Policy No. 52 — Council Meetings and Proceedings Policy — full text

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1 Policy No. 52 "Council Meetings and Proceedings Policy" POLICY NO. 52 MUNICIPALITY OF THE DISTRICT OF BARRINGTON COUNCIL MEETINGS AND PROCEEDINGS POLICY ___________________________________________________________________ 1. The procedural requirements in this Policy are intended to complement and supplement, and not to replace, the requirements contained in applicable municipal legislation. 2. In this Policy, unless the context otherwise requires, (a) "business day(s)" means a day when the Municipality of the District of Barrington's office is open for business; (b) "Chair" means the presiding officer; (c) "Council" means the Council of the Municipality of the District of Barrington; (d) "Council Member(s)" include(s) the Warden unless the context indicates otherwise; (e) "majority" means more than one half of those present, unless the context indicates otherwise. 3. (a) The Council shall hold its meetings as follows: (b) Regular Council meetings will be held on the 4 th Tuesday of each month with the exception of the month of December when the meeting will be scheduled earlier in the month to ensure the meeting does not encroach on the Christmas Season. (c) The Council may hold Special Meetings as provided for by Section 19 of the Municipal Government Act. 4. All meetings of the Council shall be held in the Administrative Centre, in Barrington, unless otherwise designated by a resolution of the Council, beginning at 7:00pm. 5. (a) During a meeting, the Council may adjourn for short periods or to another place, without ending the meeting. (b) Councillors not present at roll call may have their name entered as present when they join the Council at the place of meeting (c) All meetings of the Council shall be open and public except as provided for in Section 22(1) of the Municipal Government Act. 2 Policy No. 52 "Council Meetings and Proceedings Policy" 6. In the temporary absence of the Warden and Deputy Warden, the Council may elect a Chair from the Councillors present. 7. (a) Upon the opening of each regular council meeting, minutes of the last meeting shall be approved. Minutes may be approved as circulated or as amended. By resolution of Council, minutes of the last meeting may be read. (b) When the minutes have been approved, a correct copy of the same shall be entered in the Minute Book and shall be signed by the Chair and Clerk. (c) Where no resolution of Council is made to approve the minutes, the minutes shall be entered into the Minute Book and shall be stamped unapproved. (d) Video or audio recordings of all special and regular council meetings, will be posted on the Municipal Website and shall remain on the website for a period of 1 year and deleted from the website after that time. No recordings shall be kept after the 1 year period. 8. (a) The format of the Council agenda shall be determined by Council from time to time. (1) Closed Sessions - Council may meet in closed session (in-camera) as allowed for in Section 22(2) of the Municipal Government Act. The location of an in-camera discussion in an agenda will be dependent on the discussion. Whenever Council emerges from a Closed Session it will be the first order of business for the Warden or Chairperson to provide for the record and public gallery the type of matter that was discussed in Closed Session and then invite from members any motion related to Closed Session business (2) PROVIDED HOWEVER, that at the first meeting of the Council after a general election of Councillors, and whenever the office of Warden or Deputy Warden becomes vacant, the first business after the calling of the roll shall be the election of a Warden and Deputy Warden if such office is then vacant; (b) "Report of Councillors" shall be a regular agenda item to give councillors an opportunity to briefly report on their activities since the last meeting. Time sensitive matters may also be brought forward at this time. (c) All information and/or correspondence related to agenda items shall be attached to the web-agenda or else forwarded to all council members by e-mail (or paper) prior to meetings, except for agenda items related to Section 22(2) of the Municipal Government Act. 3 Policy No. 52 "Council Meetings and Proceedings Policy" (d) Individuals/delegations requesting to address Council or committees of council shall first complete Form "A" attached. Upon receipt of a completed Form "A", the CAO shall review the Form to ensure all required information has been provided and determine the most appropriate course of action to handle the request. Form "A" may be: a) Placed on an appropriate agenda; b) Referred to a staff member or department where the subject matter of the presentation can be adequately addressed by staff. c) Refused, where the subject matter of the presentation is a matter outside the jurisdiction of the municipality. d) Refused, for any other reason, after consultation with Councillors, with explanation by the CAO in writing to Council giving the reason for the refusal. The general guideline to be followed is that there will be no more than a maximum of one (1) presentation scheduled for any council/committee meeting with a maximum of two speakers for any one presentation unless previously arranged and that presentations be limited to 15 or 30 minute periods with a 15 minute period following to allow for questions. (e) Councillors shall take turns presenting Committee Recommendations to Council. The Chair shall request a mover and seconder for each recommendation put forth. (f) General acknowledgments are to be forwarded to the Warden to announce at the meeting. Such acknowledgements could include, graduations, achievements, etc. (g) Names of mover and seconder of motions will not be recorded in the minutes. 9. (a) The Chair shall preserve order and endeavour to conduct all business to a speedy and proper result. (b) The Chair shall state every question properly presented to the Council and before putting it to a vote shall ask, "Is the Council ready for the question?" If no Councillor offers to speak, he shall put the question, after which no Councillor shall be permitted to speak upon it. (c) The mover of a motion cannot speak against their own motion, however, they may wish to explain why they have changed their mind in regards to the motion. (d) The decision of the Chair on points of order shall not be debatable, unless the Chair entertains doubts upon the subject and invites discussion; he may speak on points of order in preference to other Councillors; he shall decide questions of order, subject to an appeal to the Council by any Councillors; where the Chair permits discussion on a point of order, no Councillor shall speak more than once. (e) When an appeal is made from the decision of the Chair on a point of order, 4 Policy No. 52 "Council Meetings and Proceedings Policy" the Chair shall forthwith put the question, "Shall the decision of the Chair be sustained?" (f) The Chair shall, and any Councillor may, call order on any Councillor who violates any rule of order. (g) No Councillor shall speak more than twice on any motion except to explain a misconception of his remarks, but the mover of a substantive motion shall have the right to speak a second time to reply and sum up in closing the debate. (h) No Councillor shall stand, speak or whisper so as to interrupt any Councillor who is speaking in Council unless it is to speak to order or to ask the Chair for leave to explain. (i) When a Councillor wishes to explain he shall ask leave of the Chair to explain without further comment, and if permitted thereto, shall explain only an actual misunderstanding of language. (j) When any Councillor speaks to order, the question of order shall be decided before the matter under discussion is proceeded with. (k) When any Councillor wishes to speak on a matter he shall request so from the Chair, and shall confine himself to the matter in question; he shall avoid speaking to character and unbecoming language and cease speaking when told his time for speaking has elapsed. (l) If more than one Councillor requests permission to speak at one time, the Chair shall determine who first requested and permit that Councillor to speak. (m) It is not necessary for the Chair to vacate the Chair in order to debate a motion. The Chair will be permitted to debate a motion following the same rules as other councillors. (n) If any person in speaking impeaches the motive of a person, or treats him with personal disrespect, or passes between him and the Chair while he is speaking, or uses profanity and/or obscene language or unbecoming language, or talks or acts so as to distract a person while speaking, or willfully violates any Rule of Order, he shall be censored by the Chair. When any person uses profanity and/or obscene language or unbecoming language, that person shall be advised by the Warden that they are out of order and asked to apologize. If no apology is forthcoming, then the person shall be asked to leave the meeting immediately. If the person fails to leave the meeting, then the Warden shall adjourn the meeting until the matter has been resolved. If necessary, the Warden will direct staff to call the RCMP to address the matter. (o) If any councillor deems himself personally aggrieved by a rebuke of the Chair, he, seconded by any other Councillor, may appeal from such rebuke or censor to the 5 Policy No. 52 "Council Meetings and Proceedings Policy" Council. (p) Any Councillor shall be heard in his place touching any charge brought against him as a Councillor, but he shall withdraw before the Council proceeds to consider the charge. (q) When a division on any question is demanded, the Chair shall call for the yeas and nays, that is, the Councillors voting in the affirmative shall raise their hand and be counted and then the Councillors voting in the negative shall raise their hand and be counted, and the Chair shall then declare the result. (r) The names of the councillors voting on a question shall be recorded in the minutes in the affirmative or negative. (s) Each Councillor present when a motion is put shall vote on the motion. A member of Council who fails or refuses to vote on a question before the Council is deemed to have voted in the negative. (t) Unless otherwise provided, a majority vote shall determine all questions arising in Council and the Chair must vote on all questions. (u) Where there is a tied vote, the question shall be determined in the negative. (v) Consensus of members may be used for general matters to be decided upon rather than requiring a motion and a division on the motion or matter. 10. (a) Resolutions and amendments thereto are substantive motions and all other motions are procedural. (b) All expenditure of funds require Council approval. Approval as part of budget constitutes approval of expenditure by Council. (c) At any time before the Council has voted on a motion, it may be withdrawn. Withdrawn motions do not need to be recorded in the minutes. (d) In all cases not provided for in this policy, Bourinot's Rules of Order shall govern proceedings of the Council. (e) Any or all of the foregoing rules may be suspended in its operation in any meeting by the unanimous consent of the Councillors present or by majority vote of Council. 6 Policy No. 52 "Council Meetings and Proceedings Policy" FORM "A" TO BE COMPLETED BY ANYONE WISHING TO ADDRESS COUNCIL OR COMMITTEE OF THE WHOLE COUNCIL Names of individuals making the presentation: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Points to be made: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Purpose and any requests that may be forthcoming from the presentation: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Please attach a copy of your written or power point presentation. Time requested for presentation: 15 minutes________ 30 minutes________ ____________________________________ Signature Print Name: _______________________________________ Mailing Address:____________________________________ Phone Number: ____________________________________ E-mail address:_____________________________________ Will you require a projector and computer for your presentation ? NOTE: Individuals or groups making presentations are required to address their comments and questions to the Chair of the Meeting only. No decision will be made at the same meeting as 7 Policy No. 52 "Council Meetings and Proceedings Policy" your presentation. Clerk's Annotation for Official Policy Book Date of Notice to Council members of Intent to Consider November 8, 2022 Date of Passage of current Policy November 22, 2022 I certify that amendments to Policy No. 52 "Council Meetings and Proceedings Policy" was approved by Council as indicated above. _________________________ ___________________________ Lesa Rossetti Date Municipal Clerk VERSION LOG Version Number Amendment Description Approved By Approval Date 1 Approved Policy of Council Council March 10, 2004 2 Amended by Council Council July 27, 2009 3 Amended by Council Council August 24, 2009 4 Amended by Council Council October 26, 2009 5 Amended by Council Council November 23, 2009 6 Amended by Council Council February 22, 2010 7 Amended by Council Council June 20, 2010 8 Amended by Council Council September 27, 2010 9 Amended by Council Council April 28, 2014 10 Amended by Council Council April 27, 2015 11 Amended by Council Council September 26, 2016 12 Amended by Council Council February 27, 2017 13 Amended by Council Council March 25, 2019 14 Amended Section 3(b), 8(c)(d), removed section 9(h), Amended Section 10(o), Removed Sections 10(d) to (p), renumbered 10(q) and removed Section 11. Council April 25, 2022 15 Added Sections 8(b) and 8(f) Council November 22, 2022