms for use during the procurement process. From time to time, the Director of Corporate Services/Treasurer is authorized to revise these items, and establish new administrative policies, direction and procedures.
- Authorized persons may enter into Standing Offers for goods and/or services which will be required frequently or repetitively but where the exact quantity of goods and/or services required may not be precisely known or the time period during which the goods and/or services are to be delivered may not be precisely determined.
- Upon the recommendation of the Director of Corporate Services/Treasurer, the County may participate in cooperative purchasing agreements with any legitimate organization to leverage buying power and reduce workload in Contract issuance and administration. If the County enters into such an agreement they may adhere to the policies of the entity conducting the purchasing process, provided they comply in spirit with this policy.
- No purchase of goods and services associated with computer software, hardware and/or telecommunications equipment will be authorized without the completion of an appropriate review by the County’s information technology function.
- Where the County has conducted a competitive procurement process, unsuccessful bidders may request a debriefing to be conducted by the authorized person(s).
- The County shall preclude a respondent from bidding if such respondent has made a formal demand or otherwise put the County on notice of a pending action or is involved in any actual litigation proceedings (excluding construction lien demands, notices or proceedings) by or against or otherwise involving the County, until a final decision is rendered, and for three years afterwards.
- Any unsolicited bids must comply with the provisions of this Policy, including the requirement for a competitive procurement process.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 6 of 17
Approved:
Effective: N/A, 2025
- Notwithstanding any assistance in the preparation of specifications by a consultant, the specifications shall be and remain the property of The County of Frontenac.
- Where Electronic Bid submission is indicated, all bids must be submitted using the ebidding process. Electronic bids sent in any manner other than the prescribed solution will be rejected as invalid unless otherwise indicated.
- The County may at its discretion enter into multi-year agreements when it is beneficial to do, such as securing pricing for a set period of years to avoid price increases, or negotiating increases based on Consumer Price Index or another objective measurements to ensure continued value for the County.
- The successful bidder must furnish the County at his/her cost a “certified copy” of a liability insurance policy covering public liability and property damage for no less than the minimum amounts stated above in the tender documents to the satisfaction of the County and in force for the entire contract period. The policy must contain: a. a “Cross Liability” clause or endorsement; b. an endorsement certifying that The Corporation of County of Frontenac and the successful bidder are included as an additional named insured; c. an endorsement to the effect that the policy or policies will not be altered, cancelled or allowed to lapse without thirty days prior written notice to the County. d. Contractor’s Liability Insurance Policy shall not contain any exclusions of liability for damage, etc. to property, building or land arising from: • the removal or weakening of support of any property, building or land whether such support be natural or otherwise; • the use of explosives for blasting; • the vibration from pile driving or caisson work, provided that the minimum coverage for any such loss or damage shall be $5,000,000.00
- The standard insurance minimums are as follows: • $2 million – general liability policy • $2 million - automobile liability policy • $2 million – homeowners (e.g. for rental of facilities)
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 7 of 17
Approved:
• • •
Effective: N/A, 2025
$5 million – general liability and automobile liability policies – for contract work done for most Public Works and Environmental Services Department projects which have specific high risk activities such as shoring or blasting $2 million – professional errors and omissions liability Builder’s Risk – the amount of the project cost where new construction abuts existing structures
- Bid documents must clearly indicate insurance requirements to be provided by the successful bidder. 5.1 Separation of the Role of Council and Operational Decision-Making
- In accordance with best practices in Municipal procurement, there is a need for clear separation of political and administrative functions in relation to the County’s procurement of goods, services and construction. It is the role of Council to establish policies and approve expenditures through the County’s budget process. Through this Policy, Council delegates authority to Municipal employees to incur expenditures in accordance with approved budgets through the procurement of goods, services and construction in accordance with the rules and requirements set out herein.
- To avoid the potential appearance of bias or political influence in procurement Contract award decisions, members of Council will have no involvement in competitive procurement processes from the time those procurement processes have been initiated through the advertisement or issuance of the solicitation document until a Contract has been entered into with the successful bidder, except where Council is required to approve the Contract award in accordance with the provisions of this Policy. 5.2 Delegated Authorities
- Delegated authorities to commence a procurement, award a Contract and execute a legal agreement or issue a Project Number evidencing a Contract are set out in the table below. A Contract must be established by evidence of a legal agreement and/or the issuance of a Purchase Order before the delivery of goods, services or construction commences.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 8 of 17
Approved:
Effective: N/A, 2025
- The delegated procurement authorities under this Policy are conditional upon: a. The availability of approved funding in an amount sufficient to cover the procurement value excluding HST; and b. The procurement process being conducted in accordance with this Policy Process
Threshold
Circumstances for Use
Method
Informal Low Value
Up to $10,000
For flexible and efficient purchases
3 quotations may Authorized be undertaken Person
Informal Request for Quotation
$10,000.01 $50,000
When timely purchasing is critical
Minimum of 3 documented quotations
Greater than $50,000.00
Requires seeking quotes without Request for commitment to a quotation contract
Request for Proposal
Greater than $50,000.00
When project Obtain innovative Authorized requirements are and broad Person, not specifically solutions Treasurer, CAO delineated
Request for Tender
Greater than $150,000.00
Requirements clearly defined
Open, fair, and transparent bidding process
Authorized Person, Treasurer, CAO
Statutory or market-based monopoly, emergencies, or exclusive rights
Allow for exceptions to competitive sourcing
Department Head, Treasurer, CAO
Request for Quotation
Non-Competitive Various or Single Source
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Approval Authority
Authorized Person and Treasurer Authorized Person, Treasurer, CAO
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 9 of 17
Approved:
Effective: N/A, 2025
- The dollar figures set out in the above threshold include any other applicable costs (e.g. freight, installation, licensing fees). For multi-year Contract awards, the thresholds are determined based on the total value of the Contract, and not the annual cost.
- Notwithstanding any other provisions of this Policy, Council approval is required for the following procurements: a. Any Contract prescribed by statute to be made by Council b. Any procurements that are not compliant with the provisions of the Policy c. Any Contracts not previously approved by Council during the budget process for which staff have not identified sufficient funding from other sources d. Any recommendations to amend the total value of a Contract, where the amount of the amendment is equal to or more than the greater of 50% of the original procurement value, or $50,000. 5.3 Informal Low Value Procurements
- Procurements up to $10,000 shall be considered low value procurements.
- No solicitation of competitive Quotations is required for informal low value procurements. However, due diligence must still be used to ensure that the goods or services are purchased in a manner that provides value for money to the ratepayer. 5.4 Request For Quotation
- Procurements greater than $10,000, but not exceeding $50,000 shall be eligible to be completed through an Informal Request for Quotation.
- All Informal Requests for Quotation shall require the receipt of three (3) Quotations. Where three Quotations are requested but not received, appropriate documentation shall be maintained on file to evidence the request for Quotations.
- When obtaining the three quotes, due diligence must be used to ensure that the goods or services are purchased in a manner that provides value for money to the ratepayer.
- For purchases exceeding $50,000 where quantities and specifications are available, a formal procurement procedure will occur, similar to what is outlined in 5.5.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 10 of 17
Approved:
Effective: N/A, 2025
5.5 Request for Proposal
- Request for Proposals and Requests for Proposal shall be used for procurements in excess of $50,000, where: a. The requirement is best described in a general performance specification; b. Innovative solutions are sought; and c. To achieve best value, the award selection will be made on an evaluated basis involving a combination of mandatory requirements, which may include but not be limited to cost, technical requirements, ability to meet specifications, compliance, relevant experience, qualifications, and support. A scoring matrix showing the weight of each evaluation component will be provided as part of each Request for Proposal.
- All Requests for Proposal shall require an open solicitation of proposals posted on the County’s website or bidding platform.
- All Requests for Proposal shall require the issuance of a Project Number by the Director of Corporate Services/Treasurer or their delegate.
- The Director of Corporate Services/Treasurer shall be the lead for the Request for Proposal process and will have overall responsibility for coordinating the technical aspects of the Request for Proposal process.
- During the Request for Proposal process, all communication with the proponents shall be through the County’s bidding platform.
- The County reserves the right in its absolute sole discretion to accept or reject any submission.
- Once the departments have evaluated the bids and selected a successful bidder, they will complete the necessary paperwork and submit to the Director of Corporate Services/Treasurer who will, upon satisfactory review, issue an award letter.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 11 of 17
Approved:
Effective: N/A, 2025
- When reviewing submissions, due diligence must be used to ensure that the goods or services are purchased in a manner that provides value for money to the ratepayer. 5.6. Requests for Tenders
- Request for Tender procedures shall be used for procurements in excess of $150,000 that are not related to exempt items or non-standard procurements where: a. The requirements can be fully defined. b. Best value for the County can be achieved by selecting the lowest bid that meets all terms, conditions, and specifications.
- The Director of Corporate Services/Treasurer shall be the lead for the Request for Tender process and will coordinate the technical aspects, including arranging for the public disclosure of bid submissions at the specified date and time.
- The County reserves the right, in its absolute sole discretion, to accept or reject any submission.
- All Requests for Tenders shall require the issuance of a Project Number by the Director of Corporate Services/Treasurer or their delegate.
- Once the departments have selected the successful bidder, they will complete the necessary paperwork and submit it to the Director of Corporate Services/Treasurer, who will, upon satisfactory review, issue an award letter. 5.6.1 Bid Security and Performance Assurance To mitigate financial and performance risk to the County, the following bonding requirements shall apply to Request for Tender (RFT) processes: a. Bid Security All RFT submissions with an estimated value over $150,000 shall include a Bid Bond in the amount of 10% of the bid price, issued by a licensed surety company authorized to conduct business in Ontario. •
Failure to provide a valid Bid Bond in the prescribed format shall render the submission non-compliant and result in automatic rejection.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 12 of 17
Approved:
Effective: N/A, 2025
b. Performance Bond and Labour & Material Payment Bond The successful bidder shall, prior to contract execution, provide the following: •
A Performance Bond equal to 50% of the contract value, to guarantee satisfactory performance of the work.
•
A Labour and Material Payment Bond equal to 50% of the contract value, to ensure payment to subcontractors and suppliers.
c. Acceptable Forms of Security The County may accept the following forms of security, at its sole discretion, and only where permitted by the bid documents: •
Certified cheque,
•
Irrevocable letter of credit,
•
Bid bonds issued by a licensed surety company authorized to conduct business in Ontario.
5.7 Emergency Procurements
- In the event of an Emergency, as defined by this Policy, the Chief Administrative Officer, and their designate(s) are authorized to enter into purchase agreements without requiring a formal competitive process.
- Emergency procurements in excess of $50,000 must be reported to Council at the next scheduled meeting following the Emergency.
- The Department Head (or designate) responsible for the Emergency procurement must forward an appropriate purchase requisition and supporting documents to the Director of Corporate Services/Treasurer within five business days after the purchase agreement date.
- All Emergency procurements shall require the issuance of a Project Number by the Director of Corporate Services/Treasurer or their delegate. 5.8 Non-Standard Procurement
- Sole Source Procurement
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 13 of 17
Approved:
Effective: N/A, 2025
A Sole Source Procurement may be conducted if goods and/or services are available from only one supplier due to: a. Statutory or market-based monopoly. b. Legal restrictions such as patents, copyrights, licenses, or controlled raw materials. c. The uniqueness of the item, service, or system with no viable alternative. 2. Single Source Procurement A Single Source Procurement may be conducted when multiple suppliers exist, but one supplier is selected for valid reasons, including: a. A failed attempt to solicit competitive or compliant bids. b. Compatibility with previously acquired goods/services. c. The supplier’s specialized expertise. d. Advantageous procurement in cases of liquidation, bankruptcy or receivership. e. Cooperative procurement through another organization. f. Short supply due to abnormal market conditions. 3. Where a Sole Source or Single Source Procurement is undertaken, the Department Head and the Director of Corporate Services/Treasurer must document the rationale. 4. A Project Number shall be issued by the Director of Corporate Services/Treasurer or delegate. 5. Once the successful bidder is selected, the department shall complete necessary paperwork and submit it to Procurement for the issuance of an award letter. 5.9. Exempt Procurement This Policy does not apply to the following:
- Training & Education:
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 14 of 17
Approved:
Effective: N/A, 2025
- Conferences, courses, and seminars
- Newspapers, books, and periodicals
- Memberships
- Professional Services:
- Medical, legal, notary, and expert witnesses
- Cultural & Artistic Services:
- Non-profit event sponsorships
- Entertainers and original artwork
- Design contest awards
- Payment-Related Transactions:
- Payroll deductions, WSIB premiums, benefits, and union expenses
- Legal settlements, arbitrations, and damage claims
- Government body charges, licensing fees, and council-approved grants
- Utilities and real estate transactions
- Issues Encountered in the Administration of Procurement Procedures 6.1 Where Strict Adherence to the Policy is Unmanageable If, during any stage of the bidding process—whether approving a Bid Request, conducting a Bid, or deciding on a contract—strictly following this policy becomes impractical, or goes against the County’s best interests, the Authorized Person responsible for the procurement must: •
Inform both the Chief Administrative Officer (CAO) and Director of Corporate Services/Treasurer, who will decide the best course of action together.
•
If they are the CAO, inform Council, which will decide the next steps.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 15 of 17
Approved:
Effective: N/A, 2025
6.2 Unresponsive or Excessive Bids If all bids exceed the project estimate or do not meet the bid requirements, the Authorized Person may: •
Issue a revised Bid Request, or
•
Work with the Department Head, Treasurer, and CAO to negotiate with the lowest compliant bidder to reach an acceptable price.
6.3 When Multiple Bidders Submit the Same Lowest Price a. If two or more bidders submit identical lowest bids, the Authorized Person, along with the Treasurer and CAO, may negotiate with those bidders to secure a lower price, keeping a record of the process. b. Details of these negotiations, including how the final price was determined, will not be shared with any of the bidders. The Authorized Person will document the results. c. If negotiations do not lead to a lower price, the Authorized Person will break the tie using methods specified in the Bid Documents, avoiding any arbitrary decision-making. 6.4 When Only One Bid Is Received If only one bid is submitted, the Authorized Person must may either accept the bid if it meets cost and performance requirements. If not, the Authorized Person may enter into negotiations with the sole bidder on price and/or scope, or may reissue the Bid Request, or elect to single source. 7. Dispute Resolution
- Disputes shall be addressed by the Director of Corporate Services/Treasurer and Chief Administrative Officer as needed.
- Records Retention & Disclosure
- All procurement records shall be managed per the County’s document management policies.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 16 of 17
Approved:
Effective: N/A, 2025
- Disclosure of procurement-related information must comply with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Personal Health Information Protection Act (PHIPA).
- Code of Conduct & Conflict of Interest
- Municipal employees and Council members must uphold integrity and: a. Maintain professional business relationships. b. Foster professional competence. c. Optimize resources for maximum benefit. d. Comply with the Municipal Conflict of Interest Act, relevant trade agreements, and municipal policies.
- Anyone involved in procurement must disclose conflicts of interest immediately.
- Employees and Council members shall not: a. Purchase goods/services outside this Policy. b. Bid on municipal procurements. c. Purchase surplus assets outside of public auction.
- Personal purchases using municipal funds are prohibited unless for service awards.
- Supplier Code of Conduct
- Suppliers must conduct business ethically and adhere to fair bidding practices.
- The County may refuse to do business with suppliers who: a. Engage in unethical bidding. b. Have conflicts of interest. c. Have demonstrated poor past performance. d. Do not adhere to ethical business practices.
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FINANCE Policy & Procedure Manual Subject:
Procurement Policy
Index Number: FIN-02-01 Page 17 of 17
Approved:
Effective: N/A, 2025
- Suppliers must declare conflicts of interest.
- Illegal/unethical bidding includes bid-rigging, bribery, collusion, and false information.
- Suppliers must comply with legal, ethical, and environmental standards.
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Report 2025-045 Council Recommend Report To:
Warden and Members of Council
From:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
May 6, 2025
Re:
Corporate Services – Continued Discussions on the County of Frontenac Procedural By-law Review
Recommendation This report is for information. It is intended to continue soliciting feedback from the Committee members on the review of the Procedural By-law. Background As directed by the Governance Review Committee, staff have begun the process of reviewing and preparing a document for each meeting that identifies the topics for a roundtable discussion on the County’s Procedural By-law 2022-0026. Comment Attached is a Proposed Amendments Chart (Appendix I) that includes some suggested amendments by staff which for the most part are housekeeping amendments that fix typographical errors, with the remaining ones being minor in nature to provide some consistency throughout the By-law . Also attached for the Committees consideration is a tracked changed version of By-law 2022-0026 that include these proposed changes. As noted to the Committee at its April meeting through Report 2025-041 Initial Discussions on the County of Frontenac Procedural By-law, in 2021, County Council established a Procedural By-law Review Committee to carry out a comprehensive review of then Procedural By-law that was enacted in 2013 to ensure that Council had a document that they can both understand and work with. As part of its review process, the Committee reviewed the by-law section by section, recommending to County Council about 83 proposed changes, some minor, some substantial and some new provisions. Given this comprehensive review was carried out in 2022, staff are suggesting that the Governance Review Committee focus its discussions on key elements that it feels might benefit from more in-depth discussion and potential amendments. Staff are offering the following discussions points for this meeting based on initial review of the By-law and experience based on attending meetings:
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Role of Deputy Warden At its April meeting when reviewing Report 2025-041 – Initial Discussions on the County of Frontenac Procedural By-law Review, a portion of the discussion looked at moving away from the Deputy Warden taking the Chair during Council meetings when Council adjourns and meets as the Committee of the Whole. Section 6.10 sets out the Role of Deputy Warden, including the responsibilities of performing the duties of the Head of Council in the absence of the Warden: a) Act as Chair of the Committee of the Whole. b) Be prepared to assume the duties of the Warden. c) Meet regularly with the Warden to be briefed on political matters such as the work of the Eastern Ontario Wardens Caucus. d) Support and attend meetings of a political nature at the request of the Warden. e) Be generally familiar with executive requirements of the County. Although moving into Committee of the Whole is a formality that relaxes the rules of a Council meeting to allow more open dialogue between members, at present, the Head of Council is only presiding over the formalities of the meeting such as adoption minutes, and Motions by members of Council, with the majority of the meeting and key decision items seeing the Deputy Warden in the Chair. Section 9 – Types of Meetings of Council This section addresses electronic participation. Currently, section 9.15 only permits Councillors to participate in a meeting remotely via electronic means, in the event: i. the County of Frontenac is in a declared emergency as defined by the Emergency Management and Civil Protection Act, R.S.O. 1990. ii. Due to a significant weather event. iii. a member is ill, injured or on parental leave. iv. a member has been duly appointed to an external advisory board/committee and is attending a meeting or event hosted by that board/committee, should they be performing this role within Canada. The Committee may wish to consider adding an additional provision that allows a member of Council to participate remotely if attending a meeting or event on behalf of their respective township. Schedule B sets out Committees of Council and their respective mandates, which mandates that Committees shall adhere to the County’s Procedural By-law. Section 9.17 of the Procedural By-law limits a member to only participate electronically up to two times per year. The Committee may also wish to make separate provisions around electronic participation for Advisory Committee members. Citizen appointments to Advisory Committees is on a volunteer basis by citizens, most of which still hold employment. In addition, some Committee meetings are less than an hour in length, with some members living with disabilities, making it difficult to attend the County Administration Office. These members, if limited to meeting the criteria in Section 9.15, would not be able to regularly participate and attend meetings.
Committee Information Report Corporate Services – Continued Discussions on the County of Frontenac Procedural By-law Review May 6, 2025
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Section 19 – Voting Section 19.3 provides every Member present at a Meeting of Council, 1 vote, except for the Mayor of South Frontenac who shall have 2 votes. This provision for 2 votes does not apply to Committee of the Whole, which is technically not a meeting Council, but a Committee meeting of Council. Given that all staff reports and reports from Advisory Committees are considered during Committee of the Whole, the Committee may wish to also discuss extending this provision to Committee of the Whole. The Committee is encouraged to review By-law 2022-0026 and bring forward any proposed changes for discussion. Strategic Priorities Implications Priority 4. Maximize Administrative Leadership within the County Administration. • •
Ensure efficient and responsible financial management of County resources Ensure transparency and accountability of the governance of the County of Frontenac (Council and its Committees).
Financial Implications The costs associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Kevin Farrell, Chief Administrative Officer Alex Lemieux, Director of Corporate Services/Treasurer
Committee Information Report Corporate Services – Continued Discussions on the County of Frontenac Procedural By-law Review May 6, 2025
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2025-045 Corporate Services Continued Discussions on the County of Front…
S.
EXISTING
Proposed Changes to By-law
Explanation
Housekeeping Amendments 3.2
“3.2 c)”
3.3
Typographical error
4.3
December
November
Council term now beings November 14 stemming from amendments to the Municipal Elections Act
4.6
Subsect. (2)
Subsection 4.4
Typographical error
Remove the line “and Council Liaison meetings, should the alternate be appoint to represent a second member Councillor”
This is a housekeeping matter as the new Procedural By-law removed the Council Liaison positions.
4.9
5.11
Section 233
Section 233 (4)
Typographical error
6.8
Administrator
Replace with Administrative Officer Remove reference to “resolutions”
Typographical error
8.3 and 8.4
Typographical error
Section 9.4
Typographical error Typographical error
9.20
Remove the word “that” after Council Change the word “noted” to “note”
9.23
Change Section 6.19 to 9.21
Typographical error
7.1 i) 8.6 9.6 9.13
7.10.2 sub section (c) Section 6.3
Typographical error – the County no longer does resolution sheets.
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Typographical error
Committee Member Comments
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S.
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Proposed Changes to By-law
Explanation
10.5
Change 7.1 to 10.1
Typographical error
12.1
Remove the words “provided that such number is not less than two”
Typographical error – this was pulled from a portion of the old by-law where is spoke to quorum in terms of members of Council excusing themselves from a meeting due to a pecuniary interest. It will be added to section 12.6
12.3
13.1
Remove reference to “Members of Typographical error – this was pulled Township Councils, Township from the old by-law in reference to Joint Staff and Media Council meetings Change 9.3 to 12.4 and 12.5 and Typographical error – see comments add “provided that such number is under 12.1 not less than two” Change 3.4 to 11.1 Typographical error
13.4
Removed this section
This is a repeat of section 3.1
13.5
Change 6.8 to 9.8
Typographical error
15.5
Change 16.1 to 15.1
Typographical error
18.9
Change 19.5 to 18.7
Typographical error
19.15 b)
Change 20.4 to 18.27
Typographical error
19.15 c)
Change 20.10 to 18.30 and 18.31
Typographical error
19.15 d)
Change 20.3 to 18.21 and 18.22
Typographical error
12.6
EXISTING
Committee Member Comments
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S.
Proposed Changes to By-law
Explanation
19.15 e)
Change 20.3 to 18.21 and 18.22
Typographical error
22.12
Remove this section
This can likely be removed since we no longer appoint Mayors to Committees. The new by-law saw all members of Council as equal
Schedule B-3 Admin. Building Task Force Schedule B-5
Disband this Committee
This Committee has met its mandate and can now be disbanded.
Remove reference to Communal Services Governance/Operations Model Review Committee, Communal Services Technical Advisory Committee, and Procedural By-law Review Committee
These Committee have been disbanded through By-law. With this review, they can now be removed.
Disband this Committee
This Committee has met its mandate and can now be disbanded.
Change reference from By-law 2013-0020 to 2022-0026
Typographical error
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Schedule B-6 CAO Selection Committee Schedule B-1 Joint Accessibility Advisory Committee
EXISTING
Committee Member Comments
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S.
EXISTING
Schedule B-2 Planning and Economic Development Advisory Committee Schedule B-4 Administration Committee
Proposed Changes to By-law
Explanation
Change reference from By-law 2013-0020 to 2022-0026
Typographical error
Update to reference By-law 20220026
Typographical error
Proposed Amendments 9.3 h)
Appointment s to External Boards and Committees
17.6
Heading is Speak Once but the body of the text allows to speak twice Three days prior to the Meeting
22.20
Staff are proposing to remove this as an item of business at the Councils first inaugural meeting as this meeting if a formal meeting to swear in the new Council The heading and the body of the 17.6 text conflicts. Is it the Committees preference to allow members to speak once on the same question or speak twice. by the Friday preceding the date of the Committee Meeting.
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Distribution of Committee agendas should be consistent with distribution of Council agendas. This proposed change mirrors section 11.1 regarding Notice of Meetings
Committee Member Comments
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S.
EXISTING
Proposed Changes to By-law
Explanation
22.27
Members rights
Add “of Council” after Members
This makes it more clear that this section is speaking about members of Council’s rights at Committee meetings and not members of the Committee
Remove this section
This is the only Committee that is mandated to meet a set number of times. In addition, because the County does not provide services to the public, it is difficult to report to this Committee quarterly.
Schedule B-1 (iv) The Committee Joint Accessibility shall hold a minimum of Advisory four (4) and a Committee maximum of six (6) Meetings per year
Committee Member Comments
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➢
Committee Member Comments Explanation Proposed Changes to By-law EXISTING S.
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Committee Member Comments Explanation Proposed Changes to By-law EXISTING 2025-045 Corporate Services Continued Discussions on the County of Front…
S.
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9
Committee Member Comments Explanation Proposed Changes to By-law EXISTING S.
Committee Member Comments Explanation Proposed Changes to By-law EXISTING 2025-045 Corporate Services Continued Discussions on the County of Front…
S.
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Consolidated Copy Amendments General Amendments By-law No.
Title
Date of Passage
2023-042
To delete the Communal Service Governance/Operational Model Review Committee and add the Communal Services Technical Advisory Committee)
Sept. 20, 2023
2023-051
to amend By-law No. 2022-0026 (to add the Chief Administrative Officer Selection Committee)
Nov. 23, 2023
2024-005
To Delete the Communal Services Technical Advisory Committee
Jan. 17, 2024
2024-029
Establishment of a Governance Review Committee and Disbandment of the Procedural By-law Review Committee and delete the Procedural By-law Review Committee
October 16, 2024
2023-020
Appointment to the Joint Frontenac Accessibility Advisory Committee
Apr. 19, 2023
2024-039
To appointment David Yerxa to the FAAC
Nov 20, 2024
Committee Appointment Amendments
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By-Law No. 2022-0026 OF The Corporation of the County of Frontenac being a by-law to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings and to Repeal By-Law Number 20130020, Council Procedural By-Law, as Amended, in its Entirety Short Title: “Procedural By-Law” Whereas The Ontario Municipal Act, 2001, authorizes the Council of every municipality to pass By-laws for governing the proceedings of its Council, the conduct of its Members and the calling of meetings; And Whereas, Section 238 (2) further indicates that every municipality and local board shall pass a Procedure By-law for governing the calling, place and proceedings of meetings; now therefore be it And Whereas the Council of the Corporation of the County of Frontenac deems it expedient to repeal and replace By-Law Number 2013-0020, Council Procedural ByLaw, as amended, which was passed on May 15, 2013; Now Therefore Be It Resolved That the Council for The Corporation of the County of Frontenac hereby enacts as follows: Section 1: Short Title 1.1
This Chapter may be referred to as “The Procedural By-Law”. Section 2: Interpretation/Definitions
Use of Pronouns 2.1
Throughout this by-law, the words “he” and “his” shall, where appropriate, be deemed to read “she” and “her”.
Headings 2.2
Headings are inserted in this by-law for ease of reference only and are not to be used as interpretation aids.
Definitions 2.3
In this By-Law: “Abstain” means to refrain from voting. Members who abstain for reasons other than a declared conflict of interest shall be deemed to vote in opposition of the question or matter. “Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended or reenacted from time to time.
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“Ad Hoc” Committee means a committee appointed by Council from time to time, to act on a temporary or singular issue and shall be discontinued by Council when their recommendations upon the specified initiative or matter have been provided, and dealt with by Members of Council and further recommendations are no longer required. “Addendum” means a listing of the items to be added to or withdrawn from a published agenda. “Advisory Committee” means a committee established by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. “Agenda” means the Order of the Day. “Alternate Member” means a member appointed by the Township(s) to act in place of a person who is the member of the Township council and County Council, when the person is unable to attend a meeting of County council for any reason. “Briefings” A verbal update to County Council or Committees of County Council by County Staff or consultants to the County or someone with expertise who has been invited by County Council or Committee. “CAO” means the Chief Administrative Officer of The Corporation. “Chair” means the person presiding at a meeting. “Clerk” means the Clerk of the County of Frontenac as required in the Municipal Act, 2001, and as appointed by By-Law. “Closed Meeting” means a meeting or a part of a meeting of Council or a Committee, which is not open to the public in accordance with the Municipal Act, 2001 and any amendments thereto. “Closed Meeting Investigator” means the body authorized by Council to investigate requests for a closed meeting investigation. “Committee” means any standing committee, sub-committee, advisory committee, ad hoc committee or task force established by County Council. “Committee Chair” means the person presiding at a committee meeting. “Committee of the Whole” means a meeting of all Members of Council sitting as Committee of the Whole at which the rules in this by-law with respect to the number of times a member may speak to an issue do not apply, with the exception to Delegations. “Committee Vice-Chair” means the Vice-Chair of a Committee, who shall act in the Chair’s absence.
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“Council” means the Council of the Corporation. “Corporation” means the Corporation of the County of Frontenac. “Delegate” means the presenter for the delegation in attendance at a Council or Committee meeting. “Delegation” means an address to Council or Committee made at the request of a person wishing to speak. “Deputy Warden” means the position appointed to fulfill the responsibilities of the Warden in his absence. “Ex Officio” means the Warden who by virtue of office shall be a member of all Committees and shall have the same rights and privileges as other members of the respective committee. “Holiday” means: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas Day, Boxing Day. “Integrity Commissioner” means the body authorized by Council to review complaints made with respect to the Code of Conduct for Members of County Council and Committees. (Amended by By-law 2015-0044 passed October 21, 2015). “In Writing” means handwritten, typewritten or electronically displayed. “Majority Vote” means an affirmative vote of more than one half of the Members present and voting. “Meeting” means a quorum of the Members of Council or Committee that are present and discuss issues in a way that materially advances the business or decision making of Council or Committee. “Member” means a Councillor of the Corporation and for Committees as defined in 1(h), shall mean a person appointed to the Committee. “Minutes” means a record, without note or comment, of all resolutions, decisions and other proceedings of Council and Committee Meetings. “Motion to Call the Question” means a motion to close debate and bring Council to a vote on a pending question. “Motion to Postpone” means a motion by which action on a pending question can be put off, within limits, to a definite day, meeting, or hour, or until after a certain event. “Motion to Receive” means a motion to acknowledge the particular item, report or recommendation under consideration and to have it placed in the records of Council with no additional action being taken. By-law No. 2022-0026 County of Frontenac Procedure By-law July 20, 2022
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“Motion to Refer” means a motion to dispose of a question under consideration, with or without any proposed amendment, in order to seek consideration by, and, if deemed desirable, one or more reports from any designated committee, body or official. “Motion to Table” means a motion to postpone without setting a definite date as to when the matter will be considered again. “Ombudsman” means the Ombudsman appointed under the Ombudsman Act. “Pecuniary Interest” means a direct or indirect pecuniary interest of a Member of Council within the meaning of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as amended. “Point of Order” means a question by a Member with a view to calling attention to any issue relating to the Procedure By-law or the conduct of Council’s business or in order to assist the Member in understanding Council’s procedures, making an appropriate motion, or understanding the effect of a motion. “Point of Privilege” or “Personal Privilege” means a question by a Member who believes that another Member has spoken disrespectfully towards that Member or another Member or who considers that his integrity or that of a Member or County official has been impugned or questioned by the Member. “Present” means physically or through virtual format in attendance at the meeting. “Presentation” means an address to Council or Committee at the request of Council, a committee or staff. “Quorum” as it relates to Council and its Committees means a majority of the members. “Recorded Vote” means a written record to be included in the minutes of the meeting of the name and vote of every Member voting on any matter or question. “Resolution” means the decision of Council or its Committees on any motion. “Standing Committee” means a Committee of Members of Council appointed by Council to consider matters regarding the Committees mandate. “Time Sensitive Items” means those items on the agenda or addendum where action must be taken prior to the next regularly scheduled meeting of County Council. “Two-thirds majority vote” means an affirmative vote of at least two-thirds of the Members present.
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“Warden” means the Head of Council of The Corporation. Section 3: Application General 3.1
The rules of procedure set out in this by-law shall govern all proceedings of Council and its Committees.
Suspension of Rules of Procedure 3.2
Subject to Subsection 3.2 c)3.3 any part or parts of this by-law may be suspended, by resolution clearly indicating the purpose and intent of the suspension, if agreed upon by two-thirds majority vote of the Members present, provided the motion is in order.
3.3
The suspension shall only apply to the rule and/or procedure which is stated within the Motion to Suspend, clearly indicating the purpose and intent of the suspension and only during the Meeting in which such Motion to Suspend was introduced.
3.4
Notwithstanding Subsection 3.2 of this By-Law, the following rules and procedures may not be suspended: (a) Quorum necessary for Meetings; (b) the special Meeting rule set out in Subsection 9.11 of this By-Law; (c) the Motion to Reconsider rules set out in Subsection 18.30 and 18.31 of this By-law; and, (d) any rules or procedures that are set out by legislation.
Purpose and Intent 3.5
The purpose of this By-law is to seek to achieve consensus in an orderly and principled manner and the rules of this By-law are based on the principle that: a) The majority of members have the right to decide; b) The minority of members have the right to be heard; c) All members have the right to information to help make decisions, unless otherwise prevented by law; d) Members have the right to an efficient meeting; e) All members have the right to be treated with respect and courtesy; and, f) All members have equal rights, privileges and obligations.
Statutory Requirements 3.6
Notwithstanding anything in this by-law, where Council or a Committee convenes for the purpose of holding a meeting as required by any statute, the provisions of the statute and the Statutory Powers Procedure Act, as applicable, shall govern the proceedings.
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Parliamentary Authority 3.7
The governing legislation, the Procedural By-law, or any standing or special rules of order adopted by the County of Frontenac shall govern the procedures of the Council and committees. Where inconsistencies exist, the latest edition of “Robert’s Rules of Order” shall be the parliamentary authority, which governs the proceedings. Section 4: Membership on Council
Certificate of Election 4.1
No person shall take a seat on Council until the Clerk has received the certificate of election from the Clerk of the lower tier municipality as established by Section 232 of the Municipal Act, 2001 and amendments thereto
Declaration of Office 4.2
In accordance with the provisions of Section 232 of the Municipal Act, 2001 and amendments thereto, no person shall take a seat on Council until the person takes the Declaration of Office in the form established by the Minister for that purpose.
4.3
The Declaration will be administered by: a) The Clerk at each December November inaugural meeting b) A Justice of the Peace at the Inaugural meeting of the new Council, unless unavailable
Appointment of Alternate Member 4.4
Pursuant to Section 267 of the Municipal Act, 2001 and amendments thereto, if a Member of County Council is unable to act as a Member of County Council for a period exceeding one month, the local municipal council may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of County Council.
4.5
Pursuant to Section 268 of the Municipal Act, 2001 and amendments thereto, the council of a local municipality may appoint one of its members as an alternate member of County council, to act in place of a person who is a member of County Council, when the person is unable to attend a meeting of County Council for any reason
4.6
Subsection (2)4.4 does not authorize: (a) the appointment of more than one alternate member during the term of council; (b) the appointment of an alternate member to act in place of an alternate member appointed under subsection 267 (1) or (2); or (c) the appointment of an alternate head of council of the County of Frontenac.
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4.7
Despite clause 4.6 (a), if the seat of the member who has been appointed as an alternate member under subsection 4.6 becomes vacant, the council of a local municipality may appoint another of its members as an alternate member for the remainder of the council term.
Alternate Members of County Council 4.8
An Alternate Member shall not take his seat on County Council until the Clerk of the County has received a certified copy of the appointment by-law passed by the lower tier municipality naming the alternate.
4.9
An alternate appointed under Section 267 of the Municipal Act shall be limited to representing the municipality at a meeting of County Council with the exception of the annual Inaugural Meeting, and Council Liaison meetings, should the alternate be appointed to represent a second member Councillor but not at a meeting of an advisory or special committee, board or agency to which the member of Council has been appointed.
4.10
An alternate appointed under Section 268 of the Municipal Act shall be limited to representing the municipality at a meeting of County Council with the exception of the annual Inaugural Meeting, and not at a meeting of an advisory or special committee, board or agency to which the member of Council has been appointed.
4.11
If appointed under Section 268 of the Municipal Act, it is the responsibility of the Member of Council upon whose behalf an alternate will be serving to ensure that a copy of the meeting agenda is provided to the alternate in advance of the meeting.
4.12
The reimbursement of appropriate costs incurred by an alternate while serving in this capacity shall be paid by the County; however any remuneration will be the responsibility of the constituent municipality. An alternate shall not be eligible to attend a convention or seminar on behalf of the County.
4.13
An alternate attending a meeting of County Council as an observer only, shall leave the meeting room when the meeting is closed to the public. Section 5: Election of Warden and Deputy Warden
Term of Office 5.1
The term of office of the Warden and Deputy Warden shall be 1 year unless re-elected to remain in Office by Council
Election of Warden and Deputy Warden 5.2
The election of the Warden and Deputy Warden shall be held each year at the November County Council meeting
Eligibility to hold office of Warden and Deputy Warden 5.3
All members of County Council are eligible to hold the office of Warden and Deputy Warden.
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5.4
The Warden and Deputy Warden cannot be from the same municipality.
Presiding Officer 5.5
The election of the Warden shall be conducted by the Clerk.
Nominations 5.6
Nominations shall be received until Council by Motion closes the nominations
5.7
Once nominations have been closed, the Clerk shall determine the willingness of each candidate nominated to stand for election
5.8
Each mover and seconder of those candidates who stand for election shall be entitled to speak once in support of their candidate for a maximum of five minutes
5.9
Each candidate who stands for election may make a presentation to Council, not to exceed five minutes in duration
Voting 5.10
The election of the Warden shall be by secret ballot under the authority and the direction of the Clerk
5.11
Pursuant to Section 233(4) of the Municipal Act, 2001 and amendments thereto, for the purposes of election of Warden, each Member of County Council shall have one vote
5.12
If no candidate for Warden receives a majority of the votes cast, the candidate receiving the fewest votes shall be eliminated from the next secret ballot. In the case of a tie for the fewest votes, there will be a second vote of the candidates that tied to determine which candidate will be eliminated from the ballot
5.13
In the case of an equality of votes for Warden, the successful candidate shall be determined by the Clerk placing the names of the candidates on equal size pieces of paper in a receptacle and one name shall be drawn by a person named by the Clerk. The successful candidate shall be the one whose name was drawn
5.14
All ballots shall be destroyed by shredding them following the election of Warden and Deputy Warden
Acclamation of Warden 5.15
Where only one person is nominated for Warden and nominations have been closed by resolution, the Clerk shall declare that person elected to the office in question, by acclamation
Election of Deputy Warden 5.16
The same process shall be followed for the election of the Deputy Warden as for the Warden
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Section 6: Roles and Responsibilities Role of Council 6.1
It is the role of Council to: a) Represent the public and to consider the well-being and interest of the municipality; b) Develop and evaluate the policies and programs of the municipality; c) Determine which services the municipality provides; d) Ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council e) Ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; f) Maintain the financial integrity of the municipality; and g) Carry out the duties of council under the Ontario Municipal Act or any other act.
6.2
Individual Authority – not provided No individual Council Member may direct any Member of staff to perform such duties that have not been authorized by resolution of the Council.
6.3
Established Policies – Members – respect Members of Council shall respect and adhere to the Policies set by the Council and under no circumstances take it upon themselves individually to circumvent established policies.
6.4
Council – liaison with CAO Council Members will liaise with the Chief Administrative Officer on any given matter concerning the municipality.
6.5
Information – by Staff – Members of Council Council Members may request clarification and information from Members of staff, at a meeting on routine matters, who have been assigned the responsibility of providing standard operating procedures.
Preparation of Members to Council Meetings 6.6
Members of Council shall come prepared to every meeting where their participation is required, by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the meeting. Whenever possible, the Members(s) shall make inquiries to Management regarding materials supplied in advance of the meeting
Reports - Requests 6.7
All requests for substantive reports shall be by Council resolution, which shall identify the appropriate Department or Manager and objectives of the report.
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Interference – directed to administration 6.8
No Members(s) shall have the authority to direct or interfere with the performance of any work by Administration of the municipality. All inquiries shall be directed through the office of the Chief AdministratorAdministrative Officer
Role of Warden 6.9
It is the role of the Head of Council to: a) Act as Chief Executive Officer (CEO) of the municipality; b) Preside over Council Meetings so that its business can be carried out efficiently and effectively; c) Provide leadership to the Council d) Provide information and recommendations to the Council with respect to the role of council as described in section 5.1 (d) and (e) above; (without limiting section (5.2(c)) e) Represent the municipality at official functions; f) Carry out the duties of the head of council under this or any other Act. g) Uphold and promote the purposes of the municipality h) Promote public involvement in the municipality’s activities i) Act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and j) Participate in and foster activities that enhance the economic social and environmental well-being of the municipality
Role of Deputy Warden 6.10
In addition to the responsibilities of performing the duties of the Head of Council in the absence of the Warden: a) Act as Chair of the Committee of the Whole. b) Be prepared to assume the duties of the Warden. c) Meet regularly with the Warden to be briefed on political matters such as the work of the Eastern Ontario Wardens Caucus. d) Support and attend meetings of a political nature at the request of the Warden. e) Be generally familiar with executive requirements of the County.
6.11
The duties of the Deputy Warden do not include ex officio responsibilities on Committees.
6.12
Other than noted above, appointment to the position of Deputy Warden does not confer any additional powers or duties upon the incumbent in the general execution of duties defined as a County Councillor.
Chief Administrative Officer 6.13
It is the role of the Chief Administrative Officer to: a) Exercise general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality and the staff placed under his/her supervision; and b) Perform such other duties as assigned by the municipality.
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Clerk 6.14
It is the role of the Clerk to: a) Record, without note or comment, all resolutions, decisions and other proceedings of the Council; b) Record the name and vote of every Member voting on any matter or question, if required by any Member present at a vote; c) Keep the originals or copies of all By-laws and of all minutes of the proceedings of the Council’ d) Perform the other duties required under the Ontario Municipal Act, the Municipal Elections Act, and any other Act and e) Perform such duties as are assigned by the municipality
Delegation – by Clerk 6.15
The Clerk may delegate in writing to any person, other than a Member of Council, any of the Clerk’s powers and duties under this and any other Act.
6.16
Despite the delegation, the Clerk may continue to exercise the delegated powers and duties.
Municipal Administration – Officers – Employees 6.17
It is the role of municipal administration to: a) Implement Council’s decisions and establish administrative practices and procedures to carry out Council’s decisions; b) Undertake research and provide advice to Council on the policies and programs of the municipality; and c) Carry out other duties required under this or any Act and other duties assigned by the municipality Section 7: Conduct During Meetings
Role of the Warden 7.1
It shall be the duty of the Warden: a) To preserve order and decorum and decide all questions of order, subject to an appeal to the Council b) To receive and submit, in the proper manner, all motions presented to the Members of the Council c) To put to vote all questions which are properly brought before Council or necessarily arise in the course of proceedings, and announce the results d) To rule on all procedural matters, without debate or comment e) To decline to put to a vote motions which do not comply with the rules of procedure, or which are not within the jurisdiction of Council f) To restrain the Members, within the rules of order, when engaged in debate g) To call by name any Member persisting in breach of the rules of order of the Council and may order the Member to vacate the Council Chamber h) To adjourn or suspend the Meeting if the Warden considers it necessary because of grave disorder
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7.2
i) To authenticate, by signature, all by-laws, resolutions and minutes of the Council; j) To represent and support the Council, declaring its will and implicitly obeying its decisions in all things The Warden may expel or exclude from any Meeting any person or Member whom the Warden feels has exhibited improper conduct during a Meeting of Council
Warden to Participate in Discussion 7.3
The Warden (or Chair) may ask or answer questions and comment in a general way without ceding the chair.
7.4
If the Warden (or Chair) wishes to speak on a motion or take a definite position and try to persuade Council to support that position, then the Warden (or Chair) must call on the Deputy Warden (or Vice-Chair of a Committee) to take over the chairing of the Meeting until the Warden has finished speaking.
7.5
If the Warden (or Chair) wishes to make a motion, then the Warden (or Chair) must call on the Deputy Warden (or Vice-Chair) to chair the Meeting until the motion has been resolved.
Voting 7.6
The Warden may vote on any matter at his discretion with the exception of a recorded vote at which time voting is required
Conduct of Members 7.7
No Member shall: a) Speak disrespectfully of any Member of Federal or Provincial parliaments, the Council, any constituent municipality, any member or any official or employee of the County; b) Use offensive words or unparliamentary language; c) Speak in a manner that is discriminatory in nature on the basis of the individual’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability; d) Engage in private conversation while in the Council Meeting or use electronic devices (including but not limited to cellular phones) in a manner which interrupts the proceeding of the Council; e) Leave his seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced; f) Speak on any subject other than the subject under debate; g) Where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of deliberations of the closed Meeting; h) Criticize any decision of the Council except for the purpose of moving that the question be reconsidered; or
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i) Disobey the rules of the Council or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. In case a Member persists in any such disobedience, after having been called to order by the Warden, the Warden shall not recognize that Member, except for the purpose of receiving an apology from the Member tendered at the Meeting or any subsequent Meeting Dress Code – Council Meetings – Public Meetings 7.8
All Members of Council are expected wear proper business attire (ties optional) during regularly scheduled, special and In-Camera meetings, although exceptions may be made during extenuating circumstances.
Dress Code – Committee of the Whole 7.9
During any Saturday or Budget meeting, Members of the Council may, if they so choose, wear a “Business casual” attire, which shall mean clothing that is less formal than the regular Business Attire.
Head Dressing 7.10
During the conduct of any meeting of the Council, wearing of any hats, other than for religious purposes, are strictly forbidden by any Members of the Council, Administration or Members of the General Public. Section 8: Code of Ethic – Confidentiality
Executive (In-Camera) subjects – public interest 8.1
Upon completion of any “In-Camera” council meetings, the decisions of the Council with respect to any of the enumerated items listed in Section 4.10; and direction to municipal Administration in accordance therewith, shall then be reported publicly by Council, to the extent that the public interest permits.
Council Response – In-Camera enquiries 8.2
The response of Council Members to enquiries about any matter dealt with during an “In-Camera” closed meeting, prior to it being reported publicly, shall be “This matter is still under advisement” “no comment”, or words to that effect.
Violation of regulation 8.3
Any violation of process to this regulation will result in exclusion of the offending Council Members, requiring a two-thirds vote, from future closed meetings of Council and that Members shall no longer be provided with correspondence, materials or information proposed to be dealt with by Members of Council at a closed meeting.
Exclusion – closed meetings 8.4
The determination of whether or not a violation of process to the closed meeting provisions of this By-law and the length of the exclusion from closed meetings, if so determined, shall be made by Council at a closed meeting and the issues shall be considered by Council prior to the affected Members being excluded
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from any closed meeting by a two-thirds vote. The results of Council’s deliberation shall be reported out publicly. Separate Resolution – per Member 8.5
If the purported violation of the process to the closed meeting provisions of this By-law by more than one Member is to be considered, a separate resolution of Council with respect to each affected Members is to be considered.
Member not permitted to vote 8.6
Notwithstanding Section 7.10.2 sub-section (c) 8.3 and 8.4, the Member affected shall not be permitted to vote on a motion respecting his purported violation of the closed meeting provision of the Procedural By-law, his exclusion from closed meetings, or the length of any such exclusion and may be asked to excuse themselves from the vote, at the discretion of Council.
Release of Information 8.7 The release of any information about matters dealt with by Council at a closed meeting shall be by the Warden or her/his delegate only upon direction of the majority of Council No public release – documents 8.8
Agendas or any items thereon for consideration by Council at a meeting closed to the public shall not be released to the public.
Obligation – confidentiality 8.9 It is the obligation of each Member of Council to keep information confidential and this obligation continues even after the Member ceases to be an elected Member of Council
- Section 9: Types of Meetings of Council Inaugural Meeting 9.1
The Inaugural Meeting of the new Council shall be held on the last Wednesday of November at 9:30 a.m.
9.2
The election of Warden and Deputy Warden shall be the first Agenda items of the inaugural Meeting of Council, and the Clerk shall act as Chair until the Warden and Deputy Warden are elected
9.3
The order of business of the Inaugural Meeting shall include: a)
Declaration of Office to Councillors
b)
Election of Warden
c)
Election of Deputy Warden
e)
Declaration of Office to Warden and Deputy Warden
f)
Dressing of Chain of Office
g)
Warden’s Inaugural Address
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h)
Appointments to External Boards and Committees
i)
Passage of By-laws
j)
Other ceremonial procedures deemed relevant
Commented [JA1]: Should this be left until the next meeting
Regular Meetings of Council 9.4
Regular meetings of County Council shall take place on the third Wednesday of the month at 9:30 a.m. at the County Administrative Offices unless otherwise directed by a resolution of Council.
9.5
Should a closed session be required, Council will begin at 9:00 a.m. and resolve into Closed Meeting and will reconvene as regular Council at 9:30 a.m.
9.6
Notwithstanding the provisions of Section 6.39.4 of this By-law, there shall be no regular meeting of Council in the month of August
Committee of the Whole 9.7
Council may meet as Committee of the Whole to consider any matter it decides. Council may meet as Committee of the Whole during a regular Meeting of Council if included on the agenda. Council may meet as Committee of the Whole during a regular Meeting when it is not included on the agenda by way of motion and a 2/3 vote of the members who are present and voting. Council may also hold a separate Meeting to meet as Committee of the Whole should the need arise.
Special Meetings of Council 9.8
The Warden may, at any time summon a Special Meeting of Council by instructing the Clerk to issue a Notice of Special Meeting with at least fortyeight (48) hours notice to the members.
9.9
Subject to section 9.8, in the case of an emergency or extraordinary circumstances, the Warden may call a Special Meeting without notice.
9.10
The Clerk shall, upon receipt of a written petition of the majority of the Members, call a Special Meeting for the purpose and time mentioned in the petition. The Clerk shall provide all Members of at least forty-eight (48) hours notice of the Special Meeting.
9.11
The only business to be dealt with at a Special Meeting is that which is identified in the Notice of the Meeting
Committee of Management of Fairmount Home 9.12
County Council is the Committee of Management of Fairmount Home
9.13
Council that when making decisions regarding Fairmount Home, specifically when it affects the Homes ability to be in compliance, they are meeting as the Committee of Management of Fairmount Home and recognize the responsibility/liability that they face in terms of their decisions.
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Joint Meetings of Council 9.14
County Council may host a joint Meeting of the constituent lower tier Municipal Councils and County Council for a topic(s) that is common to all municipalities within the County. These Meetings shall be considered Special Meetings of County Council and procedural rules as outlined in this by-law shall apply
Electronic Participation 9.15
While in-person participation shall remain the primary method of participation, there is an expectation that members of Council make every effort to attend meetings in person. Councillors are permitted to participate in a meeting remotely via electronic means, in the event: i) the County of Frontenac is in a declared emergency as defined by the Emergency Management and Civil Protection Act, R.S.O. 1990. ii) Due to a significant weather event. iii) a member is ill, injured or on parental leave. iv) a member has been duly appointed to an external advisory board/committee and is attending a meeting or event hosted by that board/committee, should they be performing this role within Canada.
9.16
Electronic participation will not be allowed at the following meetings:
- Inaugural Session of Council
- at subsequent first meetings of the year (November)
- at a meeting where the yearly budget is being considered unless the municipality or part thereof is under a Declared Emergency
- where a vote of the majority of Council requires it.
9.17
Members may participate electronically in meetings up to two (2) times per year. A member of Council may request permission from the Warden to participate electronically in additional meetings as a result of extenuating circumstances.
9.18
A Member must give to the Clerk a notice of at least 48 hours of their intent to participate electronically in a meeting, unless extraordinary circumstances apply, to which a member will advise the Clerk as soon as possible, recognizing that due to constraints on staff, the member may be admitted late to the meeting
Technology for Electronic Participation 9.19
The technology used shall enable electronic participation of Members in decision-making and ensure the meeting can be open to the public, for example, but not limited to, telephone, video or audio conferencing
Loss of Connection during Electronic Participation 9.20
If connection for a member is lost or fails during the meeting and quorum maintained, any attempt to be reconnected will be at the call of the Chair. The
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Clerk will make noted in the minutes that the participant left the meeting at the time the connection was lost. Procedures for Electronic Meetings 9.21
At the discretion of the Clerk, Meetings where Electronic Means are provided may not be physically opened for the public to attend. If the meeting is not physically opened to the public, the Clerk shall ensure that members of the public have a reasonable opportunity to hear all proceedings of the Meeting through Electronic Means, except for those parts of the Meeting that are closed to the public.
9.22
The Warden (or Chair) may, with the consent of the Meeting, enact such rules as may be necessary to provide for the conduct of voting in a meeting held in whole or part through Electronic Means, including the adoption of motions on unanimous consent, which rules shall supersede the rules on voting set out in section 19 of this By-law
9.23
Despite Section 18.11, all motions will be read during meetings held under Section 6.199.21 Section 10: Closed Meetings of Council
10.1
All regular and special Meetings of Council shall be open to the public, except that a Meeting or part of a Meeting may be closed to the public if the subject matter being considered relates to: a) The security of the property of the municipality or local board; 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 matters before administrative tribunals, affecting the municipality or local board; 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 another Act; h) The Meeting is held for the purpose of educating or training the members and 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. i) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
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j) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; k) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or l) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Other criteria 10.2
A meeting or part of a meeting shall be closed to the public if the subject matter being considered is, a) a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or b) an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, or the investigator referred to in subsection 239.2 (1) of the Municipal Act.
Time of Closed Session 10.3
All Closed Session Meetings shall be held by the Committee of the Whole immediately preceding the Regular Meeting, starting at 9:00 a.m.
10.4
In the event that the Closed Session Agenda items are not completed in the allotted time prior to the Regular Meeting, the Closed Session may be recessed and resumed following completion of the Regular Meeting business items and prior to the passing of by-laws, or during a certain time in the agenda by resolution of Council
Written Resolution for Closed Meetings 10.5
A written resolution outlining the general nature of the subject matter is required before going into a closed Meeting and in the case of a closed Meeting held under 7.110.1(h), the resolution shall state the general nature of the subject matter to be discussed
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Introducing New Business at a Closed Meeting 10.6
If a member of Council wishes to introduce new business at a closed Meeting, it must be introduced in open session and then confirmed at the adoption of the agenda. When the Council resolves into a closed session, the Council member advise on the nature of the new business and the County Council, by majority vote, will determining if the matter will be dealt with in the closed session. No debate on the issue will take place until the motion to deal with the new business has been decided in the majority.
Closed Meeting Documentation to Remain Confidential 10.7
All information, documentation and/or deliberations received, reviewed or taken in a closed Meeting, including agendas and minutes shall, remain confidential and shall not be released to the public
Closed Meeting Investigator Reports 10.8
Where Council is in receipt of a report from the Ombudsman reporting his or her opinion that a Meeting or part of a Meeting appears to have been closed to the public contrary to the provisions of Section 239 of the Act or the provisions of this By-Law, Council shall pass a Resolution confirming how it intends to address the report Section 11: Notice of Meetings
Notice to Members 11.1
Notice of regular Meetings, including agendas, minutes, and supporting documents shall be provided via electronic mail by the Friday preceding the date of the Council Meeting. Alternative formats shall be made available upon request of the member. Notice may be provided by telephone or personal contact in case of an emergency
Notice to Public 11.2
Notice of regular Meetings shall be given by posting agendas and supporting documentation on the County’s web site. In the event an agenda is amended, it shall be reposted as an amended agenda. To meet accessibility needs, alternative formats shall be made available upon request. Section 12: Quorum
12.1
Quorum as it relates to Council shall consist of a majority of the members. (Quorum for Frontenac County Council is 5 members) provided that such number is not less than two
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12.2
If a quorum is not present at a scheduled Meeting thirty (30) minutes after the scheduled commencement time, the Meeting shall stand adjourned until the date of the next regular Meeting and the Clerk, shall record the names of the Members present
Protocols for Beginning Session 12.3
At the hour appointed, when a Quorum is present, the Warden shall take the Chair and call Council to order. The Clerk shall record in the minutes attendance of Members of County Council, County Staff, Members of Township Councils, Township Staff and Media. If a Member of Council arrives late or leaves before final adjournment, the Clerk shall note the time of arrival or departure in the minutes
Loss of Quorum 12.4
If Quorum is lost during a Meeting, the Chair shall call a recess for a period of fifteen (15) minutes, or until a Quorum is present, whichever is sooner.
12.5
If there is no Quorum after fifteen (15) minutes, the Meeting shall stand adjourned and a special meeting be called as soon as possible to conclude the unfinished business. A confirmatory by-law for actions taken by Council up until the point when quorum was lost will be included on the agenda for the special meeting
Loss of Quorum due to Pecuniary Interest 12.6
Notwithstanding Section 9.312.4 and 12.5, where the number of Members, who by reason of the provisions of the Municipal Conflict of Interest Act, are prohibited from participating in a Meeting is such that, at that Meeting, the remaining Members are not of sufficient number to constitute a quorum, then the remaining number of Members shall be deemed to constitute a quorum, provided that such number is not less than two
Absence of Warden 12.7
In the case of the Warden not attending within fifteen (15) minutes after the hour fixed for holding the meeting of the Council, and provided that a quorum is present, the Deputy Warden shall take the Chair and call the Members to Order; and he/she shall preside until the arrival of the Warden
Absence of Warden and Deputy Warden 12.8
In the absence of the Warden and Deputy Warden, and if a quorum is present, the Clerk shall call the Members to order. A Chairperson shall be chosen from the Members present who shall preside over the meeting until the arrival of the Warden or Deputy Warden Section 13: Agenda and Addendum
General 13.1
The Clerk, in consultation with the Warden, shall have prepared and delivered to the Members a minimum of five days prior to the Meeting of Council an
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electronic agenda, including staff reports, by-laws and background information, for their review and consideration in accordance with Section 3.411.1 of this By-Law. Agenda Order 13.2 The business of Council shall be taken in the order in which it stands upon the agenda as follows: a) Call to Order b) Roll Call c) Closed Meeting d) Approval of Addendum e) Disclosure of Pecuniary Interest and General Nature Thereof f) Adoption of Minutes g) Deputations and/or Presentations h) Proclamations i) Move into Committee of the Whole j) Briefings k) Unfinished Business l) Move into Committee of Management of Fairmount Home m) Revert Back to Committee of the Whole n) Consent Reports from the Chief Administrative Officer o) Recommend Reports from the Chief Administrative Officer p) Information Reports from the Chief Administrative Officer q) Reports from Advisory Committees of County Council r) Return to Council s) Adoption of the Report of the Committee of the Whole t) Motions, Notice of Which has Been Given u) Giving Notice of Motion v) Communications w) Other Business x) By-laws – General By-laws and Confirmatory By-law y) Adjournment 13.3
Approval of the Addendum, if required, directly follows Closed Meeting, with a 2/3 vote of the members present and voting.
Agenda Items due to Clerk 13.4
The Clerk, in consultation with the Warden, shall have prepared and delivered to the Members a minimum of five days prior to the Meeting of Council an electronic agenda, including staff reports, by-laws and background information, for their review and consideration in accordance with Section 3.4 of this ByLaw.
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Commented [JA2]: This is a repeat of 13.1
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Deadline to submit materials to the Addendum 13.5
The deadline for receipt of added materials to be included on an Addendum shall be 9:00 a.m. one (1) business day prior to the scheduled Meeting, subject to the discretion of the Warden.
Unfinished Business 13.5
When any business matter from an agenda is left unresolved at the time of adjournment, either for want of a quorum or otherwise, such business shall be taken up in succession at the next Meeting of the Council as unfinished business, or at a Special Meeting of Council as summoned by the Warden pursuant to Section 6.89.8
Briefings 13.6
Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda. If a briefing is expected to be in excess of 10 minutes, the agenda will note the length of time the briefing is expected to last Section 14: Council Minutes
Minutes Content 14.1
The Clerk shall prepare and cause the minutes to be taken of each meeting of Council and which shall include: a) The place, date and time of the meeting; b) The name of the presiding officer or officers and the record of the attendance of the Members. c) Members who enter after the commencement of a meeting or leave prior to adjournment, the time shall be so noted in the minutes. d) To record, without note or comment, all resolutions, decisions and other proceedings of the Council. e) To record all publicly declared conflict of interests made by Members and identify that the Member has recused itself from discussion or vote on the declared matter, when the subject matter is brought up for debate. f) If required by any Members present at a vote, to record the name and vote of every Member voting on any matter or question
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Adoption of Minutes 14.2
Minutes of all open Meetings of Council shall be adopted at the next regular Meeting of Council and the Warden and Clerk shall then sign such minutes. Minutes of all closed Meetings of Council shall be adopted at the next closed Meeting of Council and the Warden and Clerk shall then sign such minutes. Members of County Council may ask questions of clarification of the minutes. Section 15: Disclosure of Pecuniary Interest
Method of Disclosure 15.1
Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall, in accordance with the Municipal Conflict of Interest Act: a) Prior to any consideration of the matter at the Meeting, disclose the Member’s interest and the general nature thereof; and b) Not take part in the discussion of, or vote on any question in respect of the matter, and c) Not attempt in any way whether before, during or after the Meeting to influence the voting on the matter, and d) Shall file a written statement of the interest and its general nature with the Clerk
Closed Meetings 15.2
Where a Meeting is not open to the public, in addition to complying with the requirements of the Municipal Conflict of Interest Act, the Member shall forthwith leave the Meeting or the part of the Meeting during which the matter is under consideration
Absence – Disclosure at Next Meeting 15.3
Where the interest of a Member has not been disclosed by reason of the Member’s absence from a particular Meeting, the Member shall disclose the Member’s interest and otherwise comply at the first Meeting of the Council or Committee, as the case may be, attended by the Member after the particular Meeting
Record and Registry of Disclosure 15.4
The Clerk shall record in reasonable detail the particulars of any disclosure of pecuniary interest made by a Member, and this record shall appear in the Minutes of that Meeting
15.5
The Clerk shall establish and maintain a registry in which shall be kept, a) a copy of each statement filed under section 16.115.1; and b) a copy of each declaration recorded under section 16.115.1
15.6
The registry shall be available for public inspection upon 48 hours written notice to the Clerk’s Office
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Section 16: Delegations and/or Presentations Request for Delegation 16.1
Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not less than ten days preceding the Council Meeting at which such person desires to be heard
16.2
In order to be scheduled as a delegation before Council, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the Council Meeting
16.3
The Clerk, in consultation with the Warden, shall have the authority to deem a delegation inappropriate or outside the scope of Council authority and deny the item a place on the agenda
16.4
Except as required by law, any person appearing before Council or a Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances
16.5
Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk.
16.6
Each delegate shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion of the Warden
16.7
A maximum of two (2) delegations may address Council per Meeting, excluding the County’s External Boards and funded agencies.
16.8
The number of speakers for one delegation shall be limited to two, unless authorized by Council resolution.
Conduct at Meeting 16.9
All delegates shall address the Warden, shall state their name and whom they represent
16.10
No delegate shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Warden or Council.
16.11
The Warden may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Warden rules that the deputation is concluded, the person or persons appearing shall withdraw
16.12
Members of the public who constitute the audience at a Meeting, shall not:
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a) Address Council or Committee without permission; b) Bring signage, placards or banners into such Meetings and refrain from any activity or behavior that would affect the Council deliberations. Specific Recognition of Member 17.1
To address Council, a Member shall request to speak, be recognized by the Warden and direct all comments through the Warden.
Order of Speakers 17.2
When two or more Members indicate their desire to speak at the same time, the Warden shall designate the order of speakers.
Interruptions 17.3
When a Member is speaking, no other Member shall interrupt the Member speaking, except to raise a point of order, privilege or personal privilege
17.4
Any Member may require a motion or question under discussion to be read at any time during the debate, but not so as to interrupt the Member speaking.
Five Minutes 17.5
No Member shall speak for longer than five minutes on a question without Council’s permission.
Speak Once 17.6
No Member shall speak more than twice to the same question without Council’s permission, except the presenter on the motion may respond to questions
Commented [JA3]: These 2 conflict. Is the preference to speak once or twice
Questions 17.7
A Member may ask a question only for the purpose of obtaining information relating to the matter under discussion and the question shall be stated succinctly and asked only of the Warden, the previous speaker or County staff
Points of Order and Privilege 17.8
When a Member rises on a point of order, point of privilege or point of personal privilege, the Member shall ask leave of the Warden to raise the point. After leave is granted, the Member shall state the point to the Warden and then remain silent until the Warden has ruled upon the point
17.9
Subject to being overruled by Council on a vote which shall be taken immediately and without debate, the Warden shall rule on the point
17.10
Any Member may challenge the ruling of the Warden immediately following the ruling
17.11
The Warden’s ruling is final unless it is challenged.
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17.12
If challenged, the Deputy Warden will take the Chair.
17.13
Council’s decision is final if the Warden is challenged Section 18: Motions
Jurisdiction 18.1
A motion or notice of motion in respect of a matter which is not within the jurisdiction of Council shall not be in order and shall not be considered by Council
Putting a motion on the agenda 18.2
Motions introducing new matters must be in the hands of the Clerk by Noon on the Friday prior to the regular County Council or Committee Meeting for inclusion on the agenda.
18.3
Every motion must be in writing and have a mover and seconder before being submitted to the Clerk for inclusion on the agenda.
18.4
All motions will be placed in the order in which they are received.
18.5
Motions for which notice has not been previously given shall only be considered if agreed upon by a two-thirds majority vote of the Members present.
18.6
After a motion has been proposed and seconded, and placed in the hands of the Warden, it shall be considered to be in the possession of Council but may be withdrawn with the consent of the mover and the support of a majority of Council.
Motions Introduced Orally 18.7
The following may be introduced orally without written notice and without leave of Council: a) A point of order, privilege or personal privilege b) Presentation of petitions c) A motion to waive or suspend the rules of procedure d) A motion to recess e) A motion to adjourn f) A motion to call the question g) A motion to separate the question h) A motion that Council resolve itself into a closed Meeting i) A motion to receive an item j) A motion to table an item k) A motion to lift from the table l) A motion to refer m) A motion to defer
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n) A motion to amend, and o) A motion to adopt a recommendation Motions to be in Writing 18.8
Except as provided in Section 18.7, all motions and notices of motion shall be in writing.
Motions to be Seconded 18.9
A motion shall be moved and seconded before being open for discussion and consideration. Motions under Sections 19.518.7 (a) and (b) do not require a seconder.
Mover May Vote in Opposition 18.10
A member may move a motion in order to initiate discussion and debate and that Member may vote in opposition to the motion. A seconder of a motion may also vote in opposition to the motion.
Motion Considered to be read 18.11
Motions contained in the published agenda will only be read if requested by a member of Council or under the following conditions: a) A member requests a recorded vote on the motion b) Where an amendment to a main motion is made, both the amendment, and the motion as amended
18.12
Any member of Council may request that a motion be summarized by its author.
18.13
Motions not contained in the published agenda shall be read.
Motion Extend 18.14
A motion carried by a two-third vote of the members present and voting will extend the meeting past 1:00 p.m.
18.15
At 12:45 p.m. the Warden will ask if Council wishes to proceed beyond 1:00 p.m. A motion put forward must stipulate the purpose of the extension (i.e. to complete the agenda in its entirety, or a certain portion of the agenda, or that the extension is for a specific period of time).
18.16
If a two-thirds vote is not achieved to extend the meeting, Council will consider the time sensitive items, and at 12:55 p.m. Council will move directly to bylaws.
Motion to Recess 18.17
A motion to recess is debatable; however debate is restricted to the length of time of the recess only.
18.18
A motion to recess is amendable; however any amendment shall refer to the length of time of the recess only.
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Motion to Adjourn 18.19
A motion to adjourn the Council Meeting is not debatable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting, or d) when a Member has indicated to the Warden his desire to speak on the matter before Council.
18.20
A motion to adjourn shall take precedence over any other motion.
Motion to Call the Question 18.21
A motion to call the question is not debatable and shall be put immediately.
18.22
A member who moved a motion to call the question shall not be allowed to speak to the question again if the motion is decided in the negative.
Motion to Table (postpone indefinitely) 18.23
A motion to table: a) is not amendable; b) shall apply to the motion and any amendments under debate when the motion to table is made; c) is debatable; however debate may go into only the reasons why the motion should or should not be dealt with at this time;
18.24
If the motion to table carries, in the absence of any direction from Council, the matter may not be discussed until a Member through a Notice of Motion, brings it forward to a subsequent Meeting.
Motion to Refer 18.25
A motion to refer, until it is decided, shall precede all amendments of the main question
18.26
A motion to refer: a) is amendable; b) is debatable; c) shall include the name of the Committee or official to whom the motion or amendment is to be referred; and d) shall include the terms upon which it is to be referred and time or period, if any, on or within which the matter is to be returned
Motion to Postpone 18.27 A motion to defer: a) is debatable; b) is amendable;
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c) shall include the time to or period within which, consideration of the matter is to be deferred; and d) shall include an explanation to demonstrate the purpose of the motion to defer. Motion to Amend 18.28 A motion to amend: a) is debatable b) only one motion to amend a motion shall be on the floor at any one time c) shall receive disposition of Council before a previous amendment to the question d) shall not be amended more than once before voting e) shall be relevant to the question to be received f) shall not be received proposing a direct negative to the question g) may propose a separate and distinct disposition of a question h) shall be put in the reverse order to that in which it is moved. Motion to Receive 18.29 A motion to receive, moved after the main motion, is debatable and shall be treated as an amendment to the main motion Motion for Reconsideration 18.30 A motion to reconsider a matter within one year following the decision of the Council shall be in order to permit correction of hasty, ill-advised or erroneous action or to take into account added information or a changed situation that has developed since the taking of the vote. A motion to reconsider is not in order if the provisions of the original motion have been partly carried out or involve a contract were the party to the contract has been notified on the outcome. 18.31 A motion to Reconsider a) A motion to reconsider is debatable; b) No discussion of the main question shall be allowed until the motion for reconsideration is carried by a two-thirds majority vote of the members present; c) Once the question is reopened, it is reopened in its entirety unless the reopening motion specifies otherwise; d) If the question is reopened, all previous decisions of the Council remain in force unless the Council decides otherwise; e) No motion to reconsider may, itself, be the subject of a motion to reconsider Notices of Motion 18.32
A notice of motion shall be given in accordance with the Agenda of Council and shall be in writing and shall include the name of the mover and seconder.
18.33
The Clerk shall place notices of Motion on the Agenda in the order in which they are received
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Giving Notices of Motion 18.34
The Clerk will read any notices of motion at the designated point on the Agenda; however they will form part of the Agenda for the subsequent Meeting of Council
18.35
Any Member giving a Notice of Motion shall disclose the subject matter of the motion.
18.36
Any notice of motion, the subject matter of which falls within the mandate of a Committee, shall be referred directly to that Committee by the Council unless the Council determines that it should not be first considered by the Committee, for reasons of emergency, health, safety or legal deadline. Section 19: Voting
Order of Votes 19.1
Motions relating to an item under consideration shall be voted on in the following order: a) A motion to waive or suspend the rules of procedure b) A motion to adjourn c) A motion to recess d) A motion to receive an item e) A motion to call the question f) A motion to defer g) A motion to refer h) A motion to amend, in reverse order of its being placed i) A motion to table an item j) The main motion.
Members Shall Vote 19.2
Every Member present at a Meeting of Council where a question is put shall vote on the question, unless prohibited by statute, in which case the Clerk shall so record
Number of Votes 19.3
Subject to the exception under Section 5.11 above, every Member present at a Meeting of Council where a question is put shall have 1 vote except for the Mayor of South Frontenac who shall have 2 votes.
19.4
If the Mayor of South Frontenac is absent at a Meeting, the other Councillor representing South Frontenac shall only have 1 vote.
19.5
If the Mayor of South Frontenac is absent at a Meeting and requests the alternate for South Frontenac attend on his/her behalf, the alternate member shall only have 1 vote
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Warden to State the Question 19.6
Immediately preceding the taking of a vote, the Warden shall state, if requested, the question in the precise form in which it will be recorded in the minutes
Method of Voting 19.7
A Member shall vote by raising a hand or otherwise indicating the Member’s vote, except where a recorded vote is requested.
19.8
During virtual meetings, the Warden may have the discretion to call a vote by asking all those opposed to the motion
Actions During Vote 19.9
When the Warden calls for the vote on a question, a) Each Member shall occupy his seat and shall remain in place until the result of the vote has been declared by the Warden, and b) During this time no Member shall walk across the room or make any other motion or speak to the question or any other Member or make any noise or disturbance.
Split Votes 19.10
Upon the request of any Member, and when the Warden is satisfied that a matter under consideration contains distinct proposals, the vote upon each proposal shall be taken separately
No Vote Deemed Negative 19.11
If any Member present does not vote at a Meeting of the Council where a question is put and a recorded vote taken, he shall be deemed to vote in the negative except where the Member is prohibited from voting by statute
19.12
The Warden may vote on any question and shall vote in the case of recorded votes
Majority Vote 19.13
All decisions of Council shall require a majority vote except as otherwise set out in this By-Law
Equality of Votes 19.14
Any motion that receives a tie vote shall be deemed to have been decided in the negative.
Two-Thirds Vote 19.15
The following decisions of Council require a two-thirds majority vote: a) A motion to consider a report or by-law that does not relate to a matter listed on the Agenda;
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b) A motion to consider a matter previously postponed indefinitely or to a time or eventuality that has not been reached or occurred under Section 20.418.27 of this By-Law; c) A motion to reconsider a question decided within the previous year under Section 20.1018.30 and 18.31 of this By-Law; d) A motion to suspend the provisions of the By-Law under Section 2.13.2 of this By-Law; e) A motion to call the question under Section 20.318.21 and 18.22 of this By-law. Recorded Vote 19.16
A request for a recorded vote by a Member present at the Meeting shall be made prior to the commencement of the vote being taken or immediately thereafter.
19.17
Should a Recorded Vote be requested by a Member, the Clerk shall poll the Members as follows: a) voting shall begin with the Member who requested the Recorded Vote and shall continue alphabetically until the vote is completed; b) each Member present, except a Member who is disqualified from voting in accordance with Subsection 23.2, shall announce their vote openly; c) the Clerk shall announce the result of the Recorded Vote; and d) the names of those Members who voted for and those who voted against the Motion shall be entered in the minutes
Request for Further Vote 19.18
If a Member doubts the results of a vote as announced by the Clerk, the Member may call for the vote to be taken again and the Warden shall request that the Members shall vote again Section 20: Other Business
Items to be Considered for Other Business with Prior Notice 20.1
Miscellaneous Business/Motions that do not warrant a staff report may be placed on the agenda under Other Business provided that the business is posted on the agenda with supporting documentation.
Items to be Considered for Other Business without Prior Notice 20.2
Statement by Members – When a Councillor(s) wishes to inform Council of a matter that does not require action or consideration by Council, such information may be announced under Other Business.
20.3
Matters of Urgency – When a Councillor(s) wishes to inform Council of a matter that must be considered immediately, due to extreme time constraints, Council shall determine if the matter is admissible and requires immediate action by Council, by a two-thirds majority vote. Only matters of urgency, ruled admissible by Council, shall be considered by Council without prior notice.
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Section 21: By-laws Introduction 21.1
All by-laws shall be introduced by motion specifying the title thereof
Three Readings 21.2
Every by-law shall have three readings prior to being passed
By-Laws Taken as Read 21.3
By-laws shall be taken as read for the first, second and third readings unless otherwise decided by a majority vote of Council.
Separate Vote 21.4
By request of any Member, any by-law(s) may be discussed or voted on individually.
Pass at One Meeting 21.5
A by-law may be passed through all its stages and be finally passed at one Meeting.
Confirmatory By-law 21.6
The proceedings of every Meeting of Council shall be confirmed by by-law at each Meeting in order that every decision of Council in that year and every resolution thereof shall be of the same force and effect as if each and every one of them had been the subject matter of a separate by-law duly enacted.
Amendments 21.7
All amendments to any by-laws approved by Council shall be deemed to be incorporated into the by-law and if the by-law is enacted by Council, the amendments shall be recorded by the Clerk.
Authorization 21.8
Every By-law passed by the Council shall be numbered and dated, and shall be sealed with the Seal of the Municipal Corporation and signed by the Warden and Clerk and shall be kept by the Clerk in the Clerk’s office or any other place appointed for that purpose. Section 22: Committees
Council’s Role 22.1 Council shall determine the appropriate number of Committees, their membership, mandates and reporting practices.
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Advisory Committees of County Council – Schedule B 22.2 The composition and terms of reference for Advisory Committees are in accordance with Schedule B, attached hereto and forming a part of this By-Law as follows: External Boards and Committees – Schedule C 22.3 The Committees to which County Council makes appointments, but are not Committees of County Council, is included in Schedule C. These Committees are bound by the rules established by their governing body and do not abide by the County’s Procedural By-law. Appointment/Nominees to Other Boards 22.4 Appointments and nominees to other boards, such as the KFL&A Public Health Board and the Kingston Frontenac Public Library Board, shall be appointed directly by Council. Eligible Appointees 22.5
Every member of a Committee must be either a member of Council or a person eligible to be elected as a member of the Council, in accordance with the Municipal Elections Act, unless approved by a majority resolution of Council.
Term of Appointment 22.6
The Term of Appointment for Members of Committees shall be in accordance with the Terms of Reference of the Committees set out in Schedule B to this By-law.
22.7
Committee members will continue to serve on a committee past the expiration of their term until they are replaced. All Council membership on all Committees end on November 14 of a municipal election year.
Absenteeism 22.8
If a member of a Committee is absent for three (3) consecutive meetings without cause acceptable to the Committee, the absences will be brought to the attention of the Clerk.
22.9
The Clerk will contact the absent committee member to discuss the reasons for absenteeism and to determine whether the member wishes to provide a letter of resignation.
22.10
Upon confirmation that the member will no longer be serving on the Committee, the Clerk will notify Council of the vacancy and the need for a replacement. If a member indicates the desire to continue to serve on the Committee, the member will be advised that attendance is required, or the member will be removed from the Committee.
Election of Chairs and Vice-Chairs 22.11
Chair and Vice-Chair of each Committee shall be elected on an annual basis by the Committee from its Members:
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a) Each candidate for Chair and Vice-Chair who stands for election may make a presentation to the Committee; b) The Committee shall elect a Vice-Chair to chair the proceeding in the absence of the Committee Chair; c) The Warden shall not be eligible to be the Chair or Vice-Chair of a committee; d) The Chair and Vice-Chair of committees may hold their respective positions for a maximum of four consecutive years if re-elected to do so; e) Each Chair and/or Vice-Chair shall preside at every Meeting of their Committee, may vote on every question submitted for consideration and may require that resolutions be in writing. 22.12
Section 22.11 c) does not apply when the composition of the Committee with respect to Council appointments is the Mayors of each Township
Commented [JA4]: This can likely be removed since we no longer appoint Mayors to Committees
Removal of Chair or Vice-Chair 22.13
The Chair or Vice-Chair can only be removed by a vote of the majority of Members of the Committee or by resolution of Council.
Warden’s Membership on Committees 22.14
The Warden shall be an ex officio Member of all Committees and Task Forces and shall be counted for Quorum purposes and entitled to vote at such meetings.
Clerk shall be Secretary 22.15
The Clerk or designate shall be the Secretary of all Committees of Council and shall be present at all Meetings. The Clerk shall record the proceedings of all Committees of Council in the form of minutes.
22.16
The minutes shall reflect that the Minutes are not verbatim.
22.17
Despite Section 22.15, the Clerk may delegate to any employee duties related to the preparation of the Agendas, giving of notice of the Meetings, recording of the minutes and general administrative support to the Committees.
Committee Meeting Dates & Locations 22.18
Committees shall establish regular Meetings dates, times and locations at the beginning of each year. Meetings will be held in the County of Frontenac Administration Building. Alternative locations shall only be considered where staff capacity and resources are deemed sufficient
Public Notice 22.19
Notice of Meetings including agendas, minutes and supporting documentation to the Members shall be via electronic mail, regular mail, courier or facsimile. Notice may also be provided by telephone or personal contact in case of an emergency
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22.20
Notice of Meetings shall be given by posting agendas and supporting documentation on the County’s website. Notice of Meetings shall be posted as soon as practical after being established by Committees. Agendas and supporting documentation shall be posted three days prior to the Meeting and in the event an agenda is amended it shall be reposted as an amended agenda.
Commented [JA5]: This should be the same as Council the Friday before the meeting
General Role of Committees 22.21
The role of Committees shall generally be to: a) make recommendations to Council on matters which are in their jurisdiction; b) guide and request staff to provide reports on the direction and nature of policy development, fact finding, analysis and generation of public policy matters; c) receive public deputations and establish mechanisms to receive further public input on vital public policy matters.
Responsibility to Act on Recommendations 22.22
No action shall be taken on Committee recommendations until approved by Council unless the responsibility has been delegated to the Committee by Council.
Recommendations Lost or Deferred at Committee Meetings 22.23
Report Recommendations rejected by any Committee must be reported to Council with a “negative recommendation”, allowing Council the opportunity to discuss the item.
22.24
Motions that result in a tied vote at a Committee must be reported to Council with no recommendation to allow Council the opportunity to discuss and make a decision.
22.25
Report Recommendations receiving no mover or no seconder by any Committee must be reported to Council with no recommendation to allow Council the opportunity to discuss the item
Committee Procedures 22.26
The rules governing the procedure of the Council and the conduct of Members of Council at Council shall be observed as far as they are applicable, and, subject to the specific rules for Committees set out in this section including: a) the number of times of speaking on any question shall not be limited; b) a majority vote shall be required to decide any matter before the Committee; c) recorded votes shall not be weighted and members shall be called to vote by last name in alphabetic order;
Members’ Rights 22.27
Members of Council who are not Members of a specific Committee may attend Meetings of that Committee and may, with consent of the Chair of that
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Committee, take part in the discussion, but shall not be counted in the quorum or entitled to make motions or to vote at these Meetings. Public Participation at Committee Meetings 22.28
At Committee meetings that are open to the public, following the introduction of an agenda item and once a motion has been introduced, members of the committee may speak to the motion first. Following the members’ discussion, the Chair may invite members of the public to share their comments, views, suggestions and opinions but may not participate in the debate. Prior to calling the question the Chair has discretion to give the public another opportunity to speak.
Absence of Chair and Vice Chair 22.29
In the event of the Chair of a Committee not attending the Committee at which he is to preside within fifteen (15) minutes after the time appointed for the commencement of the Meeting, the Committee Vice Chair shall call the Meeting to order and preside until the arrival of the Committee Chair. Should the Committee Vice-Chair not be in attendance at the Meeting, then, those Members in attendance shall appoint one of the Members to act in place of the Committee Chair for that Meeting. Such Member shall then call the Members to order and shall preside until the arrival of the Committee Chair or the Committee Vice-Chair.
Meeting Limitation 22.30
No Committee Meeting shall be held while Council is in session
Agendas 22.31
The Clerk shall prepare for distribution Committee agendas.
22.32
In accordance with requirements for public notice, transparency and disclosure, new substantive items should not be introduced on the Agenda under Other Business.
Deputations 22.33
Any person desiring to present information to a Committee may do so subject to the following: a) The request shall be in writing and the information to be presented shall be on matters of fact or to make a request of the Committee; b) Requests shall be made not less than ten days preceding the Committee Meeting at which such person desires to be heard; c) Exceptions to the ten days’ notice requirement required in (b) above may be approved by the Committee Chair; d) Any person who is scheduled to appear as a deputation before a Committee is requested to submit written documentation for the Committee’s consideration to the Clerk’s Department not less than five (5) days preceding the Committee Meeting;
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e) The rules relating to time limits, behavior, curtailment of time and conduct shall be as set out in Section 16. Declarations of Pecuniary Interest 22.34
Members of Committees shall adhere to Section 15 with respect to declarations of pecuniary interest in Committees.
Quorum 22.35
A quorum as it relates to Committees of Council shall consist of a majority of the members.
Right to Expel 22.36
The Chair has the right to expel or exclude any person from any Meeting for improper conduct.
Reconsideration 22.37
No Committee shall reconsider any question decided by the Council within a year after the Council decision, nor consider any other matter which could involve a decision inconsistent with a Council decision. Section 23: Repeal / Enactment
By-laws Previous 23.1
By-law 2013-0020 and all adhering amendments are hereby repealed.
Effective Date 23.2
This By-law shall come into effect on the November 15, 2022
Conflict with Statute 23.3
If there is any conflict between this By-law or any portion thereof and any statute, the provisions of the statute shall prevail.
Read a First and Second Time this 20th day of July, 2022. Read a Third Time, Signed, Sealed and Finally Passed this 20th day of July, 2022. The Corporation of the County of Frontenac
Denis Doyle, Warden
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Jannette Amini, Clerk
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Schedule B-1 Advisory Committee to County Council Committee Name: Joint Accessibility Advisory Committee Establishment of the Committee (i) That a Committee to be known as the County of Frontenac Joint Accessibility Advisory Committee be hereby established. (ii) That the Committee shall be comprised of not more than 7 members as follows: ▪
2 Members of County Council
▪
4 Members of the Community who are persons with disabilities (one representative from each Township)
▪
1 Member from the Community at large
who shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (iii) That Committee shall adhere to the County’s Procedural By-law No. 2013-0020 2022-0026 and any amendments thereto, specifically Section 25 – Committees to govern all proceedings of the Accessibility Advisory Committee Meetings. (iv) The Committee shall hold a minimum of four (4) and a maximum of six (6) Meetings per year.
Commented [JA6]: Suggest this be reworded to remove minimum 4 meetings and maximum 6
Mandate of the Committee To assist the County and Township Councils in the County of Frontenac in enabling persons with disabilities to have equal access to all opportunities within the County. Duties of the Committee The committee shall: (a) advise the councils about the legislative requirements and implementation of the accessibility standards and the preparation of accessibility reports and such other matters for which the council may seek its advice; (b) review in a timely manner the site plans and drawings described in section 41 of the Planning Act that the committee selects in terms of how they address the accessibility needs of persons with disabilities; (c) perform all other functions as specified by legislation. (d) in consultation with Council and Municipal Staff, review new and existing municipal by-laws and policies as applicable; (e) work with Council and the community at large to identify and address the needs of persons with disabilities within the community; (f) provide recommendations to Councils on the promotion of public awareness and understanding of the needs of persons with disabilities.
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Schedule B-1 Advisory Committees Continued Responsibilities of Council Council shall: (a) establish the Accessibility Advisory Committee and appoint its members; (b) seek advice from the Committee regarding accessibility plans and reports required to be submitted to the province; (c) seek advice from the Committee on the accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premises, (i) that the council purchases, constructs or significantly renovates; (ii) for which the council enters into a new lease; or (iii) that a person provides as municipal capital facilities under an agreement entered into with the council in accordance with the Municipal Act, 2001; and (d) when the committee selects site plans and drawings described in section 41 of the Planning Act to review, supply them to the Committee in a timely manner for the purpose of the review; and (e) have regard to the accessibility for persons with disabilities in deciding to purchase goods and services through the procurement process for the use of it by itself, by the Townships, its’ employees or the public. General (a) That Administrative Support shall be provided by the Clerk or Designate. (b) That the records of the Accessibility Advisory Committee shall be retained and preserved in accordance with the provisions of the County Records Retention bylaw. Composition of The Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Joint Accessibility Advisory Committee: Two (2) Members of County Council: ▪ Nicki Gowdy ▪ Bill Saunders Four (4) Representatives from the Community who are Persons with Disabilities – One (1) from each of the Four (4) Townships: ▪ Township of North Frontenac – Erin Ferguson ▪ Township of Central Frontenac – David Yerxa ▪ Township of South Frontenac – Neil Allen ▪ Township of Frontenac Islands – Janet MacDonald One (1) Representative from Community at Large: ▪ Pat Joslin
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Schedule B-2 – Advisory Committee to County Council Committee Name: Planning and Economic Development Advisory Committee Establishment of the Committee (i) The County of Frontenac Planning and Economic Development Advisory Committee shall be comprised of (8) members appointed by County Council as follows: ▪
(4) members of County Council, one from each member municipality; and
▪
(4) community representatives from each Township.
(ii) The members of the County of Frontenac Planning and Economic Development Advisory Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (iii) The County of Frontenac Planning and Economic Development Advisory Committee shall adhere to the County’s Procedural By-law No. [insert number of new Procedural By-law] 2022-0026 and any amendments thereto, specifically Section 22 – Committees for the conduct of all Meetings. Terms of Reference/Mandate The Planning and Economic Development Advisory Committee is responsible for overseeing all regional development, planning, and the Planning Act implications of economic development within the County of Frontenac in accordance with the County’s Official Plan document. The Planning and Economic Development Advisory Committee shall also be directed by the Economic Development Charter and County Strategic Plan, as well as the Trails Master Plan. The Planning and Economic Development Advisory Committee shall: 1. 2.
Be responsible directly to Council for those items emanating from the Planning & Economic Development Department. Subsequent to the approval of the budget, consider budget proposals and business plans for the Planning & Economic Development Department pertaining to items within the Committee mandate. Receive reports from staff on items within the Committee’s mandate. Receive public delegations on matters affecting general land use planning and economic development in the County of Frontenac and hold public meetings, as required by the Planning Act, with respect to plans of subdivision and condominium. All such public meetings would be held in the Township where a development proposal was located. Review and recommend to Council revisions to the Planning and Economic Development Committee’s Terms of Reference/Mandate, as required. Monitor provincial and federal legislation that has an impact on planning matters.
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The Planning and Economic Development Advisory Committee shall: 1. 2. 3.
Provide direction to staff for the implementation of the planning and development goals and policies as outlined in the County’s Official Plan document. Make recommendations to Council with respect to County Official Plan matters. Review and make recommendations to Council concerning other planning matters of the County, including regional studies affecting planning and/or economic development, special studies, sustainability issues, and planning policy matters. Review and consider reports on the following matters that fall within the mandate of the Committee:
- Subdivision and condominium applications;
- Extensions of draft plan approvals;
- County and Township Official Plan amendments; and
- County and Township Official Plan updates. Make recommendations to Council on matters relating to Community Improvement Plans (CIPs) as a means to support and promote community development in the rural areas. Receive advice from, and work with economic development stakeholders such as Community Development Advisory Committee, Community Futures Development Corporation, Land ‘O Lakes Tourism, Kingston Economic Development Corporation (KEDCO), and Township Economic Development Committees.
Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Planning and Economic Development Advisory Committee: Council Liaison to Planning and Economic Development Four (4) Representatives from the Community: • North Frontenac – Fred Fowler • Central Frontenac – Fran Smith • South Frontenac – Ron Vandewal • Frontenac Islands – Judy Greenwood-Speers Four (4) members of County Council, those being the Mayors of each Township (or their designate): • North Frontenac – Mike Hage • Central Frontenac – Jim McIntosh • South Frontenac – Phil Leonard • Frontenac Islands – Leona Fleischmann
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Commented [JA7]: Remove. This committee has met its mandate
Schedule B-3 – Advisory Committee to County Council Committee Name: Administrative Building Design Task Force Establishment of the Committee (i) The County of Frontenac Administrative Building Design Task Force shall be comprised of four (4) members of County Council appointed by County Council (ii) The members of the County of Frontenac Administrative Building Design Task Force shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in this Schedule; (iii) The Administrative Building Design Task Force shall meet as required. (iv) The County of Frontenac Administrative Building Design Task Force shall adhere to the County’s Procedural By-law No. 2013-00202022-0026 and any amendments thereto, specifically Section 26 – Committees for the conduct of all Meetings. Terms of Reference (i) Goal/Mission The mission of the County of Frontenac stated in its Mission Statement is the effective, efficient and sustainable delivery of service to its citizens. Within the context of the Values and Principles detailed, the Administrative Building Design Task Force will be guided by the Mission Statement: (ii) Mandate a)
To carry out a space review and analysis of the County of Frontenac Administrative Building
b)
To review and consider options for the Administrative Building and make recommendations to Council
c)
If necessary, to review any proposals and recommend to Council a design team for any refurbishing of the Administrative Building
d)
If necessary, to work with the architect to bring back design options/costing for Council consideration
e)
If necessary, to periodically receive updates and provide input on the final details of the refurbishing/construction phase of the Administrative Building
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Composition of the Committee The Council of the County of Frontenac hereby appoints the following members of Council to the County of Frontenac Administrative Building Design Task Force: Four (4) Members of County Council: • Fred Fowler • Ray Leonard • Gerry Lichty • Fran Smith
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Schedule B-4 – Advisory Committee to County Council Committee Name:
Administration Committee
Establishment of the Panel The County of Frontenac Administration Committee shall be comprised of four (4) members as follows: •
The Warden
•
The Deputy Warden
•
Two members of Council from the remaining two member municipalities
(i)
The members of the Administration Committee shall hold office from the date of their appointment, at the pleasure of Council, and appointed annually;
(ii)
The Administration Committee shall be considered a Committee of Council and bound by the meeting requirements of the County’s Procedural By-law No. [insert new by-law No.] 2022-0026 and any amendments thereto, and the Municipal Act.
Terms of Reference/Mandate: The Administration Committee is responsible for carrying out the annual Performance Appraisal of the County of Frontenac’s Chief Administrative Officer by the following procedure, as set out in By-law 2017-0028 being a By-Law to Adopt a Chief Administrative Officer Performance Appraisal Policy:
- For the purpose of determining the timing of the Performance Appraisal for the CAO, the date of hire (or promotion) to the position will be utilized.
- All communications, correspondence and forms completed during the performance appraisal process are considered confidential in order to ensure the protection of privacy of the incumbent.
- Unless superseded by an employment contract or an engagement letter, the process outlined in this policy (including a 360o review) will also be utilized to evaluate the performance of the CAO at the conclusion of a six month probation period. a.Prior to hiring (or promotion) to the position of CAO the nature of this policy will be disclosed to the potential candidate.
- The annual PA process will proceed as follows: a.In the month of the anniversary date, the CAO will provide to the review panel the following: i. A list of accomplishments on a professional and personal development level. The accomplishments will be tied to the goals and objectives outline in the previous PA, or in the event of a probationary review, the goals and objectives outline in the letter of engagement. By-law No. 2022-0026 County of Frontenac Procedure By-law July 20, 2022
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ii. A completed PA form completed in draft for consideration by the panel. iii. A draft outline of objectives for the upcoming year. iv. Any other information deemed necessary for the evaluation of the CAO’s performance (e.g., reports, research, commendations) v. To avoid any real or perceived conflict of interest, pecuniary interest or personal gain for the CAO, their family or associates, an annual disclosure memo be presented to the Panel on any external activities that he/she is currently engaged in. b. At least once per Council term, the Review Panel will work with the Manager of Human Resources to conduct a 360o review including Directors, Managers and front line staff. At the discretion of Council, the 360o review may include key outside stakeholders. i. The 360o will be coordinated by the Manager of Human Resources in a confidential manner and provided to the Review Panel in an aggregate format that protects the confidentiality of the respondents. c. The Review Panel shall review their findings and provide a final draft Performance Review and objectives for the upcoming year to the CAO for review and comment. d. The CAO can: i. Sign the Performance Review, acknowledging the feedback ii. Acknowledge but not sign the PA and provide comment to the Review Panel iii. Request a subsequent meeting with the Review Panel to provide clarification. e. Should a stalemate over the contents of the PA occur between the Review Panel and the CAO, the parties may agree to non-binding mediation by an objective third party. f. Upon completion of the Performance Review the Chair/Warden shall provide a summary report to all of Council in closed session. 5. Should a step increase be available and approved, the effective date shall be the anniversary date for the incumbent. The Administration Committee is also responsible for carrying out a broader range of oversight, including: ➢ ➢ ➢ ➢
Service Delivery Review Strategic Policies and Priorities Organizational Structure Compensation Review
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➢ Receive and make recommendations to Council on nominations to Advisory Committees of Council Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Administration Committee: Four (4) members of County Council, with representation from each Township: • • • •
Warden Gerry Lichty Deputy Warden Bill Saunders Township Councillor Ray Leonard Township Councillor Nicki Gowdy
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Schedule 5 – Advisory Committee to County Council
Commented [JA8]: remove
Committee Name: Communal Services Governance/Operations Model Review Committee [Deleted by By-law 2023-042 passed September 20, 2023]
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Schedule 5 – Advisory Committee to County Council Committee Name: Communal Services Technical Advisory Committee [Added by By-law 2023-042 passed September 20, 2023] [Deleted by By-law 2024-005 passed January 17, 2024]
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Schedule 5 – Advisory Committee to County Council Committee Name: Procedural By-law Review Committee [Deleted by By-law 2024-029 passed October 16, 2024]
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Schedule B-5 – Advisory Committee to County Council Committee Name: Governance Policies Review Committee [Added by By-law 2024-029 passed October 16, 2024] Establishment of the Committee (iii) The County of Frontenac Governance Policies Review Committee shall be comprised of four (4) members of Council, appointed by County Council (iv) The members of the County of Frontenac Governance Policies Review Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (v) The County of Frontenac Governance Policies Review Committee shall adhere to the County’s Procedural By-law No. 2022-0026 and any amendments thereto, specifically Section 22 – Committees, for the conduct of all Meetings. Mandate/Terms of Reference: The purpose of the Governance Policies Review Committee is to enable members of Council to review upcoming and important issues and opportunities with members of administration and the public, with a focus on understanding the broader policy implications of the items being considered. The Governance Policies Review Committee shall: (i)
Provide an opportunity for Council to lead the governance processes by developing a comprehensive governance and policy framework which captures Council’s intentions, directions and expected outcomes.
(ii)
Review Council’s Committee structure and recommend changes to Committee mandates and roles.
(iii)
Act as an advisory to Council by discussing and considering all governance policies and issues prior to being placed before Council including, but not limited to:
- Procedural By-law
- Sale and Disposition of Land
- Delegation of Authority
- Accountability and Transparency
- Public Notice
(iv)
Make recommendations to Council regarding any reports, updates, or presentations received by the Committee and refer necessary items to staff with instructions.
(v)
Provide a more informal forum for the discussion of governance policies and matters with open dialogue and the opportunity for content experts and members of the public to participate in the discussions.
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Roles and Responsibilities of Members: The Committee will be undertaking a review and making recommendations on the County of Frontenac Governance Policies. Members who cannot attend a meeting must inform the Clerk’s Office and may designate an alternate Councillor to attend the meeting. Reporting Structure: The Committee will report to County Council through the Reports from Advisory Committee section of the Council agenda. Frequency of Meetings: The meeting frequency for the Committee will be determined by the Committee at its first meeting. Staff Resources: The following staff may provide support to the Committee in accordance with the County of Frontenac Procedural By-law: • Chief Administrative Officer • Manager of Legislative Services/Clerk • Other Staff as required Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Governance Policies Review Committee: • Councillor Fran Smith • Councillor Gerry Lichty • Councillor Greenwood-Speers • Councillor Fred Fowler
By-law No. 2022-0026 County of Frontenac Procedure By-law July 20, 2022
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Commented [JA9]: Remove. This committee has met its mandate
Schedule B-6 – Advisory Committee to County Council Committee Name:
Chief Administrative Officer Selection Committee
Establishment of the Panel The County of Frontenac Chief Administrative Officer Selection Committee shall be comprised of the four (4) members as follows: Terms of Reference/Mandate: The Chief Administrative Officer Selection Committee is responsible for the recruitment of the Chief Administrative Officer. The Chief Administrative Officer Selection Committee is responsible for working with Palmer & Associates to: • • • • • •
Review and assist the consultants in understanding the County recruiting requirements, organizational structure, strategic direction, current challenges, desired skills and attributes; Discuss qualifications sought, necessary experience, leadership, fit, culture, history and future challenges; Preferred advertising strategies; Finalize desired hiring process, interview strategy and timelines; Participate in the interview process; Select the successful candidate (and this may involve full Council).
Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Administration Committee: Four (4) members of County Council: • • • •
Councillor Judy Greenwood-Speers Councillor Gerry Lichty Councillor Fran Smith Councillor Ron Vandewal
By-law No. 2022-0026 County of Frontenac Procedure By-law July 20, 2022
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Schedule C – External Boards and Committees with County Council Appointees
- The Kingston Frontenac Public Library Board – one member of Council and two members of the community, appointed for the term of County Council. Provides for the information, education and leisure needs of the citizens of the City of Kingston and the Townships of Frontenac through its 5 urban and 12 rural branches; establishes policies and appoints the Chief Librarian/CEO, who administers the library under the guidance of established board policies.
- The Kingston, Frontenac, Lennox & Addington Public Health, Board of Health – one member of County Council, appointed for the term of County Council. This body provides advice and makes recommendations to KFLA Public Health on the programs and services to be offered, sets the annual budget and oversees expenditures.
- The Rural/Urban Liaison Advisory Committee (RULAC) – The Warden, Deputy Warden and the County Councillor appointed to the City of Kingston Housing and Homelessness Advisory Committee for the term of Council, three members of Kingston City Council, the Mayor and two members of Council. The Rural/Urban Liaison Advisory Committee was established by the order of the Minister of Municipal Affairs under Section 25.2(4) of the Municipal Act. The Committee shall meet at the request of the County of Frontenac or the City of Kingston should the need arise for RULAC to fulfill its primary responsibilities as set out in the Amalgamation Order and the Local Services Realignment Agreement with respect to recommending solutions to matters of common concern and/or dispute resolution (effective December 1, 2014).
- The Housing and Homelessness Advisory Committee (formerly the Affordable Housing Development Committee) – one member of County Council, appointed for the term of Council. This is an Advisory Committee of the City of Kingston who acts as the Local Service Realignment body for the County of Frontenac. This Committee works to ensure that there is a comprehensive understanding of housing, affordable housing and homelessness issues, initiatives and developments, with a mandate to provide advice to Kingston City Council on housing, publicly assisted affordable housing and homelessness policies, provide advice regarding the implementation of the Municipal Housing Strategy, Homelessness Plan and other municipal housing strategies, policies and directives, provide information and input on housing matters as related to poverty reduction through the appointment of one member of the Housing and Homelessness Advisory Committee to the Poverty Reduction Group, for a term of two years and two members of Housing and Homelessness Advisory Committee to the Poverty Reduction Housing Sub Working Group for a term of two years and to maintain close linkages with other City of Kingston Committees and working groups to ensure co-ordination of housing, affordable housing and homelessness initiatives.
By-law No. 2022-0026 County of Frontenac Procedure By-law July 20, 2022
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