| 1. |
DEFINITIONS |
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In this By-Law:
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(I) |
"Administrator" shall mean the Chief Administrative Officer of the Town of LaSalle;
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(2) |
"Clerk" shall mean the Clerk and Director of Council Services of the Town of LaSalle;
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(3) |
"committee" shall mean any advisory or other committee, subcommittee or similar entity of which at least 50 per cent of the members are also members of Council.
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(4) |
"Council" shall mean the Council elected to represent the interests of the residents and property owners living within or owning property within the limits of the Town of LaSalle;
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(5) |
"Councilor" shall mean one of the five elected Members of Council, excluding the Mayor and the Deputy Mayor;
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(6) |
"Deputy Mayor" shall mean that Member of Council elected to assume the responsibilities of the Mayor in the Mayor's absence;
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(7) |
"local board" does not include police services boards or public library boards.
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(8) |
"Mayor" shall mean the duly elected Head of Council;
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(9) |
"meeting" shall mean any regular, special, committee or other meeting of Council.
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(10) |
"Member" shall mean a Member of the Council;
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(11) |
"Presiding Officer" shall mean:
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(a) |
the Mayor, or in his or her absence, the Deputy Mayor;
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(b) |
in the absence of both the Mayor and the Deputy Mayor, the Presiding Officer shall be that Member of Council present at the meeting being the longest standing serving Member;
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(c) |
in the event there is more than one long standing serving Member, the Presiding Officer shall he selected by a vote of Council and in the event of a tie vote the Presiding Officer shall be selected by draw;
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(d) |
while so acting, such Member shall have and may exercise all the rights, powers and authority of the head of Council;
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(12) |
"Town" shall mean The Corporation of the Town of LaSalle.
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| 2. |
GENERAL |
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The rules and regulations contained in this by-law are to be observed in all proceedings of Council and are the rules and regulations for the dispatch of business by Council and its committees.
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| 3. |
DUTIES |
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(1) |
Duties of the Mayor |
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As the head of Council, it is the duty of the Mayor to: |
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(a) |
to act as Chief Executive Officer of the Town and uphold and promote the purposes of the Town; promote public involvement in the Town's activities; act as the representative of the Town both within and outside the Town, and promote the Town locally, nationally, and internationally; and participate in and foster activities that enhance the economic social and environmental wellbeing of the Town and its residents;
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(b) |
to preside over Council meetings so that its business can be carried out efficiently and effectively;
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(c) |
to provide leadership to Council;
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(d) |
to represent personally, or assign a designate, to represent the Town officially at all functions to which the Town may be invited;
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(e) |
to make efforts to maintain good public relations in representing the Town, and in this regard is hereby authorized to make reasonable or necessary expenditures;
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(f) |
from time to time to make certain decisions between Council meetings, which decisions shall be reported to Council at the next regular meeting;
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(g) |
where there has been budget approval by Council, the Mayor may authorize administrative personnel to attend workshops, seminars, and those conferences that relate to their duties as Town employees;
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(h) |
to sign all necessary and appropriate documents pertaining to the Town as required to carry on the Town's business;
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(i) |
to be vigilant and active in causing the laws for the government of the Town to be duly executed and obeyed;
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(j) |
to communicate to Council from time to time such information, and recommend to it such measures as may tend to the improvement of the finances, health, security, cleanliness, comfort and ornamentation of the Town;
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(k) |
to assign the seating arrangements for all members of Council prior to inaugural meeting of Council;
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(l) |
to carry out the duties of the head of Council under the Municipal Act, 2001or any other Act.
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(m) |
without limiting 3(l)(c), to provide information and recommendations to Council in ensuring that administrative and controllership policies, practices and procedures are in place to implement the decisions of Council and in ensuring that accountability and transparency of the operations of the meeting, including the activities of the senior management of the meeting.
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(2) |
Duties of the Deputy Mayor |
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(a) |
When the Mayor is absent or refuses to act or has declared a pecuniary interest in any matter before Council, or when the office of Mayor is vacant, it is the duty of the Deputy Mayor to act in the place of and instead of the Mayor, and while so acting, the Deputy Mayor has and may exercise all rights, powers and authority of the Mayor;
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(b) |
In the absence of the Deputy Mayor the above duties shall be placed with the Presiding Officer.
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(3) |
Duties of the Presiding Officer |
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It shall be the duty of the Presiding Officer: |
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(a) |
to open the meeting of Council by taking the Chair for the head of Council, calling the Members to order, and calling for the prayer of invocation;
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(b) |
to announce, by way of the agenda, the business before Council in the order in which it is to be acted upon;
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(c) |
to receive and submit, in the proper manner, all motions presented by the Members;
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(d) |
to put to a vote all questions that are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the results;
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(e) |
to decline to put to a vote motions that contravene the rules of procedure;
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(f) |
to enforce on all occasions the rules of decorum among all present at the meeting;
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(g) |
to call to order by name any Members persisting in breach of the rules of decorum, thereby ordering the offending Member to vacate the Council chambers subject to section 8 (3) of this by-law;
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(h) |
to receive all messages and other communications directed to Council and provide them to Council;
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(i) |
to authenticate by signature, when necessary, all by-laws, resolutions, minutes and other documents authorized by Council; (j) to inform Council, when necessary or when referred, on a point of order or usage;
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(k) |
to represent and support Council, declaring its will, and implicitly obeying its decisions in all matters;
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(l) |
to ensure that the decisions of Council are in conformity with the laws and by-laws governing the activities of Council;
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(m) |
to adjourn the meeting when business has been completed;
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(n) |
to adjourn the meeting, without the question being put to a vote, in the case of grave disorder arising in the Council chambers; and
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(o) |
to expel any person for improper conduct at a meeting.
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(4) |
Role of Council |
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It is the role of Council:
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(a) |
to represent the public and to consider the well-being and interests of the Town;
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(b) |
to develop and evaluate the policies and programs of the Town;
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(c) |
to determine what services the Town provides;
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(d) |
to ensure that administrative and controllership policies practices and procedures are in place to implement the decision of Council;
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(e) |
to maintain the financial integrity of the Town; and
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(f) |
to carry out the duties of Council under the Municipal Act, 2001 or any other Act.
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(g) |
to ensure accountability and transparency of the operations of the meeting, including the activities of the senior management of the meeting.
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| 4. |
COUNCIL MEETINGS |
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(1) |
Inaugural Meeting The inaugural meeting of Council of the Town, after a regular election, shall be held on the first Tuesday in December at 7:00 o'clock p.m. Prior to conducting the business of the Town, all Members shall take the declaration of elected office in the English or French version of the form established by the Minister of Municipal Affairs and Housing for that purpose.
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(2) |
Regular Meetings - Location and Date |
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(a) |
Regular meetings of Council shall be held in the Council chambers located in the municipal building at 5950 Malden Road, LaSalle, Ontario, or at such other location within the municipal boundaries of the Town of LaSalle as may be determined by Council.
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(b) |
The regular meetings of Council shall he held on the second and fourth Tuesdays of each month unless otherwise stipulated by Council by a resolution, and shall commence at the hour of 7:00 o'clock p.m. or as soon thereafter as a quorum of the Members of Council is present.
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(c) |
Council may, by resolution, alter the date and/or time and or location of the regular meetings provided that adequate notice of the change is posted and may or could be published in a local newspaper.
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(d) |
In the case of an emergency as determined by the head of Council, Council may hold its meetings and keep its public office at any convenient location within or outside of the Town.
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(3) |
Quorum |
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(a) |
A quorum shall be constituted of no less than 4 Members which may include the Mayor and/or Deputy Mayor.
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(b) |
If, after a quorum has been met, the number of Members who are disqualified from participating in the vote on any matter is such that there is no quorum, any number of Members shall be deemed to constitute a quorum, but the number shall not be less than 2 Members.
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(c) |
If a quorum is not present within 20 minutes after the time appointed for the meeting, the Clerk shall take down the names of the Members there present, Council shall stand adjourned until the next regular meeting, and the matters listed on the agenda for the adjourned meeting shall be listed on the agenda of the next regular meeting of Council.
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(4) |
Open Meetings All Council meetings shall be open to the public except as otherwise provided in this by-law.
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(5) |
Special Meetings |
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(a) |
The Mayor may at any time call a special meeting of Council, and the only matters permitted to be dealt with at the special meeting shall be those set out in the notice calling the special meeting.
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(b) |
The Clerk shall call a special meeting upon receipt of a petition of the majority of Council Members, at the time, date and place mentioned in the petition, and the only matters permitted to be dealt with at the special meeting shall be those set out in the petition calling the special meeting.
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(c) |
No special meeting shall be held sooner than forty-eight (48) hours following the call for the meeting and the Clerk shall provide written notice of the special meeting immediately following receipt of the petition or instructions to do so from the Mayor. The Clerk shall make his or her best effort to inform each Member of the special meeting.
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(d) |
Notwithstanding the notice requirements set out above, in the event of an emergency, the meeting may he held as soon as possible following the call for the meeting and notice may be given by telephone or by personal contact to each Member as determined by the Clerk in his or her sole discretion.
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(6) |
Notice of Meetings |
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(a) |
That notice of Council meetings, both open and closed, be given in writing by: |
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(i) the publication of the Council agenda on the Friday preceding the council meeting;
(ii) posting of the council agenda on the Town website on the Friday preceding the meeting;
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(b) |
That notice of Council budget deliberations be given 14 days before the Council meeting and the budget be tabled for public review on the Town's website.
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| 5. |
AGENDA |
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(1) |
Order of Business
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The format of the agenda is to be as follows: |
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(A) |
OPENING BUSINESS
- Call to order and invocation.
- Disclosure of Conflict of Interest.
- Adoption of Minutes of Previous Meeting(s).
- Approval of Payment of Accounts.
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(B) |
DELEGATIONS ON PUBLISHED AGENDA
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(C) |
PUBLIC MEETINGS AND/OR HEARINGS
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(D) |
REPORTS/CORRESPONDENCE FOR COUNCIL ACTION
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(E) |
INFORMATION ITEMS TO BE RECEIVED
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(F) |
BYLAWS
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(G) |
OLD/NEW BUSINESS
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(H) |
REPORTS FROM COMMITTEES
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(I) |
MOTION TO MOVE INTO COMMITTEE OF THE WHOLE
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(J) |
CONFIRMATORY BY-LAW
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(K) |
ADJOURNMENT
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(2) |
Availability of Agenda |
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The Clerk shall prepare an agenda of the meetings, which shall be available to Council Members and to the public by 12:OO noon on the preceding Friday.
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(3) |
Amending the Agenda |
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The business of Council is to proceed in the order as listed on the agenda unless a motion of Council is passed amending the agenda.
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(4) |
Agenda Items |
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(a) |
Every communication to be presented to Council:
(i) shall be legibly written or printed;
(ii) shall clearly state the request that is being made of Council;
(iii) shall not contain obscene or improper matter or language;
(iv) shall be signed by each of every person who has submitted the communication; and (v) shall be filed with the Clerk.
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(b) |
(i) Any person may he placed on the agenda as a delegation to Council provided they notify the Clerk prior to 12:OO noon on the Wednesday preceding the Council meeting. The person shall inform the Clerk of the purpose of the appearance before Council and the request that is to he made of Council, and shall provide the Clerk with written information on the topic upon which that the person intends to present to Council.
(ii) The Clerk may determine in his or her discretion if it is appropriate to place the delegation information on the agenda for the next Council meeting. In the event the Clerk determines an administrative report should be submitted to Council with the delegation information, the Clerk shall arrange for the said administrative report to be completed prior to including the delegation information on an agenda. The Clerk may circulate a copy of the delegation information to Members of Council for their information pending receipt of the administrative report.
(iii) In the event the Clerk determines in his or her discretion that the request to be made of Council by any communication sought to he placed on the agenda or by any person who wishes to appear before Council is not clear, in whole or in part, the Clerk may return the submission to the author thereof with a request for clarification.
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| 6. |
MINUTES OF THE MEETING |
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(1) |
Recording of the Minutes It is the duty of the Clerk: |
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(a) |
to record, without note or comment, all resolutions, decisions and other proceedings of Council;
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(b) |
if required by any Member present at a vote, to record the name and vote of every Member voting on any matter or question;
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(c) |
to keep the originals or copies of all by-laws and of all minutes of the proceedings of Council;
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(2) |
Adopting Meeting Minutes At each regular meeting of Council, the minutes of the preceding regular meeting, and any other special meeting held since the last regular Council meeting shall, unless otherwise decided by Council, be submitted for adoption. After the minutes have received approval by a majority of Members present, they shall be signed by the Clerk and Presiding Officer of that meeting.
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| 7. |
CONDUCT AT COUNCIL MEETINGS |
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(1) |
Decorum of Council Members No Member of Council shall:
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(a) |
use of offensive words or inappropriate language in Council meetings or in reference to another Council Member;
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(b) |
speak on any subject other than the subject in debate;
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(c) |
disobey the decision of the Presiding Officer or the Council on questions of order or procedure as set out in this by-law or in a resolution of Council, or upon the interpretation of the rules of Council;
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(d) |
speak more than once to the same motion, without leave of the Presiding Officer and in doing so is not to introduce a new matter;
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(e) |
speak to the same motion, or in reply, for longer than ten minutes;
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(f) |
be permitted to hold discourse with another Member, which may interrupt the Member who is speaking. Any Member violating this rule shall be called to order by the Presiding Officer; and
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(g) |
where a matter has been discussed in the Committee of the Whole, and where the matter remains confidential, disclose the substance of deliberations of the Committee of the Whole meeting.
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(2) |
Disruptive Behaviour |
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Should any Member persist in disruptive behaviour after having been called to order by the Presiding Officer, the Presiding Officer may forthwith put the question to a vote by Members of Council, without amendment or debate being allowed, and such Member may be ordered to leave his or her seat for the duration of the meeting.
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(3) |
Apology |
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If a Member who has been ordered to leave his or her seat apologizes to Council, he or she may, by a vote of the remaining Council Members, be permitted to resume sitting in the meeting as a Member.
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(4) |
Absenteeism |
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If a Member of Council is absent from the meetings of Council for 3 successive months without being authorized to do so by a resolution of Council, the seat of that Member shall become vacant.
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(5) |
Decorum of members of the Public |
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No member of the public shall: |
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(a) |
use of offensive words or inappropriate language in Council meetings or in reference to any Council member;
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(b) |
speak on any subject other than the subject in debate;
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(c) |
disobey any decision of the Presiding Officer or Council on questions of order or procedure as set out in this by-law or in a resolution of Council, or upon the interpretation o the rules of Council;
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(d) |
speak more than once on the item, without leave of the Presiding Officer and in doing so is not to introduce a new matter;
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(e) |
be permitted to hold discourse with any Member, which may interrupt the Member who is speaking. Any person violating this rule may be called to order by the Presiding Officer.
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(6) |
Public Delegations |
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Five minutes are granted to delegations to present their item, and a five minute extension may be granted at the discretion of the Presiding Officer. Persons initiating a presentation to Council shall be heard first, and after delegations for the opposition are heard, shall have the right to reply. The time for reply is limited to five minutes, with an extension of a maximum of one further period of up to five minutes which may be permitted at the discretion of the Presiding Officer. Delegations consisting of more than one person shall be limited to two speakers, each of which is restricted to the time limitations mentioned above.
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(7) |
Disruptive Behaviour |
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Should any member of the public persist in disruptive behaviour after having been called to order by the Presiding Officer, such member of the public may be ordered to leave the Council meeting for the duration of the meeting.
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(8) |
Procedures References |
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If any question for which a procedure is not referred to in this by-law for a Council meeting, or any Committee of the Whole or other committee meeting, reference shall be made to the "Robert's Rules of Order" to decide the most appropriate procedure.
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| 8. |
VOTING |
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(1) |
Voting in Person
At any meeting of Council, a Member of Council shall have one vote and must be present for his or her vote to be counted.
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(2) |
Open Vote
No vote shall be taken by ballot or any other method of secret voting and every vote so taken is of no effect.
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(3) |
Majority Vote
Subject to the provisions of this By-law, a majority vote of those present at any meeting shall constitute effective action.
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(4) |
Tie Vote
Except where expressly provided in any Act, any questions on which there is a tie vote shall be deemed to be lost.
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(5) |
Abstention from Voting
A failure to vote by way of abstention by a Member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote.
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(6) |
Recorded Vote Any Member may call for a recorded vote immediately before or after the taking of the vote, and in such case each Member shall announce his or her vote openly and the Clerk shall record each vote. A failure to vote by any Member who is present at the meeting at the time of the recorded vote and who is qualified to vote shall be deemed to he a negative vote.
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(7) |
Dividing the Motion When a motion under consideration contains separate and distinct propositions, upon the request of any Member the vote upon each proposition shall be taken separately.
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(8) |
Process of Business Any municipal power, including the Town's capacity, rights, powers and privileges as a natural person under Section 8 of the Municipal Act, 2001, shall be exercised by by-law unless the Town is specifically authorized to do so otherwise.
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| 9. |
RECONSIDERATION |
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(1) |
Motion to Reconsider Any Member of Council who voted in the majority on any question on matter that has been previously decided by Council may, at the same meeting or at a subsequent meeting, make a motion for a reconsideration of the question or matter.
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(2) |
Statement by Council Members The mover of the motion for the reconsideration of any previously decided question or matter shall be permitted to make a brief and concise statement of the reason(s) justifying such reconsideration, without in any way debating the content of the matter.
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(3) |
Required 2/3 Majority No discussion on the merits of the question or matter sought to be reconsidered shall take place unless the motion to reconsider is carried by a 2/3 majority vote of Council.
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| 10. |
COMMITTEE OF THE WHOLE |
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(1) |
Meetings |
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A meeting of the Committee of the Whole is a meeting of Council that is closed to the public if the subject matter being considered at that meeting relates to: |
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(a) |
the security of the properly of the Town
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(b) |
personal matters about an identifiable individual, including municipal employees;
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(c) |
a proposed or pending acquisition or disposition of land by the Town;
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(d) |
employee negotiations or labour relations;
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(e) |
litigation or potential litigation including matters before administrative tribunals, affecting the Town;
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(f) |
advice that is subject to solicitor/client privilege, including communications necessary for that purpose;
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(g) |
a matter in respect of which Council has been authorized to hold a closed meeting under any Act;
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(h) |
if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act.
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(i) |
if the meeting is held for the purpose of educating or training Council and, at that meeting, no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council.
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(2) |
Resolution |
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Before all or part of a meeting is to be closed to the public, Council shall state by resolution the fact of the holding of a meeting of the Committee of the Whole and the general nature of the matter to be considered at the closed meeting.
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(3) |
Committee of the Whole Agenda |
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The Clerk shall prepare a separate Committee of the Whole agenda for items that are to be dealt with by the Committee of the Whole.
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(4) |
Taking the Vote |
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A meeting of the Committee of the Whole may remain closed to the public during the taking of a vote if the vote is for a procedural matter or for giving directions or instructions to officers, employees, or agents of the Town or persons retained by or under contract with the Town.
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| 11. |
SPECIAL COMMITTEES |
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(1) |
Creating a Special Committee
By resolution of Council, a special committee, a standing committee, a committee of Council or an ad hoc committee (hereinafter called a "Special Committee") may be struck to deal with a specific matter. The resolution of Council shall appoint some of the initial members of the Special Committee, which members may then appoint additional members onto the Special Committee. The members of the Special Committee shall then name a committee chairperson. Such Committees may consist of one or more Council Members and other individuals as confirmed by Council resolution.
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(2) |
Mayoral Membership
The Mayor is a member, ex officio, of all Special Committees.
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(3) |
Meetings
It shall be the responsibility of the Chair of the Special Committee to convene all meetings of that Committee.
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(4) |
Delegation of Hearings |
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(a) |
If Council is required by law to hold a hearing or give to interested parties an opportunity to be heard before doing any act, passing a By-law or making a decision, Council may delegate that responsibility to a committee of Council. If the committee of Council holds a hearing or gives interested parties an opportunity to be heard, Council is not required to do so.
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(b) |
The committee of Council shall provide its recommendations to Council, after which Council may pass the By-law or make the decision.
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(c) |
If the decision to be made by Council on any matter is a statutory power of decision within the meaning of the Statutory Powers of Procedure Act, that Act applies to the committee of Council and to the hearing conducted by it, save and except sections 17, 17.1 18 and 19.
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(5) |
Reporting to Council
Unless otherwise specified in the resolution setting up the Special Committee, the Chair of the Special Committee shall bring a report of the committee's findings or recommendation to the next regularly scheduled Council meeting. If given power to act, a report of such action shall he given to Council at its next regular meeting.
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(6) |
Council Action
Unless a Special Committee is specifically given power to act in the resolution creating it, its recommendations must be approved, amended, or otherwise dealt with at a subsequent Council meeting.
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(7) |
Terms of Reference
A Special Committee may consider only such matters as have been referred to it by Council. The Special Committee is not at liberty to consider business outside of its terms of reference.
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(8) |
Quorum
All Special Committees must have at least one Member of Council present at the Committee meeting for a quorum to be constituted.
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(9) |
Absenteeism
If a Member of Council is absent from the meetings of a Special Committee for three successive months without being authorized to do so by a resolution of Council, that Member shall he removed from the Special Committee.
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| 12. |
GENERAL |
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(1) |
Members Policy Package
Following a regular election, bi-election or the appointment of a new Councilor, the Clerk shall provide each Member of Council or the new Councilor, with a copy of this by-law, and all other policies and procedures including any amendments thereto which relate to the duties of Members.
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(2) |
Suspending a Section or Subsection
Any section or subsection under this by-law that is discretionary, and not mandatory under provincial or federal statute, may be suspended for consideration of an item with the consent of a two-thirds majority of the Members present on a motion specifying the section or subsection proposed to be suspended.
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(3) |
Subordination of By-Law
In the event there is a conflict between any of the provisions of this by-law and any Federal or Provincial law, the conflicting provisions of this by-law enacted by Council are subordinate to the laws of Canada and those of the Province of Ontario.
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(4) |
Amendment or Repeal No amendment or repeal of this by-law or any part thereof shall be considered at any meeting of Council unless notice of the proposed amendment or repeal is given in accordance with the Municipal Act, 2001.
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(5) |
Official Devices
The crest and seal impression shown on Schedule "A" attached hereto shall be the official crest and seal of the Town.
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(6) |
Repeal of By-law 6125
By-Law No. 6125 of the Corporation, finally passed the 12" day of March, 2002, be and the same is hereby repealed.
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Effective Date
This by-law shall come into full force and take effect on the final passage thereof. |
