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90-30 COUNTY OF ELGIN By-Law No. 90-30 "TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF" WHEREAS it is expedient to regulate the proceedings in Council and in Committees of the same, and to amend and consoli- date all other By-Laws relating 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 following rules and regulations shall be observed, and shall be the rules and regulations for the order and despatch of business in the said Council, and of the Committees of the said Council. 2. The first meeting of Council, after a regular election 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 Tuesday in December, and for every other day or sitting in the Session, such hour shall be regulated at the previous adjournment. 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 Cler]~ 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. 5. 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 adjournment, 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 pre- sent 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 by resolution. 3. Immediately after the Warden or other Presiding Officer shall have taken his seat at the first day of each Session follow- ing the Roll Call, 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 4. 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 5 Every member, previous to his speaking to any question or motion, shall rise from his seat and address himself to the Warden or other Presiding Officer shall the Warden 6 When two or more members rise at once name the member who is to speak first 7. When the Warden or other Presiding Officer is putting the question, no member shall walk across or out of the room, nor interrupt the speaker, except to a question of order, nor pass between the speaker and the Chair, and no Councillor shall leave his place during the sitting of the Council without turning to the Chair as he retires, and making a bow in such a manner as that any member present may have an opportunity to object to the absence of such retiring member other the 8. Any member called to order shall at once sit down, unless permitted to explain, and the ruling of the Warden or Presiding Officer shall be final, unless otherwise decided by Council on an appeal from such ruling 9 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 offen- sive words against this Council, or against any member thereof. No member shall smoke or partake of food or beverages in Council Chamber while Council is in Session 10. the so as the question in debate 12 Any member may require the question or motion under discussion to be read at any time during the debate, but not to interrupt a member while speaking. shall speak beside No member 11 to 13 No member shall speak more than once on the same ques- tion, until all other members have had the opportunity to speak the question 14. 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 who voted with the majority that carried said motion or report 15 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. 16. Questions under the proper order of the day may be put to the Warden or other Presiding Officer, or through him to 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 necessary to explain the same; and in answering any such questions a member is not to debate the matter to which the same refers their In addressing the Warden or any Member of Council title will be used at all times 17 proper 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 a show of hands by a 3 19 Upon a tie vote on any question recorded vote shall then be taken shall be consid- the question 20 Upon a tie recorded vote ered 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 Roll Call Resolution on Procedure Election of Warden (1) Prospective Candidates to Speak (2) Proceed with Election ~Ballot - Signing of Declaration of Office and Gowning Presentation by Past Warden Chain of Office Lord Elgin Watch Gavel of Office Warden's Address Adoption of Minutes Consideration of By-Laws Warden to Appoint Special Committees (Four Members) Other Business Adjournment 1st 2nd 3rd Warden Resolution) Oath of Allegiance the Standing to Strike to Elect Committee 4th 5th 6th 7th 8th 9th 10th 11th 12th way shall, in all cases, be taken up in the the Orders Of The Day, unless otherwise a majority of the members present taken 2. The business in which it stands upon determined by a vote of without debate thereon 3 All motions shal.l 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 shall preclude all amendment of the main question until decided a be in order unless shall always to adjourn 6. A motion 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 4 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 unt il after the result is declared. II. 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 division 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 I. 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 I. 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. 3 . The question: "That By-Law No. .... . be read a first time II , shall be decided without amendment or debate, and shall be read a second time before it is committed, and read a third time before it is signed by the Warden. 4 . All by-laws adopted shall be printed in the proceedings of the Council 5 VI DELEGATIONS AND COMMUNICATIONS 1. Every petition, protest, or other written application intended to be presented to the Council, must be legibly written or printed on paper, and signed by at least one person, complete with their mailing address and telephone number. PETITIONS 2. Every member presenting any petition, protest, or other written application to the Council, shall 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 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 communications to 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 discussion and disposed of forthwith. 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 5 Once a delegation has addressed County Council on two occasions on the same issue, no further request will be enter- tained until written information is produced to Council and they agree that another visit is warranted. shall be limited to a maximum of twenty A delegation minutes 6. (20 copy with 7. The Clerk shall provide all individuals or groups, indicating that they wish to address County Council, with a of the appropriate section of the Procedural By-Law dealing delegations VII ORGANIZATION OF COMMITTEES 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 2. A majority of the number of members composing any Standing or Select Committee, shall be a quorum to do business 3. There shall be annually appointed, at the first meeting of each Council, the following Committees which shall compose the Standing Committees of the Council for the year Property and Agricultural County Government and Reception Social Services Homes for Senior Citizens County Roads Personnel Library. 1st 2nd 3rd 4th 5th 6th 7th 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, exclud- ing 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 qnd 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 meeting 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 The business of the respective Standing and Select shall be conducted under the following regulations 1. Committees as and documents The Chairman shall sign all such orders the Committee may legally order a one of the other members shall be elected shall discharge the duties of the Chairman until the arrival of the Chairman. In his absence, to preside, who for the meeting b 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 c IX DUTIES OF COMMITTEES The general duties of all the Standing and Select of the Council shall be as follows: 1. Committees 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. a introduce into the Council, to give effect to respective Commit- To cause to be prepared and all such by-laws as may be necessary the reports or recommendations of the tees that are adopted by the Council b 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 c 7 X PROPERTY AND AGRICULTURAL COMMITTEE 1 The Property and Agricultural Committee shall be com- posed of nine ( 9) members. 2. It shall be their duty 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. 4. To oversee work carried on by the Weed Inspector and Tree Commissioner. 5. To act on all matters referred by the Warden or Council. XI COUNTY GOVERNMENT AND RECEPTION COMMITTEE 1. The County Government and Reception Committee shall be composed of nine (9 ) members. 2 . It shall be their duty to consider and make recommenda- tions 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 indus- trial, recreational, . tourism and planning matters. 6. To be responsible for and to make all the necessary arrangements for the annual Warden's Banquet. 7. To be responsible for arranging for meals etc. for each meeting of County Council. 8. To arrange, when required, any function involving enter- tainment, etc. , for the County. XII SOCIAL SERVICES COMMITTEE 1. The Social Services Committee shall be composed of five (5 ) members. 2. It shall be their duty to regulate and have supervision of all matters connected with the Department of Social Services XIII HOMES FOR SENIOR CITIZENS COMMITTEE 1. The Homes for Senior Citizens Committee shall be com- posed of a Chairman, Warden and five (5 ) members for a total of seven (7 ) all of whom shall be entitled to vote on all matters. 8 2. It shall be the duty of the Homes for Senior Citizens Committee to regulate and have supervision of all matters connected with Homes for Senior Citizens and be authorized to approve and pass all accounts and issue orders on the Treasurer for payment of same. 3. The disbursement of all monies pertaining to Elgin Manor and/or Terrace Lodge shall be made by the County Treasurer, only on the certification of the Director/Administrator of the two Homes for Senior Citizens. This will be the authority for the County Treasurer to pay the said accounts listed, prior to being ratified by the Committee at a subsequent meeting. XIV COUNTY ROADS COMMITTEE 1. The Roads Committee shall be composed of ten (10) voting members made up as follows: Seven (7) rural members Three (3) urban members. 2. It shall be the duty of the County Roads Committee to co-operate with and direct the County Road Superintendent in the construction and maintenance of County roads and bridges. The disbursement of all monies pertaining to the County Road System shall be made by the County Treasurer, only on the certificate of the County Road Superintendent, or his Assistant in the absence of the County Road Superintendent, as certified under the hand of the Chairman thereof, or in his absence, the Acting Chairman or Warden This will be the authority for the County Treasurer to pay the said accounts listed, prior to being ratified by the Committee at a subsequent meeting. XV PERSONNEL COMMITTEE 1. The Personnel Committee shall be composed of five (5) members. 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. 3. To set up a salary schedule for new positions when they are created and not covered by a Union or Association agreement. 4. To designate the negotiating committee, with power to add advisory people, when negotiating an agreement with a Union or Association representing employees of the County of Elgin. 5. To advertise for, and interview applicants for the position of Head of a Department or his/her assistant or deputy. 6. To study and recommend to County Council all reclassifi- cations of personnel, changes in fringe benefits, mileage rates, etc. of non-union or non-association employees. 7. To make recommendations to the Elgin County Council with respect to any of the above duties. 8. The disbursement of all monies pertaining to the County Personnel Department shall be made by the County Treasurer, only on the certification of the Personnel Administrator or in his absence, the Chairman or the Warden 9 XVI COUNTY LIBRARY COMMITTEE The Library Committee 1 members 5 2. It shall be the duty of the Library Committee to regu- late and have supervision of all matters connected with the County Library System shall be composed of five 3. The disbursement of all monies pertaining to the County Library System shall be made by the County Treasurer, only on the certificate of the County Librarian or other person authorized by the Library Committee, in the absence of the County Librarian, and certified under the hand of the Chairman thereof, or in his absence the Acting Chairman or Warden. This will be the authority for the County Treasurer to pay the said accounts listed, prior to being ratified by the Committee at a subsequent meeting CONTRACTS XVII MONEY APPROPRIATIONS, ACCOUNTS, EXPENDITURES AND IMPROVEMENTS 1. That no tenders be accepted on behalf of the Corporation 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 or 2. No member of the Council shall have power to direct interfere with the performance of any work for the Corporation XVIII the GENERAL CLAUSES 1. No person shall be allowed to address Council during sittings of the Council without the permission of the Warden or other Presiding Officer Proceedings of Councilor shall be followed. In all unprovided cases in the Commi ttee, "Robert I s Rules of Order" 2. in or are used mean IIshe 3. Where the masculine words "he or "his" throughout this by-law, it shall be interpreted to "her" in the event reference is made to a female person and 89-60 and all By-Law be. and the 88-66 this That By-Laws No. 86-32, 88-28, other By-Laws and Resolutions contrary to same are hereby repealed. By-Law to become effective upon passing This 1990 READ a first time this 20th day of June 1990 1990 third time and finally passed this 20th day of June .~ L. ~ Millman, Warden 20th day of June ~/~54~ G. C. Leverton, Clerk. time this second READ a READ a SCf c¡ m~,," , ,tv, \. '-II Ó"\,,,,"t"'- ~.. ) ~d"Æ.e"-Æ,~¿