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AGENDA - Council - 20180611 The Corporation of the Town of Aurora By-law Number 6068-18 Being a By-law to govern the proceedings of Council and Committee meetings of the Town of Aurora. Whereas subsection 238 (2) of the Municipal Act, 2001 requires every Council and local board to adopt a Procedure by-law for governing the calling, place and proceedings of Meetings; And whereas subsection 11 (2) of the Municipal Act, 2001 provides that upper and lower tier municipalities may pass by-laws respecting accountability and transparency of the municipality and its operations and of its local boards and their operations; and, And whereas it is Council’s desire to follow a process of municipal governance that reflects an open, transparent government; And whereas Council, in the interest of good governance, recognizes a Procedure By-law as a hallmark of accountability and transparency; and, And whereas Council considers it necessary to enact a by-law in this regard and to repeal Procedural By-law Number 5920-16, as amended; Now therefore the Council of the Corporation of The Town of Aurora hereby enacts as follows: 1. Definitions In this Procedure By-law: a) “CAO” means the Chief Administrative Officer of the Town or his/her designate; b) “Chair” means the presiding officer at a meeting of Council or a Committee; c) “Clerk” means the Clerk of the Town or his/her designate; d) “Closed Session” means a Meeting, or part of a Meeting of Council or a Committee, which is closed to the public as permitted by the Municipal Act, 2001; e) “Code of Ethics” means the “Code of Ethics”, a declaration of the principles of good conduct and ethics. f) “Committee” means any Standing Committee of Council or an advisory or special Committee established by Council from time to time; g) “Confirming By-law” means a by-law passed for the purpose of giving effect to a previous decision or proceeding of Council; h) “Council” means the Members of Council of the Town of Aurora; i) “Delegation” means an address to Council or a Committee at the request of a person wishing to speak; j) “Deputy Mayor” means the Councillor who received the highest number of votes in the last regular election; By-law Number 6068-18 Page 2 of 31 k) “Director” means a Director of the Town or his/her designate or successor in title; l) “Emergency Weather Event” means an emergency weather event as defined by Town Policy No. HR-23 – Facility Closure – Inclement Weather/Power Failure – as may be amended from time to time; m) “Friendly Amendment” means an amendment to the Motion under debate with the consent of the mover and seconder only, and without the requirement for an amending Motion to be made; n) “Frivolous” means without merit or substance or is trivial; o) “Head” means the individual or body determined to be head under the Municipal Freedom of Information and Protection of Privacy Act, 1990 p) “Inaugural Meeting” means the first Meeting of Council after a regular election; q) “Local Board” means a local board defined by the Municipal Act, 2001; r) “Mayor” means the Mayor of the Town; s) “Meeting” means any regular, special or other Meeting of Council or a Committee and includes a Workshop; t) “Member” means any individual elected to Council or a person appointed by Council to a Committee; u) “Motion” means a proposal moved by a Member, and seconded by another Member, to adopt, amend, or otherwise deal with a matter before Council or a Committee; v) “Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c.25, as amended; w) “Municipal Conflict of Interest Act” means the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended; x) “Municipality” means The Corporation of the Town of Aurora; y) “Notice” means written notice, except where legislation, by-law or policy of the Town provides for another form and manner of notice; z) “Offending Member” means a Member who has been found by the Chair or by Council or by a Committee to have disobeyed a rule in this Procedure By- law or a Chair’s ruling; aa) “Open Forum” means the time period that is fifteen (15) minutes prior to the scheduled General Committee Meeting, during which any individual may address General Committee to make informal inquiries or to commenton matters of municipal business; bb) “Point of Order” means a Motion raised by a Member drawing attention to an infraction of this Procedure By-law; By-law Number 6068-18 Page 3 of 31 cc) “Point of Personal Privilege” means a Motion raised by a Member which concerns the health, safety, rights, or integrity of the Member, the Council, a Committee, Staff or anyone present at a Meeting; dd) “Procedural Matter” means a matter or Motion of a procedural nature; ee) “Public Planning Meeting” means a Meeting held pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended, or other statute; ff) “Quorum” means the number of Members required for the legal conduct of the business of Council or a Committee. gg) “Resolution” means the decision of Council on any Motion; hh) “Robert’s Rules of Order” means the most current edition of Robert’s Rules of Order, Newly Revised; ii) “Rules of Procedure” means the rules and regulations contained in this Procedure By-law and that govern the proceedings of Council and its Committees; jj) “Staff” means an employee(s) of the Town; kk) “Standing Committee” means a Committee established by Council and consisting solely of all Members of Council; ll) “Town” means The Corporation of The Town of Aurora; mm) “Town Hall” means the municipal offices located at 100 John West Way, Aurora, Ontario; nn) “Vexatious” means without merit and pursued in a manner that is malicious or intended to embarrass or harass the recipient or others; oo) “Workshop” means a Meeting of Council or Committee for the purpose of discussing issues in an informal venue. 2. Purpose and Application a) This By-law shall be known as the Procedure By-law and establishes the rules of procedure for Council and Committee Meetings. 3. Principles of the Procedure By-law a) The principles of openness, transparency and accountability to the public guide the Town’s decision-making process. In the context of Council and Committee proceedings, this is accomplished by: i) Ensuring the decision-making process is understood by the public and other stakeholders; ii) Providing access to information and opportunities for input by the public and other stakeholders consistent with the requirements of this Procedure By-law and other statutory requirements; iii) Exercising and respecting individual and collective roles and responsibilities provided for in this Procedure By-law and other statutory requirements. By-law Number 6068-18 Page 4 of 31 b) The protection of basic rights by recognizing the right of the majority to decide, the minority to be heard and individuals to have the opportunity to participate. c) The principles of parliamentary law governing Council and Committee Meetings include: i) Every Member has the right to one vote, unless prevented by law; ii) Each Member has the right to be heard on a matter, unless prevented by law; iii) Each Member has the right to information to help make decisions, unless prevented by law; iv) Each Member has the right to an efficient meeting; v) Each Member has the right to be treated with respect and courtesy; vi) Each Member represents the public and will first and foremost consider the well-being and interests of the Municipality. 4. Interpreting the Procedure By-law a) In the event of conflict between this Procedure By-law and legislation, the provisions of the legislation prevail. b) If there is a conflict between two or more rules in this Procedure By-law, or if there is no specific rule on a matter, the Chair will rule. In making a ruling, the Chair may consult the Clerk, rely on previous rulings and practices, or refer to Robert's Rules of Order. 5. Suspension of Rules a) Rules of Procedure provided for in this Procedure By-law may be suspended by a two-thirds majority vote of Council or a Committee, with the exception of the following circumstances: i) Where required by law; ii) Contractual agreements binding the Town; iii) Quorum requirements. b) A Motion to suspend the Rules of Procedure required by this Procedure By- law shall not be debatable or amendable. 6. Standing Committees a) General Committee i) The General Committee shall be comprised of all Members of Council. ii) The General Committee may consider delegations, Community presentations, correspondence, staff reports and matters which may require more elaboration and discussion than would be appropriate in a Council Meeting and such other matters as Council may determine. Recommendations from General Committee will be considered by Council. By-law Number 6068-18 Page 5 of 31 b) Audit Committee i) The Audit Committee shall be comprised of all Members of Council. ii) The Audit Committee shall: (a) Review audited financial statements; (b) Review significant management letter comments and related recommendations; (c) Review the appointment of auditors; and (d) Make recommendations regarding the above to Council. iii) The Committee’s mandate shall include operational reviews. iv) Meetings will be held at the call of the Chair. Agendas will be distributed to Members of Council at least forty-eight (48) hours prior to the Meeting. c) Budget Committee i) The Budget Committee will be comprised of all Members of Council. ii) The Budget Committee shall make recommendations to Council on approval of the Town’s annual operating and capital budgets. iii) The Budget Committee has delegated authority to: (a) Approve the Meeting minutes of the Budget Committee; (b) Direct staff to bring forward information to the Budget Committee as needed, and defer matters to a future General Committee or Budget Committee meeting; and (c) Direct staff to prepare and bring forward for Council’s consideration a report summarizing Committee recommendations on the annual capital and operating budgets. iv) Budget Committee Meetings will be held as outlined in the Meeting Schedule, as approved by Council. 7. Committees a) When not provided for in the Committees’ Terms of Reference or the Town Policy for Ad Hoc/Advisory Committees and Local Boards, the Rules of Procedure set out in this Procedure By-law shall govern all Meetings of all Committees, including any ad hoc, Advisory Committees, or Local Boards. 8. Chair of Meeting a) The Chair is the presiding officer at a Meeting of Council or a Committee. b) The Chair of a Meeting of Council, Audit Committee, Budget Committee, a Closed Session or a Workshop Meeting is the Mayor. In the absence of the Mayor, the Deputy Mayor is Chair. c) The Chair of a Meeting of General Committee shall be rotated among the Members of Council, excluding the Mayor, every two (2) consecutive meetings, in descending order of votes received by the Members in the last regular election.