BYLAW - Amend Procedural By law REPEALED BY 5330 11 - 20070508 - 491207C0
-'\own of r!<'//.: THE CORPORATION OF THE TOWN OF AURORA
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By-law Number 4912•07. C
BEING A BY-LAW to Amend Procedural By-law
4835-06. C, a By-law to govern the procedures of the
Council of the Town of Aurora and its Committees and
Boards
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1 Section 1 -Definitions
THAT Section 1.16 be amended to add the following clause:
1.16 "Meeting" means any regular or special or other meeting of a council, of a
local board or of a committee of either of them.
2. Section 2.5 -Special Meetings
THAT Section 2.5 be amended by deleting the existing clause and substituting
therefore the following clause:
2.5 a) the head of Council may at any time call a special meeting; or
b) upon receipt of a petition of the majority of the members of Council, the Clerk
shall call a special meeting for the purpose and at the time mentioned in the
petition.
3. Section 2. 7 -Notice of Meetings Provided to the Public
That Section 2.7 (a) be amended by deleting the following words:
"beginning with a 20 minute Open Forum if necessary as determined by Council"
4. Section 2.8-Open Meetings Exceptions
THAT Section 2.8 be amended by deleting the existing clause and substituting
therefore the following clause:
2.8 (1)
(2)
a)
b)
c)
d)
e)
f)
g)
Except as provided in this section, all meetings shall be open to the public.
A meeting or part of a meeting may be closed to the public if the subject
matter being considered is:
the security of the property of the municipality or local board;
personal matters about an identifiable individual, including municipal or
local board employees;
a proposed or pending acquisition or disposition of land by the
municipality or local board;
labour relations or employee negotiations;
litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
advice that is subject to solicitor-client privilege, including communications
necessary for that purpose; and
a matter in respect of which a council, board, committee or other body
may hold a closed a meeting under another Act.
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(3) A meeting shall be closed to the public if 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.
(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.
(5) Subject to subsection (6) a meeting shall not be closed to the public during
the taking of a vote.
(6) A meeting may be closed to the public during a vote if, subsection (2) or (3)
permits or requires the meeting to be closed to the public; and 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.
(7) Minutes shall be taken 9t all closed session meetings of Council or its
committees or its local boards and such minutes will be under the care and
control of the Town Clerk and not made public. Such minutes are subject to
the Municipal Freedom of Information and Protection of Privacy Act.
(8) As part of Council's or its Committees' closed session deliberations, a
determination will be made by Council or Committee members as to when
the matter(s) will be ratified publicly by Council or its Committees to the
extent that the public interest permits. At no time will Committees report
publicly, since closed session deliberations must only be reported to
General Committee.
(9) All information, documentation or deliberations received, reviewed or
provided in a closed session meeting is confidential. Members of Council
shall not release, reproduce, copy or make public any information or
material considered at a closed session meeting, or discuss the content of
such a meeting with persons other than members of Council or relevant
staff members.
(1 0) While in closed session, members of Council will determine if, how and
when information concerning the matters dealt with are to be reported out
publicly by way of resolution. By way of examples, matters dealt with in
closed session which result in reporting out publicly by means of resolution
can either be ratified in open Council immediately after the closed session
or at a future scheduled Council meeting.
(11) Upon the adoption by council of a resolution from any closed session
agenda item, any individual members may express their own personal
position on the item, but shall not refer to or discuss the specific positions,
opinions whether written or verbal, of other members of Council or advise
provided by Town staff and it's legal counsel.
(12) The agenda or any other support items for consideration by Council or its
committees in closed session shall not be released to the public in advance
of the closed session meeting or prior to the time agreed upon for public
ratification by Council.
5. Section 3.1 -Open Forum
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Page 3 of 5
THAT Section 3.1 be amended to add the following words to the third line:
"or is"
6. Section 3.2 -Order of Business of Council
THAT Section 3.2 be amended by deleting the existing clause and substituting
therefore the following clause:
:» Declarations of Pecuniary Interest
:» Approval of the Agenda
:» Open Forum
:» Adoption of the Minutes
:» Presentations
:» Public Service Announcements
:» · Determination of Items Requiring Separate Discussion
:» Adoption of Items not Requiring Separate Discussion
:» Delegations
:» Consideration of Items Requiring Separate Discussion
:» Regional Report
:» New Business/General Information -Councillors
:» Reading of By-laws
:» Closed Session
:» Adjournment
7. Section 3.2-Order of Business of Council
THAT Section 3.3 be deleted in its entirety.
8 Section 3.10 -Delegations
THAT Section 3.10 (f) be deleted in its entirety.
9. Section 3.10 -Delegations
THAT Section 3.10 be amended by adding the following clause as:
(f) Members of Council shall only ask questions for clarification from delegates and
shall not engage in any debate with delegates.
10. Section 3.11 -Correspondence
THAT Section 3.11 be amended by adding the following clause:
(c) Members of Council may direct that correspondence, letters or resolutions be
placed on an agenda, but not as an added item to an agenda that has already been
circulated.
11. Section 3.15 -Proclamations/Resolutions
THAT Section 3.15 be amended by adding the following clauses:
Copies of all AMO resolutions, which come from other municipalities, will be placed in a
binder at the reception desk on the 1st floor.
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Page 4 of 5
THAT staff continue to circulate copies of all resolutions to Councillors via e-mail.
THAT any resolutions from municipalities within York Region be placed on a Council
agenda for direction.
12. Section 4.2 -Duties of the Chair
THAT Section 4.2 be amended to add the following clause:
U) To inquire with any members of the audience that may be present at the meeting
regarding items on the agenda, and to entertain a motion of Council or Committee to
bring those items forward for discussion, in numerical order, earlier in the meeting.
13. Section 4.3 -Deputy Mayor
THAT Section 4.3 be amended to delete the word "his" and replace it with the word
"the".
14. Section 13-Order of Business
THAT Section 13.2 be amended by deleting the existing clause and substituting
therefore the following clause:
~ Declaration of Pecuniary Interest
~ Approval of the Agenda
~ Adoption of the Minutes
~ Determination of Items Requiring Separate Discussion
~ Adoption of Items Not Requiring Separate Discussion
~ Delegations
~ Presentations by the Committee Representative
~ Consideration of Items Requiring Separate Discussion
~ New Business/General Information-Councillors
~ Closed Session
~ Adjournment
15. Section 17-Ad Hoc Committee Membership
THAT Section 17.3 be amended to add the following words to the clause,
"at a committee meeting upon requesting recognition from the chair"
16. Section 18-Chair
THAT Section 18.2 be amended by deleting the following words from the clause,
"person appointed by Council"
17. Section 26-Advisory Committee Membership
THAT Section 26.2 be amended to add the following words to the clause,
"at a committee meeting upon requesting recognition from the chair"
18. Section 44-Assembly
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THAT Section 44 be amended by deleting the existing clauses and substituting
therefore the following clause:
Section 44 -Meeting Location
A meeting may be held outside of the Town within an adjacent municipality.
READ A FIRST AND SECOND TIME THIS 8TH DAY OF MAY, 2007.
READ A THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF MAY, 2007.
PHYLLIS M. MORRIS, MAYOR