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Council Procedure Bylaw No. 964, 2012

This page was last reviewed on February 26, 2015.

BYLAW NO. 964

A bylaw to establish the general procedures to be followed by Council and Council Committees in conducting their business.

The Council of the Corporation of the Village of Cumberland, in open meeting assembled, enacts as follows:

PART 1 – INTRODUCTION

  1. This Bylaw may be cited as “The Corporation of the Village of Cumberland Council Procedure Bylaw No. 964, 2012”.
  2. In this Bylaw,

Definitions

“CAO” means a person designed by Council as chief administrative officer for the Village;

“Commission” means a municipal commission established under s.143 of the Community Charter;

“Committee” means a standing, select or other committee of Council, but does not include the Committee of the Whole;

“Corporate Officer” means a person designated by Council as corporate officer for the Village;

“COTW” means the Committee of the Whole Council;

“Council” means the Council of the Village of Cumberland;

“Mayor” means the Mayor of the Village;

“Municipal Office” means the offices of the Corporation of the Village Cumberlandlocated at 2673 and 2675 Dunsmuir Avenue, Cumberland, BC; [Bylaw 976]

“Municipal Web Site” means the information resource found at an internet address provided by the Village;

“Presiding Member” means the Mayor or member of Council that has been designated as the member responsible for acting in the place of the Mayor under section 8;

“Public Notice Posting Places” means thenotice board at the Municipal Office and the Municipal Web Site;

“Village” means the Corporation of the Village of Cumberland.

Application of rules of procedure

(1) The provisions of this Bylaw govern the proceedings of Council, COTW, Commissions and all standing and select committees of Council, including public meetings and public hearings, as applicable.

(2) In cases not provided for under this Bylaw, the current edition of Robert’s Rules of Order Newly Revised apply to the proceedings of Council, COTW and Council committees to the extent that those Rules are:

(a) applicable in the circumstances, and

(b) not inconsistent with provisions of this Bylaw or the Community Charter.

(3) The rules of order set out in this Bylaw are intended to assist the Presiding Member to conduct Council business in an efficient and orderly manner, and may be relaxed or waived at the discretion of the Presiding Member, when deemed appropriate.

PART 2 – COUNCIL MEETINGS

Inaugural meeting

4. (1) Following a general local election, the first Council meeting must be held on the first Monday in December in the year of the election.

(2) If a quorum of council members elected at the general local election has not taken office by the date of the meeting referred to in subsection (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

5. (1) All Council meetings must take place within the Municipal Office except when Council resolves to hold meetings elsewhere.

(2) Regular Council meetings must:

(a) be held a minimum of once per month on designated Mondays in accordance with section 6(1);

(b) begin at 5:30 p.m.;

(c) be adjourned at 9:00 p.m. on the day scheduled for the meeting unless Council resolves to proceed beyond that time in accordance with s. 22; and

(d) when such meeting falls on a statutory holiday, be held on the next day the Municipal Office is open which is not a statutory holiday.

(3) Despite subsection (2), Regular Council meetings may:

(a) be cancelled by Council, provided that two consecutive meetings are not cancelled; or

(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.

Notice of Council meetings

6. (1) In accordance with section 127 of the Community Charter, Council must prepare annually on or before December 18th, 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.

(2) In accordance with section 127 of the Community Charter, Council must give notice annually on or before December 31st of the availability of the schedule of regular Council meetings in accordance with section 94 of the Community Charter.

(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 and Special In Camera meetings

7. (1) Except where notice of a Special Meeting or a Special In Camera Meeting is waived by unanimous vote of all council members under section 127(4) of the Community Charter, a notice of the date, time, and place of a Special Council meeting or Special In Camera Council meeting must be given at least 24 hours before the time of meeting, by:

(a) emailing a copy to each member of council if an email address has been provided,

(b) posting a copy of the notice at the Public Notice Posting Places, and

(c) leaving one copy of the notice for each Council member in the Council member’s mailbox at the Municipal Office.

(2) The notice under subsection (1) must describe in general terms the purpose of the meeting and be signed by the Mayor or the Corporate Officer.

PART 3 – DESIGNATION OF PRESIDING MEMBER

8. (1) Annually in December, Council must from amongst its members:

(a) designate a Councillor, or

(b) designate Councillors on a rotating basis,

to serve 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 subsection (1) must fulfill the responsibilities of the Mayor in his or her absence.

(3) If both the Mayor and the member designated under subsection (1) are absent from the Council meeting, the Council members present must choose a Councillor to preside at the Council meeting.

(4) The member designated under subsection (1) or chosen under subsection (3) has the same powers and duties as the Mayor in relation to the applicable matter.

PART 4 – COUNCIL PROCEEDINGS

Attendance of public at meetings

9. (1) Except where the provisions of section 90 of the Community Charter apply, all Council meetings must be open to the public and no person shall be excluded except for improper conduct.

(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) COTW,

(b) standing and select committees,

(c) parcel tax review panel,

(d) board of variance,

(e) advisory bodies such as advisory planning commission,

(f) Commissions such as parks and recreation commission.

(4) Despite subsection (1), if the Presiding Member considers that any person at the meeting is acting improperly, the Presiding Member may order that the person is expelled from the meeting. Examples of improper conduct include, but are not limited to, speaking out of turn, interrupting others who are speaking, using foul, disrespectful or inappropriate language or gestures, being disruptive, failing to be called to order when requested to do so by the Presiding Member, or otherwise unreasonably interfering with the ability of Council to conduct its business.

(5) If a person who is ordered expelled from the meeting does not leave the meeting, a peace officer may enforce the order under subsection (4) as if it were a court order.

Minutes of meetings

10.(1) Minutes of the proceedings of Council must be:

(a) legibly and accurately recorded,

(b) certified as correct by the Corporate Officer, and

(c) signed by the Mayor or the Presiding Member at the meeting or at the next meeting at which the minutes are adopted.

(2) Subject to subsection (3), and in accordance with section 97(1)(b) of the Community Charter, minutes of the proceedings of Council must be maintained and open for public inspection at the Municipal Office during its regular office hours.

(3) Subsection (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.

Calling meeting to order

11. (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 Presiding Member must take the Chair and call such meeting to order.

(2) If a quorum of Council is present but the Mayor or the Presiding Member do not attend within 15 minutesof the scheduled time for a Council meeting:

(a) the Corporate Officer must call to order the members present, and

(b) the members present must choose a member to preside at the meeting.

Adjourning meeting where no quorum

12. 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, and

(b) adjourn the meeting until the next scheduled meeting.

Agenda

13. (1) Prior to each Council meeting, the Corporate Officer must prepare an agenda setting out all the items for consideration at that meeting, noting in short form a summary for each item on the agenda.

(2) The deadline for Staff and Council reports to the Corporate Officer for inclusion on the Council meeting agenda is 4:30 p.m. on the Tuesday prior to the meeting. Reports and correspondence from committees and/or the Public will be submitted to the CO or CAO, and the CAO or Mayor will determine appropriateness and timing of the item for agenda inclusion.

(3) The Corporate Officer may refuse to include any item from the public that in his or her opinion is offensive or makes derogatory comments about a member of staff, Council or a municipal officer. Such items may, where deemed appropriate by the Corporate Officer, be included in the agenda for the in camera portion of the Council meeting.

(4) The Corporate Officer must make the agenda available to the members of Council and the public by 4:00 p.m. on the Thursday prior to the meeting.

(5) 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 15.

Order of proceedings and business

14. (1) The agenda for all regular Council meetings contains the following matters in the order in which they are listed below, as applicable:

(a) Approval of Agenda;

(b) Adoption of Minutes;

(c) Delegations;

(d) Unfinished Business;

(e) Correspondence;

(f) Reports (including Committees, COTW, Staff and Councillors);

(g) Bylaws;

(h) Consent Calendar;

(i) New Business;

(j) Notices, Motions and Announcements;

(k) Question Period;

(l) Closed Portion;

(m) 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.

Late items

15. (1) An item of business not included on the agenda must not be considered at a Council meeting for inclusion as a late item unless introduction of the late item:

(a) is deemed by the Mayor or Corporate Officer to be time sensitive; and

(b) is approved by Council at the time allocated on the agenda for such matters.

(2) If the Council makes a resolution under subsection (1), information pertaining to late items must be distributed to the members.

Resolutions

16. A resolution may be introduced at a Council meeting only if notice of it has been included in the agenda, or Council resolves to waive this requirement.

Notices, Motions and Announcements

17. Matters considered under Notices, Motions and Announcements may include

(a) notices or motions to hold a meeting of the COTW, a Village Hall meeting, and a public hearing, as required, and

(b) a notice of motion introduced by a council member.

Delegations

18. (1) The Council may allow an individual or a delegation to address Council at the meeting on the subject of an agenda item provided written application has been received by the Corporate Officer by 4:30 p.m. on the Tuesday prior to the meeting. Each address must be limited to 15 minutes unless a longer period is agreed to by Council.

(2) Where written application has not been received by the Corporate Officer as prescribed in subsection (1), an individual or delegation may address the meeting if approved by the unanimous vote of the members present.

(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, committee or advisory body meeting 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.

Consent Calendar

19. (1) A consent calendar shall be comprised of routine and non-controversial matters to be received for information by Council by a single motion.

(2) There shall be no discussion on the items included in a consent calendar unless a member so requests and that matter may be considered

(a) separately under another heading of the regular agenda, or

(b) immediately after the receipt of the consent calendar.

Question period

20. A member of the public may only inquire about items included on the agenda for that meeting during a question period.

Voting at meetings

21. (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;

(e) the Presiding Member’s decision about whether a question has been finally put is conclusive;

(f) whenever a vote of Council on a matter is taken, each member present shall signify their vote by raising their hand; and

(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.

(2) How each member of Council votes on a particular matter will be recorded in the minutes.

Conduct and debate

22. (1) 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.

(2) If a member does not adhere to subsection (1), 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.

Reconsideration

23. (1) In addition to the authority of the Mayor pursuant to section 131 of the Community Charter to require the Council to reconsider and vote again on any matter, a Council member may, subject to subsection (4), 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) 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 Village.

Adjournment

24. The Council may continue a Council meeting after 9:00 p.m. by resolution.

PART 5 – BYLAWS

Copies of proposed bylaws

25. A proposed bylaw may be considered 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

26. A bylaw introduced at a Council meeting must:

(a) be printed;

(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

27. 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

(b) jointly with other proposed bylaws in the sequence determined by the Presiding Member.

Reading and adopting bylaws

29. (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

30. 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 Village’s records for safekeeping and endorse upon it:

(a) the Village’s corporate seal,

(b) the dates of its readings and adoption; and

(c) the date of Ministerial approval or approval of the electorate if applicable.

PART 6 – COMMITTEE OF THE WHOLE

Committee of the Whole meetings

31. (1) Meetings of Committee of the Whole shall be held as determined by Council resolution.

(2) At any time during a regular Council meeting, Council may by resolution go into COTW.

(3) A meeting, other than a standing or select committee meeting, to which all members of Council are invited to consider, but not to decide on, matters of the Village’s business is a meeting of COTW.

Notice for COTW meetings

32. (1) Subject to subsection (2), a notice of the day, hour and place of a COTW meeting must be given at least 24 hours before the time of the meeting by:

(a) posting a copy of the notice at the Public Notice Posting Places; and

(b) leaving a copy of the notice for each Council member in the Council member’s mailbox at the Municipal Office, and

(c) emailing a copy to each member of council if an email address has been provided,

(2) Subsection (1) does not apply to a COTW meeting that is called, in accordance with this bylaw, during a Council meeting for which public notice has been given under this bylaw.

Minutes of COTW meetings

33. (1) Minutes of the proceedings of COTW must be:

(a) legibly and accurately recorded,

(b) certified by the Corporate Officer,

(c) signed by the member presiding at the meeting, and

(d) maintained and open for public inspection at the Municipal Office during its regular office hours.

Calling a meeting to order

34. (1) As soon after the time specified for a COTW 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 Presiding Member must take the Chair and call such meeting to order.

(3) If a quorum of the COTW is present but the Mayor or the Presiding Member do not attend within 15 minutesof the scheduled time for a Council meeting:

(e) the Corporate Officer must call to order the members present, and

(f) the members present must choose a member to preside at the meeting.

Order of proceedings and business

35. (1) The agenda for all regular COTW meetings shall contain the following matters in the order in which they are listed below:

(a) Approval of agenda;

(b) Approval of minutes;

(c) Delegations and Question Period;

(e) Committees – Minutes, Reports and Recommendations;

(f) Reports – Staff, Councillors

(g) Correspondence

(h) New Business

(j) COTW Recommendations to Council

(i) Question Period

(k) Adjournment.

PART 7 – COMMITTEES AND COMMISSIONS

Duties of standing committees

36. (1) Standing committees must be appointed by the Mayor in accordance with the Community Charter, Section 414; and must consider, inquire into, report and make recommendations to Council about all of the following:

(a) matters that are related to the general subject indicated by the name of the committee;

(b) matters that are assigned by Council;

(c) matters that are assigned by the Mayor;

(2) Standing committees must report and make recommendations to Council at all of the following times:

(a) in accordance with the schedule of the committee’s meetings;

(b) on matters that are assigned by Council or the Mayor,

(i) as required by Council or the Mayor, or

(ii) at the next Council meeting if the Council or Mayor does not specify a time.

Duties of select committees

37. (1) Select committees must be appointed by Council in accordance with the Community Charter, Section 142; and must consider, inquire into, report and make recommendations to Council about the matters referred to the committee by the Council.

(2) Select committees must report and make recommendations to Council at the next Council meeting unless Council specifies a different date and time.

Schedule of meetings

38. (1) At its first meeting after its establishment a standing committee, select committee or commission must establish a regular schedule of meetings.

(2) The chair may call a meeting of the committee or commission in addition to the scheduled meetings or may cancel a meeting.

Notice of meetings

39. (1) Subject to subsection (2), after the committee or commission has established the regular schedule of meetings, including the times, dates and places of the meetings, notice of the schedule must be given by:

(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 or commission.

(2) Where revisions are necessary to the annual schedule of 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 meeting.

(3) The chair must cause a notice of the day, time and place of a meeting called under section 38(2) to be given to all members at least 12 hours before the time of the meeting.

Attendance at meetings

40. Council members who are not members of a committee or commission may attend the meetings of the committee or commission.

Minutes of meetings

41. Minutes of the proceedings of a committee and commission must be:

(a) legibly and accurately recorded,

(b) certified by the Corporate Officer,

(c) signed by the chair or member presiding at the meeting, and

(d) maintained and open for public inspection at the Municipal Office during its regular office hours.

Quorum

42. The quorum for a committee or commission is a majority of all of its members.

Conduct and debate

43. (1) The rules of the Council procedure must be observed during committee and commission meetings, so far as is possible and unless as otherwise provided in this Bylaw.

(2) Council members attending a meeting of a committee or commission, of which they are not a member, may participate in the discussion only with the permission of a majority of the committee members present.

Voting at meetings

44. Council members attending a meeting of a committee or commission of which they are not a member must not vote on a question.

PART 8 – GENERAL

45. 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 does not affect the validity of the remaining portions of this bylaw.

46. This bylaw may not be amended or repealed and substituted unless Council first gives notice in accordance with section 94 of the Community Charter.

47. “The Corporation of the Village of Cumberland Council Procedure Bylaw No. 859, 2007” as amended is repealed.

read a first time this 11th day of June 2012.

read a second time this 11th day of June 2012.

read a third time this 11th day of June 2012.

adopted this 25th day of June 2012.

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