Council Meetings & Proceedings Policy

Mulgrave, Nova Scotia · adopted 2025-01-06

This is the exact embedded text of the captured official document. Snapshot f1c5f3854cd7 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Town of Mulgrave Council Meetings & Proceedings Policy Title: 1. This Policy is entitled the "Council Meetings & Proceedings Policy". Interpretation 2. The procedural requirements in this Policy are intended to complement and supplement, and not to replace, the requirements contained in applicable municipal legislation. 3. In this Policy, unless the context otherwise requires, (1) "Business day(s)" means a day when the Town of Mulgrave office is open for business; (2) "Chair" means the presiding officer; (3) "Council" means the Council of the Town of Mulgrave; (4) "Council Member(s)" include(s) the Mayor unless the context indicates otherwise; (5) "Majority" means more than one half of those present, unless the context indicates otherwise. 4. In all the proceedings had or taken in the Council the following rules and regulations shall be observed and shall be the rules and regulations for the order and discharge of the business of all council, committees, boards and commissions. Time, Place, Date and Notice of Meetings 5. Unless otherwise specified, regular meetings of Council shall be held (1) At Town Council Chambers, Mulgrave Town Hall, Mulgrave, N.S.; (2) On the first and third Mondays of the month at 6:30 o'clock in the evening at the Town Hall, unless some other place of meeting is designated by Motion of Council; provided that if the first Monday of any month is a holiday then it shall be held on the following evening at the same place and hour, unless otherwise resolved by Council. Town of Mulgrave Policy & Procedures Manual Council Meetings & Proceedings Policy Adopted by Council: Page 2 of 9 Council Meetings and Proceedings Policy 6. Regular, additional or special meetings of Council may be rescheduled, relocated or cancelled (1) by resolution or consensus, including a contingent resolution or consensus, of Council at a previous meeting three or more business days in advance of the additional or special meeting; (2) by the CAO on behalf of the Mayor, owing to unforeseen circumstances, provided the Mayor believes that the majority of Council Members would support such a step. 7. Specific notice to Council Members and to the public need not be provided of meetings held pursuant to subsection (1) of section 6; but, subject to any statutory relaxation of notice requirements, three business days' notice shall be specifically provided for other meetings to Council Members. 8. Subject to section [7], notice of meetings shall be provided verbally, by telephone, or in writing to each Council member. Items may be added to the Agenda by Council members up until noon 5 business days prior to a Council Meeting. Complete Council packages will be available in Councillors' mailboxes by noon 3 business days prior to a Council Meeting. 9. Within 30 days following the first meeting of Council after a municipal election or by-election, each elected Council Member shall provide to the CAO: (1) a telephone number at which the Council Member can be reached; and/or (2) an electronic mail address or facsimile telephone number at which the Council Member may be reached, and (3) the Council Member shall be assigned a mailbox located at the Mulgrave Town Office marked with the Council Member's name. The Council Member shall be deemed to have received any notice within one business day of its being sent or left by the method of the Council Member's choice pursuant to this section. 10. Subject to section [7], notice of meetings shall be provided to the public by posting at the Mulgrave Canada Post Office, on the door at the Town Office and on the TownofMulgrave.ca website a "Notice of Council Meeting" containing the time, date and place of the meeting. Conduct of Meetings: General 11. The Council shall adjourn at the hour of twelve midnight if in session at that hour, unless otherwise determined by a vote of two-thirds of the councillors present. 12. In the case the Mayor does not attend within fifteen minutes after the time appointed, the Deputy Mayor shall call the councillors to order and if a quorum is present, shall preside over the meeting or until the arrival of the Mayor. Town of Mulgrave Policy & Procedures Manual Council Meetings & Proceedings Policy Adopted by Council: Page 3 of 9 13. In case neither the Mayor nor the Deputy Mayor is in attendance within fifteen minutes of the appointed time, the Chief Administrative Officer shall call the councillors to order if a quorum be present, and the councillors shall choose a Chair who shall preside over the meeting until the arrival of the Mayor or Deputy Mayor. 14. During a meeting Council may adjourn for short periods or move to another place, without ending the meeting. 15. At regular meetings of Council, except when Council resolves to defer approval of minutes for a maximum of one additional meeting, the minutes of the last preceding regular meeting and subsequent special meetings shall be reviewed. Unless objection is taken to the minutes when read or as circulated, they shall be signed by the chairman. If any objection is made thereto, the councilor making such objection shall state his or her grounds without consent and if the council agrees the minutes shall be amended accordingly. If all councillors do not acquiesce in the proposed amendment, the motion must be made and seconded to amend the minutes in accordance with the objection which shall then be debatable. After all necessary corrections and amendments have been made and the minutes approved, the approved minutes shall be entered in the minute book of the proceedings of Council and such entry shall conclusively constitute the minutes of Council. 16. The minutes shall be kept by the Chief Administrative Officer and shall: (1) record the time when any Council member joins or leaves a meeting which is in progress; (2) contain all resolutions, decisions by consensus and motions, with the name of the movers and seconders, and shall record the outcome of each vote; (3) mention reports, petitions and other papers submitted to Council only by their respective titles, or a brief description of their contents. 17. It shall be the duty of the Chair to: (1) open the meeting of Council by taking the chair and calling the Council Members to order; Chair to indicate meeting is being recorded and ask that cell phones be put on silent; (2) ask the Council whether there is a consensus on an item of procedure or business, and if no Council Member indicates dissent, may treat the item as resolved to the same extent as if a motion had been duly moved, seconded and passed by vote; (3) receive and submit to Council motions properly presented by a Council Member; (4) put to a vote a question which is regularly moved and seconded or necessarily arising in the course of the proceedings and to announce the result of the vote; (5) decline to put to a vote, a motion which infringes upon the rules of procedure; Town of Mulgrave Policy & Procedures Manual Council Meetings & Proceedings Policy Adopted by Council: Page 4 of 9 (6) restrain the Council Members, when engaged in debate, within the rules of conduct of debate; (7) enforce on all occasions, the observance of order and decorum; (8) call by name any Council member persisting in a breach of the rules of order of Council thereby ordering him or her to vacate the Council Chambers; (9) inform the Council when necessary, or when referred to, on a point of order; (10) permit the Chief Administrative Officer to speak on any point upon request; (11) permit proper questions to be asked through the Chair of any official or employee of the Town of Mulgrave, or any member of the public in attendance, to provide information to assist any debate; (12) declare a meeting dissolved if no quorum has been achieved within 30 minutes of the scheduled meeting time; and (13) adjourn the meeting when the business is concluded or, when an adjournment time has been set and approved by majority vote or consensus, when the adjournment time has been reached, except when it is extended by unanimous consent. 18. At Council meetings, unless a majority consents to a different order for that meeting, Council shall conduct business in the following order; (1) call to order; (2) land acknowledgement; (3) disclaimer: recording of meeting; (4) approval of agenda, including additions or deletions; (5) acceptance of minutes from the previous meeting; (6) business arising from minutes; (7) presentations; (8) consideration of correspondence; (9) reading of reports of committees and of officers; 10) motions; 11) notices of motions; 12) new or other business; 13) date of next meeting; 14) gallery; 15) in camera 16) adjournment. 19. At the time the agenda is put forward for approval the Chair shall inquire of Council Members whether they have any new or other business. Council Members having such business shall then identify it for the Chair, or shall lose the right to raise new or other business at the meeting. Town of Mulgrave Policy & Procedures Manual Council Meetings & Proceedings Policy Adopted by Council: Page 5 of 9 20. Every Council Member, prior to speaking on any question or motion, shall raise a hand and wait to be recognized by the Chair. When two or more Council Members raise their hands to speak, the Chair shall designate as the Council Member who has the floor the Council Member who, in the opinion of the Chair, first raised a hand. 21. No Council Member may speak more than twice, without the leave of Council, on any motion except to explain a misconception of his remarks, but the mover of a motion shall have the right to reply and sum up in closing the debate. 22. When a Council Member wishes to explain, the Council Member shall raise a hand and ask leave of the Chair, without further comment, and if permitted by the Chair, shall explain only an actual misunderstanding of language. 23. No Council Member shall speak more than ten minutes upon any matter at one time, without the leave of Council. 24. The Chief Administrative Officer shall prepare for the use of councillors at regular meetings of Council all matters that are to come before the Council in the sequence in which they appear in the general order of the day. Conduct of Meetings: Motions and Voting 25. The Chair shall state every question properly presented to Council and before putting it to a vote, shall ask "Is Council ready for the question" and if no Council Member offers to speak, the Chair shall put the question, after which no Council Member shall be permitted to speak upon it. 26. The usual form of voting on any question shall be by the chair calling for "yes" and "no" votes, but any Council Member, before or after a voice vote can call for, and obtain through the Chair, a show of hands, and any two Council Members can call for, and obtain through the Chair, a recorded vote with each Council Member's vote entered into the minutes. 27. A motion must be seconded and then repeated by the Chair or read aloud by the Chief Administrative Officer before it is debated. The Chair may direct that the motion be put in writing. 28. After reading of a motion by the Chair or Chief Administrative Officer, it shall be open for discussion. 29. When any question is before the Council, the only motions in order shall be: (1) a motion in amendment of the original motion; (2) a motion to refer the question, including the motion and amendment if one is moved, to any committee; (3) a motion to defer the consideration of the question either indefinitely or to a specified time; (4) a motion to close the debate at a specified time; Town of Mulgrave Policy & Procedures Manual Council Meetings & Proceedings Policy Adopted by Council: Page 6 of 9 (5) a motion that the question be put to a vote; 30. When any one of the motions mentioned in the next preceding section has been made as an amendment to the original motion, no other motion may be made as an amendment except to the original motion or to the amendment, except the following: (1) to refer to a committee; (2) to defer the consideration of the question; (3) to close the debate at a specified time; (4) that the question be put to a vote; any of which may be moved either to the original motion or to the amendment of the original motion. 31. A motion: (1) that the debate be closed at a specified time; or (2) that the question be put to a vote; shall be put to a vote without further amendment or debate, but a motion that the question be put to a vote shall not itself be put to a vote until every Council Member who has not spoken on the question and claims a right to speak has been heard. 32. A motion that the question be put to a vote shall preclude all amendment to the main question until the motion is decided, and shall be put to a vote, without debate, in the following words: "That this question be put to a vote". If this motion is resolved in the affirmative, the original question shall be put to a vote immediately, without any amendment or debate, but if such motion is resolved in the negative, then the Council shall proceed to other business. 33. The following questions shall be decided without debate: (1) a motion to reconsider; (2) all motions as to priority of business or as to the suspension of the order of the day; (3) application to speak more than the prescribed number of times; (4) a motion to allow any person other than the Council Members to address the Council; (5) a motion to postpone to a specified time or day; Town of Mulgrave Policy & Procedures Manual Council Meetings & Proceedings Policy Adopted by Council: Page 7 of 9 (6) a motion to lay on the table when claiming a privilege over another person; and 34. Amendments shall be put in the reverse order to that in which they are moved. Every amendment submitted shall be decided or withdrawn before the main question is put to vote. Only one amendment shall be allowed to an amendment and any further amendment must be to the main question. 35. Except for matters arising from correspondence, committees or other reports, agenda items, or notices of motion or other material circulated to Council members on or before the day before the meeting, and except for matters arising from an in camera meeting, no motion committing the Town of Mulgrave to the expenditure of funds shall be accepted by the Chair for the consideration of Council except with the unanimous consent of Council members present. 36. Any notice of motion given by a Council member for a subsequent meeting may, in the absence of the Council Member giving such notice, be taken up by any other Council member. 37. After any question has been decided either in the affirmative or negative, any two Council Members may, after the decision has been announced from the chair, but before adjournment of the meeting give notice of an intention to move a reconsideration at the next meeting of the Council. The giving of such a notice operates as a stay or suspension of Council's decision. 38. Unless reconsideration is moved at the next meeting the right of reconsideration shall be lost. 39. No discussion of the main question shall be allowed on the motion for reconsideration. 40. The following matters are not eligible for reconsideration: (1) a motion approving the first or second reading of a By-Law enactment, amendment or repeal; (2) a motion to decide upon a matter which was the subject of a statutory hearing by Council; (3) a matter which has been reconsidered once; and (4) a vote to reconsider. 41. When any two councillors so request, the "yes" and "no" votes shall be taken by secret ballot. Conduct of Meetings: Points of Order 42. It shall be the duty of the Chair, and the privilege of any Council Member, to call any Council Member to order, who violates any established rule of order. A point of order must be decided before the subject under consideration proceeds. Town of Mulgrave Policy & Procedures Manual Council Meetings & Proceedings Policy Adopted by Council: Page 8 of 9 43. When a Council Member is called to order, the Council Member shall remain seated and silent until the point is determined, until called upon by the Chair to be heard on the point of order. 44. A point of order is not debatable amongst other Council Members, unless the Chair invites discussion in an effort to assist in making a ruling. Where the Chair permits discussion of a point of order, no Council Member shall speak more than once. 45. Decisions of the Chair on points of order or procedure, including an order expelling and excluding a person from the Council Chambers pursuant to sections [42 and 44], are not debatable but can be appealed to Council by any Council Member. When an appeal is made from the decision of the Chair, the Chair shall simply put the question, "Shall the decision of the Chair be sustained?" 46. No Council Member shall use offensive or unparliamentary language or speak disrespectfully to or about anyone while in Council, or speak outside the parameters of the question in debate. 47. If a Council Member resists the rules of Council, willfully obstructs the business of Council or disobeys the decision of the Chair, or of Council on appeal, on any question of order or practice or upon the interpretation of the rules of Council after being called to order by the Chair, or otherwise disrupts the proceedings of Council, the Council Member may be ordered by the Chair to leave the Council Member's seat provided that a majority vote of Council shall be required to sustain the expulsion. 48. If the Council Member refuses to leave the Council Member's seat, the Chair may order the Council Member to be expelled and excluded from the Council Chambers. 49. Such Council Member may, by vote of Council, later in the meeting or at a subsequent meeting be permitted to re-enter Council Chambers and to resume participation in Council's business with or without conditions. 50. Persons who are not Council Members or officers or employees of the Town of Mulgrave shall observe silence and order in the Council Chambers, unless given permission to speak, for a maximum of 5 minutes. Any such persons disturbing the proceedings of Council shall be called to order by the Chair and, if they fail to comply, shall be ordered, by the Chair to be expelled and excluded from the Council Chambers, provided that a majority vote of Council shall be required to sustain the expulsion. 51. Such member of the public may, by vote of Council, later in the meeting or at a subsequent meeting be permitted to re-enter Council Chambers with or without conditions. 52. An order of the Chair to expel a person from the Council Chambers pursuant to sections [42 and 44] of this Policy constitutes a direction from the Town of Mulgrave to leave the premises for purposes of the Protection of Property Act and other applicable laws. 53. If any question arises that is not provided for by applicable legislation or the foregoing rules, it shall be decided according to the ruling of the Chair, having regard to general principles of Town of Mulgrave Policy & Procedures Manual Council Meetings & Proceedings Policy Adopted by Council: Page 9 of 9 parliamentary procedure to the best of the Chair's ability, but the Chair shall not be expected to conform its decisions to parliamentary procedure texts or precedents. 54. Any of the rules of order may be suspended in its operation by the unanimous consent of the Council members present. 55. All former policies on Council Meeting & Proceedings of the Town are hereby repealed and this policy is substituted therefore. Certification for Town of Mulgrave Policy & Procedures Manual: Date of notice to Council Members of Intent to Consider [7 Day minimum]: January 6, 2025 Date of Passage of Current Policy: I certify that this Council Meeting & Proceedings Policy was adopted by Council as indicated above. ____________________________ ________________________ Chief Administrative Officer Date