THE CORPORATION OF THE TOWNSHIP OF STRONG
BY LAW #2007-1545
the Conduct of
its members and the calling of Meetings
WHEREAS pursuant to Section 238(2)
of the Municipal Act,2001, c.25, every
municipality and local board shall pass a procedure by-law for governing the
calling, place and proceedings of meetings, and
WHEREAS pursuant to Section 238 (4)
of the Municipal Act, 2001, c.25, before passing a by-law under subsection (2),
a Municipality and local board shall give notice of passing the Procedural
by-law by way of a notice in the Annual Newsletter.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF STRONG DOES HEREBY ENACT AS FOLLOWS:
1. In this By-law:
a)
Clerk
means the Clerk of the Township of Strong
b)
Council
means the Council of the Township of Strong
c)
Head
means the Mayor of the Township of Strong
2. The Rules and Regulations contained in this by-law Shall Be Observed in all proceedings of the Council and shall be the Rules and Regulations for the dispatch of business by council and its committees
3.
Regular
meetings of Council shall be held in the Council Chambers on the Second and Fourth
Tuesday of each month at 5:30 pm. The
Fourth Tuesday is the Public meeting for By-law review.
4.
The
Inaugural Meeting of Council after a regular election shall be held on the
first meeting in December at 5:30 pm
5.
Council
may, by resolution, alter the date and/or time of a regular meeting provided
that adequate notice of the change shall be by placing an ad in the local
paper.
6. Pursuant to
Section 239 (1) of the Municipal Act, 2001, c.25, Except as provided in section
2 ALL MEETINGS shall be open to the
public
239(2) Exceptions:
A meeting or part of a meeting may be closed to the public if the
subject is:
a)
the
security of the property of the municipality or local board
b)
Personal
matters about identifiable individual, including municipal or board employees
c)
a
proposed or pending acquisition or disposition of land by the municipality or
board
d)
labour
relations or employee negotiations
e)
litigation
or potential litigation, including matters before administrative tribunals,
affecting the municipality or board
f)
advice
that is subject to solicitor-client privilege, including communications necessary
for that purpose
g)
a
matter in respect of which a council, board, committee or other body may hold a
closed meeting under another act
h)
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 the head of an institution for the purposes of that
Act.
Section 239(4) Before holding a meeting or part of a meeting that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution,
a)
the
fact of the holding of the closed meeting; and
b)
the
general nature of the matter to be considered at the closed meeting
Subject to Section 239(6), a meeting shall not be
closed to the public during the taking of a vote
Despite Section 244, a meeting may be closed to the
public during a vote if
a)
subsection
(2) permits or requires the meeting be closed to the public, and
b)
the
vote is for a procedural matter or for giving directions or instructions to
officers, employees or agents of the municipality, local board or committee of
either of them or persons retained by or under a contract with the municipality
or local board.
Section 240 (a) The head of
council may at any time call a special meeting; and
(b) upon receipt of a petition of the majority of
the members of council, the clerk shall call a special meeting for the purposes
and at the time mentioned in the petition
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8.
Head of Council except where otherwise
provided, shall preside at all meetings of council and call the members to
order
9.
Power to expel The head of council or
other presiding officer may expel any person for improper conduct at a meeting
10.
Absence of head A municipality may by
by-law or resolution appoint a member of council to act in the place of the
head of council when the head of council is absent or refuses to act or the
office is vacant and while so acting such member has all the powers and duties
of the head of council.
11.
Voting except as otherwise
provided, every member of council shall have one vote
12.
Open Voting except as provided in
Section 233, no vote shall be taken by ballot or by any other method of secret
voting and every vote so taken is of no effect.
13.
Tie Vote any question on which
there is a tie vote shall be deemed to be lost, except where otherwise provided
in any Act
14.
Recorded Vote if a member present at a
meeting at the time of a vote requests immediately before or after the taking
of the vote that the vote be recorded, each member present, except a member who
is disqualified from voting by any ACT, shall announce his or her vote openly
and the clerk shall record each vote.
15.
Failure to Vote 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.
16.
BY-LAWS the By-laws and resolutions
of a municipality shall be passed in English Only.
17.
OFFICIAL PLAN adopted by the municipality
shall be in English Only
18.
PROCEEDINGS of every council and every
committee of council may conduct its proceedings in English only.
19.
Minutes the minutes of
proceedings shall be kept in English only.
20.
Seal Every by-law shall be
under the seal of the corporation and shall be signed by the Clerk and the Head
of council or presiding officer at the meeting at which the by-law was
passed. The by-law can be sealed at any
time in order to validate the by-law.
21.
NOTICE when required to give
Notice under a provision of this ACT, the municipality shall, except as
otherwise provided, give the notice in a form and manner and the times that the
council considers adequate to give reasonable notice under the provision: Council determines that unless otherwise
directed NOTICE PROVISION FOR THE
TOWNSHIP OF STRONG SHALL BE: Notice
will be in the newsletter insert with the Tax Bill and on the Web Page.
22.
Hearings: If a council is required by
law to hold a hearing or a public meeting before doing an act, passing a by-law
or making a decision, the council may delegate that responsibility to a
committee of council.
23.
Action of Council: - The committee shall
provide its recommendations to council after which council may pass the by-law
or make the decision No further
hearings/public meetings are required.
24.
Proceedings If the decision to be made
by council on a matter is a statutory power of decision within the meaning of
the Statutory Powers Procedures Act, the
hearing must be conducted by this act.
25.
The Head of Council duties
is:
1.
to
announce the business before council in the order in which it is to be acted
upon
2.
to
receive and submit in the proper manner all motions presented
3.
to
put to a vote all motions that are moved and seconded and announce the result
4.
to
decline to put to a vote motions that infringe upon the rules of procedure
5.
to
enforce order and decorum among the members and/or guests of council
6.
to
call by name, any member persisting in a breach of the rules of order
7.
to
authenticate by signature all by-laws; resolutions and minutes of council
8.
to
inform council, when necessary, on a point of order
9.
to
select the members of council who are to serve on Committees of Council
10.
to
represent and support Council in all its decisions in all things
11.
to
ensure that Decisions of Council are in conformity with the governing by-laws
12.
to
determine manner of declaring decision on a vote show of hands, voice, etc
13.
to
adjourn the meeting, without question, in the case of grave disorder arising in
the Council Chamber
14.
to
order any individual or group in attendance to cease and desist any behaviour
that disrupts the order and
decorum of the meeting and to order the individual or group to vacate the
council chambers where such behaviour persists.
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26.
a) The Clerk shall prepare
the agenda for council and committee meetings as assigned
b) The
Agenda and supporting material shall be available by the Friday prior to the
meeting
c)
Individuals
or groups wishing to appear before council shall advise the clerk not later
than 3:30 pm on the Thursday prior to the meeting, and the clerk may determine
deferral to a subsequent meeting.
d)
Written
reports of Department Heads shall be made by the Monday before the meeting
e)
Agenda
material shall be listed as follows and may be modified from time to time:
1. Delegations 10.
By-laws introduce
2. Minutes of previous meetings 11. By-law enactment
3. Business arising from minutes 12. Correspondence
4.Disclosure of Pecuniary Interest 13. Resolution to move into closed
session
5. Payment of Accounts 14. New Business
6. Petitions of Council 15. Resolution go past curfew
of 9:30 pm
7.Staff Reports 16.
Adjournment
8.Motions
9. Notice of Motions
f)
The
Business of the Council shall be taken up in the order as listed on the agenda
unless otherwise decided by the Head or Presiding Officer
27.
QUORUM Generally Three members of council
constitutes a quorum.
28.
Curfew Council and Committee meetings
shall stand adjourned at 9:30 pm unless a resolution of council has been passed
to extend the curfew
29.
Conduct of Members of
Council and Guests shall not:
1.
Use
Recording Devices at the Council or Committee meetings as they are PROHIBITED
2.
Use
offensive language against the Council, Staff or Guest
3.
Disturb
the Speaker or Assembly by disorderly conduct
4.
Speak
on any subject other than the subject in debate
5.
Resist
the Rules of Council or a decision of the Head on the Rules of Council
6.
Leave
a meeting without first obtaining permission from Head
7.
be
permitted to retake their seat after being ordered to vacate the chambers
without making an apology to council
-interrupt the member who
has the floor except to raise a point of order
-allowed to address council or speak in debate without permission of the
Head
8.
introduce
a motion unless council agrees on a majority vote to dispense with notice
9.
second
a motion before a motion is voted upon and is recorded in the minutes
10.
present
a motion in writing before it is accepted, read and voted upon or amended
11.
withdraw
a motion - Once the motion is read by the Head, it may not be withdrawn without
consent of a majority of members
12.
speak
more than once to the same question or motion without consent of the Head
13.
address
council unless through the chair and only when recognized to do so unless
otherwise authorized by the Head
14.
introduce
a motion to a) refer a motion; b) to amend a motion c) defer a motion unless in
writing without the consent of a majority of members
29 a MOTIONS
-The Clerk or other officer may present a motion in
writing with consent of council
-Council may employ a confirming resolution or
by-law immediately prior to adjournment for the purpose of validating decisions or direction given
that is not set out in a by-law or resolution.
30.
Point of Order and Privilege
The Head
shall preserve order and decide on questions of order
and council, if appealed to, shall decide the
question without debate and the decision is final.
31.
BY-LAWS No by-law shall be presented
to council unless the subject matter has been considered and approved by council.
-
Every
by-law shall be introduced, specifying the title of the by-law at a Public
Meeting held on the 4th Tuesday of the Month, Every by-law shall be
in typewritten form and available 14 days prior to the Public meeting. This constitutes the First Reading of the
Draft By-law. Any by-law may be referred to:
committee, department head, or solicitor for review or comment during
first and second readings
-
The
second reading of a draft by-law shall be decided with amendment if required
-
Every
by-law shall be given three readings before enacting the by-law by Resolution
-
Upon
passage, by-laws shall be numbered, signed by the Head and Clerk and Sealed
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32.
GENERAL When the Head is absent on a
temporary basis, under no circumstances shall the council make a decision
regarding Capital Spending unless provision for the capital spending is
included in the estimates for that given year as approved by by-law or unless
the expenditure is required as a result of an emergency.
-
Following
an Election, the Clerk shall provide each member of Council with a copy of this
Procedural by-law, including any amendments thereto.
-
Any
procedure under this by-law that is discretionary may be suspended with consent
of a majority of the members present.
33.
Conflict of Interest In all matters and under
all circumstances, the Members of Council shall be guided by and shall have
regard to the Municipal Conflict of Interest Act, or its successors.
34.
Delegations: - Individuals or groups
that are listed on the Agenda shall be limited to no more than a 15 minute
presentation except if the group is more than 5 persons then 2 speakers shall
be limited to 10 minutes each.
35.
Repeal by-law #2002 - 1457
READ A FIRST TIME THIS 22ND
DAY OF MAY 2007
READ A SECOND TIME THIS 22nd
DAY OF MAY 2007
READ A THIRD TIME AND
FINALLY PASSED ON A MOTION BY Vi
Montpetit
SECONDED BY Chris Ellis THIS 22nd DAY OF MAY 2007
Stephen R.
Rawn, Mayor
Diana Georgie,
Clerk
copy of by-law #2007-1545
enacted in open council
this 22nd day of May 2007