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17-97 - Procedural PolicyTHE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 17-97 Being a By-law to establish a policy to govern the calling, place and proceedings of the Council of The Corporation of the Township of Malahide and to provide public notice of Council meetings. WHEREAS Section 238(2) of the Municipal Act, S. 0. 2001, c. 25 as amended, requires every municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238(2.1) of the Municipal Act, S.O. 2001, c. 25 as amended, requires that the Procedural By-law shall provide for public notice of meetings; AND WHEREAS the Council of The Corporation of the Township of Malahide deems it expedient to enact a new By-law to govern the calling, place and proceedings of the Council and to provide for public notice of meetings in accordance with the Act; NOW THEREFORE the Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1. SHORT TITLE This By-law shall be cited as the "Council Procedural By-law". 2. DEFINITIONS In this By-law: 2.1 "Act" means the Municipal Act, 2001, as amended from time to time. 2.2 "Ad Hoc Committee" means a special purpose Committee of limited duration, appointed by the Council to consider a specific matter and which is dissolved automatically upon submitting its final report to the Council, unless otherwise directed by the Council. 2.3 "Adjourn" means to end the meeting. This motion requires a second, is not debatable, is not amendable, requires a majority vote for adoption and cannot be reconsidered. By-law No. 17-97 Page 2 2.4 "Advisory Committee" means a Committee established by the Council to advise on matters which the Council has deemed appropriate for the Committee to consider. 2.5 "Chair" means the person presiding at a meeting whether it be the Mayor or any other member. 2.6 "Chief Administrative Officer" means the Chief Administrative Officer (CAO) of The Corporation of the Township of Malahide, designated by By- law. 2.7 "Clerk" means the Clerk or designate of The Corporation of the Township of Malahide. 2.8 "Closed Session" means a meeting, or portion thereof, closed to the public in accordance with Section 239 of the Municipal Act, 2009 and Section 5.6 of this By-law. 2.9 "Committee" means Ad Hoc Committees and Advisory Committees which may be appointed by the Council from time to time. 2.10 "Community Control Group" means the officials designated to control the emergency operations for the Township of Malahide when it becomes necessary to activate the Emergency Response Plan. 2.11 "Confirmatory By-law" means a by-law of the Council that adopts all resolutions passed at a Council meeting. 2.12 "Corporation" means The Corporation of the Township of Malahide. 2.13 "Correspondence" includes, but is not limited to, the following: letter, memorandum, report, notice, electronic mail, facsimile, petition, etc. 2.14 "Council" means the Council of The Corporation of the Township of Malahide. 2.15 "Councillor" means a person elected or appointed as a Member of Council of The Corporation of the Township of Malahide. 2.16 "Defer" means to postpone all discussion on the matter until later in the same meeting or to a future date which is established as part of the motion. 2.17 "Delegation" means a person or group of persons who address the Council on behalf of an individual or a group for the purpose of making a presentation to the Council. By-law No. 17-97 Page 3 2.18 "Deputy Head of Council" means the Deputy Mayor who shall preside at all meetings of the Council in the absence of the Mayor. 2.19 "Deputy Mayor" means the Member of Council who has been elected by general vote as Deputy Mayor and who along with the Head of Council also represents the Township at County Council and, in the absence of the Head of Council, the Deputy Mayor shall Chair the Council meetings. 2.20 "Emergency" means situations or the threat of impending situations caused by forces of nature, accidents or an intentional act that constitutes a danger of major proportions to life and property that affect public safety; meaning health, welfare and property, as well as, the environment and economic health of the Township of Malahide, as defined in the municipality's Emergency Response Plan. 2.21 "Head of Council" means the Mayor and who shall preside at all meetings of the Council. 2.22 "Majority" means more than half of the votes cast by members entitled to vote. 2.23 "Mayor" means a Member of Council who has been elected by a general vote as Mayor and in accordance with Section 225 of the Municipal Act, 2001 acts as the Chief Executive Officer of The Corporation of the Township of Malahide; and, who along with the Deputy Mayor, represents the Township at County Council. 2.24 "Meeting" means any regular, special or other meeting of the Council, of a local board or of a committee of either of them, where (a) A quorum of members is present; and (b) Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee. 2.25 "Member" means a Member of Council as defined in this By-law. 2.26 "Minutes" mean a record of the proceedings of Council or Committee, that includes the place, date, time, name of Presiding Officer, list of members in attendance, evidence of quorum. Minutes will record the actions taken and decisions made by Members at the meeting without note or comment in accordance with Section 239(7) of the Municipal Act, 2001. By-law No. 17-97 Page 4 2.27 "Pecuniary Interest" includes a direct or indirect financial interest of a Member and a financial interest deemed to be that of a Member, in accordance with Sections 2 and 3 of the Municipal Conflict of Interest Act, 1990. 2.28 "Presiding Officer" means the person designated to Chair a Council or Committee meeting. 2.29 "Quorum" means the minimum number of required members (fifty percent plus one of the membership) to be in attendance to conduct the business of the meeting and vote on any matter or question to achieve a simple majority. 2.30 "Recess" means a short break taken during a meeting and is of a duration established by the Head of Council or Chair. 2.31 "Recorded Vote" means the recording of the name and vote of every Member of Council who is present when the vote is called on any matter of question. 2.32 "Refer" means to direct a matter under discussion by the Councilor Committee to a Staff Member for further examination. 2.33 "Regular Meeting" means a scheduled meeting held in accordance with Section 5.3 of this By-law. 2.34 "Reports" means written documents by municipal employees, committees, consultants, solicitors, or other individuals appointed at the pleasure of the Council for the purpose of providing advice, alternatives, and/or recommendations on various matters. 2.35 "Resolution" means a formal state of opinion adopted by the Council in accordance with these rules. 2.36 "Rules and Regulations" means the applicable regulations contained in this By-law. 2.37 "Special Meeting" means a meeting not scheduled in accordance with the approved schedule of meetings. 2.38 "Township" means The Corporation of the Township of Malahide. By-law No. 17-97 Page 5 3. AUTHORITY 3.1 The Municipal Act, 2001 provides that the Council may determine its own rules of procedure for meetings, subject to restrictions and requirements of the Municipal Act, 2001. The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted. 4. GENERAL RULES 4.1 The Rules and Regulations contained in this By-law shall be observed in all proceedings of the Council and shall be the Rules and Regulations for the order and dispatch of business in Council. 4.2 Any procedure under this By-law that is discretionary and not mandatory under statute may be suspended with the consent of a majority of the members present at the meeting. 4.3 In any case for which provision is not made in these Rules and Regulations, the procedure to be followed shall be as near as may be that followed in Roberts Rules of Order. 4.4 Where a member has any declaration of pecuniary interest, direct or indirect, in any matter and is present at a meeting of the Council, at which the matter is the subject of consideration, the member shall act in accordance with the Municipal Conflict of Interest Act, 1990 and declare a conflict of interest. 4.5 These Rules and Regulations shall also apply to all Committees, Sub - Committees, Ad -Hoc Committees, where applicable, and similar entities of which at least fifty (50%) percent of the members are also members of the Council. 4.6 Where the term "Committee" is used in this By-law, the provision applies only to Committee meetings and related Committee matters. 4.7 The use of cameras, electric lighting equipment, television cameras, and any other device of mechanical, electronic, or similar nature used for transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media may be permitted with the approval of the Head of Council. 4.8 Cell phones are required to be either turned off or placed on vibrate during Council or Committee Meetings. Members of Council and Municipal Staff shall not communicate by electronic means during a meeting. By-law No. 17-97 Page 6 4.9 Should the Township of Malahide be requested to provide a document or information to a person with a disability, the Township will take into consideration the communication needs of the person with a disability and endeavor to provide the information to the person in a format that takes into account the person's disability. 5. MEETINGS 5.1 Location of Meetinas All meetings of the Council shall take place in the Council Chambers at the Springfield & Area Community Service Building, 51221 Ron McNeil Line, in Springfield. Notwithstanding the foregoing that meetings be held in the Council Chambers, the Council shall determine, at their discretion, other locations from time to time for meetings as deemed necessary. The Council shall ensure that meeting locations are accessible to persons with disabilities. Also, the Council shall ensure that any Members with disabilities are adequately accommodated to ensure their participation. 5.2 Inauaural Meetina The Inaugural Meeting of the new Council, in each term, will be held in December after a regular election in the Council Chambers at a date and time to be set by the Council. 5.3 Reaular Meetina (a) Regular meetings shall be held on the first and third Thursday of each month, except for the month August, wherein the regular meetings of the Council shall consist of one (1) meeting as determined by the Council. The meetings shall commence at the hour of 7:30 p.m. or at such other time as directed by the Council. (b) The Council may, by resolution, alter the date and/or time of a regular meeting provided that adequate notice of such change has been posted and/or published. (c) The Clerk, with the approval of the Head of Council, may cancel a regular meeting of the Council when, in their opinion, there is sufficient cause to do so. By-law No. 17-97 Page 7 5.4 Special Meetinas (a) The Head of Council may, at any time call a special meeting of the Council or upon receipt of a petition of the majority of the Members of Council, the Clerk shall call a special meeting of the Council for the purpose and at the time mentioned in the petition. (b) No business may be transacted at a special meeting other than that specified in the Notice or Agenda. 5.5 Emeraencv Meetinas (a) In the event of a bona fide emergency as determined by the Head of Council or the Chief Administrative Officer, a meeting may be held as soon as practical following receipt of a summons. The summons may be given by a manner as determined by the Clerk. (b) The Head of Council or the Chair of the local Community Control Group may ask the Clerk or the Chief Administrative Officer to call a special meeting of the Council within twenty-four (24) hours of a declared emergency in order to brief the Council on the status of the emergency measures taken by the Community Control Group. 5.6 Closed Sessions All meetings of the Council shall be open to the public except as provided for in Section 239 of the Municipal Act, 2001. (a) A meeting or part of a meeting may be closed to the public if the subject matter being considered is: - The security of the property of the Township, - Personal matters about an identifiable individual, including municipal or local board employees; - A proposed or pending acquisition or disposal of land by the Township; - Employee negotiations or labour relations; - Litigation or potential litigation, including matters before administrative tribunals, affecting the Township; - Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; - A matter in respect of which a Council, Board, Committee or other body may hold a closed meeting under another Act. - 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; By-law No. 17-97 Page 8 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; 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; 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; (b) 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 designated as head of the institution for the purposes of that Act. (c) A meeting of the Council may be closed to the public if the following conditions are both satisfied: 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. (d) For purposes of this section, a meeting not open to the public shall be called a "Closed Session". (e) Before holding a meeting or part of a meeting that is to be closed to the public, the Council shall state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or in the case of a meeting that is an educational or training session, the fact of the holding of the closed meeting, the general nature of its subject matter and that it is to be closed as an educational or training session. (f) A meeting shall not be closed to the public during the taking of a vote except when the meeting is for a purpose as outlined in Section 5(a) or 5(b) and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Township or persons retained by or under contract with the Township. By-law No. 17-97 Page 9 (g) When a Closed Session is necessary, it will be a requirement that the minutes shall be prepared but shall not require approval. (h) Upon the completion of the Closed Session, the Members shall immediately reconvene in Open Session and the Head of Council or Presiding Officer shall report the results of the Closed Session. (i) The Clerk shall be responsible for maintaining a confidential copy of all original documentation distributed, relating to Closed Sessions, and for keeping confidential minutes of all Closed Sessions. (j) Subject to the provisions of this Section, the Council may hear delegations in Closed Session. (k) It shall be the responsibility of the Council and Staff to respect the confidentiality of all matters disclosed to them and materials provided to them during Closed Sessions that are required to be kept confidential. 5.7 Education and Training Sessions (a) The Council may decide, at a meeting open to the public, to convene an informal gathering of its members to receive and discuss information or advice of a general nature involving subject matters of interest to the members, at a time and place designated at that time by the Council. (b) The Council, in deciding to convene an Education & Training Session, shall designate the general purpose or purposes for which the session is to be held. (c) An Education & Training Session may be held at any place designated by the Council at the time at which it makes its decision to convene the session, whether or not it is within the boundaries of the Township or elsewhere. (d) All Members of Council respectively are entitled to attend the session, together with designated Municipal Staff or consultants retained by the Township, but the Council, in deciding to convene the session, may decide to exclude the public therefrom. (e) No motion, resolution, by-law, debate, agreement in principle, consensus, straw -vote, report, recommendation, or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Education & Training Session. By-law No. 17-97 Page 10 (f) The Recording Secretary shall take notes describing in general terms each subject matter dealt with at the Education & Training Session. (g) The notes taken pursuant to Section 5.7 (f) shall, after the conclusion of the session, be maintained as a public record under the control of the Clerk. 5.8 Requests for an Investiqation (a) Section 239.1 of the Municipal Act, 2001 permits a person to request an investigation of whether the Council has complied with the requirements of the Municipal Act, 2001 or this Procedural By- law governing a meeting or part of a meeting that was closed to the public. (b) Upon receipt of a request, the Clerk shall refer the matter to the Investigator for an investigation and report to the Council in accordance with Section 239.2 of the Municipal Act, 2001. (c) A report of the Investigator shall be made available to the public by a date that is no later than the date of the next regular meeting of the Council following the date that the report is received. 5.9 No meeting of the Council is a properly constituted meeting unless the Clerk or his/her designate is present. 6. NOTICE OF MEETINGS 6.1 Prior to the first meeting in each calendar year, the Council shall establish a schedule of all regular Council meeting dates for such calendar year. The schedule shall include the date, time, and location of the meetings and shall be posted on the municipal website (www.malahide.ca) at the beginning of each year. The meeting schedule is subject to change as necessary. 6.2 Notwithstanding the above, the published agenda shall be considered as adequate notice of Regular Meetings of the Council, except for meetings held on a day or at a time other than as provided for in this By-law. The Agenda shall include the date, time, and place of commencement of the meeting. 6.3 The Clerk shall ensure that a copy of the Agenda for each Regular Meeting of the Council is posted for public viewing on the municipal website (www.malahide.ca) no later than 4:30 p.m. on the Tuesday preceding the scheduled meeting. By-law No. 17-97 Page 11 6.4 The Clerk shall ensure that notice of each Special Meeting of the Council is provided to each Member of Council at least forty-eight (48) hours in advance of the said meeting or as soon as practicable. The Clerk shall provide notice of such meeting by posting for public viewing on the municipal website (www.malahide.ca) a copy of the Agenda for the Special Meeting and/or updating the meeting schedule that is posted on the municipal website. 6.5 Once the Agenda for a meeting has been prepared, the Clerk shall place a copy of such Agenda in the designated area for Public Notices at the Municipal Office for public viewing. 6.6 The forty-eight (48) hour notice required by Section 6.4 may be waived in the case of emergency as may be determined by the Head of Council (or alternate). 6.7 Lack of receipt of the notice by any member shall not affect the validity of holding the meeting nor any action taken at the meeting. 6.8 The business of such meeting shall be taken upon the order in which it stands in the Agenda, unless otherwise decided by the Council. 6.9 The notice requirements set out in this By-law are minimum requirements only, and the Clerk may give notice in an extended manner if in the opinion of the Clerk, the extended manner is reasonable and necessary in the circumstances. 6.10 The Clerk shall provide notice of cancellation to the Council, Municipal Staff, the local media, and all other interested parties, a minimum of three (3) hours in advance of any Council, Committee, Public Meeting, Hearing, or Information Session in the case of severe inclement weather. The public shall receive notice by posting on the municipal website (www.malahide.ca) and/or by posting notice on the entrance doors located at the Council Chambers; or in the event that the meeting is being held at another location, the entrance door of the meeting location. 6.11 Postponement of Meetinqs Any regular meetings of the Council may be postponed to a day named in: (a) A notice by the Head of Council or the Deputy Head of Council given through the Clerk's Office and twenty-four (24) hours in advance of the regular meeting; or (b) A resolution of the Council passed by the majority of the Members. By-law No. 17-97 Page 12 7. CALLING OF MEETINGS TO ORDER AND QUORUM 7.1 The Head of Council or Presiding Officer shall call the Members to order as soon after the hour fixed for holding of the meeting that a quorum is present. 7.2 A majority of all Members of Council shall constitute a quorum and be necessary for the transaction of business. A majority of all Members shall be determined as four (4) Members of Council. 7.3 If a quorum is not present one-half (%) hour after the time appointed for the commencement of the meeting, the Clerk or his/her designate shall indicate that no quorum is present and record the names of those Members in attendance and they shall adjourn to the appointed time for the next scheduled meeting. 7.4 Where the number of Members who are unable to participate in a meeting by reason of the provisions of the Municipal Conflict of Interest Act, R.S.O. 1990, such that, at that meeting the remaining members are insufficient to constitute a quorum, the remaining members shall be deemed to constitute a quorum, provided such number is not less than three (3). 7.5 If during the course of a Council meeting, a quorum is lost, the Chair shall declare that the meeting shall stand recessed temporarily or be adjourned until the date of the next regular meeting or other meeting called in accordance with the provisions of this By-law. 7.6 If Members are not going to be in attendance or are going to be late for a meeting, they shall contact the office of the Clerk in advance of the meeting. 7.7 The seat of a member of Council shall be declared vacant if the member is absent from a meeting of Council for three (3) consecutive months without being authorized so to do by a resolution of council pursuant to Section 259 (1) of the Act. 7.8 Clause 7.7 does not apply to vacate the office of a member of Council of a municipality who is absent for 20 consecutive weeks or less if the absence is a result of the member's pregnancy, the birth of the member's child or the adoption of a child by the member. 8. ROLE OF COUNCIL 8.1 It is the role of the Council, per Section 224 of the Municipal Act, 2001, as amended: By-law No. 17-97 Page 13 (a) to represent the public and to consider the well-being and interests of the municipality; (b) to develop and evaluate the policies and programs of the municipality; (c) to determine which services the municipality 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; (d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; (e) to maintain the financial integrity of the municipality; and (f) to carry out the duties of Council under this or any other Act. 8.2 Members of Council shall come prepared to every meeting 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 shall make technical inquiries of the Staff regarding materials supplied in advance of the meeting. 8.3 Requests for substantive reports shall be by Council resolution which shall identify the appropriate Department or Department Head and objectives of the report. 8.4 No Member of Council shall have the authority to direct or interfere with the performance of any work for the Township. 9. ROLE OF HEAD OF COUNCIL 9.1 It is the role of the Head of Council, per Section 225 of the Municipal Act, 2001, as amended: (a) to act as Chief Executive Officer of the municipality; (b) to preside over Council meetings so that business can be carried out efficiently and effectively; (c) to provide leadership to Council; By-law No. 17-97 Page 14 (c.1) without limiting clause (c), to provide information and recommendations to the Council with respect to the role of Council as described in Section 8.1 of this By-law and Section 224 of the Municipal Act, 2001, as amended; (d) to represent the municipality at official functions; and (e) to carry out the duties of the Head of Council under the Municipal Act or any other Act. 9.2 By virtue of their office, the Head of Council is appointed as an Ex -Officio Member of Advisory Committees and Local Boards and shall have the same rights and privileges as any of the other members, including the right to vote. 9.3 For the purposes of the Township of Malahide Emergency Response Plan if the Head of Council is unavailable, the Deputy Head of Council or the Council Appointee shall be the alternate. 10. HEAD OF COUNCIL AS CHIEF EXECUTIVE OFFICER 10.1 It is the role of the Head of Council, per Section 226.1 of the Municipal Act, 2001, as amended: (a) to uphold and promote the purposes of the municipality; (b) to promote public involvement in the municipality's activities; (c) to act as the representative of the municipality both within and outside the Township, and promote the municipality locally, nationally and internationally; and (d) to participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents. 11. PRESIDING OFFICER 11.1 The Head of Council, if present, shall preside as Chair at all meetings of Council. In the event that the Head of Council is absent; has a conflict under the Municipal Conflict of Interest Act; refuses to act; or the office becomes vacant, the Deputy Head of Council shall act in the place and stead of the Head of Council, and while so acting the Deputy Head of Council may exercise all the rights, powers and authority of the Chair, while presiding at meetings. By-law No. 17-97 Page 15 11.2 In the absence of both the Head of Council and the Deputy Head of Council, and if a quorum is present, the Council shall elect a Chair from amongst its members present. While presiding, the Member appointed by the Council shall have all the powers of the Head of Council for the purpose of conducting the meeting. 12. COMMITTEES 12.1 Special or Ad Hoc Committees may be established from time to time by the Council to consider a specific matter. The Committee shall report directly to the Council. Minutes of the Committee meetings shall be circulated to the Council on a regular basis, and once the Ad Hoc Committee has completed its work, the Committee shall be deemed to be dissolved, unless otherwise determined by the Council. 12.2 The Council may appoint representatives to serve on Local Boards, Advisory Committees, or any other body to which the Council is required or empowered to appoint a representative. Appointments to such Boards/ Committees may be a Member of Council or may be a person appointed from amongst its ratepayers. 12.3 The meetings of Committees may be held at the principal location of the service that the Committee represents on a date and time determined by the Committee. 12.4 The Committee Chair can decide to hold a meeting at another location within the Township or within an adjacent Township. In the case of an emergency, a Committee may hold its meetings at any convenient location within or outside the Township, as determined by the Committee Chair. 12.5 The Chair shall be appointed by the Committee at the commencement of the Committee's term, or from time to time as may be required, and shall act as the Presiding Officer at Committee meetings. If the Chair does not attend by the start of the time appointed for a meeting of the Committee, the Vice Chair, if one is appointed by the Committee, shall act in place of the Chair until the arrival of the Chair. Should both the Chair and Vice - Chair be absent, or there is no Vice -Chair appointed, the Committee Members present shall decide by consensus from amongst themselves a Chair to preside over the meeting until the arrival of the Chair. 12.6 The Committee Chair may at any time summon a special meeting of the Committee on forty-eight (48) hours notice, or reasonable notice in the case of an emergency, to the members of the Committee, or upon receipt of the petition of the majority of the Committee Members, the Committee Secretary, shall summon a special meeting for the purpose and at the time mentioned in the petition. Such reasonable notice of all Committee By-law No. 17-97 Page 16 meetings shall be given to the members through the Committee Secretary. The only business to be dealt with at a special meeting is that which is listed on the agenda/notice of the meeting. 12.7 The Committee Secretary, with the approval of the Committee Chair, may cancel a meeting when there is sufficient cause to do so in their opinion. 12.8 All Committee meetings shall be open to the public except for those reasons outlined in Section 5.6 of this By-law. 12.9 The Committee Secretary shall distribute the agenda package for Regular and Special Committee meetings by a method as determined by the Committee. 12.10 No meeting of a Committee is a constituted meeting unless a quorum is present. 12.11 The rules and regulations contained in this By-law, with necessary modifications, shall be observed in all proceedings of the Committee for the order and conduct of business therein. 13. CONDUCT OF PROCEEDINGS 13.1 As soon after the hour of the meeting as there shall be a quorum present, the Head of Council or Presiding Officer shall take the Chair and the members shall be called to order. 13.2 The Head of Council or Presiding Officer shall announce the business before the Council in the order in which it is to be acted upon. 13.3 The Head of Council or Presiding Officer shall receive and submit, in the proper manner, all motions presented by the Members of Council. 13.4 The Head of Council or Presiding Officer shall preserve order and decorum and decide questions of order subject to an appeal to the Council and this decision may be overruled by a majority vote thereof. 13.5 The Head of Council or Presiding Officer shall put to vote all questions which are regularly moved and seconded or necessarily arise in the course of proceedings, and to announce the result. 13.6 The Head of Council or Presiding Officer shall authenticate by signature when necessary all By-laws, Minutes, and documents authorized by the Council. By-law No. 17-97 Page 17 13.7 The Head of Council or Presiding Officer shall represent and support the Council declaring its will and obeying its decision in all things. 13.8 The Head of Council or Presiding Officer shall ensure that the decisions of the Council are in conformity with the laws and By-laws governing the activities of the Council. 13.9 The Head of Council or Presiding Officer shall adjourn the meeting when business is concluded. 13.10 The Head of Council or Presiding Officer shall adjourn the meeting without question in the case of grave disorder arising in the Council Chamber. 13.11 The Head of Council or Presiding Officer shall ensure that the members of the public who constitute the audience in the Council Chamber or Meeting Rooms: (a) maintain order and quiet; (b) address the Council only with the permission of the Chair; (c) do not interrupt any speech or action of the Members of Council or any other person addressing the Council; and (d) cease and desist any behaviour which disrupts the order and decorum of the meeting and vacate the Council Chambers where such behaviour persists. 14. COUNCIL CODE OF CONDUCT 14.1 The Township's "Council Code of Conduct" shall govern the actions and behavior of the Members of Council. The Code of Conduct may be found on the Township's website (www.malahide.ca) or a copy may be obtained from the Clerk either electronically or paper copy. 15. AGENDAS 15.1 Regular Council Meeting Agendas (a) The Clerk or his/her designate shall prepare the Agenda for all Regular Council Meetings consisting of the following "Order of Business": (i) Call to Order (ii) Disclosure of Pecuniary Interest (iii) Approval of Previous Minutes (iv) Presentations/Delegations/Petitions By-law No. 17-97 Page 18 (v) Reports of Departments (vi) Reports of Committees/Outside Boards (vii) Correspondence (viii) Other Business (ix) By-laws (x) Closed Session (xi) Confirmatory By-law (xii) Adjournment (b) The agenda shall be available to Members of Council at least forty- eight (48) hours preceding the meeting to which it pertains. (c) The business of the Council shall be taken in the order in which it stands upon the agenda, unless otherwise decided by the majority of the Council. (d) The Head of Council or any Member of Council may bring before the Council, any business that he/she feels should be deliberated upon by the Council. These matters need not be specifically listed on the agenda; however, may be brought before the Council under `Other Business'. The member may introduce the matter; however deliberations on such matter shall be given at the next regular meeting unless otherwise determined by consent of the majority of the Members of Council. See Section 20.2 of this By-law for Other Business. 15.2 Special Council Meetinq Aqendas (a) The Clerk, where reasonably possible, shall cause an agenda to be prepared, in the following order, for the use of members at Special Meetings of Council: Declaration of Pecuniary Interest Consideration of Business for Which Notice is Given Adjournment (b) The agenda for Special Council Meetings shall be available at least forty-eight (48) hours preceding the meeting to which it pertains, if possible and if necessary. (c) The minutes of a Special Meeting shall be approved at the next Regular Meeting of the Council. By-law No. 17-97 Page 19 16. MINUTES 16.1 Minutes (a) Minutes of the Council, whether it is closed to the public or not, shall record: (i) the date, time, and place of the meeting; (ii) the record of attendance of the Members; (iii) the correction and adoption of the minutes of prior meeting(s); (iv) all resolutions and decisions; (v) all the other proceedings of the meeting without note or comment, whether it is closed to the public or not; (vi) a list of other business items discussed. (b) After the minutes have been adopted, they will be signed by the Head of Council and by the Clerk or designate. 16.2 The Clerk shall ensure that the Minutes of the preceding Regular Meeting and any Public Meetings or Special Meetings are circulated along with the agenda package prepared in accordance with Section 15.1 of this By-law. 16.3 The onus shall be upon members attending after commencement of the meeting to inform the Clerk of their arrival in order that the same may be recorded in the Minutes. 16.4 Unless a reading of the minutes of a Council meeting is requested by a Member of Council, such minutes shall be approved without reading if the Clerk previously furnished each member with a copy thereof and has previously posted same. 16.5 The minutes of Regular and Special Meetings shall be posted on the municipal website (www.malahide.ca) for public inspection. 16.6 The minutes shall be filed once passed by the Council. 17. PRESENTATIONS/DELEGATIONS/PETITIONS 17.1 Any person wishing to appear before the Council on Municipal business shall notify the Clerk, in writing, no later than 12:00 noon on the Monday preceding the Council Meeting, accompanied by a written brief outlining the subject matter of the presentation. By-law No. 17-97 Page 20 17.2 The inclusion of a delegation on the agenda shall be determined on a first come, first served basis and regard shall be given to the length of the agenda. 17.3 Any communication or correspondence that is to be presented to the Council shall be legibly written, typed, or printed and shall not contain any obscene or defamatory language and shall be signed by at least one person and filed with the Clerk no later than 12:00 noon on the Monday preceding the regular Council meeting. 17.4 If a request to be heard is received after 12:00 noon on the Monday preceding the regular Council meeting, it must be approved by the Head of Council or Clerk before it will be added to the agenda. 17.5 Any communication or correspondence as referred to in Subsection 17.3 above includes electronic mail provided it contains the computer address and full name of the sender and is received by the Clerk no later than 12:00 noon on the Monday preceding the regular Council meeting. 17.6 The Clerk may, upon receipt, refer any communication or petition to a Department Head without the prior consideration of the Council. 17.7 After a delegation has been heard at a Council meeting and it is felt that a further hearing on the same topic is warranted, the Council may so recommend and shall determine the time and date of such further hearing. 17.8 The Head of Council has the discretion to limit delegations on repetitive topics, or topics that are deemed to be frivolous. 17.9 Any person desiring to address the Council by oral communication shall first secure the permission of the Head of Council or Presiding Officer, provided, however, that preference will be given to those persons who have notified the Clerk by 12:00 noon on the Monday immediately preceding the Council meeting of their desire to speak in order that their name may be placed on the agenda and they will be recognized by the Head of Council or Presiding Officer without further action. 17.10 Each person addressing the Council shall step up, shall give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the Council, shall limit their address to fifteen (15) minutes, including questions. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than Members of Council and the person having the floor shall be permitted to enter into any discussion, either directly or through the Members of Council. No questions shall be asked to the Council Members, except through the Head of Council or Presiding Officer. By-law No. 17-97 Page 21 17.11 A delegation requesting to speak for more than 15 minutes will only be permitted by prior approval of the Head of Council, Clerk, or Chief Administrative Officer. 17.12 If an organization wishes to address the Council, it is recommended that one person be chosen to speak for the group/organization. 17.13 Delegations appearing before the Council with respect to the same matter on the Agenda will be requested to limit their presentation to reduce repetition of the same points. 17.14 Interested parties, or authorized representatives, may address the Council by written communication in regard to any matter concerning the Township's business or over which the Council has control at any time by direct mail or by addressing the Clerk and such written communication will be distributed to the Council Members. 18. REPORTS OF COMMITTEES/OUTSIDE BOARDS 18.1 Reports of Committees/Outside Boards shall be filed with the Clerk no later than 12:00 noon on the Monday that precedes the Council meeting. Reports of Committees/Outside Boards will be provided to the Council to be received and/or to concur with any recommendations of the Committees. 19. REPORTS OF DEPARTMENTS 19.1 Reports of Departments shall be received by the Clerk no later than 12:00 noon on the Monday that precedes the Council meeting. 19.2 Staff walk-in reports shall be discouraged. Department reports not included on the agenda may be circulated to the Members of Council at a regular meeting; however consideration of such report shall be given at the next meeting unless otherwise determined by the consent of the majority of the Council. 20. OTHER BUSINESS 20.1 Other business includes any correspondence to the Council that may not necessarily require a Staff report in order to be considered by the Council. 20.2 Other business may include matters that are introduced by a Member of Council at a meeting; however, consideration of the matter shall be given at the next regular meeting unless otherwise determined by consent of the majority of the Members of Council. See also Section 15.1(d) of this By- law. By-law No. 17-97 Page 22 20.3 Other business may include announcements about past or upcoming events that a Member of Council wishes to inform other Members and the public about. Announcements are not required to be recorded in the Minutes. 21. NOTICE OF MOTION 21.1 Submitted Prior to the Meetinq (a) Notice of motions, insofar as practicable, shall be given in writing to the Clerk no later than 12:00 noon on the Monday preceding the next regular Council Meeting so that the matter may be included in the Council agenda package. (b) The Clerk may introduce matters to be dealt with by motion subject to the notice provisions set out above. 21.2 Submitted During Meetinq A notice of motion may the submitted to the Clerk during a meeting, in which case: (a) during the "Other Business" portion of the meeting, the Head of Council or Presiding Officer shall have the notice of motion read; and (b) the notice of motion shall be recorded in the minutes and placed on the agenda for the next regular meeting; or (c) a motion may be introduced and considered at a meeting without notice if it is duly moved and seconded; and receives a majority vote of the majority of the Members of Council. 21.3 The Member who initiated the notice of motion need not be present when the related motion is read. 21.4 A notice of motion may be withdrawn orally by its originating Member prior to the related motion being read. 22. BY-LAWS 22.1 The Council shall be provided with a draft copy of all By-laws which are on the agenda for consideration. Every By-law shall be introduced by motion and shall receive three readings prior to it being passed. Nothing shall prevent the Council from giving all three readings to a By-law at one sitting of the Council. By-law No. 17-97 Page 23 22.2 Amendments to separate by-laws may be proposed during the course of the debate. 22.3 Every By-law enacted by the Council shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the Clerk and Head of Council and shall be filed by the Clerk for safekeeping. 22.4 A By-law shall be deemed to have been read upon the title or heading or short description thereof being read or taken as read unless a Member of Council requires the By-law or any portion thereof to be read in full. 22.5 The proceedings at every regular meeting shall be confirmed by By-law so that every decision of the Council and every resolution passed at that meeting 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. The proceedings at every Special Meeting shall be approved by resolution at the next regular meeting of the Council. 23. ADJOURNMENT 23.1 The Council shall adjourn if still in session after a duration of three (3) hours, unless otherwise determined by a resolution of the Council passed by the majority of the Members. 24. RESOLUTIONS/MOTIONS 24.1 A motion must be formally seconded before the question can be put on a motion and recorded in the minutes. 24.2 When a motion is presented to the Council, in writing, it shall be read, or, if it is an oral motion, stated by the Head of Council or Presiding Officer. 24.3 After a motion is read or stated by the Head of Council or Presiding Officer, it shall be deemed to be in possession of the Council but may, with the permission of the Council, be withdrawn at any time before decision or amendment. 24.4 After a motion has been read, a Member may propose a friendly amendment. A friendly amendment is an amendment that is perceived by all parties as an enhancement to the original motion. Friendly amendments may be permitted by the Head of Council after consent by the original Mover of the motion, and then by all of the Members. 24.5 After a motion is finally put to a vote, no member shall speak to the motion nor shall any other motion be made until after the vote is taken and the result declared. By-law No. 17-97 Page 24 24.6 Every Member of Council shall have one vote. 24.7 The Head of Council or Presiding Officer may vote with the other Members of Council on all questions. 24.8 All votes shall be announced openly, as Carried or Defeated, by the Head of Council or Presiding Officer. The Clerk shall record the results of the votes as follows: (a) if passed "Carried"; (b) if not passed "Defeated"; and (c) if tied "Motion Lost". 24.9 On an unrecorded vote, the manner of determining the decision on a motion shall be at the discretion of the Head of Council or Presiding Officer and may be by voice or show of hands. 24.10 The Head of Council or Presiding Officer shall require a recorded vote to be taken on any question upon request of a member if such request is made prior to commencement of the voting or immediately thereafter. When a member present requests a recorded vote, all members present at the meeting shall vote, unless otherwise prohibited by statute. See Section 246 of the Municipal Act, 2001. The Members shall respond YEA or NAY when called upon. The names of those who voted for and those voted against shall be noted in the minutes. 24.11 Failure to vote by a qualified member shall be deemed to be a negative vote. 24.12 Except where expressly provided in Statute, any question on which there is an equality of votes shall be deemed to be defeated. See Section 245 of the Municipal Act, 2001. 24.13 The Head of Council or Presiding Officer shall declare the vote on all questions and should his/her declaration be stated by any Member to be in doubt, the Head of Council or Presiding Officer shall require the vote to be retaken in an alternative manner and the results of this vote shall be final. 24.14 Members shall not speak to the same motion without the consent of the Head of Council or Presiding Officer, and at the end of the debate, a motion for closure may be made by the Head of Council or Presiding Officer. By-law No. 17-97 Page 25 24.15 When the matter under consideration contains distinct recommendations or propositions, any Member may request that a vote upon each recommendation or proposition be taken separately, or a recommendation(s) be removed from the original motion and a new motion created and the Council shall comply with the request for the purpose of dealing with the matter. 24.16 Amendments shall be put in the reverse order to that in which they are moved. Only one amendment shall be allowed to an amendment. 24.17 A Member of Council may present a motion to recess in order to take a short break during a meeting. The duration shall be established by the Head of Council or Presiding Officer. 25. RECONSIDERATION 25.1 Despite a previous decision, a Member of Council may ask that a previous motion be reconsidered. 25.2 The Council may only reconsider a matter that has not been acted on by an officer, employee, or agent of the municipality. 25.3 Debate on a motion for reconsideration shall be confined to reasons for or against reconsideration. 25.4 To bring the original motion back to the table for reconsideration, a majority of the Council is required. A Member who voted with the majority on the original motion must introduce a motion for reconsideration. In the event that the original motion was not decided by a recorded vote, the Head of Council or Presiding Officer shall determine that the motion to reconsider is being appropriately introduced. 26. RESCIND OR AMEND SOMETHING PREVIOUSLY ADOPTED 26.1 A two-thirds (2/3) majority vote of the Members of Council without notice or a majority of the members with notice is required to rescind or amend something previously adopted by the Council. 26.2 The motion to amend something previously adopted cannot go beyond the scope of notice, otherwise 2/3 vote of the Members is required. 26.3 When an action of a resolution has been done, such resolution cannot be rescinded or amended. By-law No. 17-97 Page 26 27. RULES OF DEBATE 27.1 The following matters and motions may be introduced orally without written notice and without leave except as otherwise provided by these rules: (a) a point of order or personal privilege; (b) presentation of petitions; (c) to lay on the table (to defer temporarily); (d) to postpone indefinitely or to a specific day; and (e) to move the previous question (immediate vote on the main motion). 27.2 The following motions may be introduced without notice and without leave: (a) to refer; (b) to adjourn; (c) to amend; and (d) to suspend the rules of procedure. 27.3 Every Member prior to speaking to any question or motion shall raise their hand and obtain permission from the Presiding Officer to speak. When two or more members wish to speak, the Presiding Officer shall name the Member who has the floor and that shall be the Member, who, in the opinion of the Presiding Officer raised their hand first. 27.4 When a Member is called to order, they shall cease speaking unless allowed to explain, and the ruling of the Presiding Officer shall be obeyed, subject to the appeal to the Council, but without debate. 27.5 No Member of Council shall speak more than once to the same question without the leave of the Council or until all other Members have had the opportunity to speak to the question a first time, except in explanation of a material part of their speech which may have been misconstrued, and in doing so, they are not to introduce a new matter. 27.6 If the Head of Council desires to leave the Chair for the purpose of taking part in the debate or for any other reasons, the Deputy Head of Council shall assume the Chair in their place until they resume the Chair. By-law No. 17-97 Page 27 The Head of Council or Presiding Officer may answer questions and comment in a general way without leaving the Chair, but if they wish to make a motion or speak to a motion taking a definite position and endeavouring to persuade the Council to support that position, then they shall first leave the Chair. The Head of Council or Presiding Officer does not need to vacate the Chair to simply state support or opposition to a motion on the floor. 27.7 When the Head of Council or Presiding Officer calls for the vote on a question, each Member shall occupy their seat until the result for the vote has been declared by the Head of Council or Presiding Officer, and during such time no Member shall walk across the room to speak to any other Member or make any noise or disturbance. 27.8 When a Member is speaking, no other Member shall pass between them and the Chair or interrupt them except to raise a point of order. 27.9 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. 28. POINTS OF ORDER AND PRIVILEGES 28.1 No vote shall be taken by ballot or any other method of secret voting, and every vote so taken is of no effect, in accordance with Section 244 of the Municipal Act, 2001. 28.2 Unless otherwise authorized by the Head of Council or Presiding Officer, all Members, Staff and guests shall address the Council through the Head of Council or Presiding Officer and only when recognized to do so. 28.3 When two or more members indicate simultaneously that they wish to speak, the Head of Council or Presiding Officer shall name the Member who is to speak first. 28.4 The Head of Council or Presiding Officer shall preserve order and decide questions of order. 28.5 The Council, if appealed to, shall decide the question without debate and its decision shall be final. 28.6 If the Member who made the motion claims the floor and has not already spoken on the question, they are entitled to be recognized in preference to other Members. By-law No. 17-97 Page 28 29.1 Any member may raise a point of order. 29.2 The Head of Council or Presiding Officer shall decide all questions of order and the decision of the Head of Council or Presiding Officer shall be final, subject to appeal, with the Head of Council or Presiding Officer retaining the option of putting any question or order to the Council and in such instances the decision of the Council shall be final. Upon appeal of any decision of the Head of Council or Presiding Officer the question of order shall be decided by the Council and the decision shall be final. 30. RULES OF ORDER 30.1 "Roberts Rules of Order" shall govern the proceedings of the Council in all cases, unless they are in conflict with these rules. 31. SUSPENSION AND AMENDMENT OF THESE RULES 31.1 Suspension of these Rules Any provision of these rules may be temporarily suspended by a vote of a majority of the Council. The vote on any such suspension shall be taken by YEAS and NAYS and entered in the minutes. 31.2 Amendment to these Rules These rules may be amended, or new rules adopted by a majority of vote of all Members of Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. 32. ADMINISTRATIVE AUTHORITY OF THE CLERK 32.1 The Clerk shall be authorized to make minor corrections to any by-law, minutes or other Council document to eliminate technical or typographical errors prior to the by-law/document being signed. 33. VALIDITY AND SEVERABILITY 33.1 It is hereby declared that notwithstanding any section, subsections, clause, paragraph or provision of this By-law or parts thereof, that may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and shall not affect the validity or enforceability of any other provisions of this By-law as a whole By-law No. 17-97 Page 29 or part thereof and all other sections of this By-law shall be deemed to be separate and independent therefrom and enacted as such. 34. EFFECTIVE DATE 34.1 By-law No. 11-37, as adopted on May 19, 2011, be and the same is hereby repealed in its entirety. 34.2 Any other by-laws or provisions in other by-laws found to be inconsistent with this By-law are hereby deemed to be repealed. 34.3 This By-law comes into force and takes effect on the final passing thereof. READ a FIRST and SECOND time this 21St day of December, 2017. READ a THIRD time and FINALLY PASSED this 21 st day of December, 2017. M or, . Menni Clerk, M. Casavecchia-Somers