8”‘ · responsibilities pertaining to the agenda refer to both the printed (hard) copy and...

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THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY BY-LAW 2016-61 Being a By-Law to enact Council Procedures for the Corporation of the Township of Georgian Bay (Repeals and Replaces By-law 2016-22) WHEREAS pursuant to the provisions of Section 238(2) the Municipal Act, 2001, as amended, the Township of Georgian Bay is required to pass a procedural by-law governing the calling, place & proceedings of meetings; AND WHEREAS pursuant to Section 5(3) of the Municipal Act, 2001, as amended, a municipal power, including a municipality's capacity, rights, powers and privileges under section 9, shall be exercised by by-law unless the municipality is specifically authorized to do so otherwise; AND WHEREAS the Council of the Corporation of the Township of Georgian Bay deems it expedient to establish rules and procedures to facilitate the efficient and effective transaction of business and to protect the rights and privileges of its members. AND WHEREAS the Council of the Corporation of the Township of Georgian Bay deems it expedient to consolidate all amendments to procedures into a single document; NOW THEREFORE the Council of the Corporation of the Township of Georgian Bay ENACTS AS FOLLOWS: That By-law 2016-22 and any and all amendments thereto are hereby repealed and replaced by this by-law; This by-law shall come into full force and effect on the day of passing; Any by-law or by—|aws, or parts of any by-law or by-laws that are inconsistent with this by-law are hereby deemed repealed; READ and enacted in Open Council this 8”‘ day of August, 2016. Larry Braid, Mayor

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Page 1: 8”‘ · Responsibilities pertaining to the agenda refer to both the printed (hard) copy and electronic (soft) copy. "Assembly ofCouncil" means an informal gathering ofa quorum

THE CORPORATION OFTHE TOWNSHIP OF GEORGIAN BAY

BY-LAW 2016-61

Being a By-Law to enact Council Proceduresfor the Corporation of the Township of Georgian Bay

(Repeals and Replaces By-law 2016-22)

WHEREAS pursuant to the provisions of Section 238(2) the Municipal Act,2001, as amended, the Township of Georgian Bay is required to pass aprocedural by-law governing the calling, place & proceedings of meetings;

AND WHEREAS pursuant to Section 5(3) of the Municipal Act, 2001, asamended, a municipal power, including a municipality's capacity, rights,powers and privileges under section 9, shall be exercised by by-law unlessthe municipality is specifically authorized to do so otherwise;

AND WHEREAS the Council of the Corporation of the Township of GeorgianBay deems it expedient to establish rules and procedures to facilitate theefficient and effective transaction of business and to protect the rights andprivileges of its members.

AND WHEREAS the Council of the Corporation of the Township of GeorgianBay deems it expedient to consolidate all amendments to procedures into asingle document;

NOW THEREFORE the Council of the Corporation of the Township of GeorgianBay ENACTS AS FOLLOWS:

That By-law 2016-22 and any and all amendments thereto are herebyrepealed and replaced by this by-law;

This by-law shall come into full force and effect on the day of passing;

Any by-law or by—|aws, or parts of any by-law or by-laws that areinconsistent with this by-law are hereby deemed repealed;

READ and enacted in Open Council this 8”‘day of August, 2016.

Larry Braid, Mayor

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TABLE OF CONTENTS

SCHEDULE A ~ DEFINITIONS ...............................................................

..3

SCHEDULE B — ROLES AND RESPONSIBILITIES ........................................6

SCHEDULE C — CALLING OF MEETINGS .................................................

..8

SCHEDULE D - CLOSED SESSION .........................................................

..9

SCHEDULE E — QUORUMAND RELATED MATTERS .................................. 12

SCHEDULE F — ENACTMENTS .............................................................

..13

SCHEDULE G — CONDUCT OF DEBATE .................................................

..16

SCHEDULE H — AGENDA ....................................................................

..19

SCHEDULE I — DELEGATIONS .............................................................

..23

SCHEDULEJ — RECORDING EQUIPMENT................................................24

SCHEDULE K — FURTHER CLARIFICATION OF CERTAIN ROLES .................25

SCHEDULE L — COMMITTEE OF THE WHOLE ...........................................26

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10.

11.

12.

13.

14.

SCHEDULE ADEFINITIONS

“The Act” means the Municipal Act, 2001, as amended.

“Acting Head” means a member appointed and approved by Council inaccordance with Sections 226 or 242 of the Act, to act in place of the Mayor.

“Ad Hoc Committee” means a committee that is established by Council toperform a specific task and will cease to exist upon the completion of thetask.

“Agenda” means a list of the specific items under each division of the orderof business that the officers or board plan to present to a meeting.Responsibilities pertaining to the agenda refer to both the printed (hard)copy and electronic (soft) copy.

"Assembly of Council" means an informal gathering of a quorum of Memberswhere there is no intent to exercise its decision making authority.

“Chair” means the person presiding at a meeting whether it is the Head ofCouncil or any other member, and includes an Acting Chair within themeaning of the Act.

“Clerk” means the Clerk of the Corporation of the Township of Georgian Bay,or designate.

“Closed Session” means a meeting, or portion of a meeting, that is not opento the public, under the authority of the Section 239 (2) of the Act.

“Committee” and all Committee compositions are defined in the most currentmunicipal Terms of Reference By-law.

“Committee of the Whole of Council” means a committee whose membersare all the members of Council, and the abbreviation “COW” in this by~lawshall be the recognized acronym for the Committee of the Whole of Council.

“Confirming By-law” means a by-law to declare and confirm that theproceedings of Council have been deemed to conform to this By-law.

“Corporation” means the Corporation of the Township of Georgian Bay.

“Council” means the Council of the Township of Georgian Bay.

“Day” means calendar day, except that when a deadline falls on a day whenthe Township administrative offices are closed, the deadline shall be deemedto fall on the first day that those offices re—open.

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15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

“Delegation” means a presentation to Committee of the Whole, on behalf ofa person or group of persons with a common interest.

“Deputation” means a presentation to Council or Committee at the requestofstaff or officials. A deputation may also form part of a staff report.

“Head of Council” means the Mayor of the Corporation of the Township ofGeorgian Bay, or designate.

“Informa| Consideration” means consideration and discussion of a problem ormotion without the usual restrictions on debate.

“Majority” means a number greater than half the total of the eligible votingmembers of Council or Committee in attendance.

“Meeting" means any formally constituted Regular or Special meeting ofCouncil, or any other meeting, where there is a quorum of Council, or of aCommittee, in attendance and the business of the municipality is underdiscussion or advancement.

“Member” means a person or persons duly appointed to Council or aCommittee.

“Minutes” means the documentation of the proceedings of Council or aCommittee and includes the place, date, time, name of presiding officer, listof members in attendance, and evidence of a quorum. The Minutes willdocument the actions taken and decisions made by members at themeeting. Minutes shall be recorded by the Clerk or designate in accordancewith Section 228(1) (a) of the Act.

“Order of Business” is the list of divisions of business in the order in whicheach will be called for at business meetings.

“Pecuniary Interest" means an interest in a matter whereby a member couldinfluence, or vote on a matter to such an extent as to created or causefinancial gain, benefit, or result in a state of affairs to which the memberwould enjoy bonus or benefit unlike other members or in common withratepayers. Pecuniary Interest may be direct or indirect. (See Mun. Conflictof Interest Act)

“Quorum” shall mean more than 50% of the eligible voting members ofCouncil or a Committee.

“Recorded Vote” means the recording of the name and vote of everyMember voting on any matter or question.

“Recording Equipment” means the use of cameras, electric lightingequipment, flash bulbs, recording equipment, television cameras and anyother device of a mechanical, electronic or similar nature used for

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28.

29.

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31.

32.

transcribing or recording proceedings by auditory or visual means by anyperson other than the recording secretary of the meeting.

“Record” means information, however recorded or stored, whether in printedform, on film, by electronic means or otherwise, and includes documents,financial statements, minutes, accounts, correspondence, memoranda,plans, maps, drawings, photographs and films.

“Record of a Meeting” shall mean the same as Minutes (see Definition 22)

“Report” means a document prepared by Council, a Committee, staff, orconsultant that provides sufficient detail and information to assist theCouncil or Committee in coming to a decision.

“Supp|ementary Agenda” means a secondary agenda prepared for Council, acommittee, or staff after a regular agenda has been distributed. All itemscontained within this agenda must be considered urgent.

For the purposes of this by-law, all male gender pronouns (he/him) shall beconsidered as gender neutral (he/she him/her).

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SCHEDULE BROLES AND RESPONSIBILITIES IN RELATION TO THIS BY-LAW

1. Duties of Head of Council in this by-law and in relation to meetings ofCouncil are:

a)

b)

C)

d)

f)

9)

h)

J")

k)

|)

to open the meeting of Council by taking the Chair and calling theMembers to order;

to announce the business before the Council in the order in which it is tobe presented;

to receive and submit, in the proper manner, all motions presented bythe Members of Council;

to put to vote all questions, which are regularly moved and seconded, ornecessarily arise in the course of the proceedings, and to announce theresult;

to decline to put to vote, motions which infringe upon the rules ofprocedure;

where this by-law does not otherwise address a matter, to act on pointsof order in accordance with the provisions of “The Standard Code ofParliamentary Procedure” (A/ice Sturgis)

to enforce on all occasions, the observance of order and decorum amongthe Members;

to call by name, any Member persisting in breach of the rules of order ofthe Council, therefore ordering him to vacate the Council Chamber;

if considered necessary because of grave disorder, to adjourn the sittingwithout a question being put, or to suspend the sitting for a time to benamed;

to temporarily recess the meeting if a situation dictates;

to adjourn the meeting when the business is concluded;

To authenticate by his signature, when necessary, all by-laws, resolutionsand minutes of Council.

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2. Duties of the Clerk and/or designate in this by-law and in relation tomeetings of Council/Committeeof the Whole are:

a)

b)

f)

9)

h)

Following where possible, and in consultation with the ChiefAdministrative Officer, determine, publish and distribute the agenda forall meetings of Council and COW in accordance with the provisions of thisby-law; Where the Clerk determines that the number of agenda items forthe day will likely result in significant overrun of the allocated dailymeeting time, the Clerk, in consultation with the CA0, may arrangealternate meeting date(s) for the matter(s) to be heard. The Clerk shallattach to the Consent Agenda, a list of the matters that were deferred,together with an expected date for recall and the reason for the delay.

to make available the regular agenda to the public at the same time asdistribution of the regular agenda to members of Council;

in consultation with the Chief Administrative Officer, to ensure thatadministrative processes relative to the agenda publication anddistribution are comprehensive, efficient and cost-effective;

to provide procedural guidance to Council as required;

to attend, or cause a designate to attend, all meetings of Council andClosed Sessions of Council and all meetings of COW;

to record, without note or comment, all resolutions, decisions, and otherproceedings of Council;

to forward a copy of all decisions, resolutions, and proceedings of Councilto the appropriate members of administration, public, other agencies,boards, or governments;

To perform such other duties as may be assigned by Council or prescribedby law.

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SCHEDULE CCALLING OF MEETINGS

1. First Meeting

All Inaugural meetings shall be in accordance with the Municipal Act, 2001,on a date to be determined by the Clerk.

2. Regular Meetings

Council shall hold regular meetings according to a calendar proposedannually by the Clerk and approved by Council. Such meetings shall be heldat the Municipal Office located at 99 Lone Pine Road, Port Severn, Ontario orat such other place or time as may be determined from time to time bydecision of Council. The regular meetings shall generally be scheduled on thesecond Monday of the month and shall generally commence at 9:00 am onMondays.

Committee of the Whole shall hold regular meetings at the Municipal Officelocated at 99 Lone Pine Road, Port Severn, Ontario. The regular meetingsshall generally be scheduled on the second Tuesday of the month and shallroutinely commence at 9:00 am. When a regular meeting falls on a publicholiday or a statutory holiday, the meeting shall be held the next day whichis not a public or Statutory Holiday; the Head of Council may, with theconcurrence of Council, cancel or re-schedule regular meetings.

Notwithstanding the aforementioned, the Head of Council, after consultationwith the Clerk, may postpone the regular meeting date of Council due toextenuating or emergency circumstances provided a minimum of 24 hoursnotice is given to each member of Council prior to the meeting’s scheduleddate. A replacement date to take place on any date other than the nextregularly scheduled meeting of Council may only be scheduled with theconsent of the majority of the members of Council, the Clerk to pollmembers for their concurrence.

3. Special Meetings

a) The Head of Council may at any time summon a Special Meeting;

b) It shall be the duty of the Head of Council to summon a Special Meetingupon request by a majority of members;

c) In the absence of the Head of Council or if the office is vacant, or shouldthe Head of Council not act promptly to call a meeting in accordance withthe foregoing paragraph, a special meeting is to be summoned by theClerk upon a request by a majority of the members.

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d) The Clerk shall give to all members of the Council notice in a formdeemed appropriate by the Clerk, of each Special Meeting of Council.

e) Notice shall be given to members at least 24 hours in advance of theSpecial Meeting and Public Notice shall be given on the municipal webpage at the same time.

f) No business other than that specified in the notice of Special Meetingshall be conducted at that Special Meeting.

g) In case of emergency, the Head may summon an Emergency Meeting ofthe Council in such a way as he may deem best without regard to anylength of notice to the members or public. Notice of emergency meetingsmay be made to the members verbally. The time and place of theemergency meeting shall be provided in the notice to members. PublicNotice of Emergency Meetings shall be posted on the Website and at themunicipal office, and at any other location Council deems necessary, assoon as practical. For the purposes of this section, an emergency is asituation that poses an immediate risk to health, life, property, orenvironment or intervention to prevent a worsening of the situation.

4. Assembly of Council

Where an assembly of a quorum of Council has convened with no intentionto exercise its statutory decision making authority, the assembly shall not bedeemed to be a Regular or Special Council Meeting and shall not be subjectto the formal rules applicable to Regular or Special Council Meetingscontained in this By-law. Notwithstanding the foregoing, notice of anAssembly shall be given on the Township website.

Members of Council will advise the Clerk's office no later than three (3)business days prior to the event that they plan on attending; if no more thanthree (3) member are attending an event, no notice will be given of anAssembly of Council since there will be no quorum.

5. Committee of Adjustment (Citizen Members)

Specific Planning Matters will be dealt with on the designated Fridaysaccording to the approved calendar. The meeting shall be conducted asclosely as possible in accordance with all other rules and practices prescribedin this document and in accordance with the procedures established for theCommittee.

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SCHEDULE DCLOSED SESSIONS

.Before entering into Closed Session, Council must pass a resolutioncontaining the following information:

a) that the meeting is a Closed Meeting;

b) the general nature of the matter Council or committee is considering atthe closed meeting; and

c) The reasons the matter requires a Closed Meeting; Council must stateone or more of the eight discretionary reasons found in Section 239 of theAct.

. When moving a motion to meet in Closed Session, Council shall voluntarilydisclose as much information as possible without compromising the need foror appropriateness of confidentiality for those matter(s) to be discussed inclosed session.

. During the conduct of the closed meeting, Members of Council are prohibitedfrom discussing any additional matters not contained within the motion tomove into Closed Session.

. In the event that the Closed Session consideration of an item begins tomove beyond the statutory requirements for meeting in Closed Session, anymember shall promptly advise the Council accordingly.

.Any member of Council may move a motion to refer the item to opensession if in his or her opinion the issue or any portion thereof beingdiscussed in the Closed Meeting is not appropriate in accordance with theterms of the Act;

. If a matter must be discussed that was not disclosed before entering intoClosed session, Council shall rise from the first Closed Session, move asecond motion to move into Closed Session with respect to the additionalmatter, and then move back into Closed session to discuss that additionalitem;

. All decisions, regardless of whether they were noted in the agenda, shall berecorded in the Minutes of Closed Session;

. The only votes that may be taken during a Closed Session of council are withrespect to directions to staff or agents of the municipality or a vote on aprocedural matter (i.e. deferral, referral, tabling).

. In the event that an item considered at a Closed Meeting is subsequentlyaddressed / passed in Open Session, the protections afforded individuals

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10.

11.

12.

under the Municipal Freedom of Information and Protection of Privacy Actare to be respected.

All attendees in Closed Session shall keep confidential allinformation obtained during his/her attendance at that meeting unless bythe concurrence of Council, the information, or parts of the information,may be disclosed in public in accordance with the Municipal Freedom ofInformation and Protection of Privacy Act.

Responsibilities of staff and Councillors in relation to Closed Meetings are:

a) Every agenda item submitted by staff or an elected official will beaccompanied by a report which will, if possible, include materials to bedistributed or presented in the meeting. At a minimum, the report willinclude a brief description of the purpose and effect of the report andwhat additional information is pending and why.

b) The Open and Closed Agenda Descriptions shall be sufficient enough toprovide the general nature of the matter Council or Committee isconsidering at the Closed Meeting.

c) If staff brings forward a report to the open session of a meeting that issupplemented by a separate confidential report, such as a legalopinion, Council then can either consider and pass the public report inOpen Session, or move to meet into Closed Session to ask questionsabout the legal opinion;

d) The Clerk or designate shall ensure that a complete hard copy record,including all supportive documents, is kept of the Closed Session inaccordance with Subsections 239(7) and (8) of the Act.

A meeting or part of a meeting shall be closed to the public if the subjectmatter being considered is an ongoing investigation respecting themunicipality, a local board or a municipally-controlled corporation by theOmbudsman appointed under the Ombudsman Act, a locally-appointedOmbudsman, or an appointed closed meeting investigator.

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SCHEDULE EQUORUMAND RELATED MATTERS

1. Quorum Requirements:

a) A quorum of more than 50% of voting members must be present at ameeting in order for those present to be able to conduct business.

b) In the case of a pecuniary interest being declared by a member, theremaining members will constitute quorum provided there are not lessthan two.

2. No business shall be conducted at a meeting without a quorum.

a) If after thirty minutes from the time set for a meeting there is no quorumpresent, the Clerk shall record the names of the members present andthe Chair, or designate, shall declare the meeting adjourned.

b) If at any time during a sitting of Council, the Head of Council, ordesignate, should observe, or if any members shall call his or herattention to the fact that quorum is not present, he or she shall forthwithdeclare the Council adjourned, and the Clerk shall enter in the minutesthe names of the members present at the hour at which suchadjournment was made.

c) If a Member is unable to be in attendance at a meeting, or is going to belate for a meeting, he/she shall promptly notify the Office of the Clerk inadvance of the meeting. After consultation with the Chair, the Clerk shallpoll eligible voting members of the meeting to establish a new meetingdate and time if required.

cl) When a member declares a Pecuniary Interest with a matter on theagenda, he shall immediately enter into the register, his name, theagenda item number and description. He shall then sign and date theregister.

3. When Head is Absent

a) In the case of a temporary or planned short term absence, the Head ofCouncil may designate a member to act in his/her stead;

b) In the case of a permanent or long term absence, the role of Head ofCouncil will be filled in accordance with the provisions of Section 259 ofthe MunicipalAct, 2001.

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SCHEDULE FENACTMENTS

1. Resolutions and Motions

a) The enactment of a by—law or the adoption of a resolution can only be

b)

d)

f)

9)

accomplished by way of a motion. The following conditions shall apply;

i. All motions must be made in writing;

ii. All motions must be moved and seconded;

iii. A motion must be read out by the Chair or his designate.

The motion may include by incorporation any material included in theagenda. The motion shall also be presented in the affirmative. After amotion has been read out, it shall be deemed to be in the possession ofthe meeting. The Chair shall then call for debate on the motion.

Except as contemplated elsewhere in this By-law, each member of themeeting shall have the opportunity to address the question. Any membermay require the question under discussion to be read at any time duringthe debate, but not so as to interrupt any other member while speaking.With leave of the Chair, the Clerk or any other appropriate member ofstaff may address Council to clarify the issues pertaining to the subjectmatter of the question or to provide additional information pertainingthereto.

Except with leave of the Chair, no member in Council shall be allowedmore than 5 minutes to address the question or to speak more than twiceon the question for a total entitlement of 10 minutes. Thisnotwithstanding, no member shall be permitted to speak for a secondtime until all members have had the opportunity to speak once. Whenthere are no further speakers to the question, the Chair will put thequestion to a vote. No further discussion is permitted once the Chairindicates that he or she is putting the question to a vote. In addition, thefollowing provisions shall apply;

Friendly amendments: An amendment to a motion may be made by themover and seconder during the course of debate without a formal motionto amend, provided no member objects.

A motion may be withdrawn with the consent of the mover and seconder.

A motion to refer to a Committee or staff before the question is decidedshall preclude any further amendment of the main question.

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2.

h) Except in respect of a motion to amend, a motion properly before Councilfor decision must receive disposition before any other main motion will bereceived.

A formal motion to amend:

i. Shall be presented in writing;ii. Shall be directly germane to the question to be received; andiii. May not propose a direct negative to the question.

a) In the event that the majority of Council determines they would prefernot to vote on a matter at that time, the Chair will mark the motion“Deferred” and the said motion shall appear as an item of business on thenext subsequent agenda or such identified subsequent agenda as Councilshall otherwise direct.

b) In the alternative, but with the concurrence of Council, the Chair willmark the matter as being “referred” where it is the will of the majority tohave the matter sent to a committee, staff or consultant. Council in sucha case may identify a date upon which the matter is to come back beforeit.

c) Items that are deferred, then subsequently considered after coming backto Council, but which do not receive disposition after appearing on asubsequent agenda shall, unless Council should otherwise direct, to beremoved from further discussion.

cl) A motion to rescind any specific resolution may only be moved onceduring a term of Council.

e) Except with the consent of the majority of the members of Council, adefeated motion may only be brought forward for reconsideration onceduring the meeting in which it was considered.

. By-Laws

a) By-laws shall not be enacted until any and all prevailing statutoryprovisions, such as notice, have been satisfied.

b) All proposed by-laws shall be formed on the basis of recommendation(s)from Committee of the Whole unless otherwise legislated, or deemed tobe of an urgent nature by the majority of Council.

c) The proposed by-law will be placed on the next Agenda for approval.

d) Any recommendations from Committee of the Whole must be included inthe Consent Agenda for the next meeting.

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e) If a member wishes to debate a by—|aw further, he/she shall advise theChair accordingly. Debate, according to established procedures, willoccur immediately before the motion to adopt is voted upon. Themembership retains the privilege of referring a proposed by-law back toCommittee of the Whole for further revision or discussions.

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SCHEDULE GCONDUCT OF DEBATE

1. General

a) Every member previous to speaking to any question or motion, shall seekand be granted recognition from the Chair.

b) When two or more members wish to speak, the Chair shall designate themember who has the floor.

c) When a motion is under debate, a member may ask a concisely wordedquestion of another member or of a Staff member through the Chair priorto a Motion being out to a vote by the Chair.

d) In every case, decorum and respect for speakers, members, and staffshall be practiced and promoted.

2. State Facts and Position in Council

a) The Chair may provide information, points of clarification, corrections oferrors, responses to questions and state his/her position on any matterbefore the meeting without leaving the Chair. However, the Chair in thecourse of debating any question must, after debating a matter, allowevery other member of Council an opportunity to provide input beforeagain entering the debate, and the Chair may not, without leave of themajority of the members of a meeting, speak more often or for more timethan that which is allotted as of right to a member elsewhere in this by-law.

b) Any member may as of right, require the question or motion underdiscussion to be read for information at any time during the debate butnot so as to interrupt a member while speaking to the question.

3. Informal Consideration

a) A member may introduce a motion to discuss a matter informally. If themotion to consider a matter informally passes, the Chair shall relax therules of debate and members may discuss the matter informally untilsuch time as a motion to cease informal discussions is passed, or until amain motion is introduced.

4. Leaving the Chair

a) If the Chair for any reason does not wish to sit as Chair for a particularmatter, he shall call on one of the members willing to do so to take hisplace until debate and any vote on the matter has been concluded. Amember who has not taken part in the debate, or who does not wish toenter into the debate, will be the preferred choice to take the Chair

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5. Voting In Council or Committee

a) Every member that does not have a pecuniary interest may vote on amatter. For members who are present but who have not declared apecuniary interest but who decline or purport to decline to vote, theirvote shall be deemed to be a negative vote.

b) Except in the case of a recorded vote, voting shall be done by show ofhands.

c) If any member requests a recorded vote, the names of those who votefor or against a question shall be entered in the minutes, in alphabeticalorder. The first member who requests a recorded vote will be the first tobe polled and thereafter the eligible members shall vote in alphabeticalorder.

d) A recorded vote may be asked for at any time during the debate andimmediately after the vote is taken, but before the next item of businesscommences.

e) Any question on which there is an tied vote, shall be declared to benegative and fail to carry.

f) A recorded vote may only be taken in Council or in COW.

g) Except as provided in the Act, no vote shall be taken by ballot or by anyother method of secret voting, and every vote so taken is of no effect.

6. Points of Order

a) The Chair shall preside over the conduct of the meeting including thepreservation of good order and decorum, ruling on points of order anddeciding all questions relating to the orderly procedure of the Meeting.

b) Any ruling by the Chair on a point of order may be over—ru|ed by majorityvote of the members present, or for the requirements of any Provincialstatute to be met.

7. Further matters of Decorum

a) No member shall use offensive words or unparliamentary language in oragainst the Council or against any member, speak on any subject otherthan the subject in debate, or disrupt the Council by any disorderlyconduct.

b) A Member shall not leave his or her seat or make any noise ordisturbance while a vote is being taken or until the vote is declared.

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C)

d)

8)

A Member shall ensure that all his communication devices, such as cellphones, androids, or blackberry, be turned to silent mode and kept out ofview during the meeting.

A Member shall not disobey the rules of the Council or a decision of theChair or of the Council on points of order or on the interpretation of therules of the procedure of the Council.

. Response to Disruptive Conduct

It shall be the duty of the Chair to adjourn the meeting without thequestion being put, or to suspend or recess the sitting for a time to benamed, if the Chair considers it necessary because of disruptive behaviorarising in the meeting.

b) The Chair may call to order a member who breaches the Rules of this by-

d)

law. In the event a member persists in a breach of these Rules, the Chairshall put the question to other members of Council, “Shall the member beordered to leave his/her seat for the duration of the Meeting?” and suchquestion is not debatable.

In the event such an order is forthcoming, the Chair shall order theMember to leave his/her seat for the duration of the meeting. Should theoffender refuse to leave the Meeting when requested to do so, the Chairis to adjourn the meeting and arrange for police assistance.

Should police assistance be required, the Chair will also order theoffending member not to return to the Council Chambers or any othermeeting location or to the Municipal Building for the duration of the dayand, should such offending member subsequently violate that order afterleaving or being removed, the offending member will then be found tohave breached this by-law and will be considered to be a trespasser, andthe police will be contacted for assistance accordingly.

Should the member apologize, the Chair, with the approval ofCouncil, will permit the member to resume his seat.

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SCHEDULE HAGENDAS

1. Council Information Package — Preparation and Distribution

a) The Council Information Package will contain copies of correspondenceand records from the public, organizations, committees or township staff.They will be provided to members of Council and posted on the TownshipWebsite weekly. Each package is to be distributed every Friday afternoonvia e-mail. Members of Council may refer any matter on the CouncilCorrespondence Package to Council, the Committee of the Whole, eitherfor information, action or response, but will specify their request via e-mail to the Clerk prior to the existing agenda item deadline set formembers of Council.

b) Council Information Packages are distributed every week to Council andthe Senior Management Team and are placed on the Township's websitefor public viewing. The CIP shall include, but not be exclusive to thefollowing items:

- correspondence from the Association of Municipalities of Ontario- District of Muskoka communications, including press releases and

newslettersO.P.P new releasesresolutions from other municipalitiesminutes from Boards and Advisory Committeesother information items as deemed by the Clerkinformation memos from staff regarding upcoming by-laws, publicnotices, road closurestenders, planning notices, notices to residents

- letters addressed to other agencies but copied to Council- thank you letters/acknowledgement letters/invitations

2. Council and Committee Agenda Preparation

a)

b)

The Clerk or his/her delegate shall distribute an agenda three (3)business days before Council or COW meetings (Wednesday at 12:00p.m. prior to a Monday meeting). A supplementary agenda may bedistributed one (1) business day before the Council or COW Meeting. TheSupplementary agenda procedures are noted below in section 3.

In order to have a matter placed on the Agenda, Councillors orCommittee members, wishing to submit items for inclusion on the agendaare required to have their submissions to the Clerk, or designate, by noonhour, six (6) business days (*Friday 12:00 p.m. for a Monday 9:00 a.m.meeting) preceding the regular meeting date. Items that are notreceived by the cut off time shall be placed on the next available agenda.A matter not listed on the agenda may be added as an item of NewBusiness providing it is approved during the adoption of the agenda.

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c) Items provided by Councillors or Committee members will appear on theagenda in the order in which they are received by the Clerk; however, ifmore than two items are received from one member, the remaining itemswill be listed sequentially in groups of two to accommodate theopportunity for other members to have their items heard.

d) Subject to the discretion of the Clerk, matters not reached prior toadjournment shall take priority over new matters at the following regularmeeting.

e) Every agenda item submitted by staff or members will be accompanied bya report which will, if possible, include materials to be distributed orpresented in the meeting. At a minimum, the report will include a briefdescription of the purpose and effect of the report and what additionalinformation is pending and why.

f) Closed Session items will not appear on a separate agenda, but theattachments for each item will be saved within a secure databaseaccessible by only the CA0, Clerk and members of Council.

3. Supplementary Agenda Items

a) Items for inclusion on a Supplementary Agenda shall be of a timesensitive or urgent nature subject to approval by the Mayor and C.A.O.These items must be received by the Clerk no later than 12:00 p.m. three(3) business days (*Wednesday at 12:00 p.m. before a Monday 9:00a.m. meeting).

b) The supplementary agenda shall be posted on-line one (1) business daybefore the meeting (*Friday at 9:00 a.m. for a Monday at 9:00 a.m.meeting. Acknowledgement of a Supplementary Agenda shall beannounced to the public at the start of the regular meeting. Copies of theSupplementary Agendas will be made available at the start of themeeting. No items that require a public meeting or notice provisions shallbe included on a supplementary agenda.

* Denotes Regularly Anticipated Agenda Deadlines

4. Council Agenda Order and Headings

a) Call to Order

b) Declaration of Pecuniary Interest

c) Closed Session of Council (if required)

cl) Deputation (at the request of Council)

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e) Public Meetings (Municipal Act/P/anning /-lct) By-laws to be consideredimmediately following the close of the public meetings.

1‘) Adoption of Consent Agenda

i. Council/Committee of the Whole minutes for review/ Committee of theWhole Recommendations/Resolutions

ii. Local board and committee minutes received for information

iii. Routine departmental reports for information (including tenders)

iv. Correspondence summary and disposition

v. Items deferred to future agenda(s)

g) Adoption of Regular Agenda

h) Communications from Mayor and Council

i) Communications from CAO

j) Business remaining from previous meetings

k) New Business

I) Supplementary Agenda items

m)By-Laws (Recommended by Committee of the Whole)

n) Closed Session Items (If not completed in the morning)

0) Matters arising from Closed Session

p) Confirming By-Law

q) Adjournment

5. Committee of the Whole Agenda Order and Headings

a) Call to Order

b) Declaration of Pecuniary Interest

c) Delegations

d) Adoption of Agenda

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e) Administrationa. Open Forum (after reports)

f) Financial Services

g) Development Services

h) Operations

i) Protection Services

j) New Business

k) Adjournment

Note:

Items added to the agenda under New Business must have a Committeedetermination as to disposition; i.e. deal with matter fully, defer to staff formore information, decline to proceed with matter.

. The business of Council shall be considered in the order set forth on theagenda provided, however, the Head of Council, with approval of themajority of the members in attendance, may vary the order of business toaccommodate matters before Council in the interest of time or expediency.

. Except as otherwise decided by a majority vote of the members present,Council shall not consider any report, or any other matter, that has not beenincluded on the agenda.

. Council may adjourn temporarily when it deems expedient;

. Council and Committee of the Whole will adjourn for the day no later than4:30 pm. and the extension may only take place with majority consent.

. No meeting may extend beyond 6:00 pm. except with the unanimousconsent of members present.

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SCHEDULE 1DELEGATIONS

. Unless a delegation is deemed to be time sensitive by the Clerk or CAO, alldelegations will appear before Committee of the Whole.

. Delegations in regards to matters that have already had or will have a PublicMeeting process (i.e. Planning applications) are not permitted as there isalready a public forum for these matters.

. A delegation may include visual aids providing that where such visual aidsrequire the use of municipal equipment, arrangements have been made withthe Clerk at least two (2) business days prior to the meeting.

. A delegation shall be limited to 10 minutes maximum regardless of thenumber of presenters.

. The Clerk shall advise the meeting chair once the time allotted for thedelegation has expired. The Chair shall so inform the presenters and thepresenters shall immediately cease the delegation.

. Delegations may be followed by questions to the presenter(s) by members.A motion shall not be introduced at the time of delegation.

. When a request to appear is received after the agenda has been set or whenthe agenda already includes three delegations, the Clerk may schedule thedelegation for a future meeting. In the event that the matter is of a timesensitive nature, the Clerk may poll the members of a meeting to add anadditional delegation, which will be decided by majority consent.

. Any person, or group, or member(s) of a group requires approval by themajority of Council or Committee in order to delegate more than twice onthe same topic within a twelve month period. Any second and/or subsequentdelegation will be limited to providing new information only.

. If an advisory group or committee has been formed for a specific purpose,potential delegates shall be required to present before that committee oradvisory group before being afforded presentation time before Committee ofthe Whole or Council.

10.With the majority support of the members in attendance at the meeting, themeeting chair may deny a request for a delegation, or suspend a delegation,which is deemed to be frivolous or vexatious, or fails to comply withProcedural By—law requirements.

11.Those who make frequent presentations to Council (District of Muskoka,OPP, Water Quality reports, etc.) will be placed under the appropriateDepartment rather than Delegation / Deputation.

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SCHEDULE JRECORDING EQUIPMENT

1. The Township records all Council (except Closed Session) and Committee ofthe Whole meetings. They stream live online and are available to watch onthe Township's YouTube Channelhttps://www.voutube.com/channel/UCxpvt7SEPAhfxceMQtTSEfg. Presentersand members of the gallery are advised that the microphone and camera areplaced at the rear of Council Chambers and conversations taking place withinthe gallery will be recorded and become part of the public record.

2. Recording equipment may be used by members of the public and the press(except at closed sessions), subject to consent from Council, which consentshall not be denied unless the use of such equipment would cause unduedisruption or would unnecessarily impede the ability of the public to attend.Recordings done by a third party shall not under any circumstances bedeemed official records of the Municipality.

3. Council or Committee shall pass a resolution in Open Session, acknowledgingthat the meeting is being recorded in accordance with required PrivacyLegislation.

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SCHEDULE KFURTHER CLARIFICATION OF CERTAIN ROLES

1. Role of the Mayor

a) It is the further role of the Mayor as the Head of Council:to act as Chief Executive Officer of the municipality;to preside over Council meetings so that its business can be carriedout efficiently and effectively to provide leadership to Council;to represent the municipality at official functions;

iv. to carry out the duties of the Head of Council under any Act; andV. to provide overall leadership to the Community Control Group in

responding to an emergency as detailed in the Emergency ResponsePlan for the Township of Georgian Bay.

b) As Chief Executive Officer of the Township, the Head of Council shall:uphold and promote the purposes of the municipalitypromote public involvement in the Townships activities

2. Role of Council

a) It is the role of Council:

ii.iii.

.to ensure that administrative policies, practices and procedures and

vi.

to represent the public and consider the well-being and interests of theTownship;to develop and evaluate the policies and programs of the Township;to determine which services the Township provides;

controllership policies, practices and procedures are in place toimplement the decision of council;

. to ensure the accountability and transparency of the operations of theTownship including the activities of the seniorTownship;to maintain the financial integrity of the Township; and

management of the

vii.to carry out the duties of Council under any Act.

3. Role of the CA0

a) The Chief Administrative Officer is responsible for:exercising general control and management of the affairs of themunicipality for the purpose of ensuring the efficient and effectiveoperation of the municipality; andperforming such other duties as are assigned by the municipality.

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SCHEDULE LCOMMITFEE OF THE WHOLE

Refer to Schedule H - Agendas for Committee of the Whole Agendaprocesses.

Open Forum

1. The “Open Forum” section of the agenda allows for comments from thepublic relating to a matter within Council or a Committee's jurisdiction.Open Forum shall last no longer than ten (10) minutes. The length of timeeach individual has to address Committee shall be at the discretion of theChair. All comments are to be addressed through the Chairperson.

2. Individuals shall sign the “Open Forum Register” prior to being permitted tospeak during the Open Forum. Comments made during the Open Forum willnot form part of the Minutes of the Meeting. No motions shall be madebecause of comments made during Open Forum. Members and staff shall notengage in debate during Open Forum.

If Committee of the Whole deems that an action or investigation should beundertaken as a result of any discussions during the Open Forum, Staff shallbe directed, via resolution, to report on same at the next Committee of theWhole meeting.

3. During Open Forum, member(s) of the public shall at all times:

a) speak respectfully when addressing any member(s) of committee;

b) use proper language and refrain from using any derogatory, defamatoryor profane language;

c) obey the rules of procedure or a decision of the Chair;

d) refrain from speaking to Committee about matters involving current orpending litigation; insurance claims; personnel matters;

e) refrain from discussing matters beyond the jurisdiction of Council orCommittee, or contrary to MFIPPA.

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