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02-37 COUNTY OF ELGIN By-Law No. 02·37 "TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF, AND TO REPEAL BY-LAWS NO. 96-17 AND 96-35' BEING A BY-LAW to make and establish rules and regulations for governing the proceedings of Council, the conduct of its members, the call of meetings, the regulations and directions of County Council, pursuant to Section 55(2) and Section 102, Chapter M.45, of the Municipal Act, RS.O., 1990, as amended. WHEREAS the Council of the Corporation of the County of Elgin did pass By-Law No 96-17, and amendments thereto, in order to make and establish rules and regulations for governing the proceedings of Council; and WHEREAS it is deemed necessary and expedient to repeal said By-Laws and consolidate all former and current amendments into one comprehensive document. Elgin Council of the Corporation of the County of the Munlcipa NOW THEREFORE enacts as follows PROCEEDINGS IN COUNCIL I MEETINGS AND ADJOURNMENT OF COUNCIL 1. In all the proceedings had or taken in the Mu,nicipal Council of the Corporation of the County of Elgin, the following rules and regulatiqns shall be observed, and shall be the rules and regulations for the order and dispatch of business in 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 seven o'clock in the evening 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 or recess 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 Chief Administrative Officer or the 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 recess/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, but shall always adjourn at the hour of ten o'clock, evening. the unti places on adjournment, their 5. The members of the Council shall not leave Warden or other Presiding Officer leaves the Chair. of the whole number majority of Quorum - a quorum shall be defined as a members required to constitute Council. a) 6 All meetings shall be open to the public. Persons may only be excluded when Council is in Committee Of The Whole and proceeding In-Camera b) meeting Special Meeting - The Warden may, at any time, summon a specia i) c) 2 The Warden shall, on requisition in writing signed by a majority of the members of Council, call a special meeting of the Council and, in the case of the absence or the neglect or refusal of the Warden to convene such a meeting, the Chief Administrative Officer or the Deputy Clerk shall call a special meeting for the purpose and at a time mentioned in the written petition ) 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 Chief Administrative Officer or the Deputy Clerk shall call the meeting to order, until a Deputy Warden 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 3. mmediately after the Warden or other Presiding Officer shall have taken his seat at the first day of each meeting, the minutes of the preceding meeting as mailed to each member shall be adopted as printed or amended and shall be signed by the Warden and the Chief Administrative Officer or the Deputy Clerk. the Warden sha motion 4 When two or more members wish to speak to a question or name the member who is to speak first. 5 When the Warden or other Presiding Officer is putting the question, no member shal 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. 6, Any member called to order shall at once cease speaking, 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 7. No member shall speak disrespectfully of The Reigning Monarch, or of any of the Royal Family, nor of the Governor-General, Lieutenant-Governor, nor other person administering the Government of Canada, or of this Province; nor shall he use offensive words neither against this Council, nor against any member thereof. s while Counci Chamber the Counci partake of food in smoke or sha 8 No member meeting. any read at the question In debate 10 Any member may require the question or motion under discussion to be time during the debate, but not so as to interrupt a member while speaking speak beside No member sha 9 all other unti 11 No member shall speak more than once on the same question members have had the opportunity to speak to the question 12, After a motion is passed, or a report adopted, no motion to alter or amend the same shall be considered during the same meeting 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 13. Upon a division of any question before the Council, except Committee Of The Whole (In-Camera), and if required by any member of the Council, the names of those voting on the matter before the Council shall be recorded YEA or NAY as the members vote on the question. All members present during a division must vote. 14, Questions under the proper Orders 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 County to as referred be shal Warden 3 the except Counci the of 15. Members Councillors 16. 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 the members to stand to indicate their YEA or NAY. then be tie vote on any question, by a show of hands, a recorded vote sha 17. Upon a taken the question shall be considered a defeated motion III ORDERS OF THE DAY tie recorded vote Upon a 18 have prepared for the use I 1. The Chief Administrative Officer or the Deputy Clerk sha of the members the general Orders Of The Day, containing Meetin Meeting Called to Order Adoption of Minutes Disclosure of Pecuniary Interest and the General Nature Thereof Presenting Petitions, Presentations and Delegations Motion to Move into Committee Of The Whole Council Reports of Councillors, Outside Boards and Staff Council Correspondence i) Items for Consideration ii) Items for Information (Consent Agenda) Other Business: i) Statement/Inquiries by Members ii) Notice Of Motion iii) Matters of Urgency In-Camera Items Recess Motion to Rise and Report Motion to Adopt Recommendations from the Committee Of The Whole Consideration of By-Laws Adjournment. Reqular 8th 9th 10th 11th 1ih 13th 14th 15t 2nd 3rd 4th 5th 6th ih Meetin Roll Cal Election of Warden 1) Candidates for Warden to Stand 2) Prospective Candidates to Speak (alphabetical order) 3) Proceed with Election (Ballot - Resolution) Signing of Declaration of Office and Oath of Allegiance 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 Recommend Appointments to Outside Boards and Committees Other Business: i) Statementsllnquiries By Members ii) Notice of Motion iii) Matters of Urgency Recess nauqura 6th ih 8th 9th 10th 11 th 15t 2nd 3rd 4th 5th 4 OTHER BUSINESS 2 When a Councillor(s) wishes to inform the Council of a matter that does not require action and consideration by the Councilor wishes clarification of a matter, such information may be announced under the sub-section known as "Statements/lnquiries by Members". It is understood that these announcements are made solely for Council's information and that under no circumstances shall Council undertake an action within this category. Statements/l a) Motion Notice of Motion shall be received by the Chief Administrative Officer or the Deputy Clerk at any time Council is meeting and in his office in advance of the production and distribution of the agenda material and shall be printed in the agenda. Notice of b) A Notice of Motion shall be dealt with by the Council, at the Council meeting at which it appears printed in the agenda. A Notice of Motion that is not printed in the agenda shall be dealt with in the order of business of motions at any subsequent meeting of the Council. Matters of Un When a Counciilor(s) wishes to inform Council of a matter that must be considered immediately, due to extreme time constraints or utmost importance, the Council, by majority vote, shall determine if the matter is admissible and requires immediate action. Only matters of urgency, which have been previously presented to the Warden and recommended as admissible, shall be considered by the Council without prior notice, c) 3. 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 4. All motions 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 5 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. preclude al an outside board shal 6 A motion to refer the main motion to staff or amendment of the main question until decided. unless a vote is being taken to adjourn shall always be In order A motion 7 and every withdrawn the main motion in which they are moved and be decided upon or supersede 9 All amendments shall be put in the reverse order amendment submitted shall be reduced to writing before the main question is put to vote to table is always In order and wi A motion 8 the main question to (2) amendments two than be more There shall not 10 to either amendment. 12 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. shall be allowed amendment (1 ) than one more Not 11 13. 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 apprise the members thereof immediately. places when any division is called their take Members shall always 14 or of order 15 When the Warden or other Presiding Officer is called on to decide a point practice, he shall state the rule or authority applicable to the case. 5 IV ORDER OF PROCEEDINGS IN COMMITTEE OF THE WHOLE AND IN-CAMERA Purpose: When Council wishes to consider a subject(s) with all the freedom granted an ordinary committee, it may refer the matter to Committee Of The Whole, meaning members may speak more than once to the same question and the limitations on length of speaking, if any, are relaxed. The and 1. Whenever it shall be moved and carried that the Council go into Committee Of Whole and In-Camera, the Warden or other Presiding Officer may leave the Chair, may appoint a Chair, who shall maintain order in the Committee. 2 The rules of the Council shall be observed in Committee Of The Whole. so far as may be applicable 3. The Chair, subject to an appeal to the Council, shall decide questions of order arising in Committee Of The Whole, 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. the question report, rise and n-Camera) to ( 4. On motion in Committee Of The Whole shall be decided without debate The only motions allowed while In-Camera are: rise without reporting rise and report refer the matter to a committee to to to motion motion motion 5 a) b) c) (if applicable). n Camera meetings Pursuant to Section 55, of the Municipal Act, when a motion to go In-Camera is Carried, the Warden or Chair may, with the approval of the Council, exclude such persons as deemed appropriate from the meeting room Exclusion of Persons from Committee and Counci 6 a) room without the re-enter the meeting leave and When In-Camera, no one shal approval of the Warden or Chair. b) being matter if the subject the public A meeting or part of a meeting may be closed to considered is c) local ncluding body has tribunals or board purposes other municipal the security of the property of the municipality or local personal matters about an identifiable individual, i board employees; a proposed or ending acquisition of land for municipal or loca labour relations or employee negotiations; litigation or potential litigation, including matters before administrative affecting the municipality or local board; the receiving of advice that is subject to solicitor-client privilege communications necessary for that purpose; a matter in respect of which a council, board, committee, or authorized a meeting to be closed under another Act. board; ncluding ) i) iii) iv) v) vii) vi A meeting sha be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the Council, board, commission or other body is designated as head of the institution for the purposes of that Act. d the public, a to to be closed is that Before holding a meeting or part of a meeting council or local board shall state by resolution e) the fact of the holding of the closed meeting; and the general nature of the matter to be considered at the closed meeting ) i) If a meeting is closed to the public, no resolution or record of the meeting shal disclose any information that the Head of an institution is not permitted to disclose under the Municipal Freedom of Information and Protection of Privacy Act. f) 6 the taking of a vote V REPORTS - PROVISION OF NOTICE be closed during this section a meeting shall not Despite g) 1. A report before the Council that requires enactment of a by-law, with notice, shall be subject to the terms of the "Provision of Notice By-Law" and said report shall be presented at one meeting and the enacting by-law shall be presented at the next consecutive meeting VI READING OF BY-LAWS AND PROCEEDINGS or the Deputy Administrative Officer the Chief 1. Every by-law shall be introduced by Clerk and shall be authorized by Council. or the Deputy Clerk shal 2 After by-laws have passed, the Chief Administrative Officer be responsible for their corrections should they be amended, three readings before taking effect. by-laws shall be given AI 3 by-laws adopted shall be printed in the proceedings of the Counci VII PETITIONS, DELEGATIONS AND COMMUNICATIONS AI 4 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. 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 Chief Administrative Officer, 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 outside board shall, on presentation, be referred to the relevant outside board by resolution. Any matters arising subsequently shall be referred by the Warden without 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. 4 Any person or group of persons, wishing to address the Council, shall be required to make the necessary arrangements through the Chief Administrative Officer, at least eight (8) days prior to the date of the Council meeting. Written briefs shall be provided so that sufficient time will permit distribution to the members of Council, prior to the said meeting. the same issue they agree that 5 Once a delegation has addressed the Council, no further request on will be entertained until written information is produced to the Council and another visit is warranted. minutes 7 The Chief Administrative Officer or the Deputy Clerk shall provide all individuals or groups, indicating that they wish to address the Council, with a copy of the appropriate section of the Procedural By-Law dealing with delegations twenty (20) to a maximum of mited A delegation shall be 6 VIII ORGANIZATION OF COMMITTEES 1. The Warden shall recommend and the Council shall appoint representatives from within their membership to various committeeslboardslagencies at the first meeting in December of each year. one position on any east to at 7 All members of Counci shall be appointed committee/board/agency. a) 2 to serve on any committeelboardl Council are equally eligible All members of agency. b) no but request the press upon 3 Agendas for Council will be released to the public and sooner than four (4) days in advance of the meeting 4 Special Committees does it be addressed and The Council may appoint Special Committees if an Issue must not fall within the scope of management staff. ointments Vacancies/A 5 Counci shall be filled at IX OTHER COMMITTEES/BOARDS/AGENCIES the year, which occur during Committee/board/agency vacancies NO. OF APPOINTEES Warden + 2 1 3 5 1 1 2 1 1 All members of COMMITTEE NAME Dispute Resolution Elgin County Pioneer Museum Elgin-S1. Thomas Health Unit Land Division S1. Thomas-Elgin General Hospital S1. Thomas-Elgin Tourist Association SociallEntertainment Thames Valley District Health Counci Tillsonburg District Memorial Hospital Waste Management/Liaison Counci X DUTIES OF COMMITTEES 1, The general duties of the Select Committees of the Council shall be to report to the Council at least annually, 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. east the activities at Reportinq Appointees to committeeslboardslagencies shall present a report on once a year to County Council, according to the following schedule 2 JULY MEETING General Hospital Memorial Hospital S1. Thomas-Elgin Tillsonburg District SEPTEMBER MEETING Elgin-S1. Thomas Health Unit Thames Valley District Health Counci OCTOBER MEETING Association Thomas-Elgin Tourist St NOVEMBER MEETING Elgin County Pioneer Museum Land Division Committee 8 NOTE: The Waste Management/Liaison Committee, the Dispute Resolution Committee, and the Social/Entertainment Committee meet on an infrequent basis, therefore scheduled reporting for these committees may not be required. any time and more frequently if they wish report to Council at Members can. of course XI SOCIAL/ENTERTAINMENT COMMITTEE (SEC 1 The Social/Entertainment Committee shall be an Ad Hoc Committee of the Council consisting of two (2) Members of Council, with the understanding that the workload will be divided, thereby not placing undue hardship on one Member. implement all social arrangements concerning County to the following 2. The SEC shall oversee and functions, including, but not limited organizing and conducting the Warden's Banquet organizing hospitality rooms a) b) red from time to time as requ the Counci report to The SEC shal 3 The Deputy Clerk shall be Secretary/Co-ordinator for the SEC XII MONEY APPROPRIATIONS, ACCOUNTS. EXPENDITURES, CONTRACTS AND IMPROVEMENTS 4 1. No tenders shall be accepted on behalf of the County Corporation for any purpose unless a certified cheque accompanies such tender for such amount as the Council may determine the with nterfere or rect d to 2 No member of the Council shall have power performance of any work for the County Corporation. XIII ELECTION OF WARDEN 1, The Chief Administrative Officer or the Deputy Clerk of the County shall take the Chair at seven o'clock in the evening of the second Tuesday of the month of December in each year, or at such hour and on such day thereafter as he shall find the majority of the Members of the Council present in the Council Chamber. each 2 The Chief Administrative Officer or the Deputy Clerk shall prepare ballots for member with the names of the members written or printed thereon 3 The Chief Administrative Officer or the Deputy Clerk shall announce that any person aspiring to the position of Warden shall be granted an opportunity, not exceeding five (5) minutes, to address the Council. Candidates will address Council in alphabetical order. 4. The Chief Administrative Officer or the Deputy Clerk shall inform the members that he is ready to proceed with the election of one of their number to be Warden, unless only one member indicates his intention to run for the Office, in which case the election procedure is dispensed with in favour of a resolution appointing the Warden Voting shall be by secret ballot and balloting will continue until a candidate obtains a majority of votes. The Chief Administrative Officer or the Deputy Clerk shall count the votes, in the presence of a representative of the County's auditing firm if in attendance. a) 5 the receiving the candidate than two (2) candidates retire after each ballot. In the event there are more lowest number of votes shall b) to By motion, the Chief Administrative Officer or the Deputy Clerk shall be directed destroy the ballots after the election has been completed. c) County Council shall have 9 the Warden, each member of 6 For the purposes of electing one vote. 7. In the case of an equality of votes for Warden, the successful candidate shall be determined by the Chief Administrative Officer or the Deputy Clerk placing the names of the candidates on equal sized pieces of paper in a box and one name being drawn by a person chosen by the Chief Administrative Officer or the Deputy Clerk. 8. The Warden-Elect shall forthwith sign and declare and read aloud the Declaration of Office, and the Oath of Allegiance and on completion thereof he shall take the Chair. XIV DEPUTY WARDEN 1 A position of "Deputy Warden" shall be established on a rotating monthly schedule amongst all Councillors, and the Warden may request said Deputy Warden or any other member of Council to represent him at social or other functions where the Warden is unable to attend. mileage at the 2 Councillors attending a function as "Deputy Warden" shall be paid same rate established for the use of personal vehicles for County business XV CONVENTION ATTENDANCE AND HOSPITALITY ROOMS 1. County Councillors shall be permitted to attend any convention or conference within the Province of Ontario in accordance with the established convention policy, provided the said convention/conference is relevant to the business of the County. XVI GENERAL CLAUSES the sittings of the Counci 1 No person shall be allowed to address the Council during without the permission of the Warden or other Presiding Officer. "Robert's n committee or Counci the Proceedings of 2. In all unprovided cases in RUles of Order" shall be followed the ncludes it 3. Helshe, hislher means that whenever the masculine pronoun is used feminine pronoun where the context so requires or vice-versa XVII this one be with take effect upon passing nconsistent this By-Law come Into force and 2 THAT By-Laws No. 96-17, 96-35 and any other by-law and is hereby repealed. THAT 1 day of December 2002 1 ih day of December 2002 this ih time and finally passed 1 time this and second rd READ a first th READ a Chief