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HomeMy Public PortalAboutCouncil Procedure Consolidated Bylaw 1364 Council Procedure Bylaw 1364 CONSOLIDATED FOR PUBLIC CONVENIENCE (Includes updates to March 2022) The text of Council Procedure Bylaw 1364 has been amended by the following: Bylaw 1364.01 Adopted February 22, 2021 Electronic meeting participation, Consent agenda, Order of Business Bylaw 1364.02 Adopted March 14, 2022 Electronic Meetings, Order of Proceedings 2 TOWN OF OLIVER BYLAW 1364 A BYLAW TO REGULATE THE MEETINGS OF COUNCIL AND THE CONDUCT THEREOF WHEREAS under section 124 of the Community Charter Council must establish procedures to be followed for the conduct of its business; NOW, THEREFORE, the Council of the Town of Oliver in open meeting assembled, ENACTS AS FOLLOWS: The Municipal Council of the Town of Oliver enacts as follows: PART 1 – INTRODUCTION Title This Bylaw may be cited for all purposes as "Town of Oliver Council Procedure Bylaw 1364”. Definitions 1. In this Bylaw unless the context requires otherwise: “Acting Mayor” means the Councillor designated to act in the place of the mayor when the mayor is absent or otherwise unable to act or when the office of the mayor is vacant; “Closed Meeting” means a meeting that is closed to the public in accordance with Sections 90 and 92 of the Community Charter; “Town” means the Town of Oliver; "Town Hall" means Oliver Town Hall office located at 6150 Main Street, Oliver, British Columbia; “Town Web Site” means the information resource found at an internet address (www.oliver.ca) provided by the Town; "Committee" means a standing, select, or other committee of Council established under Section 143 of the Community Charter, but does not include Committee of Whole; 3 “CoW” means the Committee of the Whole of Council; “Corporate Officer” means the person responsible for Corporate Sevices as set out under Section 148 of the Community Charter; “Council” means the Council of the Town of Oliver; “Council Chambers” means the location at 6173 Kootenay Street, Oliver, British Columbia; “Mayor” means the mayor of the Town; “Member” means a member of the Council; “Public Notice Posting Places” means the notice board at Town Hall and the Town Website; “Water Councillor” means an elected representative to Council as provided for in Order- In-Council No. 1870 to serve those customers, both in Town and in the rural area to the Town of Oliver Water System. Application of Rules of Procedure 2. (1) The provisions of this Bylaw govern the proceedings of Council, Committee of the Whole and all standing and select committees of Council, as applicable. (2) In cases not provided for under this Bylaw, The New Robert's Rules of Order, apply to the proceedings of Council, Committee of the Whole, and Council committees to the extent that those Rules are: (a) applicable in the circumstances, and (b) inconsistent with provisions of this Bylaw or the Community Charter. PART 2 – COUNCIL MEETINGS Inaugural Meeting 3. (1) Following a general local election, the first Council meeting must be a day in the first 10 days of November in the year of the election. 4 (2) If a quorum of council members elected at the general local election 3(1), the first Council meeting must be called by the Corporate Officer and held as soon as reasonably possible after a quorum has taken office. Time and Location of Meetings 4. (1) All Council meetings must take place within Council Chambers except when Council resolves to hold meetings elsewhere. (a) Corporate Officer to post notice of the alternative location at least 24 hours prior to the time of the meeting. (b) Public Hearings will be scheduled prior to the Regular Council meeting start time on an as needed basis. (2) Regular Council meetings must: (a) be held on the second and fourth Monday of each month; (b) begin at 7:00 pm; (c) be adjourned at 10:00 pm on the day scheduled for the meeting, unless by majority vote, to proceed beyond that time; (d) be adjourned 4 hours following the start time of a Special Council meeting, unless by majority vote, the Council members decide to extend the time of adjournment; (e) when such meeting falls on a statutory holiday, be held on the next day Town Hall is open following which is not a statutory holiday; (f) be held on an alternate Monday when a Council meeting occurs during a week in which the FCM, UBCM or SILGA annual conferences are held. (3) Regular Council meetings may: (a) be cancelled by Council, provided that two consecutive meetings are not cancelled; (b) be postponed to a different day, time and place by the Mayor, provided the Corporate Officer is given at least 2 days’ written notice. 5 Notice of Council Meetings 5. (1) In accordance with section 127 of the Community Charter Council must prepare annually a schedule of the dates, times and places of regular Council meetings and must make the schedule available to the public by posting it at the Public Notice Posting Places and the Town website. (2) Council must give notice annually, in accordance with Section 94 of the Community Charter, of the time and duration that the schedule of Regular Council meetings is available to the public. (3) Where revisions are necessary to the annual schedule of regular Council meetings, the Corporate Officer must, as soon as possible, post a notice at the Public Notice Posting Places which indicates any revisions to the date, time and place or cancellation of a Regular Council meeting. Notice of Special Meetings 6. (1) Except where notice of a special meeting is waived by unanimous vote of all council members under section 127(4) of the Community Charter, a notice of the date, hour, and place of a special Council meeting must be given at least 24 hours before the time of meeting, by: (a) posting a copy of the notice at the Public Notice Posting Places, and the Town website; (b) leaving one copy of the notice for each Council member in the Council member’s mailbox at Town Hall, or provide said notice to each member of Council via e-mail. (2) The notice under subsection 6(1) must describe in general terms the purpose of the meeting and be signed by the Mayor or the Corporate Officer. Annual Municipal Report 7. (1) In accordance with Section 99 of the Community Charter, the Council must annually consider the Annual Municipal Report. The Corporate Officer must give notice, in accordance with Section 94 of the Community Charter, of the date, time and place when Council will consider: (a) the annual report prepared under Section 98 of the Community Charter ; (b) submissions and questions from the public. 6 Electronic Meetings 8. (1) Provided the conditions set out in subsection 128, 128 (1), 128(2) and 128(3) of the Community Charter are met: a. a regular council meeting, special council meeting, or council committee meeting may, upon authorization of the Mayor, be conducted by means of electronic or other communication facilities; b. a member of Council or a Council committee who is unable to attend at a Council meeting or a Council committee meeting, as applicable, may participate by means of electronic or other communication facilities. (2) The facilities must enable the meeting’s participants to hear, or watch and hear, each other. (3) Except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the meeting at the specified place, with a designated municipal officer in attendance. (4) The Council member presiding at a Special Council or Council Committee meeting must not participate electronically Recording Devices 9. (1) Recording devices are permitted at Regular, Special and Committee meetings of Council. (2) Recording devices are not permitted at Closed meetings of Council unless approved by an affirmative vote of a majority of the members present at the meeting. PART 3 - DESIGNATION OF MEMBER TO ACT IN PLACE OF MAYOR 10. (1) Council must, on an annual basis, from amongst its members, designate Councillors to serve on a rotating basis as the member responsible for acting in the place of the Mayor when the Mayor is absent or otherwise unable to act or when the office of the Mayor is vacant. (2) Each Councillor designated under section 10(1) must fulfill the responsibilities of the Mayor in his or her absence. Amended by 1364.01 February 22, 2021 Amended by 1364.02 March 14, 2022 7 (3) If both the Mayor and Acting Mayor are absent from a Council meeting, the members present must choose a member to preside. (4) Other than at a Council meeting, if both the Mayor and the Acting Mayor are absent or otherwise unable to act, the member next in succession on the rotating roster established under 10(1) shall be the Acting Mayor. (5) The member designated as Acting Mayor has the same powers and duties as the Mayor. PART 4 – COUNCIL PROCEEDINGS Attendance of Public at Meetings 11. (1) Except where the provisions of section 90 of the Community Charter apply, all Council meetings must be open to the public. (2) Before closing a Council meeting or part of a Council meeting to the public, Council must pass a resolution in a public meeting in accordance with section 92 of the Community Charter. (3) This section applies to all meetings of the bodies referred to in section 93 of the Community Charter, including without limitation: (a) Committee of the Whole; (b) standing and select committees; (c) board of variance. (4) Notwithstanding subsection 11(1), the Mayor or the Acting Mayor may expel or exclude from a Council meeting a person in accordance with section 133 of the Community Charter. Calling Meeting to Order 12. (1) As soon after the time specified for a Council meeting as there is a quorum present, the Mayor, if present, must take the Chair and call the Council meeting to order, however, where the Mayor is absent, the Councillor designated as the member responsible for acting in the place of the Mayor in accordance with section 10 must take the Chair and call such meeting to order. 8 Adjourning Meeting Where No Quorum 13. (1) If there is no quorum of Council present within 15 minutes of the scheduled time for a Council meeting, the Corporate Officer must: (a) record the names of the members present, and those absent; (b) adjourn the meeting until the next scheduled meeting. Agenda 14. (1) Prior to each Council meeting, the Corporate Officer must prepare an Agenda setting out all the items for consideration at that meeting. (2) The deadline for the public to submit items to the Corporate Officer for inclusion on the Council Meeting Agenda must be 12:00 noon on the Wednesday prior to the meeting. (3) Regular Council agendas will be made available to Council members and the public on the Thursday at 4:30 p.m. prior to the meeting; Special Council agendas will be available to Council members and the public 48 hours prior to the meeting. (4) Council must not consider any matters not listed on the Agenda unless a new matter for consideration is properly introduced as a late item pursuant to section 16. 9 Order of Proceedings and Business 15. (1) The agenda for all regular Council meetings contains the following matters in the order in which they are listed below: (a) Call to Order (b) Introduction of Late Items (c) Adoption of the Agenda (d) Rise and Report (e) Consent Agenda (f) Adoption of the Minutes (g) Business Arising Out of Prior Minutes (h) Committee Reports (i) Delegations & Petitions (j) Water Matters (k) Development Permit/Variance Permit (l) Bylaws (m) Business (n) Proclamations (n) Correspondence (o) Reports (p) Upcoming Meetings (q) Public Question Period (r) Adjournment (2) Particular business at a Council meeting must in all cases be taken up in the order in which it is listed on the agenda unless otherwise resolved by Council. (3) The Mayor and the Corporate Officer may vary the order set out in Section 15(1) and delete agenda headings if there is no business under those items. Late Items 16. (1) An item of business not included on the Agenda must not be considered at a Council meeting unless introduction of the late item is approved by Council at the time allocated on the Agenda for such matters. (2) If the Council makes a resolution under section 16(1), information pertaining to late items must be distributed to the members. Amended by 1364.01 February 22, 2021 Amended by 1364.02 March 14, 2022 10 Delegations 17. (1) The Council may, by resolution, allow an individual or a delegation to address Council at the meeting on the subject of an Agenda item provided written application on a prescribed form has been received by the Corporate Officer by 12:00 noon on the Wednesday prior to the meeting. Each address must be limited to 10 minutes unless a longer period is agreed to by the consensus of those members present. (2) Where written application has not been received by the Corporate Officer as prescribed in section 17(1), an individual or delegation may not address the meeting unless Council passes a resolution to hear the delegation. (3) Council must not permit a delegation to address a meeting of the Council regarding a bylaw in respect of which a public hearing has been held, where the public hearing is required under an enactment as a pre-requisite to the adoption of the bylaw. (4) The Corporate Officer may schedule delegations to another Council meeting or advisory body as deemed appropriate according to the subject matter of the delegation. (5) The Corporate Officer may refuse to place a delegation on the agenda if the issue is not considered to fall within the jurisdiction of Council. If the delegation wishes to appeal the Corporate Officer’s decision, the information must be distributed under separate cover to Council for their consideration. Notice of Motion 18. (1) Any Council member may give a "Notice of Motion" respecting an item which he or she intends to present by giving a written copy of such motion to the Corporate Officer: (a) no later than the Wednesday prior to the scheduled Council meeting, or (b) during a meeting of the Council and upon the member being acknowledged by the Mayor and the Notice of Motion being read to the meeting. (2) A copy of the motion presented under Section 18(1) shall appear in the Minutes of that meeting as a "Notice of Motion". The Corporate Officer shall place the motion on the Agenda of the next Council meeting, or other future meeting designated by the member bringing forward the Notice of Motion, for consideration. 11 Minutes of Meetings to be Maintained and Available to Public 19. (1) Minutes of the proceedings of Council must be: (a) legibly recorded; (b) certified as correct by the Corporate Officer; and (c) signed by the Mayor or other member presiding at the meeting or at the next meeting at which the minutes are adopted. (2) Subject to subsection 19(3), and in accordance with section 97(1)(b) of the Community Charter minutes of the proceedings of Council must be open for public inspection at Town Hall during its regular office hours. (3) Subsection 19(2) does not apply to minutes of a Council meeting or that part of a Council meeting from which persons were excluded under section 90 of the Community Charter. Voting at Meetings 20. (1) The following procedures apply to voting at Council meetings: (a) when debate on a matter is closed the presiding member must put the matter to a vote of Council members; (b) when the Council is ready to vote, the presiding member must put the matter to a vote by stating: "Those in favour raise your hands.” and then “Those opposed raise your hands.” (c) when the presiding member is putting the matter to a vote under paragraphs (a) and (b) a member must not: (i) cross or leave the room; (ii) make a noise or other disturbance; or (iii) interrupt the voting procedure under paragraph (b) unless the interrupting member is raising a point of order. (d) after the presiding member finally puts the question to a vote under paragraph (b), a member must not speak to the question or make a motion concerning it; 12 (e) the presiding member’s decision about whether a question has been finally put is conclusive; and (f) whenever a vote of Council on a matter is taken, each member present shall signify their vote by raising their hand; (g) the presiding member must declare the result of the voting by stating that the question is decided in either the affirmative or the negative; and (h) Water Councillors are only entitled to vote on water matters. Points of Order 21. (1) Without limiting the presiding member’s duty under section 132(1) of the Community Charter the presiding member must apply the correct procedure to a motion: (a) if the motion is contrary to the rules of procedure in this bylaw; and (b) whether or not another Council member has raised a point of order in connection with the motion. (2) When the presiding member is required to decide a point of order: (a) the presiding member must cite the applicable rule or authority if requested by another Council member; (b) another member must not question or comment on the rule or authority cited by the presiding member under subsection (2)(a); and (c) the presiding member may reserve the decision until the next Council meeting. Conduct and Debate 22. (1) Every Council member who wishes to speak to any question or motion shall raise their hand, wait to be recognized by the Mayor and shall address themselves to the Mayor. (2) Members of Council shall address the Chair as “Mr. Mayor”, “Madam Mayor”, or “Your Worship” or “Mr. or Madam Acting Mayor”, or “Mr. or Madam Chair” as the case may be, and shall refer to each other as “the Mayor” or “Councillor __________”, as the case may be. 13 (3) Members of Staff shall be addressed as Mr., Mrs., or Ms. or else shall be referred to by their official title. (4) Any questions addressed to Staff shall be put through the Mayor to the Chief Administrative Officer who shall refer the matter to the appropriate Staff representative if necessary. (5) When two or more Council members desire to speak at the same time, the Mayor shall name the member who shall have the floor. (6) Members speaking at a Council meeting: (a) must use respectful language; (b) must not use offensive gestures or signs; (c) must speak only in connection with the matter being debated; (d) may speak about a vote of Council only for the purpose of making a motion that the vote be rescinded; and (e) must adhere to the rules of procedure established under this Bylaw and to the decisions of the presiding member and Council in connection with the rules and points of order. (7) If a member does not adhere to subsection (6), the presiding member may order the member to leave the member’s seat, and: (a) if the member refuses to leave, the presiding member may cause the member to be removed by a peace officer from the member's seat; and (b) if the member apologizes to the Council, Council may, by resolution, allow the member to retake the member's seat. (8) A member may require the question being debated at a Council meeting to be read at any time during the debate if that does not interrupt another member who is speaking. Motions Generally 23. (1) Every motion must be moved and seconded before it is deemed to be in the possession of Council. (2) The names of those who opposed a motion shall be recorded in the minutes. 14 (3) The names of the members who moved and seconded a motion presented to Council shall not be recorded in the Minutes. (4) A motion that deals with a matter that is not on the agenda of the Council meeting at which the motion is introduced may be introduced with Council’s permission. (5) When a motion is under consideration, no other motion shall be received, except a motion to amend, refer, table or postpone. (6) A motion to refer, table or postpone is not amendable or debatable. (7) Council must vote separately on each distinct part of a question that is under consideration at a Council meeting if requested by a Council member. Motion for the Main Question 24. (1) In this section, "main question", in relation to a matter, means the motion that first brings the matter before the Council. (2) At a Council meeting, the following rules apply to a motion for the main question, or for the main question as amended: (a) if a member of Council moves to put the main question, or the main question as amended, to a vote, that motion must be dealt with before any other amendments are made to the motion on the main question; and (b) if the motion for the main question, or for the main question as amended, is decided in the negative, the Council may again debate the question, or proceed to other business. Amendments Generally 25. (1) A Council member may, without notice, move to amend a motion that is being considered at a Council meeting. (2) An amendment may propose removing, substituting for, or adding to the words of an original motion. (3) A proposed amendment must be reproduced in writing by the mover if requested by the presiding member. 15 (4) A proposed amendment must be decided or withdrawn before the motion being considered is put to a vote unless there is a call for the main question. (5) An amendment may be amended once only. (6) An amendment that has been defeated by a vote of Council cannot be proposed again. (7) A Council member may propose an amendment to an adopted amendment. (8) The presiding member must put the main question and its amendments in the following order for the vote of Council: (a) a motion to amend a motion amending the main question; (b) a motion to amend the main question, or an amended motion amending the main question if the vote under subparagraph (a) is positive; (c) the main question. Reconsideration by Council Member 26. (1) Subject to subsection (5), a Council member may, at the next Council meeting, (a) move to reconsider a matter on which a vote, other than to postpone indefinitely, has been taken, and (b) move to reconsider an adopted bylaw after an interval of at least 24 hours following its adoption. (2) A Council member who voted affirmatively for a resolution adopted by Council may at any time move to rescind that resolution. (3) Council must not discuss the main matter referred to in subsection (1) unless a motion to reconsider that matter is adopted in the affirmative. (4) A vote to reconsider must not be reconsidered. (5) Council may only reconsider a matter that has not (a) had the approval or assent of the electors and been adopted, (b) been reconsidered under subsection (1) or section 131 of the Community Charter (c) been acted on by an officer, employee, or agent of the Town. 16 (6) The conditions that applied to the adoption of the original bylaw, resolution, or proceeding apply to its rejection under this section. (7) A bylaw, resolution, or proceeding that is reaffirmed under subsection (1) or section 131 of the Community Charter is as valid and has the same effect as it had before reconsideration. Privilege 27. (1) In this section, a matter of privilege refers to any of the following motions: (a) fix the time to adjourn; (b) adjourn; (c) recess; (d) raise a question of privilege of the Council; (e) raise a question of privilege of a member of Council. (2) A matter of privilege must be immediately considered when it arises at a Council meeting. (3) For the purposes of subsection (2), a matter of privilege listed in subsection (1) has precedence over those matters listed after it. Reports from Committees 28. (1) Council may take any of the following actions in connection with a resolution it receives from CoW: (a) agree or disagree with the resolution; (b) amend the resolution; (c) refer the resolution back to CoW; (d) postpone its consideration of the resolution. 17 Adjournment 29. (1) A Council may continue a Council meeting after 10:00 p.m. only by an affirmative vote of the Council members present. (2) A motion to adjourn either a Council meeting or the debate at a Council meeting is always in order if that motion has not been preceded at that meeting by the same motion. (3) Subsection (2) does not apply to either of the following motions: (a) a motion to adjourn to a specific day; (b) a motion that adds an opinion or qualification to a preceding motion to adjourn. PART 5 – BYLAWS Copies of Proposed Bylaws to Council Members 30. (1) A proposed bylaw may be introduced at a Council meeting only if a copy of it has been delivered to each Council member at least 24 hours before the Council meeting, or all Council members unanimously agree to waive this requirement. Form of Bylaws 31. (1) A bylaw introduced at a Council meeting must: (a) be printed or distributed by electronic means; (b) have a distinguishing name; (c) have a distinguishing number; (d) contain an introductory statement of purpose; (e) be divided into sections; Bylaws to be Considered Separately or Jointly 32. (1) Council must consider a proposed bylaw at a Council meeting either: (a) separately when directed by the presiding member or requested by another Council member; or 18 (b) jointly with other proposed bylaws in the sequence determined by the presiding member. Reading and Adopting Bylaws 33. (1) The presiding member of a Council meeting may: (a) have the Corporate Officer read a synopsis of each proposed bylaw or group of proposed bylaws, and then (b) request a motion that the proposed bylaw or group of bylaws be read; (2) The readings of the bylaw may be given by stating its title and object. (3) A proposed bylaw may be debated and amended at any time during the first three readings unless prohibited by the Community Charter. (4) Subject to section 882 of the Local Government Act, each reading of a proposed bylaw must receive the affirmative vote of a majority of the Council members present. (5) In accordance with section 135 of the Community Charter Council may give two or three readings to a proposed bylaw at the same Council meeting. (6) Despite section 135(3) of the Community Charter, and in accordance with section 890(9) of the Local Government Act, Council may adopt a proposed official community plan or zoning bylaw at the same meeting at which the plan or bylaw passed third reading. Bylaws Must be Signed 34. (1) After a bylaw is adopted, and signed by the Corporate Officer and the presiding member of the Council meeting at which it was adopted, the Corporate Officer must have it placed in the Town’s records for safekeeping with the following affixed to the bylaw: (a) The Town’s corporate seal; (b) The dates of its readings and adoption; (c) The date of the Public Hearing, if applicable; and, (d) The date of Ministerial approval or approval of the electorate, if applicable. 19 PART 6 - RESOLUTIONS Copies of Resolutions to Council Members 35. (1) A resolution may be introduced at a Council meeting only if a copy of it has been delivered to each Council member before the Council meeting, or all Council members unanimously agree to waive this requirement. PART 7 – COMMITTEES Standing Committees 36. (1) The Mayor at his or her discretion may appoint Standing Committees pursuant to section 141 of the Community Charter. Select Committees 37. (1) A Select Committee is created by Council pursuant to section 142 of the Community Charter for one specific task. 38. (1) A Select Committee shall report its action by providing copies of meeting minutes or reports to Council on a regular basis. 39. (1) Council members will be appointed to Select Committees and may take part in any discussion. Schedule of Committee Meetings 40. (1) At its first meeting after its establishment a standing or select committee must establish a regular schedule of meetings. (2) A Committee may select a Chair at the inaugural meeting through nominations and vote. (3) The chair of a Committee may call a meeting of the Committee in addition to the scheduled meetings or may cancel a meeting. Notice of Committee Meetings 41. (1) After the Committee has established the regular schedule of Committee meetings, including the times, dates and places of the Committee meetings, notice of the schedule must be given by: 20 (a) posting a copy of the schedule at the Public Notice Posting Places; and (b) providing a copy of the schedule to each member of the Committee. Attendance at Committee Meetings 42. (1) Council members who are not members of a Committee may attend the meetings of the Committee. Minutes of Committee Meetings to be Maintained and Available to Public 43. (1) Minutes of the proceedings of a Committee must be: (a) legibly recorded; (b) certified by the Corporate Officer, Quorum 44. (1) The quorum for a Committee is a majority of all of its members. Conduct and Debate 45. (1) The rules of the Council procedure must be observed during committee meetings, so far as is possible and unless as otherwise provided in this Bylaw. (2) Council members attending a meeting of a committee, of which they are not a member, may participate in the discussion only with the permission of a majority of the committee members present. (3) A motion made at a meeting of a committee is not required to be seconded. Voting at Committee Meetings 46. (1) Council members attending a meeting of a Committee of which they are not a member must not vote on a question. PART 8 – GENERAL 47. (1) If any section, subsection or clause of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw. 48. (1) This bylaw may not be amended or repealed and substituted unless Council first gives notice in accordance with section 94 of the Community Charter. 21 Council Procedure Bylaw No. 1074, 2004 is repealed. READ A FIRST TIME THIS 12th day of December, 2016 READ A SECOND TIME THIS 12th day of December, 2016 PUBLIC NOTICE OF THIS BYLAW THIS 28th day of December, 2016 PUBLIC NOTICE OF THIS BYLAW THIS 4th day of January, 2017 READ A THIRD TIME THIS 9th day of January 2017 ADOPTED THIS 23rd day of January 2017 “original signed by Mayor” “original signed by Corporate Officer” ______________________________ ________________________________ MAYOR CORPORATE OFFICER