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91-59 COUNTY OF ELGIN By-Law No. 91-59 "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 consolidate 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 or 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 Clerk or Deputy Clerk shall, if required by two members, take down the names of the members present at the expira- tion 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 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 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. the Warden shall 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 manner as that any member present may have an opportunity to object to the absence of such retiring member. 8. 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. 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 No member shall speak beside the question in debate motion under dis- but not so as to 11 12. Any member may require the question or cussion to be read at any time during the debate, interrupt a member while speaking. 13. No member shall speak more than once on the same ques- tion, until all other members have had the opportunity to speak to 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 or NAY as the members vote on the question. All mem- bers 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 17 In addressing the Warden or any member of council, 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. 3 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 consid- 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: ReQu1ar 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. InauQura1 Session 1st Roll Call 2nd Resolution on Procedure to Elect Warden 3rd Election of Warden (1) 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 lOth 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 otherwise determined by a vote of the 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 shall preclude all amendment of the main question until decided. 6. A motion to adjourn shall always be in order unless a vote is being taken. 7. A motion to table is always in order and will supercede the main motion. 4 8. 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. 9. There shall not be more than two (2) amendments to the main question. 10. Not more than one amendment shall be allowed to either amendment. 11. 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. 12. 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 mem- bers thereof immediately. 13. Members shall always take their places when any division is called. 14. 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 or 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, with- out 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. 3. The question: "That By-Law No. .... . be read a first time", 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. be printed in the proceedings 5 4. All by-laws adopted shall of the Council VI 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. DELEGATIONS 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 mat- ter, 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 pro- per Committee by resolution and any matters arising subsequently shall be referred by the Warden without any motion; and no member shall speak upon, nor shall any debate be allowed on the presenta- tion 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 con- tained therein may be brought into immediate discussion and dis- posed of forthwith. 4. Any person or group of persons, wishing to address County Council, shall be required to make the necessary arrangements 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 entertained until written information is produced to Council and they agree that another visit is warranted. A delegation shall be limited to a maximum of twenty 6. minutes (20) 7. The Clerk shall provide all individuals or groups, indi- cating that they wish to address County Council, with a copy of the appropriate section of the Procedural By-Law dealing with delega- tions. 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 the committee to strike the Standing Committees. The Warden shall be, ex-officio, a member of all the Standing Commit- tees, 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: 6 General Government and Property Homes for Senior citizens Social Services. 4 5 6 County Library County Roads Executive 1 2 3 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 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 1. The business of the respective Standing and Select Committees shall be conducted under the following regulations such orders and documents as the The Chairman shall sign all Committee may legally order. (a 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. (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 all that To cause to be prepared and introduce into the Council, such by-laws as may be necessary to give effect to the reports or recommendations of the respective Committees 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 COUNTY LIBRARY COMMITTEE 1- The County Library Committee shall be composed of seven (7) members. 2. It shall be the duty of the County 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 certificate of the County Librarian, or other person authorized by the County 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. 4. The County Librarian shall be Secretary for the Committee. XI COUNTY ROADS COMMITTEE 1- The County 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 dis- bursement 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 sub- sequent meeting. 3. The County Engineer shall be Secretary for the Committee. XII EXECUTIVE COMMITTEE 1- The Executive Committee shall be composed of eight (8) members: The Warden Chairman of the five (5) Standing Committees 1 Urban Representative } to be elected by the County Council on 1 Rural Representative } the second day after all Committees have } met to elect Chairmen and it be by open } ballot. 2. Consider requests for grants and make recommendations to Council in this regard. 3. In conjunction with the Treasurer review the operating and variance reports submitted by the Treasurer. 4. Review of the annual budget submissions from the Standing Committees and other groups prior to consideration by Council, with the authority to send proposals back to the Standing Committee for possible revisions 8 5. Consider and make recommendations on issues arising from the application of human resource policies including hiring prac- tices, salary/wage administration, labour relations, training and development and related mattèrs. 6. Responsible for items affecting the functioning of County Council. 7. Conduct a yearly review of County insurance coverage in conjunction with department heads. 8. Consider and make recommendations to County Council on all issues not specific to other standing Committees. 9. Review and make recommendations on long term spending. 10. Review and make recommendations on major expenditures with implications for County financing. 11. As "Head" under the Freedom of Information and Protection of Privacy Act, 1989, delegates the duties under the Act to the Clerk for the day-to-day administration. 12. Supervision of the Clerk, Treasurer and Personnel Administrator. 13. The Treasurer and Personnel Administrator shall attend all meetings and be responsible for preparing agenda items for their portion of the meeting. 14. The Clerk shall be Secretary for the Committee. XIII GENERAL GOVERNMENT AND PROPERTY COMMITTEE 1. The General Government and Property Committee shall be composed of seven (7) 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 and property leased for library purposes. 3 . To regulate and have supervision of all matters connected with the County Administration Building. 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, Tree Commissioner and By-Law Enforcement Officer. 5. Make recommendations regarding remuneration, expenses and mileage rates for Council, Committee members and the Warden. 6. Make recommendations regarding industrial, recreational, tourism and planning matters. 7. Responsible for social arrangements concerning County functions, e.g. Warden's Banquet, meals at Council meetings, etc. 8. The Clerk shall be Secretary for the Committee. XIV HOMES FOR SENIOR CITIZENS COMMITTEE 1- The Homes for Senior citizens Committee shall be composed 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. 9 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. 4. The Assistant Director of the Homes for Senior citizens shall be Secretary for the Committee xv SOCIAL SERVICES COMMITTEE The Social Services Committee shall be composed of five members. 1- (5) It shall be their duty to regulate and have supervision all matters connected with the Department of Social Services 2. of be Secretary for 3. The Director of Social Services shall the Committee. CONTRACTS XVI 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 accom- panied 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 Corporation. XVII 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 In all unprovided cases in the Proceedings of Councilor Committee, "Robert's Rules of Order" shall be followed. 2. in are used through- she" or "her" in " 3. Where the masculine words "he" or "his out this by-law, it shall be interpreted to mean the event reference is made to a female person. 90-30 and all other Resolutions contrary same are hereby repealed. That By-Law No. to this By-Law be, and the This By-Law to become effective upon passing. 1991 READ a first time this 20th day of November, 1991 1991 READ a third time and finally passed this 20th day of November, READ a second time this 20th day of November, c¡ ,'2d:/(, CftI-03 q.3 -3q c/3- SO¡ Q2,-b:<' '"""V-',,- M. L. i11man, --P m ~_Warden. ~vt'r, %-/7 ~~ II ~ - G C. Leverton, .ìì ..) Q."u- . 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