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AGENDA - Special General Committee - 20070102AURORA SPECIAL GENERAL COMMITTEE AGENDA N0.07-01 TUESDAY, JANUARY 2, 2007 7:00 ME COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE 02/01 /07 44, AURORA TOWN OFAURORA SPECIAL GENERAL COMMITTEE MEETING AGENDA NO. 07-01 Tuesday, January 2, 2007 7:00 p.m. Mayor Morris in the Chair I DECLARATIONS OF PECUNIARY INTEREST II APPROVAL OFAGENDA RECOMMENDED: THAT the content of the agenda as circulated by the Corporate Services Department be approved as presented. 111 DELEGATIONS R8T IV CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION V ADJOURNMENT Special General Committee Meeting No. 07-01 Tuesday, January 2, 2007 Page 2 of 2 AGENDA ITEM Orientation/Review of the Town of Aurora Procedural By-law 4835-06.0 RECOMMENDED: pg. 1 THAT the Town of Aurora Procedural By-law 4835-06.0 be received for information. f OFFICE CONSOLIDATION COPY PROCEDURAL BY-LAW 4835-06.0 INDEX SECTION SUBJECT PAGE SECTION 1 DEFINITIONS 1 PART I - MEETINGS OF COUNCIL SECTION 2 CALLING OF MEETINGS 2.1 Inaugural Meeting 2 2.2 Regular Meetings 2 2.3 July/August Meetings 3 2.4 Public Planning Meetings 3 2.5 Special Meetings 3 2.6 Notice of Meetings Provided to Council Members 3 2.7 Notice of Meetings Provided to the Public 3 2.8 Open Meetings - Exceptions 4 SECTION 3 ORDER OF BUSINESS 3.1 Open Forum 6 3.2 to 3.8 Order of Business 6 3.9 Approval of Agenda 7 3.10 Delegations 7 3.11 Correspondence 8 3.12 By-laws 8 3A3 Notice of Motion 9 3.14 New Business/General Information - Councillors 9 3.15 Proclamations/Resolutions 10 3.16 Adjournment 10 3.17 & 3.18 Minutes 10 3.19 Confirmatory By-law 11 SECTION 4 CONDUCT OF MEETINGS 4.1 to 4.2 Duties of the Chair 11 4.3 Deputy Mayor 12 4.4 Conduct of Members 12 4.5 Improper Conduct 12 4.6 Suspension of Procedural Requirements 12 4.7 Statutory Hearings 13 4.8 Rules of Order 13 4.9 Conflicts and Disclosures of Interest 13 SECTION 5 RULES OF DEBATE 5.1 Debate 13 5.2 Seconding of Motions 14 5.3 Ultra Vires 14 5.4 Voting 14 5.5 Division of Motion 15 5.6 Precedence of Motions 15 5.7 Motion to Adjourn 16 5.8 Motion to Recess 16 5.9 Question of Privilege 17 5.10 Appeal 17 5.11 Point of Order 17 5.12 Withdrawal 18 5.13 Previous Question 18 5.14 Limit or Extend Limits of Debate 18 5.15 Postpone to a Definite Time 19 5.16 Motion to Refer 19 5.17 Motion to Amend 19 5.18 Motion to Postpone Indefinitely 19 5.19 Motion to take from the Table 19 5.22 Reconsideration 22 PART II - STANDING COMMITTEES SECTION 6 CREATION AND DISPOSITION SECTION 7 TERMS OF REFERENCE SECTION 8 MEMBERSHIP SECTION 9 . CHAIR SECTION 10 QUORUM SECTION 11 SECTION 12 SECTION 13 ADMINISTRATIVE SUPPORT OPEN MEETINGS & NOTICE OF MEETINGS ORDER OF BUSINESS SECTION 14 REPORTING 21 21 21 21 - 21 22 22 22 23 By -Law 4835-06.0 SECTION INDEX SUBJECT Page 3 PAGE PART III - AD HOC COMMITTEES SECTION 15 CREATION AND DISPOSITION 24 SECTION 16 TERMS OF REFERENCE 24 SECTION 17 MEMBERSHIP 24 SECTION 18 CHAIR 24 SECTION 19 QUORUM 25 SECTION 20 ADMINISTRATIVE SUPPORT 25 SECTION 21 OPEN MEETINGS & NOTICE OF MEETINGS 26 SECTION 22 PROCEDURES AND RULES OF DEBATE 26 SECTION 23 REPORTING 27 PART IV -ADVISORY COMMITTEES SECTION 24 CREATION AND DISPOSITION 28 SECTION 25 TERMS OF REFERENCE 28 SECTION 26 MEMBERSHIP 28 SECTION 27 CHAIR 28 SECTION 28 QUORUM 29 SECTION 29 ADMINISTRATIVE SUPPORT 29 SECTION 30 OPEN MEETINGS & NOTICE OF MEETINGS 29 SECTION 31 PROCEDURES AND RULES OF DEBATE 30 SECTION 32 REPORTING 30 PART V - LOCAL BOARDS SECTION 33 CREATION AND DISPOSITION SECTION 34 TERMS OF REFERENCE SECTION 35 MEMBERSHIP SECTION 36 CHAIR SECTION 37 QUORUM SECTION 38 ADMINISTRATIVE SUPPORT SECTION 39 OPEN MEETINGS & NOTICE OF MEETINGS SECTION 40 PROCEDURES AND RULES OF DEBATE SECTION 41 REPORTING PART VI - GENERAL PROVISIONS SECTION 42 FINANCIAL BUDGET ALLOCATIONS SECTION 43 ELECTRONIC RECORDINGS SECTION 44 ASSEMBLY SECTION 45 REVIEW OF PROCEDURAL BY-LAW SECTION 46 REVIEW OF CODE OF ETHICS SECTION 47 SCHEDULES SECTION 48 SEVERABILITY SECTION 49 CONFLICT REPEAL SECTION EFFECTIVE DATE 31 31 31 31 31 32 32 33 33 34 34 34 35 35 35 35 35 35 35 OFFICE CONSOLIDATION Procedural By-law 4835-06.0 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4835-06.0 BEING A BY-LAW to govern the procedures of the Council of the Town of Aurora and its Committees and Boards WHEREAS the Municipal Act, S.O. 2001, c.45, authorizes every municipal Council to enact By-laws to govern the proceedings of Council, the conduct of Council Members and the calling of meetings and authorizes the head or other presiding officerto expel or exclude from any meeting any person who has been guilty of improper conduct; AND WHEREAS the Council of the Corporation of the Town of Aurora considers it desirable to enact a By-law in this regard and to repeal prior procedural By-laws; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: Section 1 - Definitions In this By-law the following terms shall have the following meanings: 1.1 "Ad Hoc, Committee" shall mean a committee constituted by Council from time to time pursuant to Part III of this By-law to act on a temporary or singular issue, and shall be discontinued by Council resolution when their recommendations upon the specified initiative or matter have been provided and further recommendations are no longer required. 1.2 "Advisory Committee" shall mean a committee constituted by Council from pursuant to Part IV of this By-law to act in an advisory- capacity to Council on operational and strategic issues during the full term of Council. 1.3 "C.A.O.° shall mean the Chief Administrative Officer for the Municipal Corporation. 1.4 "Chair" shall mean the person presiding at a meeting in accordance with the provisions in this By-law governing that meeting. 1.5 "Clerk" shall mean the Clerk of the Corporation of the Town of Aurora, or his/her delegate. 1.6 "Committee Member' shall mean a member of a Committee governed by this By-law. (1) OFFICE CONSOLIDATION Procedural By-law4835-06.0 1.7 "Council" shall mean the Council of the Corporation of the Town of Aurora. 1.8 "Local Board" shall mean a body established by Council pursuant to a specific statutory authority. 1.9 "Local Board Member" shall mean a member of a Local Board governed by this By-law. 1.10 "Member" shall mean a member of Council. 1.11 "Municipal Corporation" shall mean the Corporation of the Town of Aurora. 1.12 "Secretary" shall mean the person appointed to this By-law to record the proceedings of any meeting constituted pursuant to this By-law. 1.13 "Staff' shall mean employees of the Municipal Corporation. 1.14 "Standing Committee" shall mean a committee constituted pursuant to Part II of this Bylaw and shall be composed of Members of Council only. 1.15 "Record" shall mean written, audio, video or any combination thereof for the purpose of compiling minutes of a public meeting. PART I - MEETINGS OF COUNCIL Section 2 - Calling of Meetings Inauqural Meeting 2.1 The inaugural meeting of Council after a regular municipal election shall be held in the Council Chambers of the Aurora Town Hall, and shall be held, except as otherwise provided for, on the first Tuesday in December at 7:00 p.m. local time. Regular Meetings 2.2 The next and each succeeding Regular meeting shall be held in the Council Chambers at the Town Hall, except as otherwise provided for in this By-law, and shall be held in accordance with the schedule of meetings of Council as prepared by the Municipal Clerk and approved by Council. All such Regular Council meetings shall generally be held on the second and fourth Tuesday of each month, at 7:00 p.m. or such other time as is prescribed by resolution of Council where it is necessary to reschedule a Regular meeting. Where a Regular meeting day is a public or civic holiday, Council shall meet at the same hour on an alternate day which is not a public or civic holiday, as prescribed by resolution of Council July/August Meetings 2.3 Notwithstanding the provisions of this By-law, during the months of July and August there shall be no Regular meetings of Council, save and except that a Council meeting may be scheduled for one date in each month. (2) OFFICE CONSOLIDATION Public Planning Meetings Procedural By-law 4835-06.0 2.4 In addition to its schedule of Regular meetings, where development related applications have been submitted under the Planning Act, Council shall meet in the Council Chambers on the last Wednesday of each month commencing at 7:00 p.m. to conduct public hearings to consider such applications. Special Meetings 2.5 Where it is deemed necessary to hold a meeting that is not a regularly scheduled meeting, as evidenced by the consent of two-thirds of all of the Members, a Special meeting of Council may be held in order to deal with a range of matters, including but not limited to ratifying, confirming, and expediting business arising out of Committee meetings, matters which require urgent consideration or matters which require the Mayor and Clerk to sign and affixthe seal of the Corporation to any agreement, deed, conveyance or otherdocument purporting to bind the Corporation. Notice of Meetings Provided to Council Members 2.6 (a) Notice to Council Members shall not be required to be given of Regular meetings of Council, unless the day of meeting is otherthan that provided by this By-law or by Council resolution. It is understood that provision of the Agenda for Regular Council and Public Planning meetings by the Clerk for pick-up by the Members or in electronic format if requested by a Member, shall be considered adequate notice of such Regular meetings. (b) At least 48 hours previous notice of all Special meetings, shall be given to each Member of Council, either by first class mail, by facsimile, by e-mail or by the delivery of notice or delivery of the Agenda for such a meeting to each Member's home or place of business, or in electronic format if requested by a Member. (c) At Special meetings of the Council, it shall not be within the jurisdiction of Council at that meeting to consider or decide upon any matter unless such matter had been specified in the notice calling the meeting. This provision may be only waived where all Members of Council are present to vote upon a motion to waive this clause. (d) The Council may by resolution provide that any meeting shall be held at a place within the Town of Aurora other than in the Council Chambers at the Town Hall. Notice of Meetinqs Provided to the Public 2.7 (a) Council shall generally hold its meetings at the Town Hall on the second and fourth Tuesday of each month at 7:00 p.m. beginning with a 20 minute Open Forum if necessary. as determined by Council, unless Council meets in a Special meeting called pursuant to the terms of this By-law or unless Council authorizes holding any meeting at a different location or date or time and notice thereof has been provided in accordance with the provisions of this By-law. i (3) OFFICE CONSOLIDATION Procedural By-law4835-06.0 (b) Notice of all meetings of Council shall be provided to the public by placing a copy of the Agenda on the counter of the Corporate Services Deptartment in the Town Hall by posting an electronic version of the Agenda on the Town's web site, and by making a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list with the Municipal Clerk, not less than twenty-four (24) hours prior to the said meeting. Notwithstanding the foregoing, where such meeting is a Special meeting called pursuant to this By-law and it is not possible to provide the aforementioned notice, the Municipal Clerk shall make reasonable efforts to provide notice to those concerned. Open Meetings - Exceptions 2.8 (a) Except as provided in this section, all meetings shall be open to the public. (b) 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; ii. personal matters about an identifiable individual, including municipal or local board employees; iii. a proposed or pending acquisition or disposition of land for municipal or local board; iv. labour relations or employee negotiations; V. litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; vi. advice that is subject to solicitor -client privilege, including communications necessary for that purpose; and vii. a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act. (c) 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. (d) 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, I. the fact of the holding of the closed meeting; and ii. the general nature of the matter to be considered at the closed meeting. (4) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 (e) Subject to subsection (f) a meeting shall not be closed to the public during the taking of a vote. (f) A meeting may be closed to the public during a vote if, subsection il. or iii, 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. (g) Formal minutes will be taken at 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. (h) 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. (i) 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, ordiscuss the content of such a meeting with persons other than members of Council or relevant staff members, prior to it being reported in public by Council Q) While in closed session, members of Council will determine how and when information concerning the matters dealt with shall be reported out publicly. By way of examples, matters dealt with in closed session can either be ratified in open Council immediately after the closed session or at a future scheduled Council meeting. (k) Upon the reporting out of 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 or opinions (written or verbal) of other members of Council or Town staff. (1) 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 priorto the time agreed upon for public ratification by Council (5) OFFICE CONSOLIDATION Procedural By-law4835-06.0 Section 3 - Order of Business Open Forum 3.1 Open Forum shall be considered a part of the formal order of business of Council. Any ratepayer of the Town of Aurora is entitled to make a deputation to Council on a matter that is not on the Agenda of Council provided the maximum time allotted is five minutes for each delegate and the total time of all delegates for this portion of the Agenda be restricted to twenty minutes. 3.2 The Order of Business of Council at a regular meeting shall in all cases, be taken up in the following sequence, unless otherwise decided by the majority of the Members present: ➢ Declarations of Pecuniary Interest ➢ Approval of the Agenda ➢ Open Forum ➢ Adoption of the Minutes ➢ Presentations ➢ Determination of Items Requiring Separate Discussion ➢ Adoption of Items not Requiring Separate Discussion ➢ New Business/General Information - Councillors ➢ Delegations Consideration of Items Requiring Separate Discussion ➢ Regional Reports ➢ Reading of By-laws ➢ Closed Session ➢ Adjournment 3.3 When an item listed on the agenda is selected by a Member of Council for discussion, the Member of Council shall state in advance, the reason for selecting the item in accordance with the following criteria i) new information, ii) amendment, iii) commentary. The selection of the item for discussion shall not be permitted if the intent is to ask questions of staff which could have been clarified in advance of the meeting. 3.4 After the adoption of "Items Not Requiring Separate Discussion", the Chair shall consult with the audience to determine who is in attendance to hear specific items, and that the order of the items be prioritized by the Chair to address the identified issues first, for the benefit of those in attendance. 3.5 Notwithstanding the provisions of this section, it shall be open to Council to consider a Closed Session matter at any point in the order of business upon enactment of a resolution in that regard. 3.6 As soon after the hourfixed for holding the meeting of the Council as there is a quorum present, the Mayor shall assume the Chair and shall call the Members to order. 3.7 A majority of the Members shall constitute a quorum. (6) OFFICE CONSOLIDATION Procedural By-law4835-06.0 3.8 If there be no quorum present within one half (1 /2) hour after the time fixed for holding the meeting of Council, the Clerk shall call the roll and take down the names of the Members present and the, meeting shall immediately stand adjourned until the next meeting. Approval of Agenda 3.9 (a) At the outset of the meeting the Chair shall call for a vote on a motion to approve the contents of the agenda. During the consideration of the motion any Member may request the addition or deletion of any item or a revision to the order of business. The debate shall then relate to whether the agenda should be approved, not the merits of the items themselves. (b) No addendum items shall be included in the Council Agenda unless it is deemed to be a significant issue and approved by the Chief Administrative Officer, Delegations 3.10 (a) Delegations shall be encouraged to appear at the appropriate Committee first rather than Council. Anyone wishing to appear before General Committee or Council shall advise the Director of Corporate Services/Town Clerk by 4:30 p.m. on the Monday prior to the meeting. The request to appear shall be in writing and shall state in detail the nature of the matter to be presented by the spokesperson. (b) Anyone wishing to speak on an item that is not on the Council Agenda shall be directed to appear at the Open Forum Session that precedes Council meetings. Alternatively, the delegate may be placed on a Committee Agenda to address an issue that is not on the agenda. (c) No person other than the designated spokesperson may speak on the matter and for not more than five (5) minutes, except that a delegtation consisting of 3 or more persons who are present at the meeting and wish to discuss the same issue may have more than 1 speaker provided that the speaking time collectively does not exceed fifteen (15) minutes. (d) A delegate not on the agenda shall not be heard without the consent of at least two thirds majority of the Members present. (e) All delegations appearing before General permitted to speak only once on an item. motion or resolution has commenced, n made by the delegate or by any other p Council. Committee or Council shall be Once discussion in respect of a o further presentation shall be erson other than a Member of (7) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 (f) A delegation appearing before General Committee or Council shall not be placed on an agenda to discuss the same matter within four (4) weeks of the last appearance by the same delegate, unless the matter has been deferred or referred by General Committee or Council to a future meeting date, or specific direction has been given by General Committee or Council to re -attend a future meeting in order to provide additional information or clarification on the subject. (g) Any person may speak on the matter at a Public Planning Meeting provided that the spokesperson is speaking on an item that is contained in the agenda. The delegate shall not speak for more than five (5) minutes, but may have an opportunity to speak more than once on the agenda item. (h) Delegations shall speak in order of the item as it is listed on the agenda. Correspondence 3.11 (a) Correspondence addressed to the Mayor and Council shall be acknowledged by the Director of Corporate Services and sent directly to the appropriate Committee or Director for response or action. (b) Copies of such correspondence shall also be distributed to Members of Council and the Chief Administrative Officer. By laws 3.12 (a) All By-laws together with a brief description and the notation of the number of readings required shall be listed on the agenda forthe meeting at which they are to be read. (b) Every By-law shall be introduced upon the motion of a Member specifying the title of the By-law. (c) Every By-law when introduced shall be in typewritten form and shall comply with the provisions of any relevant Act. (d) Every By-law shall have three readings prior to it being passed. (e) Any Member may request that the purpose and effect of any particular By- law be explained and the Chief Administrative Officer, Clerk, or any other Town Official having knowledge thereof may provide such explanation. (f) If the majority of Council so determines, a By-law shall be taken as having been read. (g) If the Council determines that a By-law is to be considered by a Committee, it shall be so considered prior to the third reading thereof. (8) OFFICE CONSOLIDATION Procedural By-Iaw4835-06.0 (h) The Clerk shall endorse on all By-laws passed by the Council, the date of each reading thereof. (i) By-laws shall be circulated in approval is required. By-laws enacted at the same meeting. a draft format until such time as final shall then be given three readings and Q) Every By-law passed by Council shall be numbered and dated, and shall be sealed with the Seal of the Municipal Corporation and signed by the Mayor and Clerk and shall be kept by the Clerk in his/her office or any other place appointed for that purpose. Notice of Motion 3,13 (a) A Member desiring to introduce a subject for discussion shall, during the opportunity granted by the Chair, verbally provide notice of the proposed motion including the date when the motion will be broughtforward and the nature of the motion. This notice shall be received by the balance of the Members without debate. The Member shall then deliver a written copy of the proposed motion to the Clerk for inclusion in the agenda not later than 4:00 p.m. on the Thursday preceding the regular meeting at which the proposed motion is to be discussed. (b) The Clerk, upon receipt of such a proposed motion in written form, shall print the proposed motion in full in the agenda for the next regular meeting of the Council and shall circulate to the Members any supporting data provided therewith. (c) A Motion of this nature need not be considered or otherwise disposed of by the Council at the regular meeting at which it is first introduced but may be considered or otherwise disposed of at any subsequent meeting of the Council provided the mover of the motion is in attendance at the meeting. (d) Any Member may agree to second the proposed motion when it is called for by the Chair. New Business/General Information - Councillors 3.14 This section shall contain items which a member may introduce which was not circulated with the agenda and which, due to its nature cannot be properly presented at a subsequent meeting of Council or appropriate Committee. In addition, a member may introduce a notice of motion or a motion to reconsider in accordance with the provisions of this by-law. Members may also raise questions regarding matters that may be appropriate for staff comment in the form of immediate response or subsequent follow up. Any New Business/General Information - Councillors consideration that results in a direction to staff shall require a Notice of Motion by a Member of Council. A Resolution shall then be presented at the next Council or General Committee meeting to give such direction effect. (9) OFFICE CONSOLIDATION Procedural By-law4835-06.0 Proclamations/Resolutions 3.15 All requests for endorsement of resolutions from municipalities outside of the Region of York shall be acknowledged by the Director of Corporate Services/Town Clerk, with the advice that the Town of Aurora does not take action on resolutions received from other municipalities, but rather makes its position known through the appropriate municipal association, or alternatively, directly to the relevant Minister or government leader. Resolutions initiated by the Town of Aurora shall not be circulated to other municipalities for endorsement outside of York Region, but shall instead by directed to the appropriate Minister of the government involved, and to the relevant municipal association. Resolutions from charitable or non profit organizations shall be acknowledged by the Mayor, and subject to the nature of the resolution, the Mayor may direct that the request be added to a Council or Committee agenda for consideration. Copies of all resolutions will be circulated to all Members of Council, the C.A.O. and Directors. Any resolution may be placed on a Council or Committee agenda at the request of a Council Member. Adiournment 3.16 (a) On a motion, which is non -debatable and does not require a seconder, and is approved by the majority of Members present, the meeting shall be adjourned. (b) No item of business shall be considered at a meeting of the Council after 10:30 p.m. local time unless a majority of the Members present enact a resolution to extend the hour. (c) If the Council is still in session at the hour of midnight local time, it shall be adjourned unless a two-thirds majority of Council concur in the extension. Minutes 3.17 The Clerk shall record in the minutes: (a) The date, time and place of meeting; (b) The attendance of the Members, including the time the member arrives and leaves a meeting; (c) The reading, if requested, correction and adoption of the minutes of prior meetings; and (d) All other proceedings of the meeting without note or comment. (10) OFFICE CONSOLIDATION Procedural By-law4835-06.0 3.18 It shall be the duty of the Clerk to ensure that the minutes of each Regular Meeting, Public Planning Meeting and Special Council Meeting are made available to each Member no later than 48 hours after the holding of such Meeting. Confirmatory By-law 3.19 It shall be the practice of Council to enact a Confirmatory By-law at the end of every Council Meeting. Section 4 — Conduct of Meetings Duties of the Chair 4.1 The Chair of every Council meeting shall be the Mayor. In the absence or unavailability of the Mayor, the Chair shall be the Deputy Mayor. In the absence or unavailability of the Mayor and Deputy Mayor, the Chair shall be selected by those members of Council being present. 4.2 It shall be the duty of the Chair: (a) To open the meeting of the Council by taking the Chair, and calling the meeting to order. If the Mayor is the Chair, he/she shall wear the Mayor's Chain of Office; (b) To announce the business before the Council in accordance with the Agenda; To receive and submit to a vote, in the proper manner, all motions which do not contravene the rules and regulations of the Council and to declare the results of the vote, except where a recorded vote is called for; (d) To decline to put to a vote motions which infringe upon the rules of procedure; (e) To restrain the Members, within the rules of procedure, when engaged in debate; (f) To enforce on all occasions the observance of order and decorum among the Members and the provisions of this By-law; (g) To authenticate, by his/her signature when necessary, all By-laws, resolutions and minutes of the Council; (h) To inform the Members on any point of order; and (i) To adjourn the meeting without the question being put or to suspend or recess the sitting for a time to be named, if it is considered necessary by virtue of a grave disorder or other disruption arising in the course of the meeting. (11) OFFICE CONSOLIDATION Procedural By-law4835-06.0 Deputy Mayor 4.3 The Council shall appoint by By-law the Member who received the highest number of votes to be elected to act in the place and stead of the Mayor when the Mayor is absent from the municipality, or is absent through illness, or refuses to act, or his office is vacant. Such appointee shall be known as the Deputy Mayor and shall have all of the duties, rights, powers and authority of the Mayor during such absence, refusal to act, or vacancy of office. Conduct of Members 4.4 No Member shall: (a) Use offensive words, inappropriate actions or unparliamentary language in or against the Council or against any Member of Council or any staff member or any member of the public; (b) Speak on any subject other than the subject in debate; (c) Criticize any decision of the Council except for the purpose of moving that the question be reconsidered; (d) Disobey the rules of procedure of the Council or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council Where a Member persists in any such disobedience after having been called to order by the Chair, the Chair may order that such Member leave his/her seat for the duration of the meeting of the Council, but if the Member apologizes he/she shall be permitted to retake his/her seat. Improper Conduct 4.5 (a) Improper conduct shall be deemed to exist where any person breaches the rules of procedure or interrupts the proceedings of Council such that continuation of the meeting is rendered difficult or impossible. (b) Where a person has, in the opinion of the Chair, been guilty of improper conduct at any meeting, the Chair may expel or exclude any such person from the meeting. (c) In order to expel or exclude such person, the Chair may require the security personnel for the Town or such other persons as are present to take such reasonable measures as are necessary to exclude or expel the person whose conduct has been improper and such measures may include involving police assistance. Suspension of Procedural Requirements 4.6 (a) The provisions of this By-law shall be observed in all proceedings of Council and its Committees, except that the rules and regulations contained herein may be suspended by a two-thirds majority vote of the Members present. (12) OFFICE CONSOLIDATION Procedural By-law4835-06.0 (b) A motion to suspend the rules of procedure required by this By-law shall not be debatable or amendable. (c) A motion to suspend the rules shall not be applicable to Section 5.20, Reconsideration. Statutory Hearings 4.7 Hearings required by statute shall be undertaken in accordance with the prescription and procedure outlined in the relevant statute or as otherwise directed by law. Rules of Order 4.8 In all circumstances in the proceedings of the Council or in Committee not provided for in this By-law, resort shall be had to Bourinot's Rules of Order as a rule for guidance on the question, and in such cases, the decision of the Chair shall be final and acquiesced in without debate. Conflicts and Disclosures of Interest 4.9 All Members of Council and -its Committees shall govern themselves in accordance with the requirements of applicable conflict or disclosure of interest legislation with respect to matters noted therein, including disclosures of pecuniary interests, receipt of gifts, recompense or other benefit not in accordance with applicable law and attempts to use information gathered through the Council or Committee process for personal financial gain, where such information is not generally available to members of the public. Section 5 - Rules of Debate Debate 5.1 (a) Every Member who wishes to speak to any motion shall raise his/her hand to be recognized by the Chair and, upon being recognized, shall address the Chair. (b) When two or more Members indicate that they desire to speak, the Chair shall recognize the Member who first indicated his or her desire to speak. (c) Members shall remain seated at all times during the meeting except that a motion, which requires no seconder, may be made that any Member who has risen "BE NOW HEARD". When the Chair calls for the vote on such a motion, each Member shall occupy his/her seat and shall remain in their place until the result of the vote has been declared, and during such time no Member shall rise or speak to any other Member or make any noise or disturbance. No Member shall speak to the motion nor shall any other motion be made until after the vote is taken and the result has been declared. (13) OFFICE CONSOLIDATION Procedural By-law4835-06.0 (d) When a Member is speaking, no Member shall interrupt the speaker except to raise a question of privilege, appeal from the decision of the Chair, raise a point of order or move reconsideration. (e) Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Memberwhile speaking. (f) No Member shall speak more than twice to the same motion without leave of the Council, except that a reply shall be allowed to be made only by the Member who has presented the motion to the Council. (g) No Member, without leave of the Council, shall speak to the same motion, or in reply, for longer than thirty (30) minutes. (h) A Member may ask a question only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. Notwithstanding the foregoing, when a Member has been recognized as the next speaker, such Member may immediately before speaking, ask a question through the Chair on the motion under discussion but onlyforthe purpose of obtaining relevant information, following which the Member shall speak. (i) The Chair of Council or Committee shall be permitted to speak on any issue to conclude the debate without the need to transfer the Chair to another Member. Seconding of Motions 5.2 Except as otherwise provided in this By-law, a motion shall be formally seconded before debate on a question and before the Chair can put the motion or a motion can be recorded in the minutes by the Clerk. Ultra Vires 5.3 A motion in respect of a matterwhich is ultra vires thejurisdiction of the Council shall not be in order. Voting 5.4 (a) The Chair, except where he/she is disqualified to vote by statute, is entitled to vote on all motions that are presented. (b) The vote required to pass a motion shall be a simple majority except as otherwise provided in this By-law or by statute. (c) In the case of an equal division of votes on a motion, the motion shall be deemed to have been decided in the negative. OFFICE CONSOLIDATION Procedural By-law 4835-06.0 (d) The manner of determining the decision of the Council on a motion shall be by show of hands as declared by the Chair, unless a recorded vote is called for by a Member. Each Member present, except a Memberwho is disqualified from voting by statute, shall vote and any failure to vote by a Member who is not disqualified shall be deemed to be a negative vote. (e) The Chair shall declare the vote carried, carried unanimously, or defeated. (f) Where a vote is to be taken for any purpose, a Member may request that the vote be recorded immediately before or afterthe taking of the vote, but prior to any consideration of another matter of Council, and each Member present, except a Member who is disqualified from voting by statute, shall announce their vote openly, and any failure to vote by a Member who is not disqualified, shall be deemed to be a negative vote. Members shall vote in alphabetical order according to surname, with the Mayor announcing his/her vote last. The Clerk shall record each vote and announce the results. Division of Motion 5.5 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in the motion if requested by one of the Members present. Precedence of Motions 5.6 Except as otherwise provided in this By-law, the order of presentation and disposition of motions shall be as follows with the lowest ranking motion being at the bottom of the list. A motion shall not be in order if a motion having higher precedence is pending or is raised: (a) Privileged Motions i. Adjourn H. Recess iii. Question of Privilege (b) Incidental Motions i. Appeal ii. Point of Order iii. Withdrawal of Motion iv. Suspension of Rules (c) Subsidiary Motions I. Previous Question ii. Limit or Extend Limits of Debate iii. Postpone to a Definite Time (Defer) iv. Refer (to a different entity) V. Amend vi. Postpone Indefinitely (Table) (15) OFFICE CONSOLIDATION (d) Main (Principle) Motions Procedural By-law 4835-06.0 Main Motion Take from the table Reconsider Motion to Adjourn 5.7 A motion to adjourn: (a) Shall always be in order except as otherwise provided in this By-law; (b) When resolved in the negative, the motion shall not be presented again until after some intermediate proceedings have been completed by the Council; (c) Shall not be in orderwhen a Member is speaking or during the verification of a vote on a motion; (d) Shall not be in order immediately following the affirmative resolution of a motion for the previous question; (e) Shall not be debatable; (f) Shall not be amendable; (g) Shall not have a motion to reconsider applied to it; and (h) Shall be entertained by the Chair without a seconder. Motion to Recess 5.8 (a) A motion to recess when other business is before the meeting: i. Shall specify the length of time of the recess; ii. Shall not be debatable and shall only be amendable with respect to the length of the recess; and iii. Shall not have a motion to reconsider applied to it. (b) A motion to recess at a future time shall have no privilege and shall be treated as a main motion. (16) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 Question of Privilege 5.9 (a) Where a Member considers that his/her integrity or the integrity of the Council as a whole has been called into question, such Member may, as a matter of privilege, raise the matter at anytime, with the consent of the Chair, no debate being allowed, for the purpose of drawing the attention of the Council to the question. (b) A motion resulting from a question of privilege shall be treated as a main motion and shall receive disposition bythe Council forthwith and, following such disposition, the motion so interrupted shall be immediately considered at the point where it was suspended. 5.10 A motion to appeal from the decision of the Chair: (a) May only be made with regard to a point of order at the time a ruling is . made by the Chair on a point of order; (b) Shall not be debated, amended or reconsidered; and (c) Shall yield to a privileged motion. Point of Order 5.11 (a) A point of order may be called by a Member to bring attention to: Any breach of the Rules of Procedure of Council; ii. Any defeat in the constitution of any meeting of Council; iii. The use of improper, offensive or abusive language, inappropriate actions, in or against the Councilor against any Member of Council or any staff member or any member of the public; iv. Notice of the fact that the matter under discussion is not within the scope of the proposed motion; or V. Any other informality or irregularity in the proceedings of Council. (b) When a Member wishes to raise a point of order, the Member shall ask leave of the Chair to raise the point of order and after leave is granted the Member shall state the point of order to the Chair and no further business shall be conducted until the Chair has decided and stated the point of order; (c) Thereafter, a Member shall only address the Chair for the purpose of appealing the Chair's decision to the Council; (17) OFFICE CONSOLIDATION Procedural By-I2w4835-06.0 (d) If no Member appeals, the decision of the Chair shall be final; (e) If a Member appeals the Chair's decision on a point of order to the Council, the Member shall have the right to state his/her case, the Chair shall have the right to reply and Council shall decide the question without further debate and its decision shall be final. Withdrawal 5.12 (a) A request to withdraw a motion: i. Shall only be made by the mover of the motion; ii. Shall have the consent of the seconder of the motion; and iii. Shall be in order at anytime during debate. (b) If any Member objects to the withdrawal of the motion, a withdrawal motion may be entertained, is debatable, requires a seconder and a majority vote. If no Member objects to the withdrawal of the motion; the motion shall be considered withdrawn without the necessity of a vote. Previous Question 5.13 A motion for the original question (to close debate): (a) Shall not be debatable or amendable; (b) Shall not be proposed when there is an amending motion under consideration, except for the purpose of moving that the amending motion be put; (c) Shall require a two-thirds majority vote; (d) When resolved in the affirmative, the original motion shall be put forward without debate or amendment; and (e) Shall not be moved by a Member who has spoken on the main motion. Limit or Extend Limits of Debate 5.14 A motion to limit or extend the limits of debate: (a) Shall not be debatable; (b) May be amended; (c) May be reconsidered; and (d) Shall require a two-thirds majority vote. (18) OFFICE CONSOLIDATION Postpone to a Definite Time Procedural By-law 4835-06.0 5.15 (a) A motion to postpone a matter to a definite time (defer) shall be debatable, amendable and may be reconsidered. (b) If a matter has been postponed to a definite time and a Member wishes to bring it back before the appointed time, the motion to bring the matter back shall require a two-thirds majority vote. Motion to Refer 5.16 Motion to refer a matter to a different entity shall not be debatable or amendable and shall not be reconsidered or tabled. Motion to Amend 5.17 A motion to amend: (a) Shall be debatable and may be reconsidered; (b) Shall be relevant to the main motion; (c) Shall receive the disposition of the Council before a previous amendment or the motion; (d) Shall not be further amended more than once, provided that further amendments may be made to the main motion; (e) Shall not be in order if it proposes a direct negative to the main motion; (f) Shall be put in the reverse order to that in which it is moved; and (g) May be presented by the mover and seconder of the main motion. Motion to Postpone Indefinitely 5.18 A motion to postpone indefinitely (to table) shall be debatable, shall not be amended and may be reconsidered. Motion to take from the Table 5.19 A motion to take from the table: (a) Shall not be in order when another motion is before the meeting; (b) Shall not be debatable or amendable; (c) When resolved in the negative, shall not be presented again until after some intermediate proceedings have been completed by the Council; and (19) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 (d) When resolved in the affirmative, the matter taken from the table shall not be laid on the table again until after some intermediate proceedings have taken place. Reconsideration 5.20 (a) After a resolution/By-law that determines the final outcome of a main motion has been enacted, Council may not reconsider or rescind such resolution/By-law for a period of six months, except in accordance with these provisions. (b) Any Member may give notice of a motion to reconsider or rescind a resolution/By-law. (c) Such notice may only be given, during the New Business/General Information - Councillors section of a meeting and may relate to a resolution/By-law enacted during that meeting or at a prior meeting. (d) If the motion is seconded, Council may only enact such a motion by a two- thirds majority vote. (e) Where it is determined that a resolution/By-law shall be reconsidered, no further action shall betaken to carry into effect the affected resolution/By- law until after the motion to reconsider has been disposed of, either at the next regular meeting or at a special meeting called to consider the motion to reconsider. (f) No discussion of the affected resolution/By-law shall be allowed at a Council meeting where notice to reconsider is given, until Council has voted to reconsider the same, but the Member giving such notice shall have the privilege of stating the reasons for doing so. (g) When the affected resolution/By-law is reconsidered, either at the next regular meeting or at a special meeting, it shall be declared lost, unless passed by the majority of the Members present. (h) Once a resolution/By-law has been the subject of a motion to reconsider duly seconded and voted on, such resolution/By-law may not again be reconsidered until six months after its original enactment and no resolution to reconsider may itself be the subject of a motion to reconsider. (20) OFFICE CONSOLIDATION Procedural By-law4835-06.0 PART II - STANDING COMMITTEES Section 6 - Creation and Disposition 6.1 Council hereby establishes a General Committee. 6.2 Standing Committees shall only be discontinued by amendment to this By-law. Section 7 - Terms of Reference 7.1 The General Committee may consider delegations, correspondence, staff reports and matters for discussion in relation to matters ordinarily within the competence of the Municipal Corporation's Departments which may require more elaboration and discussion than would be appropriate in a formal Council Meeting and such other matters as Council may by resolution determine. 7.2 The General Committee may consider the Records and Reports of such Ad Hoc and Advisory Committees as have been directed by Council to report to the General Committee. 7.3 The General Committee shall act as the Audit Committee and shall have separate terms of reference for its Audit Committee functions. 7.4 Upon consideration of such matters as are provided for herein, the General Committee shall report to and make recommendations to Council. Section 8 - Membership 8.1 All Members of Council shall be General Committee members. Section 9 Chair 9.1 The Chair for the General Committee shall be rotated among the Members of Council, excluding the Mayor, on a meeting to meeting basis, in orderof elected officials concurrent with the present term of this Council. 9.2 The Chair shall have such responsibilities and powers as are provided for the Chair in Part I of this By-law. 9.3 In the absence of the person appointed as Chair, the Committee Members shall appoint one of their members as Chair for the purposes of that meeting. Section 10 - Quorum 10.1 A quorum for the General Committee shall require the attendance of a majority of the appointed Council Members. (21) OFFICE CONSOLIDATION Procedural By-law4835-06.0 Section 11 - Administrative Support 11.1 The duties of the Secretary to the General Committee shall be carried out bythe Municipal Clerk including preparation of an Agenda and Attachments, the giving of notice, recording the proceedings, including Records of such proceedings on Agendas for Council's consideration and related correspondence. Section 12 - Open Meetings & Notice of Meetings 12.1 The General Committee shall meet on the first and third Tuesday of the month at 7:00 p.m. or as determined and approved by resolution of Council. 12.2 The provisions in Part I in relation to scheduling Regular and Special Meetings, Notice of Meetings provided to Council Members and to the Public and Open Meetings apply to meetings of the General Committee. Section 13 — Order of Business 13.1 It is intended that the conduct of all Standing Committee Meetings shall be formal. 13.2 The Order of Business of General Committee shall in all cases be taken up in the following sequence, unless decided otherwise by the majority of the Members present: ➢ 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 ➢ New Business/General Information- Councillors ➢ Delegations ➢ Consideration of Items Requiring Separate Discussion ➢ Closed Session ➢ Adjournment 13.3 Debate on any matter shall proceed formally under the direction of the Chair, except that Committee Members may speak to any issue more than once provided all other Committee Members who wish to speak have had an opportunity to do so. 13.4 No vote taken at a Committee meeting shall be a recorded vote and any vote previously taken during that meeting may be reconsidered. 13.5 The Chair shall have authority to determine the conduct of members in accordance with Section 4 herein. (22) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 Section 14 - Reporting 14.1 The General Committee shall report directly to Council. 14.2 No discussion or recommendation of the General Committee shall constitute an act of Council unless such recommendation is adopted by Council. 14.3 The Report from General Committee that is presented to Council shall not contain the mover or seconder on each item but rather shall only show the recommendation as endorsed by General Committee. (23) OFFICE CONSOLIDATION PART III - AD HOC COMMITTEES Procedural By-law 4835-06.0 Section 15 - Creation and Disposition 15.1 Council may from time to time by resolution establish such Ad Hoc Committees as it deems appropriate. 15.2 Ad Hoc Committees shall be discontinued by Council resolution when their recommendations upon the specified initiative or matter have been provided and further recommendations are no longer required. Section 16 - Terms of Reference 16.1 Ad Hoc Committees may consider delegations, correspondence, staff reports and matters for discussion in relation to the initiative or matter specified in their Terms of Reference in order to provide recommendations to General Committee. 16.2 Whenever possible the operating Terms of Reference shall be established by Council concurrent with the creation of the Ad Hoc Committee. In circumstances where to do so is not possible as a prelude to undertaking any other action, the Ad Hoc Committee shall meet, prepare and submit to General Committee the Terms of Reference for approval as soon as is practicable. Section 17 - Membership 17.1 The Mayor (or Deputy Mayor when acting in the place and stead of the Mayor) shall be ex-officio a Member of all Ad Hoc Committees as may be established from time to time. Accordingly, the ex-officio member may take part in discussions but may not take part in the vote unless that member is counted in order to form a quorum. 17.2 Council shall appoint all of the members to its Ad Hoc Committees and such persons may be such Council Members, or members of the public as Council determines may be of assistance to its Ad Hoc Committees, 17.3 Council Members who are not Committee Members shall be entitled to attend all Ad Hoc Committee meetings, including any in -camera portion of the meeting and shall be entitled to speak, but shall not be entitled to vote. Section 18 - Chair 18.1 The Chair and Vice Chair shall be elected from among members of the committee and shall have such responsibilities and powers as are provided for the Chair in Part I of this By-law. 18.2 In the absence of the person appointed by Council as Chair, the Committee Members shall elect one of their members as Chair for the purposes of that meeting. (24) OFFICE CONSOLIDATION Procedural By-law4835-06.0 18.3 The Chair shall provide leadership and direction to the Committee, and in consultation with such staff shall review and approve the content of the Agenda including any attachments for each Committee meeting. 18.4 The Chair shall direct the affairs of the Committee in accordance with the provisions of this By-law, applicable policies and procedures of the Municipal Corporation and provincial legislation. Section 19 - Quorum 19.1 A quorum for Ad Hoc Committees shall require the attendance of a majority of the members who may have been appointed. Section 20 - Administrative Support 20.1 The duties of the Secretary to each Ad Hoc Committee shall be carried out by staff as appointed by the C.A.O. in consultation with the Chair and each Secretary shall continue under the supervision of their respective Department Head. 20.2 Where the staff person appointed by the C.A.O. is unavailable, Committee members shall appoint a person as Secretaryforthe purposes of that meeting. 20.3 The Secretary shall prepare an Agenda and Attachments at the direction of the Chair and shall make such materials available as provided in this By-law to all Council Members, to the Committee's Members, to the C.A.O. and the Clerk and the Secretary shall provide Notice of the meeting to the public in accordance with the, provisions of Section 2 herein. 20.4 Where materials are provided for the Committee's consideration that were not previously circulated with the Agenda and Attachments, the Secretary shall make such materials available to all Council Members, the C.A.O. and the Clerk as soon as is practicable after the Committee meeting by placing a copy of such materials in the internal mail system of the Municipal Corporation. 20.5 The Secretary shall prepare and provide, under the signature of the Chair, a Committee Report of the Committee's meetings to the Clerk for inclusion on the General Committee Agenda, 20.6 The duties of Ad Hoc Committee Secretary shall not include circulation of correspondence arising from adoption of Ad Hoc Committee recommendations by Council, since that function will be provided by the Clerk. 20.7 It shall also be open to the C.A.O to provide the Committee with staff technical support should the matters to be considered by the Committee require such expertise and, in such cases, the role of the Secretary may be separated or consolidated with the role of the technical support person. (25) OFFICE CONSOLIDATION Procedural By-law4835-06.0 Section 21 - Open Meetings & Notice of Meetings 21.1 Meetings of Ad -Hoc Committees appointed by Council shall be held at the Aurora Town Hall or other disability accessible Town owned facility at a time and date established by the Committee at the beginning of the year/term, unless it is in the public interest to temporarily convene a meeting at another location within the Town of Aurora. 21.2 Any meeting of an Ad Hoc Committee may be cancelled or scheduled subjectto the approval of the majority of the committee, and proper notice of the change shall be circulated to the media and _posted on the Town's Notice Board if possible. 21.3 The Secretary shall give notice of all meetings by making available for pick-up or electronically if requested a copy of the Agenda and Attachments to all Council Members, to the Committee's Members, to the C.A.O, and to the Clerk. 21.4 The Secretary shall also place a copy of the Agenda on the bulletin board in the lobby of the Town Hall and shall make a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list. 21.5 Where a meeting is called upon less than twenty-four (24) hours advance notice, it shall be the responsibility of the Chair and the Secretary to make reasonable efforts to provide notice to those concerned. 21.6 All meetings of Ad Hoc Committees shall be open to the public, except as provided for in Section 2 herein, and Committee Members shall observe all provisions respecting Closed Session meetings in this By-law. Materials supplied for Closed Session consideration must previously have been circulated to all Members of Council, the C.A.O. and the Clerk, taking due care to ensure the confidentiality of such materials. Section 22 - Procedures and Rules of Debate 22.1 It is intended that the conduct of all Ad Hoc Committee Meetings shall be formal. 22.2 The order of business shall include disclosures of interest and the Committee shall have authority to hear delegations and to consider reports and correspondence in addition to topics for general discussion within the Committee's Terms of Reference. 22.3 Debate on any matter shall proceed formally under the direction of the Chair, except that Committee Members may speak to any issue more than once provided all other Committee Members who wish to speak have had an opportunity to do so. 22.4 No vote taken at a Committee meeting shall be a recorded vote and any vote previously taken during that meeting may be reconsidered. (26) OFFICE CONSOLIDATION Procedural By-law4835-06.0 22.5 The Chair shall have authority to determine the conduct of members in accordance with Section 4 herein. Section 23 - Reporting 23.1 No discussion or recommendation of an Ad Hoc Committee shall constitute an act of Council unless such recommendation is presented to General Committee and then adopted by Council. (27) OFFICE CONSOLIDATION Procedural By-law 4635-06.0 PART IV -ADVISORY COMMITTEES Section 24 - Creation and Disposition 24.1 Council may from time to time by resolution establish such Advisory Committees as it deems appropriate to provide directions to such Department Heads as it may designate on a specific initiative or matter. 24.2 Advisory Committees shall be discontinued by Council resolution when their recommendations upon the specified initiative or matter have been provided and further recommendations are no longer required. Section 25 - Terms of Reference 25.1 Advisory Committees may consider delegations, correspondence, staff reports and matters for discussion in relation to their Terms of Reference in order to provide recommendations to General Committee. 25.2 Whenever possible the operating Terms of Reference shall be established by Council concurrent with the creation of the Advisory Committee. In circumstances where to do so is not possible as a prelude to undertaking any other action, the Advisory Committee shall meet and prepare the Terms of Reference for inclusion in a Report to General Committee for approval as soon as is practicable. Section 26 - Membership 26.1 Council shall appoint all of the members to its Advisory Committees and such persons may consist of Members of Council and members of the public as Council determines may be of assistance to its Advisory Committees. 26.2 Council Members who are not Committee Members shall be entitled to attend all Advisory Committee meetings, including any in -camera portion of the meeting, and shall be entitled to speak, but shall not be entitled to vote. This privilege shall not be extended to Statutory Committees or Boards such as the Committee of Adjustment, or the Library Board. Section 27 - Chair 27.1 The Chair and Vice Chair shall be elected from amongst members of the Committee, and shall have such responsibilities and powers as are provided for the Chair in Part I of this By-law. 27.2 In the absence of the Chair, the Committee Members shall elect one of their members as Acting Chair for the purposes of that meeting. 27.3 The Chair shall provide leadership and direction to the Committee and in consultation with staff shall review and approve the content of the Agenda including any attachments for each Committee meeting. (28) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 27.4 The Chair shall direct the affairs of the Committee in accordance with the provisions of this By-law and applicable policies and procedures of the Municipal Corporation and provincial legislation. Section 28 - Quorum 28.1 A quorum for Advisory Committees shall require the attendance of a majority of the members who have been appointed. Section 29 - Administrative Support 29.1 The duties of the Secretary to each Advisory Committee shall be carried out by staff as directed by the Clerk. 29.2 Where the staff person is unavailable, Committee members shall appoint a person as Secretary for the purposes of that meeting. 29.3 The Secretary shall prepare an Agenda and Attachments at the direction of the Chair and shall make such materials available as provided in this By-law to all Council Members, to the Committee's Members, to the C.A.O. and the Clerk and the Secretary shall provide Notice of the meeting to the public in accordance with the provisions of Section 2 herein. 29.4 Where materials are provided for the Committee's consideration that were not previously circulated with the Agenda and Attachments, the Secretary shall make such materials available to all Council Members, the C.A.O. and the Clerk as soon as is practicable after the Committee meeting by placing a copy of such materials in the internal mail system of the Municipal Corporation. 29.5 The Secretary shall prepare and provide, under the signature of the Chair, a Committee Report of the Committee's meetings to the Clerk for inclusion on the General Committee Agenda. Section 30 - Open Meetings & Notice of Meetings 30.1 Meetings of Advisory Committees appointed by Council shall be held at the Aurora Town Hall or other disability accessible Town owned facility at a time and date established bythe Committee atthe beginning of the year/term, unless it is in the public interest to temporarily convene a meeting at another location within the Town of Aurora. 30.2 Any meeting of an Advisory Committee may be cancelled or scheduled subject to the approval of the majority of the committee, and proper notice of the change shall be circulated .to the media and posted on the Town's Notice Board if possible. ' 30.3 The Secretary shall give notice of all meetings by making available for pick-up a copy of the Agenda and Attachments to all Council Members, to the Committee's Members, to the C.A.O. and to the Clerk. (29) OFFICE CONSOLIDATION Procedural By-law 4635-06.0 - 30A The Secretary shall also place a copy of the Agenda on the bulletin board in the lobby of the Town Hall and shall make a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list. 30.5 Where a meeting is called upon less than twenty-four (24) hours advance notice, it shall be the responsibility of the Chair and the Secretary to make reasonable efforts to provide notice to those concerned. 30.6 All meetings of Advisory Committees shall be open to the public, except as provided for in Section 2 herein, and Committee Members shall observe all provisions respecting Closed Session meetings in this By-law. Materials supplied for Closed Session consideration must previously have been circulated to all Members of Council, the C.A.O. and the Clerk, taking due care to ensure the confidentiality of such materials. Section 31- Procedures and Rules of Debate 31.1 It is intended that the conduct of all Advisory Committee Meetings shall be formal. 31.2 The order of business shall include disclosures of interest and the Committee shall have authority to hear delegations and to consider reports and correspondence in addition to topics for general discussion within the Committee's Terms of Reference. 31.3 Debate on any matter shall proceed formally under the direction of the Chair, except that Committee Members may speak to any issue more than once provided all other Committee Members who wish to speak have had an opportunity to do so. 31.4 No vote taken at a Committee meeting shall be a recorded vote and any vote previously taken during that meeting may be reconsidered. 31.5 The Chair shall have authority to determine the conduct of members in accordance with Section 2 herein. Section 32 - Reporting 32.1 No discussion or recommendation of an Advisory Committee shall constitute an act of Council unless such recommendation is presented to General Committee and then adopted by Council (30) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 PART V - LOCAL BOARDS Section 33 - Creation and Disposition 33.1 Council may from time to time by By-law establish such Local Boards as it deems appropriate to carry out those functions which Council may lawfully authorize such Local Boards to perform, pursuant to the statute authorizing the creation of the Local Board. 33.2 Local Boards shall only be discontinued by Council By-law, provided such Local Boards are not mandated by provincial legislation. Section 34 - Terms of Reference 34.1 The operating Terms of Reference shall be provided in the Council By-law establishing the Local Board or subsequent amendments thereto within the jurisdiction of Council and in the provincial legislation authorizing creation of the Local Board. Section 35 - Membership 35.1 The members for each Local Board shall be appointed from time to time by By- law or resolution. 35.2 Council Members who are not Local Board Members shall be entitled to attend all Local Board meetings and shall be entitled to speak at the invitation of the Chair, but shall not be entitled to vote. Section 36 - Chair 36.1 The Chair of each Local Board and the term of the Chair shall be determined by Local Board Members except to the extent that Provincial legislation or a Council By-law relating specifically to that Local Board provides otherwise. 36.2 In the absence of the person elected as Chair, the Local Board Members shall elect one of their members as Chair, as well as a Vice Chair. 36.3 The Chair shall provide leadership and direction to the Local Board and in consultation with staff, shall review and approve the content of the Agenda including any attachments for each Local Board meeting. 36.4 The Chair shall direct the affairs of the Local Board in accordance with the provisions of this By-law, applicable policies and procedures of the Municipal Corporation and provincial legislation. Section 37 - Quorum 37.1 Except to the extent that Provincial legislation or a Council By-law relating specifically to that Local Board provides otherwise, a quorum for the Local Boards shall require the attendance of a majority of the Local Boards Members who may have been appointed. (31) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 Section 38 - Administrative Support 38.1 The duties of the Secretary to each Local Board shall be carried out by staff as appointed by the C.A.O. and each Secretary shall continue under the supervision of their respective Department Head. 38.2 Where the staff person appointed by the C.A.O. is unavailable, Local Board members shall appoint a person as Secretary for the purposes of that meeting. 38.3 The Secretary shall prepare an Agenda and Attachments at the direction of the Chair and shall make such materials available as provided in this By-law to all Council Members, to the Board's Members, to the C.A.O. and the Clerk and the Secretary shall provide Notice of the meeting to the public in accordance with the provisions of Section 2 herein, subject to applicable provincial legislation. 38.4 Where materials are provided for the Board's consideration that were not previously circulated with the Agenda and Attachments, the Secretary shall make such materials available to all Council Members, the C.A.O, and the Clerk as soon as is practicable after the Local Board meeting by placing a copy of such materials in the internal mail system of the Municipal Corporation. 38.5 The Secretary shall prepare a formal Record of the Local Board's meetings to be provided for the information of General Committee underthe signature of the Chair, if so directed by the Chair of the Local Board, or shall prepare an informal Record of the Board's meetings to form part of the files retained by the Municipal Corporation, subject to applicable provincial legislation. 38.6 Where the Local Board's meetings generate recommendations to be considered by Council, the Secretary shall prepare a Local Board Report under the signature of the Chair to be placed on the General Committee Agenda for consideration. Section 39 - Open Meetings & Notice of Meetings 39.1 Meetings of Local Boards appointed by Council shall be held at the Aurora Town Hall or other disability accessible Town owned facility at a time and date established by the Committee at the beginning of the year/term, unless it is in the public interest to temporarily convene a meeting at another location within the Town of Aurora. 39.2 Any meeting of a Local Board may be cancelled or scheduled subject to the approval of the majority of the committee, and proper notice of the change shall be circulated to the media and posted on the Town's Notice Board if possible. 39.3 The Secretary shall give notice of all meetings by making available for pick-up a copy of the Agenda and Attachments to all Council Members, to the Local Board's Members, to the C.A.O. and to the Clerk. (32) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 39.4 The Secretary shall also place a copy of the Agenda on the bulletin board in the lobby of the Town Hall and shall make a copy of the Agenda available to the Aurora Public Library and to those members of the press who have requested that they be placed on the circulation list. 39.5 Where a meeting is called upon less than twenty-four (24) hours advance notice, it shall be the responsibility of the Chair and the Secretary to make reasonable efforts to provide notice to those concerned. 39.6 All meetings of Local Boards shall be open to the public, except as provided for in Section 2 herein, and Board Members shall observe all provisions respecting In -Camera meetings in this By-law. Materials supplied for Closed Session consideration must previously have been circulated to all Members of Council, the C.A.O. and the Clerk, taking due care to ensure the confidentiality of such materials. Section 40 - Procedures and Rules of Debate 40.1 It is intended that the conduct of all Local Board Meetings shall be formal, and the meeting shall incorporate all statutory requirements in relation to that Local Board. 40.2 The order of business shall include disclosures of interest. 40.3 Debate on any matter may proceed formally under the direction of the Chair, except that Local Board Members may speak to any issue more than once provided all other Local Board Members who wish to speak have had an opportunity to do so. 40.4 The Chair shall have authority to determine the conduct of members in accordance with Section 2 herein. Section 41 - Reporting 41.1 Each Local Board shall report to the entity set forth in its enabling provincial legislation or the Council By-law enacted in relation to that Board. 41.2 No discussion or recommendation of a Local Board shall constitute an act of Council unless such recommendation is presented to General Committee and then adopted by Council. (33) OFFICE CONSOLIDATION Procedural By-law 4835-06.0 PART VI — GENERAL PROVISIONS Section 42 — Financial Budget Allocations 42.1 Any budget allocations for Ad Hoc Committees, Advisory Committees, and Local Boards shall be used solely for the purpose of the mandate established in the Terms of Reference or as approved by Council. "Section 43 — Electronic Recordings 43.1 Electronic recordings of proceedings shall occur at all public meetings of Council, General Committee, Public Planning and any other Committees deemed by Council resolution. Section 44 - Assembly 44.1 In this By-law, "Assembly" means an informal gathering of Members of Council or of a Committee, held in accordance with this section. 44.2 An Assembly shall not be deemed to be a meeting of the Council or Committee and shall not be subject to the rules and regulations applicable to meetings, contained in this By-law. 44.3 The Council may decide, at a meeting open to the public, to convene an informal gathering of its Members, or of the Members of a Committee, to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Council or Committee. 44.4 The Council, in deciding to convene an Assembly, shall designate the general purpose or purposes for which the Assembly is to be held, and no other matters may be considered by the Assembly. 44.5 An Assembly may be held at any place designated by the Council at the time at which it makes its decision to convene the Assembly, whether or not within the boundaries of the Town or of any adjacent municipality. 44.6 All Members of the Councilor Committee respectively are entitled to attend at the Assembly, together with designated staff or consultants retained by the Town. In deciding to convene the Assembly, Councilor Committee may decide to exclude the public therefrom. 44.7 No motion, resolution, by-law, debate, agreement in principle, consensus, straw vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Assembly that would further the business of the Corporation. (34) OFFICE CONSOLIDATION Procedural By-law4835-06.0 44.8 The Council or Committee shall, at the commencement of an Assembly, designate a person to make notes describing in general terms each subject matter dealt with at the Assembly. 44.9 The notes taken pursuant to 44.8 shall, after the conclusion of the Assembly, be maintained as a public record under the control of the Clerk. Section 45 — Review of the Procedural By-law Council shall review the Procedural By-law within the first 6 months of the second year of each term of Council Section 46 — Review of the Council Code of Ethics Council shall review the Council Code of Ethics within the first 6 months of the first year of each term of Council Section 47 — SCHEDULES Schedule "A" -Audit Committee Terms of Reference and Schedule "B" Council Code of Ethics, shall form part of the Procedural By-law, Section 48 — SEVERABILITY Each and every one of the provisions of this By-law is severable and if any provisions of this By-law should, for any reason, be declared invalid by any Court, it is the intention and desire of Council that each and every one of the then remaining provisions hereof shall remain in full force and effect. Section 49 — CONFLICT If there is any conflict between this By-law and any statute, the provisions of the statute shall prevail. Repeal By-laws 4280-01.C, 4303-01.C, 4384-02.C, 4396-02.C, 4614-04.C, are hereby repealed. READ A FIRST AND SECOND TIME THIS 22"d DAY OFAUGUST, 2006. READ A THIRD TIME AND FINALLY PASSED THIS 22"d DAY OFAUGUST, 2006. T. JONES, MAYOR B, PANIZZA, TOWN CLERK (35)