By-law 3-2015 proceeding and conduct of Council

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RURAL MUNICIPALITY OF ROSEDALE

BY-LAW 3-2015

Being a by-law to govern the proceedings and conduct of the Council of The Rural Municipality of Rosedale and the committees thereof.

WHEREAS Section 149 (1) of The Municipal Act provides that a council must establish by by-law rules of procedure and review the bylaw at least once during its term of office.

THEREFORE BE IT RESOLVED that the council of The Rural Municipality, in open meeting assembled enacts as follows:

SECTION 1    Title

1.1         This by-law shall be known as “The Rural Municipality of Rosedale Procedures By-law”.

 

  • The following rules and regulations shall be observed in council, and in all committees thereof.        Whole Council”                             meeting sitting as a committee“Council”                                      means the duly elected Reeve and the Councillors of the Rural Municipality of Rosedale.“Council Meeting”                         means a regular meeting or special meeting of the council, but does not include a public hearing held by the council.“In Camera”                                  means in private or to the exclusion of the public.“Members”                                    means, when referring to the council, the Councillors and the Reeve.“General Holiday”                        means each Saturday and Sunday, and includes such days as New Years Day, Louis Riel Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day declared a holiday by the Provincial or Federal Government.SECTION 3    Suspension           3.1         Any rule contained in this by-law may be suspended by a vote of the majority of the members present, except in cases where the Act or by this by-law, some other vote is required.SECTION 4    Council Inaugural Meeting           4.1         Following a general election, the Reeve must call the Organizational Meeting of Council within 30 days, and the meeting shall be held at 10:00 a.m. and be held in the council chambers of the Rural Municipality of Rosedale.           4.2         Council must at its Organizational Meeting review the Procedures and Organizational by-laws.SECTION 5    Quorum           5.1         A majority of the members of council constitutes a quorum. A quorum of council for the Rural Municipality of Rosedale shall be 4 members.           5.2         If a position on council is vacant, the quorum will be the majority of the remaining members of council, provided that the minimum number for a quorum cannot be less than 3 members. In the case of a council committee, the minimum number for a quorum is 2.           5.3         Lack of quorum – If no quorum is present within 30 minutes after the time scheduled for a meeting, the council shall stand adjourned, and the C.A.O. shall enter into the minutes the names of the members present at the meeting.SECTION 6    Communication Facility           6.1         Any member of council participating in a meeting of council by means of a communication facility shall do so only with prior approval of council and on terms and conditions set by council.           6.2         Members of council participating in a meeting of council by means of a communication facility are deemed to be present at the meeting.                            

 

    1.            7.4         In preparing the council agenda, the C.A.O. shall state the business for consideration in accordance with the following order of business:
    2.            7.3         Items may be added to the agenda at a regular meeting of council by a majority vote of the members present, prior to adopting the final agenda for the regular meeting of council.
    3.            7.2         All items to be placed on the agenda of the next regular meeting of council must be provided to the C.A.O. no later than 12:00 noon of the day proceeding the scheduled time of the regular meeting of council each month.
    4.            7.1         A draft agenda of each regular meeting of council, as prepared by the C.A.O., together with copies of the supporting materials shall be available to the members of council at least 48 hours preceding the meeting of council.
    5. SECTION 7    Agenda
    6. Committee of the                          means a committee of all members present at a council
    7. Committee”                                  means a committee or other body established under The Rural Municipality of Rosedale Organizational By-law, but does not include a committee of the whole council or Local Urban District.
    8. Chair”                                          means the person presiding at the meeting of council or committee of council.
    9. C.A.O.”                                        means the Chief Administrative Officer of the municipality.
    10. Act”                                              means the Municipal Act S.M. 1996, c. 58 – Cap.
    11. Agenda”                                       means the agenda for a regular or special meeting of council or committee of council.
    12.             2.1       Words and terms in italics in this by-law shall have the following meanings:
    13. SECTION 2    Definitions
    14.  
  1. Call to order.
  2. Adoption of the Agenda.
  3. Financial Statement.
  4. Confirmation of Minutes.
  5. Delegations.
  6. By-laws.
  7. Correspondence.
  8. Accounts.
  9. New Business.
  10. Unfinished Business.
  11. Committee Reports.
  12. Open Discussion.
  13. Notice of Motion.
  14. Adjournment.

 

7.5         Notwithstanding the provisions under Section 9.4, it shall always be in order for the council to vary the order in which business on the agenda shall be dealt with by a majority vote of the members present.

 

SECTION 8    Regular Meetings

 

8.1         Regular meetings of council shall be held on the second Friday of each month in the Council Chambers of the Rural Municipality of Rosedale at the hour of 10:00 a.m.  A notice prior to the first council meeting each year shall be posted in the Municipal Office outlining the regular meeting schedule for that year.

 

8.2         The council of the Rural Municipality of Rosedale shall hold its regular meetings of council in the council chambers of the Rural Municipality of Rosedale, at Neepawa, Manitoba.  Regular monthly meetings may be held at an alternate location within the Rural Municipality of Rosedale providing that a resolution of council designates such alternate location at the previous regular monthly meeting of council.

 

8.3         All meetings of council shall be chaired by the Reeve, or in his absence, by the Deputy Reeve.  If the Reeve or Deputy Reeve is not present at the time scheduled for a meeting, the council may appoint one of its members to chair the meeting.

 

8.4         If the day fixed for a regular meeting of council is a general holiday, the meeting shall be held on the next day following, which is not a holiday at the same time and place.

 

8.5         Council may by proper notification and unanimous agreement by the members of council vary the date and time of a regular meeting as circumstances may require.

 

8.6         Notice of any change of day or time of a regular meeting of council must be posted in the Municipal Office at least 7 days before the regularly scheduled date of the meeting.

 

8.7         At the hour set for a meeting to commence, and providing that a quorum is present, the Reeve shall take the chair and shall call the meeting to order.

 

8.8         The council shall observe a curfew whereby the item on the agenda under discussion at 4:00 p.m., will be the last item dealt with on that day unless by a majority vote, the council decide to extend the time of adjournment.  In any case, only one, one half hour extension is allowed.

 

8.9         Council shall hold it’s meeting openly and no person shall be excluded, except for improper conduct.

 

    1. Despite clause 8.9 of this by-law, council or council committee may close a meeting to the public if:
  1. The members decide during the meeting to meet as a committee to discuss a matter;
  2. The decision and general nature of the matter are recorded in the minutes of the meeting;
  3. The matter to be discussed relates to:
    1. Municipal assistance.
    2. Any employee, including the employee’s salary, duties, benefits and any appraisal of the employee’s performance.
    3. A matter that is in its preliminary stages and respecting which discussion in public could prejudice the municipality’s ability to carry out its activities or negotiations.
    4. The conduct of existing or anticipated legal proceedings.
    5. The conduct of an investigation under, or enforcement of, an Act or by-law.
    6. The security of documents or premises, or
    7. A report of the Ombudsman received by the head of council under clause 36(1) (e) of The Ombudsman Act.           8.11       No resolution or by-law may be passed at a meeting that is closed to the public, except a resolution to re-open the meeting to the public.           8.12       The Chief Administrative Officer shall attend all meetings of the council and act as secretary thereof.           8.13       Any matter before the council may be referred to the next meeting or be tabled with the consent of council, unless determined otherwise by resolution of council. Any matter tabled or referred to the next meeting shall be placed on the agenda of the next regular meeting.SECTION 9    Special Meetings of Council           9.1         A special meeting of council of the Rural Municipality of Rosedale may be called at any time by the Reeve, and must be called by the Reeve, if the Reeve receives a written request from at least two members of council, stating the purpose. A copy of the written request must also be served on the C.A.O.           9.2         Should the Reeve not call a special meeting within 48 hours of receiving a written request by two members of council, the C.A.O. must call the meeting in accordance with section 11.3 of this by-law.           9.3         The notice of the special meeting to all members of council may be oral, in electronic or written form, must state the purpose of the meeting and must be provided to the members of council at least 24 hours before the scheduled time of the meeting.           9.4         Should the Reeve be unavailable, the Deputy Reeve may call a special meeting only if requested in writing by 2 members, in accordance with this part.           9.5         Any member of council may waive the right to be given notice by giving written notice to the C.A.O., and having done so, shall be deemed to have been given notice of a special meeting of council.
    1. At a special meeting, no subjects or matters, other than those mentioned in
    2.            11.5       Council may not reconsider or reverse a decision within one year after it is made unless:
    3.            11.4       If an equal number of members vote for and against a resolution or by-law, the resolution or by-law is defeated.
    4.            11.3       The C.A.O. must record in the minutes the name of any member who exercises his right to abstain from voting on any resolution.
    5.            11.2       The minutes of a meeting at which council votes on the third reading of a by-law must show the name of each member present, the vote or abstention of each member, and the reason given for any abstention.
    6.            11.1       A member has one vote each time a vote is held at a council meeting at which the member is present.
    7. SECTION 11  Voting
    8.            10.4       There shall not be a limit to the number of delegations included on the agenda of a council meeting, but the C.A.O. is granted authority to schedule delegations as deemed appropriate.
    9.            10.3       Council shall be allowed to question the delegation to obtain comments or clarification of the matter in question, but no member of council shall infer or give any indication of what council’s decision may be.
    10.            10.2       To allow members of council to prepare for delegations, all presenters shall register with the C.A.O. no later than 12:00 noon of the day preceding the regular meeting of council, and advise the C.A.O. of the topic and scope of the presentation.
    11.            10.1       The chair may limit the time taken by a delegation to 10 minutes. The delegation must appoint a spokesperson.
    12. SECTION 10  Delegations
    13. the notice calling the meeting shall be taken into consideration, unless all members of council are present, and the members unanimously agree by resolution to adding of items to the agenda.
  1. At the same meeting at which the decision is made, all the members who voted on the original resolution are present and agree to reconsider and vote again; or
  2. A member gives written notice to the council, from at least one regular meeting to the next regular meeting, of a proposal to review and reverse the decision.           11.6       When council reconsiders and reverses a decision, the minutes must show only the decision made on reconsideration.           11.7       Any member of council may, prior to the taking of a vote on any question put, require a recorded vote to be taken. The C.A.O. must record in the minutes of the meeting of council the names of the members present and the vote or abstention of each member.SECTION 12  Procedures at Public Hearings           12.1       Each member of council must attend a public hearing called by the council unless the member:
  1. Is excused by the other members from attending the hearing;
  2. Is unable to attend owing to illness; or
  3. Is required under The Municipal Conflict of Interest Act to withdraw from the hearing.           12.2       The chair of the public hearing has the right to limit the time taken by a person to 10 minutes, after which council may wish to ask questions of the person. All questions must be channelled through the chair of the hearing.           12.3       The chair of the public hearing may decline to hear further presentations, questions or objections where he is satisfied that the matter has been addressed at the public hearing.           12.4       The chair of the public hearing may decide which presenters will be heard, if he is satisfied that the presentations are the same or similar.           12.5       The chair of the public hearing may require any person, other than a member of council, who is in the opinion of the chair, conducting himself in a disorderly or improper manner, to leave the public hearing and if that person fails to do so, may cause that person to be removed.           12.6       If a public hearing is adjourned, the council shall provide a public notice of the date, time and place of the continuation of the hearing, unless information is announced at the adjournment of the hearing.SECTION 13  By-laws and Resolutions           13.1       Council may act only by resolution or by-law.           13.2       No motion shall be debated or put unless it is seconded.           13.3       Every proposed by-law must be given three separate readings, and each reading must be put to a separate vote.           13.4       Council may not give a proposed by-law more than two readings at the same council meeting.           13.5       Only the title or an identifying number must be read at each reading of a proposed by-law.           13.6       Each member present at the meeting at which first reading is to take place must be given, or have had, the opportunity to review the full text of the proposed by-law before the by-law receives first reading.           13.7       Each member present at the meeting at which third reading is to take place must, before the proposed by-law receives third reading, be given, or have had, the opportunity to review the full text of the proposed by-law and any amendment passed after first reading.SECTION 14  Head of Council Taking Part in Debate           14.1       If the Chair desires to present or second a motion, or participate in debate, he can do so without leaving the chair.SECTION 15  Conduct           15.1       Every member previous to his speaking may be required to address the chair.           15.2       When two or more members address the chair at the same time, the chair shall name the member who is to speak first.           15.3       When the chair is called on to decide a point of order or practice, he shall do so without comment unless requested to do so.           15.4       When the chair is putting a question, no member shall leave his chair.           15.5       A councillor called to order shall immediately take his seat and come to order.           15.6       Discussion shall be limited to the question in debate.           15.7       Any councillor may require the question or motion of document under discussion to be read for his information at any time during the debate, but not so as to interrupt a councillor while speaking.           15.8       No member shall speak to the question or in reply for longer than 5 minutes without approval of council.           15.9       A motion to adjourn takes precedence over all others and may be moved at any time, but the question cannot be received after another question is actually put and while council is engaged in voting.           15.10     A motion that has been read may be withdrawn at any time before decision or amendment with the permission of the mover and seconder.           15.11     Immediately before putting the question, the chair shall have the privilege of summarizing the debate, but no new matter shall be introduced.           15.12     Where at a council meeting, any person other than a member of council is, in the opinion of the chair, conducting himself in a disorderly or improper manner; the chair may require that person to leave the meeting and if that person fails to do so, may cause that person to be removed.           15.13     Where at a council meeting a member of council is conducting himself in a disorderly or improper manner, the council may, by resolution passed by the majority of the other members present, require the member to leave the meeting, and if the member fails to do so, may cause that member to be removed.

15.14     Persons in the council chambers are not permitted to display signs or placards to applaud participants in debate or to engage in conversation or other behaviours which may disrupt council proceedings.

15.15     Council may limit the number of persons allowed in the council chambers.

15.16     The public and media may audio/video tape meeting proceedings; including public hearings providing that arrangements are made with the C.A.O. at least 24 hours prior to the meeting or public hearing.

15.17     A member must keep in confidence a matter that is discussed at a meeting closed to the public under subsection 152(3) of The Municipal Act, until the matter is discussed at a council meeting conducted in public.

15.18     A member who breaches the requirement of confidentially under subsection 17.17 becomes disqualified from council.

SECTION 16  Conflict of Interest

16.1       When business comes before council at any meeting of council, it is the responsibility of each and every member to disclose any conflict of interest and accordingly, to excuse himself from the meeting without comment.

16.2       Provisions for a member to address the council as a delegation to speak on business that he has a vested interest in will be granted, only if a written request for such representation has been received by the C.A.O. by 12:00 noon the day preceding the meeting.  After addressing the council, the delegation shall remove himself from the council chambers prior to the council making a decision on the business in question.

SECTION 17  Other Provisions

17.1       No member of council shall resist the rules or disobey the decision of the Reeve or Deputy Reeve, in respect to the rules of procedure.

17.2       All points of order and procedure not resolved by rules provided in this by-law shall be resolved by a majority decision of council.

All points or order and procedure not resolved by rules provided in this by-law shall be resolved by a majority decision of council.

By law #3-97 is hereby repealed.

DONE AND PASSED as a by-law of the Rural Municipality of Rosedale duly assembled in the Rosedale Council Chambers, at Neepawa, in the Province of Manitoba, this 13th day of March, A.D. 2015.

_______________________________________

Reeve

_______________________________________

C.A.O.

Read a first time this 13 day of February, A.D. 2015.

Read a second time this 13th day of March, A.D. 2015.

Read a third time this 13th day of March, A.D. 2015.

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