Body: Council Type: Agenda Meeting: Regular Date: December 11, 2012 Collection: Council Agendas Municipality: Frontenac County
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Document Text
County Council Meeting – Special Meeting December 11, 2012 – 9:00 a.m. The County Boardroom, 2069 Battersea Road, Glenburnie, ON
AGENDA Page 1.
CALL TO ORDER
ADOPTION OF THE AGENDA
DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF
DEPUTATIONS AND/OR PRESENTATIONS
CLOSED MEETING As Authorized under Section 239 (2) of The Municipal Act, to consider: (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose
ADOPTION OF MINUTES
BUSINESS ARISING FROM THE MINUTES
COMMUNICATIONS FOR INFORMATION
COMMUNICATIONS FOR ACTION
REPORTS FROM THE CHIEF ADMINISTRATIVE OFFICER
3-21
Administrative Services – Review of Procedure By-law
ACCOUNTS
MOTIONS, NOTICE OF WHICH HAS BEEN GIVEN
GIVING NOTICE OF MOTION
OTHER BUSINESS
PUBLIC QUESTION PERIOD
Page 1 of 21
Page 16.
BY-LAWS – GENERAL BY-LAWS AND CONFIRMATORY BY-LAW
ADJOURNMENT
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AgendaItem#10•
ADMINISTRATIVE REPORT To:
Warden and Council Members Council
From:
Elizabeth Savill CAO
Date prepared:
December 7, 2012
Date of meeting:
December 11, 2012
Re:
Administrative Services – Review of the Procedure By-law
Background In November 2010, County Council adopted By-law No. 2010-0028, being a by-law to govern the proceedings of the Council and its committees, the conduct of members and the calling of meetings. The by-law was subsequently amended in August 2011 by By-law No. 2011-0026 and is to be annually reviewed by staff and Council. A copy of the consolidated By-law is included with this agenda package. With the departure of the Deputy Clerk at the end of the summer 2012, the Procedure By-law review has been delayed to ensure the comments of the new Deputy Clerk can be incorporated. Considerable review had been completed by the past Deputy Clerk with the assistance of both the County’s 2011-12 and 2012-13 Municipal Management Interns to address issues and comments observed by staff through the course of Council and Committee meetings, etc.
Comment The County’s newly appointed Deputy Clerk brings a fresh perspective to procedural matters with over 20 years of experience dealing with councils and committees within the municipal realm. In addition, there were discussions between Council members and senior staff at Council’s recent strategic planning session that addressed procedural matters. Although the final report from the consultants has not yet been received, a number of items were noted. This special meeting of Council has been called to allow for a discussion of the County’s Procedure By-law. Further note will be taken of the direct input from Council members. With the resulting input from Council and the final areas of research being undertaken by the Deputy Clerk, the Clerk’s office staff members look forward to presenting a draft By-law for Council’s consideration at a future meeting.
Administrative Report Administrative Services – Review of the Procedure By-law December 11, 2012
Administrative Services – Review of Procedure By-law
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Sustainability Implications Good governance is critical to the sustainability of a community. A Procedure By-law that provides the necessary framework to guide members of council fairly and courteously through meetings of council and committees aids good decision-making. Financial Implications Any cost implications will be dependent of the decisions ultimately made by Council with respect to its procedural framework. Recommendation RESOLVED THAT the Council of the County of Frontenac receive the Administrative Services – Review of the Procedure By-law report for information; AND FURTHER Council of the County of Frontenac request that staff take all suggestions made by Council into account when amendments to the Procedure By-law are brought forward for further consideration by Council. Organizations, Departments and Individuals Consulted and/or Affected Jannette Amini, Deputy Clerk Tim Wilkin, Cunningham Swan LLP, County Solicitor
Administrative Report Administrative Services – Review of the Procedure By-law December 11, 2012
Administrative Services – Review of Procedure By-law
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AgendaItem#10•
CORPORATION OF THE COUNTY OF FRONTENAC BY-LAW NO. 2010-0028 – SCHEDULE “A” AS AMENDED BY BY-LAW NO. 2011-0026
PROCEDURAL BY-LAW – OFFICE CONSOLIDATION INDEX
- Interpretation……………………………………………………………………………………3-4
- Application…………………………………………………………………………………….….4
- Locations, Meeting Times and Notice of Regular Council Meetings…………………….4-5
- Membership on Council…………………………………………………………………………5
- Election of Warden…………………………………………………………………………….5-6
- Meetings of Council……………………………………………………………………………6-7
- Special Meetings of Council…………………………………………………………………….7
- Emergency Meetings of Council…………………………………………………………….….7
- Quorum for Council………………………………………………………….………………..7-8
- Agenda……………………………………………………………………………………………8
- Order of Business…………………………………………………………………………………8
- Council Minutes………………………………………………………………………………….8
- Duties of the Warden……..………………………………………………………….………8-9
- Duties of Members…………………………………………………………………….……..9-10
- Disclosures of Pecuniary Interest………………………………………………………………10
- Deputations and/or Presentations…………………………………………………………10-11
- Rules of Debate…………………………………………………………………………….11-12
- Motions………………………………………………………………………………….……….12
- Specific Motions…………………………………………………………………………….12-14
- Notices of Motion…………………………………………………………………………….…14
- Voting…………………………………………………………………………………………14-15
- Public Question Period ………………………….…………………………………………….15
- Other Business …………………………………………………………………………………15
- By-Laws……………………………………………………………………………………..15-16
- Committees………………………………………………………………………………….16-18
- Amendment to the By-law………………………………………………………………….….18
- Conflict…………………………………………………………………………………….….. ..18
Administrative Services – Review of Procedure By-law
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AgendaItem#10•
BY-LAW NO. 2010-0028
- Interpretation Use of Pronouns Headings
1.1 1.2 1.3
Definitions
Throughout this by-law, the words “he” and “his” shall, where appropriate, be deemed to read “she” and “her” Headings are inserted in this by-law for ease of reference only and are not to be used as interpretation aids In this by-law: (a) “Agenda” means the Order of the Day (b) “CAO” means the Chief Administrative Officer of The Corporation of the County of Frontenac (c) “Chair” means the person presiding at a meeting (d) “Clerk” means the Clerk of The Corporation of the County of Frontenac, or the Deputy Clerk acting in the Clerk’s absence or, in the absence of both the Clerk and the Deputy Clerk, another Department Head appointed by Council resolution, except in the context of Committee activities where the Clerk may delegate responsibility to another member of County staff (e) “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 (f) “Committee” means any standing committee, sub-committee, advisory committee or task force established by County Council (g) “Committee Chair” means the person presiding at a Committee meeting (h) “Committee Vice-Chair” means the Vice-Chair of a Committee, who shall act in the Chair’s absence (i) “Council” means the Council of the Corporation of the County of Frontenac (j) “Deputant” means the presenter for the deputation in attendance at a Council or Committee meeting (k) “Deputation” means an address to Council or Committee made at the request of a person wishing to speak (l) “Deputy Warden” means the position appointed to fulfill the responsibilities of the Warden in his absence. (m) “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 (n) “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 (o) “In Writing” shall mean handwritten, typewritten or electrically displayed (p) “Majority Vote” means an affirmative vote of more than one half of the Members present and voting (q) “Meeting” means any regular, special, closed or other meeting of the Council or Committee at which a quorum is present (r) “Member” means a Councillor of the Corporation of the County of Frontenac and for committees as defined in 1(f), shall mean a person appointed to the Committee (s) “Minutes” means a record, without note or comment, of all resolutions, decisions and other proceedings of Council and Committee meetings (t) “Motion to Call the Question” means a motion to close debate and bring Council to a vote on a pending question
By-law No. 2010-0028 – County of Frontenac Procedural By-law Office Consolidation – July 2012 November 17, 2010
Administrative Services – Review of Procedure By-law
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(u) “Motion to Defer” means a motion to delay consideration of a matter until later in the same meeting or to a future meeting of Council or a Committee (v) “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 (w) “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 (x) “Motion to Table” means a motion to postpone without setting a definite date as to when the matter will be considered again (y) “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 (z) “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 (aa) “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 (bb) “Present” means physically in attendance at the meeting (cc) “Presentation” means an address to Council or Committee at the request of Council, a Committee or staff (dd) “Quorum” as it relates to Council and its Committees shall consist of more than 50% of the applicable membership (ee) “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 (ff) “Resolution” means the decision of Council or its Committees on any motion (gg) “Two-thirds majority vote” means an affirmative vote of at least twothirds of the Members present, and (hh) “Warden” means the Head of Council of the Corporation of the County of Frontenac.
- Application 2.1 General 2.2 Statutory Requirements Rules of Order not Covered
2.3
The rules of procedure set out in this by-law shall govern all proceedings of Council and its Committees. Any part or parts of this by-law may be suspended, by resolution, if agreed upon by two-thirds majority vote of the Members present, provided the motion is in order. 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. Any provision not made in this by-law shall be decided in accordance with Robert’s Rules of Order and the Chair shall submit the ruling without debate.
- Locations, Meeting Times and Notice of Regular Meetings of Council Date of Inaugural Session
3.1
The Council shall, in accordance with this by-law, hold its first meeting on the third Wednesday in December at 9:00 a.m., unless otherwise
By-law No. 2010-0028 – County of Frontenac Procedural By-law Office Consolidation – July 2012 November 17, 2010
Administrative Services – Review of Procedure By-law
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3.2 Council Meeting Dates & Locations 3.3 Notice to Members
Notice to Media, Constituent Municipalities and Public
3.4
directed by a resolution of Council. Subsequent regular Council meetings, not otherwise specially provided for, shall be held on the third Wednesday of each month at 9:00 a.m. at the County Administrative Offices, 2069 Battersea Road, Glenburnie unless otherwise directed by a resolution of Council. Notice of regular meetings, including agendas, minutes and supporting documentation shall be provided to the Members via electronic mail, regular mail, courier, hand delivery or facsimile by the Friday preceding the date of the Council meeting. Notice may be provided by telephone or personal contact in case of an emergency. 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.
- Membership on Council 4.1 Certificate of Election 4.2 Declaration of Office
4.3
Appointment of Alternate Member
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. 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. The Clerk shall administer the Declarations of Office. 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. The Alternate Member shall not take his seat on County Council until the Clerk of the County has received a certified copy of the appointment bylaw passed by the lower tier municipality naming the Alternate.
- Election of Warden and Deputy Warden Term of Office Presiding Officer Nominations Candidates Stand for Election
5.1 5.2 5.3 5.4 5.5
Nominators to Speak Candidates to Speak Secret Ballot
5.6 5.7 5.8
Number of Votes 5.9 Tie for Lowest Member of Votes
The term of office of the Warden and Deputy Warden shall be 4 years. The election of the Warden shall be conducted by the Clerk. Nominations shall be received until Council by Motion closes the nominations. Once nominations have been closed, the Clerk shall determine the willingness of each candidate nominated to stand for election. 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. Each candidate who stands for election may make a presentation to Council, not to exceed five minutes in duration. The election of the Warden shall be by secret ballot under the authority and the direction of the Clerk. Pursuant to Section 233 of the Municipal Act, 2001 and amendments thereto, for the purposes of election of Warden, each Member of County Council shall have one vote. 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
By-law No. 2010-0028 – County of Frontenac Procedural By-law Office Consolidation – July 2012 November 17, 2010
Administrative Services – Review of Procedure By-law
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5.10 Equality of Votes
Election of Deputy Warden Destruction of Ballots
5.11 5.12
be eliminated from the ballot. 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. The same process shall be followed for the election of the Deputy Warden as for the Warden. All ballots shall be destroyed by shredding them following the election of Warden and Deputy Warden.
- Meetings of Council 6.1 Protocols for Beginning Session
Clerk to be in Attendance at all Meetings of Council
6.2
6.3 Recording of Council Meetings 6.4
Closed Meetings
6.5 Written Resolution for Closed Meetings Closed Meeting Documentation to Remain Confidential
6.6
At the hour appointed, when a quorum is present, the Warden shall take the Chair and call Council to order. The Clerk shall record 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 or arrival or departure in the minutes. The Clerk shall be in attendance at all times for a meeting of Council to be properly constituted. In addition, the Clerk shall be free of potential conflicts and independent of the proceedings. Members of the public, including accredited and other representatives of any news media, may use cameras, recording equipment, television cameras, and any other devices of a mechanical, electronic, or similar nature to transcribe or record Council meetings. These devices may not be used in such a way as to obstruct the proceedings of the meeting. 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 purposed 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. A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the Council is the head of the institution for the purposes of the Act. 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 6.4(h), the resolution shall state the general nature of the subject matter to be discussed. All information, documentation and/or deliberations received, reviewed or taken in a closed meeting, including agendas and minutes shall be printed on coloured paper, remain confidential and shall not be released
By-law No. 2010-0028 – County of Frontenac Procedural By-law Office Consolidation – July 2012 November 17, 2010
Administrative Services – Review of Procedure By-law
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Closed Meeting Investigations
6.7
to the public. Following a closed meeting, the Clerk shall collect all copies of closed meeting material. Upon receipt of a request for a closed meeting investigation, the Clerk shall refer the matter to the Closed Meeting Investigator.
- Special Meetings of Council Warden’s Request
7.1 7.2
Request by Members Responsibility for Notice Minimum Notice Items of Business
7.3 7.4 7.5 7.6
Validity of Meeting Notice to Media, Constituent Municipalities and Public
7.7
7.8 Joint Councils
The Warden may, at any time summon a Special Meeting of Council. 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 with at least forty-eight (48) hours notice of a Special Meeting. Minimum Notice shall consist of a telephone message to all Members followed by an electronic Notice and Agenda. The only business to be dealt with at a Special Meeting is that which is identified in the Notice of the Meeting. The lack of receipt of a Notice or of an Agenda for a Special Meeting by any Member shall not affect the validity of the Meeting or any action taken thereat. Notice for Special Meetings of Council shall be posted as soon as practical after being established on the County’s web site. Agendas and supporting documentation shall be posted as soon as practical prior to the Special Meeting and in the event an agenda is amended, it shall be re-posted as an amended agenda. 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.
- Emergency Meetings of Council 8.1 Warden’s Authority
8.2 Items of Business 8.3 Validity of Meeting Notice to Media and Public
8.4
Notwithstanding any other provision of the By-Law, an Emergency Meeting to deal with an emergency or extraordinary situation may be called by the Warden without written notice, provided that an attempt has been made by the Clerk to notify the Members about the meeting as soon as possible and in the most expedient manner available. No business except business dealing directly with the emergency or extraordinary situation shall be considered at the Emergency Meeting. The lack of receipt of a Notice or of an Agenda for an Emergency Meeting by any Member shall not affect the validity of the Meeting or any action taken thereat. Notice and supporting documentation shall be posted on the County’s web site as soon as practical.
- Quorum for Council Quorum – Council
9.1 9.2
No Quorum at Beginning Loss of Quorum During Meeting
9.3
A quorum shall consist of more than 50% of the membership of Council. 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. If a quorum is lost during a meeting then the meeting shall stand adjourned and all unfinished business shall be carried forward to the next meeting.
By-law No. 2010-0028 – County of Frontenac Procedural By-law Office Consolidation – July 2012 November 17, 2010
Administrative Services – Review of Procedure By-law
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9.4 Municipal Conflict of Interest Act
Notwithstanding Section 9.3, 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.
- Agenda 10.1 General
10.2 Agenda Items due to Clerk
The Clerk, in consultation with the Warden, shall have prepared and delivered to the Members a minimum of five days prior to the Session of Council an agenda, including staff reports, by-laws and background information, for their review and consideration in accordance with Section 3.3 of this By-Law. All items of business for the agenda of a regular meeting of Council shall be received by the Clerk’s Department by 4:00 p.m. on the Friday of the th week preceding the week prior to the week of the meeting (either the 4 st Friday of the preceding month or the 1 Friday of Council month).
- Order of Business 11.1
Agenda Order
11.2 Unfinished Business
The business of Council shall be taken in the order in which it stands upon the agenda as follows: Call to Order Adoption of the Agenda Disclosure of Pecuniary Interest and General Nature Thereof Deputations and/or Presentations Closed Meeting Adoption of Minutes Business Arising from the Minutes Communications for Information Communications for Action Reports from the Chief Administrative Officer Accounts Motions, Notice of Which Has Been Given Giving Notice of Motion Other Business Public Question Period By-laws – General By-laws and Confirmatory By-law Adjournment When any business matter from an agenda is left indisposed of 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.
- Council Minutes 12.1 Minutes Content 12.2 Adoption of Minutes
The minutes of Council as taken by the Clerk, shall consist of a record of all proceedings taken in the Council and pursuant to the Municipal Act, 2001 and any amendments thereto, shall be without note or comment. Minutes of all open meetings of Council shall be adopted at the next regular meeting of Council in open session. Minutes of all closed meetings of Council shall be adopted at the next closed meeting of Council.
- Duties of the Warden 13.1 Responsibilities
In addition to the responsibilities of the head of council as set out in the Municipal Act, 2001 and any amendments thereto, it shall be the duty of the Warden:
By-law No. 2010-0028 – County of Frontenac Procedural By-law Office Consolidation – July 2012 November 17, 2010
Administrative Services – Review of Procedure By-law
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13.2 Expulsion 13.3 Warden to Participate in Discussion 13.4 Absence of Warden
Voting
13.5
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 with 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 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. When the Warden wishes to comment on any questions before the Council, he may call the Deputy Warden to the Chair and then present his views from the floor. The Warden shall refrain from taking part in any discussions while in the Chair. In the absence of the Warden and the Deputy Warden, the Clerk shall convene the meeting until a Chair, chosen by the Council shall preside during such absence and shall while in the Chair have vested in him all the powers as given by this By-Law to the Warden. The Warden may vote on any matter at his discretion with the exception of a recorded vote at which time voting is required.
- Duties of Members 14.1
Legislative Responsibilities
14.2 Prohibitions
It is the role of Members of County Council: a) To represent the public and to consider the well-being and interests of the County; b) To develop and evaluate the policies and programs of the County; c) To determine, as applicable, which services the County provides; d) To ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council; e) To ensure the accountability and transparency of the operations of the County, including the activities of the senior management of the County; f) To maintain the financial integrity of the County; and g) To carry out the duties of Council under the Municipal Act or other Act. 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;
By-law No. 2010-0028 – County of Frontenac Procedural By-law Office Consolidation – July 2012 November 17, 2010
Administrative Services – Review of Procedure By-law
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Determination of Order of Speakers Address Warden When Speaking
14.3 14.4
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 Blackberries, cellular phones or pagers) 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 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. Should more than any one Member indicate the intent to address the Warden, the Warden shall determine who is entitled to speak first. Every Member shall address the Warden when speaking.
- Disclosures of Pecuniary Interest 15.1
Method of Disclosure
15.2 Closed Meetings 15.3 Absence – Disclosure at Next Meeting 15.4 Record of Disclosure
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. 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. 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. 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.
- Deputations and/or Presentations Request for Deputation
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
By-law No. 2010-0028 – County of Frontenac Procedural By-law Office Consolidation – July 2012 November 17, 2010
Administrative Services – Review of Procedure By-law
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16.2 Deputation Material Exceptions to Ten Days’ Notice Requirement
16.3
16.4 Time Limits Number of Speakers Addressing the Warden
16.5 16.6 16.7
Behaviour
16.8 Curtailment of Time 16.9 Conduct
matter to the Clerk not less than ten days preceding the Council Session at which such person desires to be heard. Any person who is scheduled to appear as a deputation before Council is requested to submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the Council meeting. Exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk. Each deputation shall be limited to not more than a total of fifteen minutes. Extensions to these limits will be at the discretion of the Warden. The number of speakers for one deputation shall be limited to two, unless authorized by Council resolution. All deputants shall address the Warden, shall state their name and whom they represent. No deputant 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. The Warden may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this bylaw, and, if the Warden rules that the deputation is concluded, the person or persons appearing shall withdraw. Members of the public who constitute the audience at a meeting, shall not: a) Address Council or Committee without permission; b) Bring signage, placards or banners into such meetings and refrain from any activity or behaviour that would affect the Council deliberations.
- Rules of Debate Recognition of Member Order of Speakers
17.1 17.2 17.3
Interruptions 17.4 Read Motion Five Minutes
17.5 17.6
Speak Once 17.7 Questions
Points of Order and Privilege
17.8
To address Council, a Member shall request to speak, be recognized by the Warden and direct all comments through the Warden. When two or more Members indicate their desire to speak at the same time, the Warden shall designate the order of speakers. When a Member is speaking, no other Member shall interrupt the Member speaking, except to raise a point of order, privilege or personal privilege. 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. No Member shall speak for longer than five minutes on a question without Council’s permission. No Member shall speak more than once to the same question without Council’s permission, except that a reply shall be permitted only from a Member who has presented the main motion. 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. 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
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Warden to Rule on Point Challenge Decision Final Idem
17.9 17.10 17.11 17.12
Warden and then remain silent until the Warden has ruled upon the point. Subject to being overruled by Council on a vote which shall be taken immediately and without debate, the Warden shall rule on the point. Any Member may challenge the ruling of the Warden immediately following the ruling. The Warden’s ruling is final unless it is challenged. Council’s decision is final if the Warden is challenged.
- Motions 18.1 Jurisdiction Notice of Motion Disclosure of Subject Matter Motions for which Notice has not been given
18.2
18.3
18.4 Withdrawal of Motions 18.5
Motions Introduced Orally
Motions to be in Writing Motions to be Seconded Motion to Refer Takes Precedence over Amendments Mover May Vote in Opposition
18.6 18.7
18.8
18.9
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. Any Member giving a Notice of Motion shall disclose the subject matter of the motion. 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. 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. 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 n) A motion to amend, and o) A motion to adopt a recommendation. Except as provided in Section 18.5, all motions and notices of motion shall be in writing. A motion shall be moved and seconded before being open for discussion and consideration. Motions under Sections 18.5 (a) and (b) do not require a seconder. A motion to refer, until it is decided, shall precede all amendments of the main question. 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.
- Specific Motions 19.1 Recess
a) A motion to recess is debatable; however debate is restricted to the length of time of the recess only. b) A motion to recess is amendable; however any amendment shall refer to the length of time of the recess only.
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19.2
Adjourn
19.3 Call the Question
19.4
Motion to Table (postpone indefinitely)
19.5 Refer
19.6 Defer (postpone to a certain time)
19.7
Amendment
Receive
19.8 19.9
Reconsideration 19.10 Reconsideration General
- 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.
- A motion to adjourn shall take precedence over any other motion. a) A motion to call the question is not debatable and shall be put immediately. b) 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. 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; d) 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. 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. A motion to defer: a) is debatable; b) is amendable; 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. 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. A motion to receive, moved after the main motion, is debatable and shall be treated as an amendment to the main motion. 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) 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;
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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 20.1 Timing of Notice
20.2 Committees
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. 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. 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.
- Voting 21.1
Order of Votes
21.2 Members Shall Vote Warden to State the Question Method of Voting
21.3
21.4 21.5
Actions During Vote
21.6 Split Votes 21.7 No Vote Deemed Negative Warden Majority Vote
21.8 21.9
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. 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. 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. A Member shall vote by raising a hand or otherwise indicating the Member’s vote, except where a recorded vote is requested. 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. 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. 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. The Warden may vote on any question and shall vote in the case of recorded votes. All decisions of Council shall require a majority vote except as otherwise set out in this By-Law.
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Equality of Votes
21.10 21.11
Two-Thirds
21.12 Recorded Vote
Clerk to Announce Results of Vote Request for Further Vote
21.13 21.14
Any motion that receives a tie vote shall be deemed to have been decided in the negative. 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; 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 19.4 of this By-Law; c) A motion to reconsider a question decided within the previous year under Section 19.10 of this By-Law; d) A motion to suspend the provisions of the By-Law under Section 2.1 of this By-Law; e) A motion to call the question under Section 19.3 of this By-law. 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. When a recorded vote is requested by a Member, the Clerk shall record the name and vote of every Member on the question using alphabetical order by last name for order of voting with the Warden voting last. The Clerk shall announce the result of the vote. 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.
- Public Question Period 22.1 Questions/Comments from the Public
Council will entertain questions and/or comments from the public at each meeting at the designated point on the agenda as time permits. Questions and/or comments must pertain to an item on the agenda for that meeting unless Council directs otherwise by resolution.
- Other Business 23.1
Items to be Considered for Other Business without Prior Notice
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. 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.
- By-Laws Introduction Three Readings By-Laws Taken as Read Separate Vote Pass at One Meeting
24.1 24.2 24.3 24.4 24.5 24.6
Confirmatory By-law
All by-laws shall be introduced by motion specifying the title thereof. Every by-law shall have three readings prior to being passed. By-laws shall be taken as read for the first, second and third readings unless otherwise decided by a majority vote of Council. By request of any Member, any by-law(s) may be discussed or voted on individually. A by-law may be passed through all its stages and be finally passed at one meeting. The proceedings of every meeting of Council shall be confirmed by bylaw 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.
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24.7 Amendments 24.8 Authorization
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. Every by-law once passed shall be numbered with a progressive number in the following form: four digits for the year, dash, four digits for the by-law number, (e.g. By-law No. 2010-0001 shall be the first bylaw number in the year 2010), dated, duly signed by the Warden and Clerk and the Clerk shall affix the seal of the Corporation thereto.
- Committees Council’s Role Appointment/Nominees to Other Boards
25.1 25.2
25.3
Election of Chairs and Vice-Chairs
Removal of Chair or Vice-Chair Warden’s Membership on Committees Clerk shall be Secretary
25.4 25.5 25.6 25.7
Delegation of Clerk’s Duties 25.8 Committee Meeting Dates & Locations 25.9 Notice to Members 25.10 Notice to Media and Public
General Role of Committees
25.11
Council shall determine the appropriate number of Committees, their membership, mandates and reporting practices. 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. Chair and Vice-Chair of each Committee shall be elected on an annual basis by the Committee from its Members: 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 standing committee; d) The Chair and Vice-Chair of committees may hold their respective positions for a maximum of four consecutive years; 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. 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. The Warden shall be an Ex-officio Member of all Committees and Task Forces. The Clerk shall be the Secretary of all Committees of Council and shall be present at all meetings. Despite Section 25.5, the Clerk may delegate to any employee in the Administrative Services Department, any such duties as the Secretary of all Committees, including 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. Committees shall establish regular meetings dates, times and location at the beginning of each year. Meetings will generally be held in the County of Frontenac Administration Building, but may be moved to alternate locations on the recommendation of the Chair and agreement of a majority of Committee members. 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. 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. The role of Committees shall generally be to: a) make recommendations to Council on matters which are in their
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25.12 Responsibility to Act on Recommendations
25.13
Committee Procedures
25.14 Members’ Rights 25.15
Absence of Chair and Vice Chair
Meeting Limitation Agendas
25.16 25.17 25.18
Additional Agenda Items 25.19
Deputations
Closed Meetings
25.20
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. No action shall be taken on Committee recommendations until approved by Council unless: a) the responsibility has been delegated to the Committee by Council; b) in the case of a time sensitive matter that the Committee has directed in its minutes that action be taken prior to Council’s adoption of its minutes. The rules governing the procedure of the Council and the conduct of Members 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 who are not Members of a specific Committee may attend meetings of that Committee and may, with consent of the Chair of that 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. 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. No Committee meeting shall be held while Council is in session. The Clerk shall prepare for distribution Committee agendas. Any matter, which is within the Committee’s mandate and which is not on the Committee agenda or does not relate to a matter on the agenda, may be considered by the Committee if it agrees to add the matter to the agenda through a majority vote. 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; e) The rules relating to time limits, behaviour, curtailment of time and conduct shall be as set out in Section 16. No meeting of a Committee shall be held as a closed meeting except in
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Declarations of Pecuniary Interest
25.21 25.22
Quorum
Right to Expel
25.23 25.24
Reconsideration 25.25 Committee Minutes
accordance with Sections 6.4, 6.5 and 6.6. Members of Committees shall adhere to Section 15 with respect to declarations of pecuniary interest in Committees. 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. The Chair has the right to expel or exclude any person from any meeting for improper conduct. 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. The Clerk shall record the proceedings of all Committees of Council in the form of minutes. All committee minutes shall be directed to Council for adoption.
- Amendment to the By-Law Majority Vote
26.1
This By-law shall not be amended or repealed except by a majority vote of Council.
- Conflict Conflict with Statute
27.1
If there is any conflict between this By-law or any portion thereof and any statute, the provisions of the statute shall prevail.
This is Schedule “A” to By-law No. 2010-0028 passed by the Council of the County of Frontenac this 17th day of November, 2010.
Gary Davison, Warden
K. Elizabeth Savill, Clerk
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