Agenda 10.3 Procedural by-Law With Some Mark-ups

8/16/2019 Agenda 10.3 Procedural by-Law With Some Mark-ups

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THE

CORPORATION

OF

THE TOWNSHIP

OF

CHATSWORTH

BY-LAW 2016-31

PROCEDURAL BY-LAW

WHEREAS

Section

238(2)

of the

Municipal Act,

S.O.

2001.

C.25

and

amendments

thereto states

that

every

municipality

shall

pass

a

procedural

by-law

for

governing

the calling,

place

and

proceedings

of

Meetings;

AND

WHEREAS

the Council of the Corporation

of the

Township

of

Chatsworth

deems

it

necessary to set

rules

and

regulations

with

regards

to

Council and Committee proceedings;

NOW

THEREFORE

the

Council

of

the

Township

of Chatsworth

enacts as

follows.

1.0

Short

Title

1.1

This

By-law

shall be

known

as

The

Procedural

Bv-law

for

the

Corporation

of

the

Township

of Chatsworth.

2.0

Definitions

2.1

Chair

shall

mean

the

person

presiding

at the

Meeting.

The

Chair

shall be the Mayor,

or

in the Mayors

absents, the

Deputy

Mayor

and

in

the

absence of the

Mayor

and

Deputy Mayor

the

Members

of

Council

shall determine the

Chair,

2.2 Clerk

shall

mean

the Clerk of

the

Corporation

of the

Township

of Chatsworth;

2.3 Glosed

Session

shall

mean

a

Meeting

or

part

of

a

Meeting

of Council, Committee

of the

Whole

or

a Committee,

not

open

to the

public

in

accordance

with

the

Municipal

Act, 2001,

S.O.

2001,

Chapter

25,

as

amended;

2.4

Gommittee

shall

mean a Committee

established

by

the

Council;

2.5

Committee

of

the

Whole

shall

mean

all Members

of

Council

sitting

as a

Committee

of

the

Whole to deal

with

business

matters;

2.6

Council

shall

mean the

Council

of

the

Corporation

of

the

Township

of

Chatsworth;

2.7

Local

Bgard

Shall

mean

any

board,

Commission,

committee,

body

or

local

authority

established

or

exercising

any

power

under

any

Act

with

respect

to

the

affairs

or

purposes

of

one

or

more

municipalities,

except

a

school

board,

a

conservation

authority,

a

police

services


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board

or

a

public

library

board;

2.8

Mayor

shall

mean

the

Head

of

Council and

the

Mayor

of

the

Township

of Chatsworth

or

the

Deputy Mayor

acting

in

the

capacity

of

the

Mayor

in his/her

absence;

2.9

Meeting

shall mean

any

Regular,

Special,

Committee,

Committee

of

the

\Mrole

or other

Meeting

of Council and

its

Committees;

2.10

Member

shall

mean

a

Member

of

the

Council and shall

include

the

Mayor;

2.11

Motion

shall

mean

a

resolution

of

Council

or a

Recommendation

of

a Committee that is

under

debate

by

Gouncil or a

Committee;

2.12

Quorum

shall

be any

(3)

three

Members

of

the

Council

of the

Township

of

Chatsworth;'

'

2.13

Recorded

Vote

shall

mean

the

recording

of

the name

and

vote

of

every

Member voting

on any

matter or

question

during

a

Gouncil

Meeting;

2.14

Rules

of

Procedure

shall

mean

the

rules

and

regulations

provided

in

this

By-law.

3.0

Meetinqs

3.1

The

Meetings of the

Township of

Chatsworth

shall

be held on the

first

Wednesday

of

the

month at

9:00

a.m.

The

second

and

third

Wednesday of the

month the

Meetings

of

the

Township

of

Chatsworth shall

be

held

at

6:30

p.m

The

location is

to

be

determined by

the

Council

from

time

to time.

The

first

Meeting of

Council

subsequent

to

a

general

election

shall

be

held

on the

first

Wednesday

of

December at

9:00

a.m.

3.2

A

Quorum

shall

be

constituted

by any

(3)

three

Members

of the

Council of the

Township of Chatsworth.

3.3

lf

there

is

no

Quorum

present

within

15 minutes

after

the

time

appointed

for

the

Meeting,

the

Clerk

shall

record the

names of

the

Members

of

the

Council

present

and

the

Meeting

shall

stand

adjourned

until

the

next scheduled

Meeting.

As

soon

after

the

fixed time

for

the

Meeting

as

there

is

a

Quorum

present,

the

Mayor

shall

call

the

Members

to order.

ln

the

absence

of

ine

Uayor

or

if in¡s

omce

is

vacant,

the

Deputy

Mayor

shall

exercise

all

the

rights, powers

and

authority

of the

Mayor.

ln the

absence of

the

Mayõr

or

'Oeputy

Mayor,

the

Members

of

Council

present

shall

3.4


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establish

a

Chair

person

for

the

Meeting.

3.5

The

Council

shall stand

adjourned

at

12:00

p.m.

for

a

lunch

break

and

if

necessary

reconvene

and

stand

adjourned

at

4:00

p.m.

for

day

Meetings

whether

or not

the

business

is

concluded.

Council

preparation

for

the day

Meeting

is

considered as

part

of their day

for

compensation

purposes.

The

Council shall stand

adjourned

at

10:00

p.m.

for

evening

Meetings

whether

or

not

business

is

concluded.

Upon

a

vote

of

the

majority

of

the

Members

present,

the adjournment

time herein may

be

extended by

30

minutes.

3.6

a) The Mayor

may

at

any time summon

a

Special

Meeting

of

the

Council or Committee

of

the Whole.

b)

The

Mayor

or Clerk

shall summon

a

Special

Meeting

upon

receipt

of a

petition

of

the

majority

of the Council

Members for

the

purpose

and at the time and date

mentioned

in

the

petition.

c)

ln

either

of a) or

b),

the

Special Meeting

shall

be

held not sooner

than

48 hours

following

the

Mayor's

summons

or

receipt of

the

petition,

as the

case

may

be,

and

that the

Clerk shall

if

practical

provide

written notice.

lf

it

is

not practical

to

give

written

notice, notice

may

be

given

by

telephone,

text,

email

or

personal

contact

of

a

Special

Meeting immediately following

receipt

of the summons

or

petition.

3.7 Notwithstanding

the

notice requirements set out above,

in

the

event

of a bona

fide

emergency,

the

Meeting

may

be

held

as

soon

as

practicable

following receipt

of

the summons or

petition,

as

the

case

may

be, and

notice

may

be

given

by telephone,

text,

email

or

personal

contact

until contact

is made, as determined

by

the Clerk.

3.8

The notice for

a

Special

Meeting shall

specify the

purpose

for

which

the

Meeting

is

convened

and

no business shall

be

disposed

of at a

Special

Meeting

of

the Council

or Committee

of

the

Whole except

that

to

which

such

notice

related.

4.0 Meetinq

Aqenda

4.1.1

The

business

of

the

Council

Meeting

shall

be

taken

up

in

the

following order:

Call

to

Order

Opening

Ceremonies

Adoption

of

Agenda

Disclosure

of

Pecuniary

lnterest

Minutes

of

the

Previous

Meeting

Deleg

atio

ns/DePutations

Public

Meetings

Accounts


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5/11

5.3

package.

Persons

making

a

presentation

shall

be limited

in

speaking

to

not

more

than TEN

minutes

except that

a delegation

consisting

of more

than

five

persons

shall

be

limited

to

two

speakers,

each

limited

in

speaking

time to not more

than TEN minutes.

A

person

may

speak longer

than

TEN

minutes if

granted

leave

by

the

Chair.

5.4

5.5

Repeat

delegations

on the

same

issue may

be

limited.

5

6

The

Public may have an opportunity

to

make

a

two

minute

comment

on an

Agenda item

while it is

being discussed by

Council

at

the

discretion of the

Chair.

6.0

Public

Meetinqs

6.1

Public Meetings

at Council

will

be held

as

follows;

Call to order

by

the

Chair,

presentations

of

subject

matter

by staff

or

proponents

as

the

case may be,

public questions

and

answers

and

adjournment. Public

asking

questions

or

making

comments

must

state

their

name. At

the Chair's discretion,

residency

or

non-residency

may

be

requested. The

Chair

may

expel

any

person present

at a

Meeting

who

speaks

or

makes a

noise or

behaves

in a

riotous,

disorderly or unseemly

manner

or othenryise

disturbs or

interrupts the

proceedings

of the

Meeting.

The

Chair

may

adjourn

the

Meeting

without

the

question

put,

in

the case of

grave

disorder arising

in the

Meeting

room.

6.2

No

decision

made

by

Council.

7.0 Duties

of

the

Chair

7.1 When

the

Chair

is

called

upon

to decide

a

point

of

order

or

procedure,

the

Chair shall

state

the

ruling

and

if

an

objection

is made

to the

ruling by

at

least

two

Members,

they shall

submit

it

to a

vote of

the Council

without debate

in

the

following

word,

shall

the

ruling of

the

Chair

be

sustained? ,

and

the

decision

of the

Council

shall

be

final.

7.2

When two or

more

Members

speak

at

once,

the Chair

shall

name

the

Member

who is

first

to be

heard and

the

other

or

others

shall

have

the

privilege

of

speaking

thereafter

in the

order

named

by

the

Chair.

T.g

The

Chair,

except

when

he

is

disqualified

to

vote

by

reason

of

pecuniary

interest

or

othenruise,

shall

vote.

7.4

The

Chair

shall

receive

and

submit,

in the

proper

manner,

all

Motions

presented

by

the

Members

of

the

Council.


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7

-5

The

Chair

shall

put

to

vote

all

questions

which

are moved

and

seconded

in

the

course

of

the

proceedings,

and announce

the

resutts

of

the vote.

7.6

The

Chair

shall

decline

to

put

to

a

vote

Motions

which

infringe

the

Rules

of

Procedure.

7.7

The

Chair

shall restrain

the Members,

when

engaged

in

debate,

within

the

rules

of

order.

7.8

The

Chair

shall

ensure

the

decisions

of

the

Council

are in

conformity

with

the

laws governing the activities of

the

Council.

7.9

The

Chair may

expel

any

person

present

at a Meeting

who

speaks

or

makes

a

noise

or

behaves

in

a

riotous,

disorderly

or

unseemty

manner

or othenruise

disturbs

or interrupts

the

proceedings

of

the

Meeting.

7.10

The

Chair

may

adjourn

the Meeting

without

the

question

put,

in the

case

of

grave

disorder

arising

in

the Meeting

room.

8.0 Duties

and Privileqes

of

Members

8.1

Members,

prior

to

speaking to

a

question

or

Motion,

shall

obtain the

permission

of

the Chair.

8.2

No Members

shall

use

indecent,

offensive or

insulting

language.

8.3 No

Member

shall speak except to

the

issue

in

debate.

8.4 No

Member

shall

interrupt

a

Member who

has

the

floor

except

to

raise

a

point

of

order.

8.5 No

Member

shall

disturb another

Member,

or the Council

itsell

by

any conduct disconcerting to any

Member

speaking.

8.6

No Member

shall

be

permitted

to

retake

their seat

at

any

Meeting

after being

ordered

by

the Chair to

vacate

after committing

a breach

of

any

rule

of

order

of

the

Council, without making apology

and

the

consent of the Council

expressed

by

a

majority

of

the

Members

present,

determined

without

debate.

8.7

No

Member shall

walk

across

or

out of the

Meeting

room or

make any

noise

or

disturbance

when the

Chair

is

putting

the

question

and

each

Member

present

shall

occupy

their

seat

while a

vote

is being

taken

and

until

the

result thereof

is

declared.

8.8

Any

Member may

require

the

question

or

Motion

under

discussion

to

be

read

at any

time

during

the

debate,

but

not

so as

to

interrupt

a

Member

while

sPeaking.


7/11

8.9

Any

Member

may

appeal the

decision

of the

Chair on

a

point

of order

to the

Council, who

shall

decide

the

question

without

debate.

8.10

Every Member

present

when

a

question

is

put,

shall

vote

thereon,

unless

they

have

declared a

pecuniary

interest

in

the

question

as

provided

by

the

Municipal

Conflict

of

lnterest

Act, R.S.O. 1990,

and

amendments

thereto.

9.0

Motions

and

Amendments

9.1

All Motions

shall

be

in writing

and be

moved

and

seconded beforethe

Chair can

put

the

question.

9.2

The

following

matters

and

Motions with

respect

thereto

may be

introduced

orally

without written

notice

and

without leave,

and do

not

require

a seconder and

are

not

debatable except

as

otherwise

provided

by

this

By-Law:

a) a

point

of order,

b)

presentation

of

petitions,

c) to defer,

d)

to table,

e) to separate the

question,

f)

to

postpone

indefinitely

or to a day

certain,

g)

to

move

the

previous

question,

h)

to

go

into Committee of

the

Whole,

¡) to

recess for

a

time definite,

j)

to adjourn.

9.3

After

the

Chair

reads

a

Motion,

it

may be

withdrawn

at the

request

of

the

mover

and

seconder

at

any

time

before

the

decision

and

amendment

with

permission

of Council.

9.4 A

Motion to amend

a) shall

not

be

further

amended

b)

a

further amendment

may be

made to

the

main

question

c)

shall

be

relevant

to

the

question

d)

shall

not be

received

if it

proposed

a

direct

negative

to

the

question

e)

shall be put in reverse order to

that

in

which

it

is

moved.


8/11

9.5

A

Notice

of Motion

shall

be

in

writing

and distributed

to

Members

with

the

agenda.

9.6

A

Motion

to

table

can be

submitted

from

the floor by

a

Council

Member,

stating

the

reason

for

tabling

and if

the

Motion

to

Table is

carried,

the

original

Motion

shall

be

placed

on

Unfinished

Business

until

dealt

with

by

the Council.

10.0

Takinq

the Vote

10.1

Where

a vote is

taken for

any

purpose

and

a

Member

requests

immediately

prior

or

immediately

subsequent

to the

taking of

the

vote

that the vote be

recorded,

each

Member present, except

a

Member

who is

disqualified

from

voting

by any Act,

shall announce

their

vote

openly

and any failure

to vote

by

a

Member

who

is not

disqualified

shall

be

deemed

to be

a

negative

vote

and

the Clerk

shall

record

each

vote.

1A.2

The

names

of those who vote

for

and

those

who vote

against the

question

shall

be

entered

in

the

Minutes.

Each

Member voting

for the

question

shall say

yes

and each Member

voting

against the

question shall say

no .

10.3

When

recording

the

yes

votes

and the'no

votes,

the Clerk

shall

call the names

of

the

Members in

their alphabetical

order and before

the

result

of the

vote

are

announced by

the

Ghair,

the

Clerk shall,

if

requested,

read

the

vote

so

taken.

10.4

Any

question

on

which

there

is

an equality of

votes

shall be deemed

to be

negated.

I

,l.0

Reconsideration

11.1 A Motion

to

reconsider

a

decided

matter

shall only

be

introduced

by

a

Member

who

voted

with the

majority

on

the

original

Motion.

Before

accepting

a

Motion

to

reconsider,

the

Mayor may

ask the

Member

to confirm

that

he/she

voted

with

the

majority

on the

issue in

question.

11.2

A

Motion

to

reconsider

a decided

matter shall

require the

approval

of

at

least

two-thirds

of the

whole Council.

1 1.3 No Motion

for

reconsideration of

any

decided

matter shall

be

permitted

more than

once

during

a

period

of

twelve

months

following the date

on

which

the

question

was

decided.

11.4

lf a

Motion

to

reconsider

is

decided

in the

affirmative

at

a

Meeting, then

consideration

of the

original

matter

shall

become

the

neit order

of

business.

11.S

No

debate

on

a

Motion

to

reconsider

a

decided

matter

shall

be

permitted

however;

the

Mover

of

a

Motion

to

reconsider

may

þrovide

or

may

make

a brief

and

concise

statement

outlining

the


9/11

reasons

for

proposing

such reconsideration.

12.0

Minutes

12.1

The

Minutes

of

the Council

shall

consist

of

a

record

of the

place

and

time

of

the Meeting,

the name

of

the

Chair,

a record

of all

Members

present,

and

the

names

of those

absent,

together

with

all

resolutions

and

decisions

of the

Council.

12.2

lt

shall

be

the

duty

of

the

Clerk

at the

close of

each

Meeting

to

transcribe

the

proceedings

as

outlined tn

12.1

in

the

Minute

Book.

12.3

The

Minutes

of the

previous Meeting shall be considered by

Council

within

the

next

2

regularly

scheduled

Meetings

of

Council so that

any

errors

therein

may

be

corrected

and

approved.

13.0

Accounts

13.1

The

Council

shall

receive

and approve

all accounts

dealing

with

the

operation

of

the Council.

14.0

Open

Meetinq

Provisions

14.1

All Meetings

of the Council shall

be open

for

the

attendance

of

the

public

except if

the

following

subject

matters

are

being

considered:

a)

the

security

of

the

property

of the

municipality

or

Local

Board;

b)

personal

matters

about an identifiable individual,

including

municipal

and

Local Board

employees;

c)

a

proposed

or

pending

acquisition

or

disposition

of

land

by

the

municipal

or

Local Board;

d)

labor relations

or employee

negotiations;

e)

litigation

or

potential litigation, including

matters

before

administrative

tribunals

affecting

the

municipality or

Local

Board;

D

advice

that

is

subject

to

solicitor-client

privilege,

including

communications

necessary for

that

purpose;

g)

a

matter

that

relates to the consideration

of a

request under

the

Municipal Freedom

of

lnformation and

Protection

of

Privacy

Act;

h)

a

matter

in

respect

of

which

a

Council, board,

Committee

or

other

body

may

hold

a

closed

Meeting

to

be

closed

under

another

Act;

¡)

The Meeting

is

held for

the

purpose

of

educating

or

training

the

Members

(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,

Committee

or

Gommittee

of

the

Whole).

14.2

Before holding

a

Meeting

or

part

of a

Meeting

that

is

to

be closed

to

the

public,

the

Council

shall

state

by

resolution:

;


10/11

a) the

fact

that

it is holding

a closed

Meeting;

b) the

general

nature of the matter

or

matters

to be considered at

the

closed

Meeting;

c)

any

persons

other than

a

Member

of

the

Board

and staff

or

Alternate

authorized to attend the closed

Meeting.

14.3 No Meeting

shall be closed

to the

public

during the taking

of

a

vote

except

where,

a)

Section

14.1

permits

or

requires

a

Meeting

to

be

closed to

the

Public;

b)

the

vote

is for

a

procedural

matter

or

for

giving

directions

or

instructions

to officers, employees

or agents

for

the

Council

or

Local

Board

or

persons retained by

or

under contract with

the

municipality

or Local

Board.

14.4

The rules

of the Council shall be observed

in

closed

Meeting sofaras

may

be

applicable.

14.5 No Member

or other

person

attending a closed session shall

release

a confidential

report

or content

of a discussion considered

at a closed

Meeting,

or

discuss

the

content of

such a

report

or discussion

with

persons other

than

Members

of

Council,

or

municipal

staff

members

and/or agents of the Council

who were

in

attendance

at the

closed

session,

without

the authorization

of

the Council.

15.0

Readinq of

Bv-Laws

and

Proceedinqs

Thereon

15.1 No

by-law except

a

by-law to confirm

the

proceedings

of

the

Council

shall

be

presented

to Council

unless the subject

matter thereof

has

been

considered

and approved

by the

Council and

a copy

of the

by-

law has

been

attached

to the agenda

or tabled

for

Council.

15.2 Every

by-law

when

introduced shall

be

in

typewritten

form

and

shall

contain

no

blanks

except

as

may be

required to conform

to accepted

procedure

or

to comply

with

the

provisions

of

any

Act.

15.3 The first and

second

reading

of

a

by-law

shall

be decided

without

debate.

154

Prior to the

third and

final

reading, the by-law

may be

debated

by

the

Council.

15.5 All amendments

to

a

by-law

shall

be

open

to debate

and

amendment

before

it is ordered

for

a

third

reading.

15.6

Every by-law

enacted

by

the

Council

shall

be

numbered

and

dated

anO

ônall

be

signed

by

ine

nnayor

and

Clerk

and

shall

be

deposited

for safe

keeping

in

the

by-law

book.

16.0

Public

Notice


11/11

16.1

The

Published

Agenda

shall

be

considered

as

adequate

notice

of

Regular

Meetings

of

Council

and its

Committees.

16.2

A

complete

copy

of the

published

Agenda

and Council

information

packages

shall

be

posted

on

the

municipal

website

for

Members

of

news

media

and

public

not later

than

one

business

day

preceding

the

scheduled

Meeting.

An

electronic

copy

will

be available for news

media

and

Public

to

view

during

the

Meeting.

A

paper

copy

may

be

provided

on

request with

24 hours

notice.

16.3 ltems

not

on the agenda

that

have

arrived after

the

preparation

of the

agenda,

that

in

the opinion of Council are

to

be

dealt

with

immediately

in

the

publics'

best interest

shall be

announced by Council after the

opening

ceremonies

and

will

be considered

by

Council with

the

approval

of

the

Members

present

at a time

later

in

the same

Meeting

as specified

by Council.

17.0 Gonfirminq

Bv-law

17.1

The

proceedings

at

every

Regular

and

Special

Meeting

shall

be

confirmed

by

By-law

at

the end of

each

Meeting

so

that

every

decision

of

Council at the

Meeting

and every

resolution

passed

thereafter shall have

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.

18.0

Repeal

18.1

That

by-law

2012-40

be

hereby repealed.

19.0 Enactment

19.1

This By-law shall come

into

force and effect upon

final

passing

thereof.

Read

a

first

and

second

time

this

-

day

of

.2016.

MAYOR

Read a third

time

and

finally

passed

this

-

day

of

016.

MAYOR

CLERK

Agenda 10.3 Procedural by-Law With Some Mark-ups

Documents

Transcript of Agenda 10.3 Procedural by-Law With Some Mark-ups