Loading...
86-32 ,- COUNTY OF ELGI N By-Law No. 86-32 "TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF THE CORPORA nON OF THE COUNTY OF ELGIN AND THE OFFICERS AND " COMMITTEES THEREOF." WHEREAS it is expedient to regulate the proceedings in Council and in Committees of the same, and the Officers of the Corporation of the County of Elgin, and "to amend and con- solidate all other By-Laws rel,ating to the proceedings in Council. THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: PROCEEDINGS IN COUNCIL I MEETINGS AND ADJOURNMENT OF COUNCIL 1. In all the proceedings had or taken in the Municipal Council of the Corporation of the County of Elgin, the follow- ing rules and regulations shall be observed, and shall be the rules and regulations for the order and despatch of business in the s,aid Council, and of the Committees of the said Council. 2. The first meeting of Council, after a ~egular elec- tion and the first meeting of each subsequent year of its term, shall be held at the hour of two o'clock in the afternoon on the second Wednesday in December, and for every other day or sitting in the Session, such hour shall be regulated at the prex.ious ' adj ournmen t . 3 . Unless there shall be a quorum present in half an hour after the time appointed for the meeting of Council, the Council shall then stand absolutely adjourned until the next regular hour of meeting, and the Clerk or Deputy Clerk shall, if required by two Members, take down the names of the Members present at the expiration of such half hour. 4. The Council shall always adjourn at the hours of twelve o'clock, noon, and six o'clock, afternoon, if in session at these hours, unless otherwise determined by a resolution. S. The Council shall always adjourn at the hour of ten o'clock, evening, if in session at that hour, unless otherwise determined by a resolution. 6. The members of the Council shall not leave their places on adjourment, until the Warden or other Presiding Officer leaves the Chair. II ORDER OF PROCEEDINGS IN COUNCIL 1. As soon after the hour of meeting as there shall be a quorum present, the Warden shall take the Chair and members present shall be called to order. 2. In case the Warden shall not be in attendance, the Clerk or Deputy Clerk shall call the meeting to order, until a Chairman shall be chosen, and the member so chosen to preside shall take the Chair during the absence of the Warden, but at the meeting only at which the member has been so chosen 16. When a member arrives after the roll call has been taken and Council is in Session, he will approach the dais where the Warden or other Presiding Officer is seated and be recognized, before proceeding to his Seat 15. Questions under the proper order of the day may be put to the Warden or other Presiding Officer, or through him any member of the Council, relating to any motion, or other matter connected with the business of the Councilor the affairs of the County, but no argument or opinion is to be offered, nor any facts stated, except so far as may be neces- sary to explain the same; and in answering any such questions member is not to debate the matter to which the same refers 14. Upon a division of any question before the Councilor any Committee thereof, except Committee Of The Whole, and if required by any member of Councilor the Committee, the names of those voting on the matter before the Councilor the Committee shall be recorded YEA and NAY as the members vote on the question. All members present during a division must vote to a 13. After a motion is passed, or a report adopted, no motion to alter or amend the same shall be considered during the same Session of Council, unless the motion to alter or amend is moved and seconded by two members from among those voted with the majority that carried said motion or report who 12. question speak to No member shall speak more than once on the same until all other members have had the opportunity the question to 11 Any member may require the question or motion under discussion to be read at any time during the debate, but not as to interrupt a member while speaking so 10 9. in No member No member shall smoke or partake of food or beverage the Council Chamber while Council is in Session. shall speak beside the question in debate 8 No member shall speak disrespectfully of The Reigning Monarch, nor of any of the Royal Family, nor of the Governor- General, Lieutenant-Governor, or other person administering the Government of Canada, or of this Province; nor shall he use offensive words against this Council, or against any member thereof 7. Any member called to order shall at once sit down, unless permitted to explain, and the ruling of the Warden or other Presiding Officer shall be final, unless otherwise decided by the Council on an appeal from such ruling pass leave ing to manner object 6. the nor When the Warden or other Presiding Officer is putting question, no member shall walk across or out of the room, interrupt the speaker, except to a question of order, nor between the speaker and the Chair, and no Councillor shall his place during the sitting of the Council without turn- the Chair as he retires, and making a bow in such a as that any member present may have an opportunity to to the absence of such retiring member 5 . shall name When two or more members rise at once the member who is to speak first the Warden 4. Every member, previous to his speaking to any ques- tion or motion, shall rise from his seat and address himself the Warden or other Presiding Officer to 3. Immediately after the Warden or other.Presiding Officer shall have taken his seat at the first day of each Session, the minutes of the preceding Session as mailed to each member shall be adopted as read or amended and shall be signed by the Warden and Clerk or Deputy Clerk -:;,. - -- 2 "!,I. "-'"""". ',,:t¡'~, ":';J~j,:" 17. In addressing the Warden or any Member of Council their proper title will be used at all times. 18. At any time when a vote, taken by a show of hands, is unclear as to the outcome, the Warden or other Presiding Officer may request members to stand to indicate their YEA or NAY. 19. Upon a tie vote on any question, by a show of hands, a recorded vote shall then be taken. 20. Upon a tie recorded vote the question shall be con- sidered a defeated motion. III ORDERS OF THE DAY 1. The Clerk or the Deputy Clerk shall have prepared for the use of the members the general order of the day, containing: Regular Session 1st Roll Call 2nd Adoption of Minutes 3rd Referring Communications 4th Presenting Petitions and Delegations 5th Inquiries by Members or Giving Notice 6th Reports of Committees and Officials 7th Unfinished Business 8th New Business 9th Council Correspondence 10th Committee Of The Whole 11th Consideration of By-Laws 12th Adjournment. Inaugural Session 1st Roll Call 2hd Resolution on Procedure to Eléct Warden 3rd Election of Warden (I ) Prospective Candidates to Speak (2 ) Proceed with Election (Ballot - Resolution) 4th Signing of Declaration of Office and Oath of Allegiance 5th Gowning 6th Presentation by Past Warden Chain of Office Lord Elgin Watch Gavel of Office 7th Warden's Address 8th Adoption of Minutes 9th Consideration of By-Laws 10th Warden to Appoint Special Committee to Strike the Standing Committees (Four Members) 11th Other Business 12th Adjournment. 2. The business shall¡ in all cases, be taken up in the way in which it stands upon the Orders Of The Day, unless other- wise determined by a vote of a majority of the members present taken without debate thereon. 3. All motions shall be in writing, except to dispose of reports or communications, or to refer to Committees, and shall be seconded before being debated or put to vote; and all motions shall be read and shall then be conveyed to the Warden, who may again read the same.. 4. After a motion has been received by the Warden or other Presiding Officer, it shall be deemed to be in possession of the Council, but may be withdrawn at any time by consent of a majority of the members present. 5 . A motion to refer the main motion to a Committee shalJ_ preclude all amendment of the main question until decided ,tw" - ;~ " /i 4 6. A motion to adjourn shall- always be in order unless a vote is being taken. 7. All amendments shall be put in the reverse order in which they are moved; and every amendment submitted shall be reduced to writing, and be decided upon or withdrawn before the main question is put to vote. 8. There shall not be more than two (2 ) amendments to the main question. 9. Not more than one amendment shall be allowed to either amendment. 10. After any question is finally put to vote by the Warden or other Presiding Officer, no member shall speak to the question, nor shall any other motion be made until after the result is declared. 11. Whenever the Warden or other Presiding Officer is of the opinion that a motion offered to the Council is contrary to law, or the rules and privileges of the Council, he shall apprize the members thereof immediately. 12. Members shall always take their places when any divi- sion is called. 13. When the Warden or other Presiding Officer is called on to decide a point of order or practice, he shall state the rule or authority applicable to the case. IV ORDER OF PROCEEDINGS IN COMMITTEE OF THE WHOLE 1. Whenever it shall be moved and carried that the Council go into a Committee Of The Whole, the Warden or other Presiding Officer shall leave the Chair, and shall appoint a Chairman of Committee Of The Whole, who shall maintain order in the Committee, and who shall report the proceedings of the Committee. 2. The rules of the Council shall be observed in Committee Of The Whole, so far as may be applicable. 3. Questions of order arising in Committee Of The Whole shall be decided by the Chairman, subject to an appeal to the Council, and if any sudden disorder should arise in the Committee, the Warden or other Presiding Officer will resume the Chair, without any question being put. 4. On motion in Committee Of The Whole to rise and report, the question shall be decided without debate. 5. The only motions allowed in Committee Of The Whole are: (1 ) motion to rise without reporting ( 2 ) motion to rise and report ( 3 ) motion that the Chairman leave the Chair and no debate shall be allowed. V READING OF BY-LAWS AND PROCEEDINGS THEREON 1. Every by-law shall be introduced by the Clerk or Deputy Clerk and shall be authorized by a Committee or Council 2 . When a by-law is read in the Council, the Clerk or Deputy Clerk shall certify the readings on the back thereof. After by-laws have passed, he shall be responsible for their corrections should they be amended 1st 2nd 3rd 4th 5th 6th 7th 8th 9th Agricultural Property County Government Social Services Homes for Senior Citizens County Roads Personnel Reception and Entertainment Library 3 There shall be annually appointed, at the first meet- ing of each Council, the following Committees which shall compose the Standing Committees of the Council for the year 2. A majority of the number of members composing any Standing or Select Committee, shall be a quorum to do business 1. The Warden shall appoint a Committee of four members of Council to Strike the Standing Committees for the year and appoint representatives to various boards. The Warden shall be, ex-officio, a member of all the Standing Committees, and is considered to be one of the number shown to be on each of the Committees ORGANIZATION OF COMMITTEES VII 4. Any person or group of persons, wishing to address County Council, shall be required to make the necessary arrange- ments through the County Clerk, at least eight (8) days prior to the date of the Council Session. Written briefs shall be provided so that sufficient time will permit distribution to the members of Council, prior to the said Session 3. All petitions or other written communications received prior to Council on any subject within the cognizance of any Standing Committee shall, on presentation, be referred to the proper Committee by resolution and any matters arising subse- quently shall be referred by the Warden without any motion; and no member shall speak upon, nor shall any debate be allowed on the presentation of any petitions or other communication to the Council; but any member may move that in referring said petition or other communication certain instructions may be given by the Council, or that the said petition or communication complain of some present personal grievance, requiring immediate remedy, the matter contained therein may be brought into immediate discus- sion and disposed of forthwith 2. Every member presenting any petition, protest, or other written application to the Council, s~all examine the same, and shall be answerable that they contain only relevant or proper matter, and that the same is respectful and temperate in its language; he shall also endorse thereon the name of the applicant and the substance of such application, and sign his name thereto, which endorsement only shall be read by the Clerk, unless a member shall require the reading of the paper, in which case the whole shall be read 1. Every petition intended to be presented or printed on paper and protest, or other written application to the Council, must be legibly written signed by at least one person 4 ings PETITIONS AND COMMUNICATIONS All by-laws of the Council VI adopted 3. The question: "That By-Law No. .. time", shall be decided without amendment or be read a second time before it is committed time before it is signed by the Warden 5 shall be printed in ... be read, a first debate, and shall and read a third ~, the proceed- ""(f "rA- ""},\,' 11 :';" , ~, 6 4. Each Standing Committee of the Council, except where otherwise specially provided, shall consist of such members of the Council, not exceeding one member from each municipality, excluding the municipality represented by the Warden, as the Council shall name as aforesaid. 5. The members of each Standing Committee shall, at their first meeting, elect a Chairman from among themselves, and as soon as such Chairman has been elected, the time of the future regular meetings of the Committee shall be determined by the members thereof, and also the hour at which each of such meetings shall be held. 6. The time and place of meetings of Committees during Sessions of Council shall be arranged with the Clerk or Deputy Clerk by the Chairman, and in his absence by the Clerk or Deputy Clerk. 7. Special meetings of Committees may be called by the Chairman whenever he shall consider it necessary to do so, and it shall be the duty of the Chairman, or in his absence the Clerk or Deputy Clerk of the Council, to summon a special meet- ing of Committee whenever requested in writing to do so by a majority of the members of the Committee. 8. Members of the Council may attend the meetings of any of the Committees, and shall not be allowed to vote nor take any part in the discussion or debate, unless requested to do so by the Chairman. VIII COMMITTEE MEETINGS 1. The business of the respective Standing and Select Committees shall be conducted under the following regulations (a) The Chairman shall sign all such orders and doc- uments as the Committee may legally order. (b) In his absence, one of the other members shall be elected to preside, who shall discharge the duties of the Chairman for the meeting until the arrival of the Chairman. (c) No order or authority to take action in any matter shall be recognized as emanating from any Committee unless it is in writing, and unless it is signed by the Chairman, or Acting Chairman. IX DUTIES OF COMMITTEES 1. The general duties of all the Standing and Select Committees of the Council shall be as follows: a To report to the Council from time to time, whenever desired by the Council, and as often as the interests of the County may require, on all matters connected with the duties imposed on them respectively, and to recommend such action by the Council in relation thereto as may be deemed necessary. b To cause to be prepared and introduce into the Council, all such by-laws as may be necessary to give effect to the reports or recommendations of the respective Committees that are adopted by the Council. c To consider and report respectively on any and all matters referred to them by the Councilor Warden, the Chairman signing such report and bringing up the same I -' ;',r' ~, -- ''',,^, - 7 X AGRICULTURAL COMMITTEE 1. The Agricultural Committee shall be composed of all the rural Reeves, plus one representative from an urban munici- pality. 2. To oversee work carried on by the Weed Inspector and Tree Commissioner. 3. To act on all matters referred by the Warden or Council. XI PROPERTY COMMITTEE 1. The Property Committee shall be composed of five ( 5 ) members. 2 . It shall be the duty of the Property Committee to consider and report on all affairs in connection with the repairing, purchasing, leasing or selling of County property, exclusive of property bought for road purposes. 3. To regulate and have supervision of all matters connected with all grounds and buildings belonging to the County except the Homes for Senior Citizens and the property and buildings used by the Roads Department. The Committee to be authorized to approve and pass all accounts in connection with above and issue orders on the County Treasurer for payment of same. XII COUNTY GOVERNMENT COMMITTEE 1. The County Government Committee shall be composed of eight ( 8 ) members. 2 . It shall be their duty to consider and make recommen- dations to the County Council of all proposed changes affecting the present functions of County Council. 3. To make recommendations with regard to remuneration, convention and mileage rates of County Councillors, Committee Members and the Warden. 4. To study and make recommendations with respect to all proposed restructuring of local government within the County. 5. To study and make recommendations with respect to industrial, recreational, tourism and Planning matters. XIII SOCIAL SERVICES COMMITTEE 1. The Social Services Committee shall bé composed of five ( 5 ) members. 2. It shall be their duty to regulate and have supervi- sion of all matters connected with the Department of Social Services and other related Social Services. XIV HOMES FOR SENIOR CITIZENS COMMITTEE 1. The Homes for Senior Citizens Committee shall be composed of six (6 ) members (including the Warden ex-officio) all of whom shall be entitled to vote on all matters, and one ( 1 ) advisory member, who shall have no voting privileges I I I :1 I, " : , I 3. To be each meeting of 2 To be responsible for and to make all the necessary arrangements for the annual Warden's Banquet 1 The Reception and Entertainment composed of ten (10) members RECEPTION AND ENTERTAINMENT COMMITTEE responsible for arranging for meals County Council Committee etc shall be for XVII 7. To make recommendations to the Elgin County Council with respect to any of the above duties 6. To study and recommend to County Council all reclas- sifications of personnel, changes in fringe benefits, mileage rates, etc. of non-union or non-association employees 5. To advertise for, and interview applicants for the position of Head of a Department or his/her assistant or deputy 4. To designate the negotiating committee, with power to add a~visory people, when negotiating an agreement with a Union or AsSociation repesenting employees of the County of Elgin 3. they are agreement To set up a salary schedule for new positions when created and not covered by a Union or Association 2. It shall be their duty to review from time to time and at least once each year the salaries, salary schedules and fringe benefits related to employees who are not covered by a Union or Association agreement 1. members The Personnel Committee shall be composed of five 5 PERSONNEL COMMITTEE XVI 3. The Chairman or intendent may authorize in total of $3,000.00 for emergency between Roads Committee meetings Warden and the County Road Super- writing, a payment, not exceeding a reasons, where necessary 2 It shall be the duty of the County Roads Committee co-operate with and direct the County Road Superintendent in the construction and maintenance of county roads and bridges The disbursement of all moneys pertaining to the county road system shall be made by the County Treasurer, only on the certificate of the County Roads Superintendent, approved by County Roads Committee, as certified under the hand of the Chairman thereof the to Five Two One One ( ( ( ( 5 2 1 1 ) ) ) ) rural voting members rural advisory members urban voting member urban advisory member 1. following The Roads Committee shall be composed of the COUNTY ROADS COMMITTEE 2. .It shall be Committee to regulate nected with Homes for approve and pass all for payment of same ..,".N.- .. xv the duty of 'the Homes for Senior èitizens and have supervision of all matters con- Senior Citizens and be authorized to accounts and issue orders on the Treasurer -~';¡;.--'--' . ,/ - 8 ..~ ..-:., -'~,,-~ .--'" ,._~ '''''11; ,~ - 9 - 4 . To arrange, when required, any func,tioD involving entertainment etc. for the County. XVIII LIBRARY COMMITTEE 1. The Library Committee shall be composed of five ( 5 members. 2 . It shall be the duty of the Library Committee to regulate and have supervision of all matters connected with the County Library System. 3. The disbursement of all monies pertaining to the County Library System shall be made by the County Treasurer, only on the authorization of the Library Committee and certi- fied under the hand of the Chairman. XIX APPOINTMENT AND DUTIES OF OFFICERS OF THE CORPORATION The duties of the various Officers of the Corpora- tion, in addition to those prescribed by law, or any by-law or resolution of the Council, shall be as follows: XX TREASURER AND/OR DEPUTY TREASURER 1. The Treasurer shall be the Head of the Financial Department of the Corporation, and shall be the principal officer and adviser of the Corporation, in all matters relating to the monetary and financial operations of the County, and especially with regard to its debt and the estimates to be pre- pared annually for providing the ways and means for protecting the same I and meeting the annual expenditure, with a careful regard to the maintenance of the County credit. 2. The security of the Treasurer, as required by law, shall be by fidelity bond of any good and sufficient Company or Association duly incorporated for granting bonds of suretyship for parties holding positions of trust, and as to the amount of the same and all other particulars, shall be subject to the approval of Council. 3. He shall be the custodian of all titles and evidence of titles, deeds, insurance policies, mortgages I leasesl bonds agreements, or other instruments relating to the property and rentals of the County, and shall only allow the same to be taken from his office on the order of the Councilor on the requisition and receipt of the County Clerk, or the Deputy Clerk, or the County Solicitor, for use in any legal procedure or on the order to produce of any Court of Law or equity. 4. He shall be guided in the payments and disbursements of his office by the By-laws, Rules and Regulations of the Corporation with regard to the passing and verification of accounts by the several Committees, and he shall generally superintend the transactions of his department. 5. The accounts and transactions of his department shall be subject to an audit by the County Auditors as the Council may direct, who shall prepare the Annual Detailed Audit in accordance with the requirements of the appropriate Ministry. 6. The normal channel of communications for the Treasurer shall be through the County Government Committee to County Council 4" U"i:'··>" 'f:;,f,,',\, rn .., c,,, " " ""'''"p ·'~..-·'·'"'-.-w:s:...-...",,-:~ -;.1:'"ë'''',,_ - 20 ~ XXI COUNTY CLERK AND/OR DEPUTY CLERK 1. It shall be the duty of the County Clerk or Deputy Clerk to perform the duties required of him by statutory or other authority. 2. To notify each member of the Committees to which they are appointed under this By-Law, as soon as the appointment has been made, of the time and place at which the first meeting of the Committee will be held. 3 . To give notice to the members of the Council of all special meetings thereof; said notice to be mailed to each member at his residence or place of business. 4 . To have charge of the County Seal. S. To attend all meetings of committees when requested by Chairman, Acting Chairman or Warden, and act as Secretary thereof. 6. He shall be generally responsible for the care and proper maintenance of all buildings, including minor repairs, save and except those of the Homes for Senior Citizens, Museum and Roads Department. 7. To act as liaison between the Tree Commissioner/Weed Inspector and Council and be the person to whom he reports. 8. The normal channel of communications for the Clerk shall be through the County Government Committee to County Council. XXII COUNTY ENGINEER/ROAD SUPERINTENDENT 1. It shall be the duty of the County Engineer/Road Superintendent to be responsible for all maintenance and con- struction of the County Road System, in co-operation with and under the direction of the County Roads Committee and to act as Secretary at all meetings of the said Committee. 2. It shall be the duty of the County Engineer/Road Superintendent to carry out all duties requested of him by County Council. 3. He shall keep proper record of the classification of all employees of his department and any reclassif~cation or new classification must be done in consultation with the Personnel Committee. 4. He may authorize in writing the payment of any account which provides for a discount or a penalty, when the due date is prior to the next regular account payment date. XXIII THE COUNTY SOLICITORS 1. The person(s) appointed as solicitors shall attend to such duties and give such legal opinions as may be required by the Council, the Chairman of any Committee thereof, Clerk or Deputy Clerk, such opinions to be in writing if requested. 2. That it shall be the duty of all other officers of this Corporation to furnish the County Solicitor, upon request, with any documents, books, or papers, or copies of the same, in the custody or possession of such officers, and to give to the said Solicitor such other aid and asistance as he may require in the performance of the duties of the said office . ¡;- -~':'-li'.\""'...é'··"""",____-",,:_-"_..·~.":,"·:,,_ -..,.--_. '. - II - XXIV LABOUR RELATIONS OFFICER 1. The person appointed as Labour Relations Officer shall atte.nd to such duties and give such legal opinions as may be required by the Council, the Chairman of any Committee thereof, County Clerk or Deputy Clerk, such opinions to be in writing if requested. XXV MONEY APPROPRIATIONS, ACCOUNTS, EXPENDITURES, CONTRACTS AND IMPROVEMENTS 1. That no tenders be accepted on behalf of the Corpora- tion of the County of Elgin for any purpose unless such tender be accompanied by a certified cheque for such amount as the Committee having to do with the matter may determine. 2. No member of the Council shall have power to direct or interfere with the performance of any work for the Corpora- tion. XXVI GENERAL CLAUSES 1. No person shall be allowed to address Council during the sittings of the Council without the permission of the Warden or other Presiding Officer. 2. In all unprovided cases in the Proceedings of Council or in Committee, IIRobert's Rules of Order" shall be followed. 3 . Where the masculine words II he II or IIhisll are used throughout this by-law, it shall be interpreted to mean II she II or II her II in the event reference is made to a female person. That By-Laws No. 82-7 and 85-6 and all other By-Laws and Resolutions contrary to this By-Law be, and the same are hereby repealed. This By-Law to become effective upon passing. READ a first time this 21st day of May, 1986. READ a second time this 21st day of May, 1986. READ a third time and finally passed this 21st day of May 1986 ,~---,--,-A--<.-<_. /"'7-,,-v ~ G. C. Leverton F. Purcell Clerk. Warden -,~ H' ',,,,,~ /;"~'" \- ,