BY-LAW
NO. 106
TOWN
OF GRAND BAY-WESTFIELD BY-LAW RESPECTING THE PROCEDURE AND ORGANIZATION
OF THE COUNCIL
The
Council of the Municipality of Grand Bay-Westfield under authority
vested
in it by Section 11 of the Municipalities Act, R.S.N.B. 1973,
c.M-22
enacts as follows:
SEAL
1.
The corporate seal of the Town of Grand Bay-Westfield, which has
inscribed
thereon the words, Town of Grand Bay-Westfield, and the seal appearing
on the final page of this By-law is adopted as its corporate seal.
2.
The Corporate Seal shall at all times be under the custody of the Clerk
and shall be used by him/her in corporate matters as required under the
Municipalities
Act, R.S.N.B. 1973, C.m-22.
DEFINITIONS
3.
In this By-law,
(a)
"Manager" means the Manager/Chief Administrative Officer of the
Municipality;
(b)
"Clerk" means the Clerk of the Municipality;
(c)
"Assistant Clerk" means the Assistant Clerk of the Municipality;
(d)
"Corporation" means the Municipality;
(e)
"Council" means the Mayor and Councillors of the Municipality;
(f)
"Mayor" means the Mayor of the Municipality;
(g)
"Councillor" means a member of the Council other than the Mayor;
(h)
"Member" means any person elected to the Council;
(i)
"Municipality" means the Town of Grand Bay-Westfield;
(j)
"Municipal Officer" means a person appointed by the Council under the
Municipalities
Act, R.S.N.B. 1973, C.m-22 in a supervisory capacity;
(k)
"Quorum" means a majority of the full number of members of a Council;
(l)
"Vacancy" means as defined in the Municipalities Act, R.S.N.B.
1973,
C.m-22;
(m)
"Point of order" means
(i)
any breach of the procedural and organizational By-law; or
(ii)
any defect in the constitution of any meeting of the Council; or
(iii)
the use of improper, offensive or abusive language; or
(iv)
notice of the fact that the motion under discussion is not within the
scope
of the notice or motions, or
v)
any other informality or irregularity in the proceedings of Council;
(n)
"question of privilege" means any scandalous or libelous reflection on
the proceedings of Council or on any member.
4.
The rules and regulations contained in this By-law shall be observed in
all proceedings of the Council and shall be the rules and regulations
for
the order and dispatch of business in the Council and in the committees
thereof, provided that the rules and regulations contained herein may
be
suspended by a two-thirds (2/3) affirmative vote of the Council.
MEETINGS
REGULAR
MEETINGS
5.
(1) A newly elected Council
(a)
shall hold its first meeting in the Council Chambers at 7:30 o'clock in
the evening of the fourth Monday in May following its election; and
(b)
shall transact no business at its first meeting until the oaths of
office
have been taken and subscribed to by all members who present themselves
for that purpose; and
(c)
shall elect at their first meeting a Deputy Mayor, which Deputy Mayor
so
elected shall be that member of the newly elected Council who received
the highest number of public votes of all of the members of the newly
elected
Council, which Deputy Mayor shall hold office until the end of that
Council member's term as Councillor, or until the next municipal
election,
whichever is earlier.
(2)
The Council shall hold regular meetings on the 2nd and 4th Monday of
each
month in the Council Chambers at 7:30 p.m. hours unless otherwise
determined
by motion passed by the affirmative vote of at least two-thirds (2/3)
of
the members present at the meeting to which the motion is put.
(3)
Public notice of the date and time of regular council meetings shall be
given by posting the dates and times on the Town's internet web site
and
by posting a notice on the front door of the Town office.
(4)
When the day for a regular meeting of Council is a public or civic
holiday,
the Council shall, unless the Council decides otherwise, meet at the
same
hour on the following day, which is not a public or civic holiday.
(5)
In the absence or inability of the Mayor to act, or if the office of
Mayor
is vacant, the Deputy Mayor shall act in the place of the Mayor, and
while
acting, he/she possesses the powers and shall perform the duties of the
Mayor.
(6)
In the absence or inability of both the Mayor and the Deputy Mayor to
act,
or if their offices are vacant a Councillor shall be elected to act
from
time to time in the place and stead of the Mayor by a majority vote of
the members.
(7)
The Clerk shall provide to each member not later than forty-eight (48)
hours before the time fixed for each regular meeting, a notice of
meeting
setting out the time of the meeting and all business to be brought
before
Council.
(8)
No matter shall be placed on the agenda for consideration at any
regular
Council meeting unless the request for consideration of the matter is
received
by the Clerk in writing before 12:00 noon on the Wednesday of the
preceding
week on which the meeting is to be held.
(9)
Any business may be introduced and dealt with at a regular Council
meeting
with the unanimous approval of the members present expressed by motion.
SPECIAL MEETINGS
6.
The Mayor or his/her designate and three other members of
Council
may at any time call a special meeting of Council on 24 hours verbal
notice
to the members of Council, or upon receipt by the Clerk of the petition
of the majority of the members for the purpose and at the time
mentioned
in the petition. Twenty-four (24) hours notice on all special meetings
of Council shall be given to the members through the Clerk's office.
The
only business to be dealt with at a special meeting is that which is
listed
in the notice of the meeting except by unanimous consent of all
the members present.
EMERGENCY
MEETINGS
7.
Upon the consent of the Mayor and all of the members of Council, an
emergency
meeting of Council may be called. The only business to be dealt with at
an emergency meeting of Council shall be that agreed to be dealt with
by
the unanimous consent of all members present.
GENERAL
PROVISIONS REGARDING MEETINGS
8.
The Council may prohibit the tape recording of its proceedings and/or
forbid
any conduct likely to interfere with its proceedings.
9.
When in the opinion of the Mayor, a member of the public is guilty of
improper
conduct at a Council meeting, the Mayor may require that person to
leave
the meeting forthwith.
DECISIONS
OF COUNCIL
10.
All decisions of Council shall be:
(a)
made in a regular, special or emergency meeting of Council, and
(b)
adopted by a by-law or resolution of Council,
and
no decision of Council is valid unless this section is complied with.
CURFEW
11.
No item of business may be dealt with at a Council meeting after eleven
(11:00) p.m. unless by vote of two-thirds (2/3) of the members present
the Council determines otherwise.
CALLING
OF
MEETING TO ORDER AND QUORUM
12.
(1) A majority of members must be present at any regular, special, or
emergency
meeting of Council to constitute a quorum.
(2)
Subject to Section 14, as soon as the hour fixed for the holding of the
meeting of the Council as a quorum is present, the presiding officer
shall
take the Chair and call the meeting to order.
ABSENCE
OF MAYOR
13.
Subject to the provisions of the Municipalities Act, R.S.N.B.
1973,
C.m-22, and where no presiding officer has been appointed under
Subsection
5(5) or 5(6) of this By-law, in case the Mayor or the Deputy Mayor does
not attend within fifteen (15) minutes after the time appointed for a
meeting
of Council, the Clerk shall call the members to order and a presiding
officer
shall be elected from among the members present and he/she shall
preside
until the arrival of the Mayor or Deputy Mayor.
NO
QUORUM
14.
If no quorum is present one half hour after the time appointed for a
meeting
of the Council, the Clerk shall record the names of the members present
and the meeting shall stand adjourned until the date of the next
regular
meeting.
AGENDA
15.
The Clerk shall have prepared and printed for the use of the members at
the regular meetings of Council an agenda under the following headings:
1)
Call to Order - 7:30 p.m.
2)
Record of Attendance
3)
Approval of the Order of Business and Approval of Additions and
Deletions
4)
Disclosure of Conflict of Interest
5)
Public Hearings
6)
Public Presentations
7)
Minutes of Previous Meetings
8)
Bills for Payment
9)
Consent Agenda
10)Business
Arising
from the Minutes
11)
Delegations
12)
Petitions
13)By-laws
14)Notice of
Motions
15)Reports
16)
Other Items of Business in Numerical Order
Adjournment
16.
(1) The minutes of the preceding meeting shall be approved or amended
and
approved on motion.
(2)
Minutes of the last preceding meeting shall not be read at the meeting
unless a member so requests in which case, the Clerk shall read the
minutes
before the Council deals with the business before it in the order set
out
in Section 15.
(3)
The business of the Council shall in all cases be taken up in the order
in which it stands upon the agenda unless otherwise decided by motion
of
Council.
PUBLIC
PARTICIPATION
AT COUNCIL AND COMMITTEE MEETINGS
17.
Subject to sections 8, 9, 18 and 19 of this by-law, all regular,
special
and emergency meetings of Council, and all meetings of Committees of
Council,
are open to the public and no member of the public shall be excluded
there
from.
18.
If it is necessary at a meeting of Council or a Committee of Council to
discuss any of the following matters, the public may be excluded from
the
meeting for the duration of the discussion:
(a)
information the confidentiality of which is protected by law;
(b)
personal information;
(c)
information that could cause financial loss or gain to a person or the
municipality or could jeopardize negotiations leading to an agreement
or
contract;
(d)
the proposed or pending acquisition or disposition of land for a
municipal
purpose;
(e)
information that could violate the confidentiality of information
obtained
from the Government of Canada or from the Province;
(f)
information concerning legal opinions or advice provided to the
municipality
by a municipal solicitor, or privileged communications as between
solicitor
and client in a matter of municipal business;
(g)
litigation or potential litigation affecting the municipality or any of
its agencies, boards or commissions, including a matter before an
administrative
tribunal;
(h)
the access to or security of particular buildings, other structures or
systems, including computer or communications systems, or the access to
or security of methods employed to protect such buildings, other
structures
or systems;
(i)
information gathered by police, including the Royal Canadian Mounted
Police,
in the course of investigating any illegal activity or suspected
illegal
activity, or the source of such information; or
(j)
labour and employment matters, including the negotiation of collective
agreements.
19.
If a meeting of a Committee of Council is closed to the public pursuant
to section 18, no decisions shall be made at the meeting except for
decisions
related to:
(a)
procedural matters;
(b)
directions to an officer of the municipality, or
(c)
directions to a solicitor for the municipality.
20.
If a meeting is closed to the public pursuant to section 18, a record
shall
be made containing only the following:
(a)
the type of matter under section 18 that was discussed during the
meeting;
and
(b)
the date of the meeting.
21.
The record made under section 20 shall be available for examination by
the public in the office of the Clerk during regular office hours.
22.
Members of the public present at a meeting of Council or a Committee of
Council shall:
(a)
conduct themselves in a respectful way and in such a way as to not
disrupt
the meeting and the business of Council or a Committee of Council, as
the
case may be; and
(b)
not be permitted to address Council unless the subject matter of the
address
is on the agenda and until permitted to speak by the person chairing
the
meeting.
23.
Members of the public wishing to place a matter on the agenda for an
upcoming
meeting of Council or a Committee of Council and wishing to address
Council
or a Committee of Council shall, no later than 12:00 noon on the
Wednesday
preceding the meeting, give written notice of the subject matter and
the
person's request to address Council, which notice shall be
given
by filing the notice in the office of the Clerk.
24.
(1) All delegations wishing to address Council shall be heard by
Council
or by the appropriate Committee of Council by appointment to be made
with
the Clerk prior to the meeting deadline for which the appointment is
requested.
(2)
Delegations heard by Council shall be limited in speaking to not more
than
ten (10) minutes except that a delegation consisting of more than five
(5) persons shall be limited to two (2) speakers, each limited to
speaking
not more than ten (10) minutes.
ORDER
25.
The presiding officer shall preserve order and decorum at the Council
meetings
and decide all questions of order, subject to an appeal to Council upon
motion which motion may be made at any time and shall be put to the
meeting
immediately and decided forthwith.
RULINGS
OF
ORDER
26.
When the presiding officer is called upon to decide a point of order or
practice, he/she shall state the question without unnecessary comment
and
decide the issue citing the rule or authority applicable thereto.
MAYOR
ENTERING
DEBATE
27.
Where the Mayor wishes to participate in the debate at a Council
meeting,
he/she
shall leave the Chair and call on the Deputy Mayor if present or,
if
not present, a Councillor to preside until he/she resumes the Chair.
The
Mayor must resume the Chair previous to the vote being taken.
CHAIRPERSON
28.
A Chairperson, whether appointed by the Mayor or elected by Council to
act in the absence of the Mayor and the Deputy Mayor, shall have the
same
authority while presiding at a Council meeting as the Mayor would have
if present and occupying the Chair.
MANNER
OF
SPEAKING
29.
Every member shall address himself/herself to the presiding officer.
WHO
SHALL
HAVE THE FLOOR
30.
When two or more members arise to speak at the same time, the presiding
officer shall recognize the member who first attracts his/her attention.
VOTING
31.
Subject to Subsections 32 and 33 the Mayor shall vote only in a case of
equal division and every other member present at the meeting when a
question
or motion is put shall vote thereon unless
(a)
excused by Council by motion,
(b)
personally interested in the question or motion in a manner which
prevents
the member from voting legally,
(c)
the question or motion may result in the personal pecuniary profit for
the member,
and
in all cases the member shall disclose his/her conflict of interest if
applicable in which case he/she shall leave the room in accordance with
Section 79(2) and the fact of his/her not voting and the reason
therefor
shall be entered upon the minutes by the Clerk.
32.
When the presiding officer is other than the Mayor all members
shall
vote.
33.
Where under the Community Planning Act a majority vote of the whole
Council is required and unless otherwise ineligible, the Mayor may vote
once on any motion.
ABSTENTION
BY MEMBER FROM VOTING
34.
Where a member abstains from voting and is not excused by Council or
for
the reasons stated in Section 31, the Clerk shall record him/her as
voting
in the affirmative on the question or motion before the Council.
INTERRUPTIONS
35.
(1) Where the presiding officer is putting a question or motion, no
member
shall leave his/her seat or make any noise or disturbance.
(2)
When the presiding officer or a member is speaking, no person may pass
between him/her and the Chair or interrupt him/her except to raise a
point
of order.
PRIVILEGE
36.
When a question of privilege arises it shall be taken into
consideration
immediately.
APPEAL
TO
COUNCIL
37.
(1) Any member may appeal to Council the decision of the Chair on a
point
of order at the time the matter is being addressed by Council. The
member
of Council appealing the ruling of the Chair shall clearly and
succinctly
state the reasons for the point of order and any breach of the rules of
order. The Chair may give his/her reasons for his/her ruling. Council
shall
then decide the question without debate.
(2)
Where there is no appeal under Subsection (1), the decision of the
presiding
officer is final.
MEMBERS
MAY FILE PROTESTS AGAINST COUNCIL ACTION
38.
Any member of Council shall have the right to have the reasons for
his/her
dissent from, or protest against, any action of Council entered on the
minutes.
DISRESPECTFUL
STATEMENTS
39.
(1) No member shall
(a)
speak disrespectfully of the reigning Sovereign or of any of the Royal
Family or of the Governor-General or person administering the
Government
of Canada or of the Lieutenant Governor or of a person administering
the
government of the Province of New Brunswick,
(b)
use offensive words against the Council or any member thereof,
(c)
speak beside the question or motion in debate,
(d)
reflect upon any vote of the Council except for the purpose of moving
that
the vote be rescinded,
(e)
refuse to obey this By-law, or
(f)
disobey the decision of the Mayor and in his/her absence the presiding
officer on questions of order or practice.
(2)
Where a member refuses to obey the rules of Council or disobeys the
decision
of the presiding officer on a question or practice, the member shall be
required to leave provided that where the member apologizes, he/she may
on a two-thirds (2/3) vote of the members present forthwith resume
his/her
seat.
READING
OF
MOTION
40.
A member at any time during a debate, but not so as to interrupt a
member
then speaking, may request that the question, motion or matter under
discussion
be read.
LIMITS
OF
DEBATE
41.
(1) No member shall speak more than once on the same question, motion
or
matter without leave of the presiding officer except in explanation of
the material part of his speech which may have been misconceived and
when
so speaking he/she shall not introduce any new matter.
(2)
No member shall speak to the same question, motion or matter or in
reply
for a longer period than five (5) minutes without leave of Council.
(3)
A member who has made a substantive motion by making an original motion
or moving an amendment to a motion or moving the previous question
shall
be allowed to reply.
RECORDING
OF VOTE
42.
(1) Subject to Subsection (2), the Council shall determine every
question
submitted to it by an open vote of "yea" and "nay" of the members
present.
(2)
When required by law or whenever two (2) members call for the "yeas"
and
"nays" upon a division of Council upon any question, motion or matter,
the Clerk shall enter in the minutes the names of the members who vote
for and those who vote against the question, motion or matter.
MOTIONS
43.
(1) All motions may be oral or in writing and must be seconded before
being
presented to the Chair, and when a motion is presented it shall be
stated
or read by the mover before debate.
(2)
Notice of motion shall be given in writing prior to 12:00 noon on the
Wednesday
preceding the day of the regular meeting of Council.
(3)
Notice of motion shall be given:
(a)
to amend, repeal or alter a By-law or resolution,
(b)
to introduce any measure or change in the Council's established policy,
or
(c)
for reconsideration of any matter.
WITHDRAWAL
OF MOTIONS
44.
After a motion is read or stated and moved and seconded it shall be
deemed
to be in possession of Council but may be withdrawn by the mover and
seconder
at any time before decision or amendment with the permission of Council.
QUESTIONS
UNDER DEBATE
Subject
to Section 48, when a motion is under debate no other motion shall be
received
except a motion to amend it, to lay it on the table, to postpone it, to
adjourn it, to refer it to Committee, to move the previous question, to
move that the vote be now taken or to extend the hour to consider it.
LAY
ON THE TABLE
46.
A motion to Table an item shall state a reason, always be in
order
and shall not be debatable.
MOTION
TO
REFER
47.
A motion to refer to a committee, commission, or board shall be
debatable
only on the propriety of referring the question.
48.
A motion to adjourn the debate or to adjourn the meeting or resolve the
Council into Committee shall always be in order except
(a)
when a member is speaking,
(b)
when it has been decided that the previous questions shall be put
forthwith,
(c)
when the yeas and nays have been called for, and
(d)
when the members are voting
and
shall be put by the presiding officer forthwith without debate and the
members shall not make a second motion to adjourn the debate or the
meeting
until after some intermediate proceeding has taken place provided
however
that Council automatically adjourns at 11:00 p. m. unless two-thirds
(2/3)
of the members present consent to continuing the proceedings.
THE
PREVIOUS
QUESTION
49.
(1) A motion to move the "previous question" shall be in the following
words, "Are you now ready for the question" and shall preclude all
further
amendment of the original motion.
(2)
Where the motion to move the previous question is resolved in the
affirmative,
the original motion and any amendment properly made shall be put
forthwith
without amendment or debate.
(3)
Where the motion to move the previous question is resolved in the
negative,
the original motion and any amendment may be further debated and, if
proper,
amended.
(4)
No amendment may be proposed to the motion for the previous question.
ORDER
OF AMENDMENTS
50.
Amendments to a motion shall be put in the reverse order to that in
which
they are moved except in filling up blanks when the longest time and
the
smallest sum shall be put first and shall be decided or withdrawn
before
the main motion is put to a vote and only one amendment shall be
allowed
to an amendment.
SEPARATE
VOTE ON DISTINCT PROPOSITIONS
51.
Whenever a motion under consideration consists of more than one (1)
distinct
proposition, matter, or question upon the request of a member the vote
upon each separate proposition, matter or question shall be taken
separately.
MOTION TO TAKE VOTE
52. (1) When a member
moves that the vote be now taken and his/her motion is seconded, the
presiding
officer shall put the motion without debate.
Where
the motion referred to in subsection (1) is decided in the affirmative
the motion and amendments under discussion shall immediately be
submitted
to Council without further discussion.
AFTER VOTE PUT, DECLARATION OF VOTE
53. After a
motion
is put to the meeting by the presiding officer, no member shall speak
to
the motion or make any other motion until the result of the vote has
been
declared and the decision of the Mayor as to whether or not the motion
has been put is conclusive.
54. Where the
presiding
officer is of the opinion, that a motion is contrary to the rules and
privileges
of Council, he/she shall so advise Council and cite without argument or
comment the rule or authority applicable thereto.
MEMBERS TO PLACES ON DIVISION
55.
When a vote is called for, the members shall immediately take their
places
and shall remain seated until the presiding officer declares the result
of the vote.
APPOINTMENT OF OFFICIALS
56.
Whenever a position of Municipal Officer becomes vacant or a new
position
of Municipal Officer is created, the matter shall be referred to the
Municipal
Council.
RECONSIDERATION
57. A substantive
resolution, by-law or any matter that has been previously adopted by
Council
may be reconsidered by Council subject to the following:
(1)
a notice of motion to reconsider, given in accordance with this By-law,
must be given by a member on the prevailing side;
(2) a motion to
reconsider,
if duly moved and seconded, shall be considered at the next regular
Council
Meeting after the Council Meeting that received the notice of motion to
reconsider;
(3)
a motion to reconsider must be supported by a majority of the members
of
the whole Council before the matter to be reconsidered can be debated;
and
(4)
a vote to reconsider shall not be considered more than once in a three
month period.
GENERAL
58.
No standing rule or order of Council shall be suspended except by the
affirmative
vote of two-thirds (2/3) of all members present.
59. No Councillor
or Officer of the Municipality and no Auditor of the Municipality shall
be a surety for any Officer appointed by Council or for any work to be
done for Council.
UNPROVIDED CASES
60.
In all matters, points of order or questions of procedure arising and
not
provided for in this By-law, proceedings in Council, and in Committee
shall
be as near as may be that set out in Roberts Rules of Order and
in such case the decision of the Mayor or presiding officer shall be
final
and acquiesced in without debate.
MINUTES
61. Except for
minutes
relating to a meeting at which the public is excluded pursuant to
sections
18 and 19 of this By-Law, minutes shall record:
(a)
the place, date, and time of meeting;
(b) the names of
the
presiding officer or officers and record of attendance of the members;
(c)
the reading, if requested, correction and adoption of the minutes of
prior
meetings;
(d)
all other proceedings of the meeting without note or comment, i.e.
minutes
will only record decisions/actions and yeas and nays if requested
unless
otherwise required by this Procedural By-law.
62.
It shall be the duty of the Clerk to ensure that the minutes of the
last
regular Council meeting, all Special Council meetings, and standing
committee
meetings held more than five (5) days prior to a regular meeting,
together
with the agenda prepared in accordance with Section 15 are provided to
each member not less than forty-eight (48) hours before the hour
appointed
for the holding of such regular meeting.
63.
Such minutes as referred to in Section 62 may be adopted by Council
without
having been read at the meeting considering the question of their
adoption,
unless a member so requests in which case the Clerk or his/her
designate
shall read the minutes prior to consideration of adoption.
PETITIONS AND COMMUNICATIONS
64.
Every communication, including a petition, application or tender
designed
to be presented to the Council, shall be legibly written or printed and
shall not contain any obscene or improper matter or language and shall
be signed by at least one person.
65. No petition,
application,
tender or other written communication shall be presented to a Council
meeting
unless it is received by the Clerk before 12:00 noon of Wednesday
preceding
the day on which the Council meeting is to be held.
Every
petition, application, tender or other written communication on any
subject
within the cognizance of any Standing Committee shall be considered on
presentation as referred to the proper Committee without any motion
unless
otherwise ordered.
No
member shall speak nor shall a debate be allowed upon the presentation
of a petition, application, tender or other written communication other
than for certain instructions to be given by Council or that the
petition,
application, tender or other written communication be referred to a
Special
Committee.
68.
If the petition, application, tender or other written communication
complains
of a present personal grievance requiring immediate remedy, upon the
consent
of a majority of the members present the matter contained therein shall
be brought into immediate discussion and disposed of forthwith.
69.
When a petition, application, tender or other written communication is
received concerning a subject which is not within the
cognizance
of any Standing Committee, it shall be presented to Council.
COMMITTEE
REPORTS
70.
Committee Reports shall not be received by the Council unless received
by the members in accordance with Section 65 and may be recommitted to
the same or a different Committee.
UNFINISHED BUSINESS
71.
The items listed in the order of the topics set out in the agenda of
prior
meetings which have not been disposed of by Council and the date of
their
first appearance on the agenda shall be noted and repeated on each
subsequent
agenda until disposed of by Council, unless removed from the agenda by
leave of the Council.
BY-LAWS
72.
The provision for enactment of all by-laws shall be as set out in the
Municipalities
Act, R.S.N.B. 1973, c.M-22.
73.
No by-law, except a by-law to confirm the proceedings of Council, shall
be presented to Council unless the subject matter thereof has been
considered
and approved by Council.
74.
Every by-law shall be introduced upon motion by a member of the
Council,
specifying the title of the by-law.
75.
Every by-law when introduced shall be in typewritten form and shall
contain
no blanks except such as may be required to conform to accepted
procedure
or to comply with the provisions of any act and shall be complete with
the exception of date thereof.
76.
No by-law shall be passed except by the vote of a majority of the
members
present or by a vote as required by statute.
77.
The Clerk shall endorse on all by-laws read in Council the dates of the
several readings thereof and shall be responsible for the inclusion of
any amendments.
VACANCIES IN COUNCIL
78. When the
office
of Mayor or of a Councillor becomes vacant, the Clerk shall notify the
Council of that vacancy within ten (10) days at a regular or special
meeting
of Council.
CONFLICT OF INTEREST
79.
(1) Where a member of Council of a Municipality has an interest with
any
person having dealings with the Municipality, he/she shall forthwith
declare
his/her interest in writing to the Council.
(2) A member of
Council
who has declared a conflict of interest shall leave the Council Chamber
during any discussion or vote by Council on the matter in which he/she
has declared an interest.
80. The Clerk or
Assistant
Clerk shall attend all regular, special and emergency meetings of
Council.
APPOINTMENT AND ORGANIZATION OF COMMITTEES
81.
(1) At the inaugural meeting of Council the following Standing
Committees
shall be appointed by a two-thirds (2/3) majority vote of Council:
(a)
Tourism Committee;
(b)
Safety/Labour Management Committee (Management Members)
(c)
Emergency Measures Committee;
(d)
Beautification Committee;
(e)
Grants Committee;
(f)
Special Events Committee;
(g)
Town Promotion Committee;
(2) At the
inaugural
meeting of Council the following liaisons shall be appointed by
two-thirds
(2/3) majority vote of Council:
(a)
Senior Citizens Liaison
(b)
Chamber of Commerce Liaison
82. At the
inaugural
meeting of Council a Chairperson and a Vice-Chairperson for each
Committee
shall be appointed by the Council and the Vice-Chairperson shall be
ex-officio
the Chairperson of any subcommittee appointed from the Committee unless
otherwise provided in the resolution constituting the subcommittee, and
in the absence of the Chairperson shall act in his/her place and stead
as Chairperson and as a member of other Committees.
83.
All other Committees shall be made up of Councillors and citizens as
designated.
The
Chairperson for each Committee shall appoint a secretary from the
Committee
if such appointment has not been otherwise made.
DUTIES OF COMMITTEES
85.
(1) The Safety/Labour Management Committee shall
(a)
have jurisdiction in matters relevant to all municipal departments.
(b)
be responsible for all negotiations on behalf of the Municipality with
recognized bargaining units representing any group of municipal
employees.
The composition of the Committee shall be as per Council resolution.
(2)
The Emergency Measures Committee shall
(a)
advise Council on the development of emergency measures plans,
(b)
have control over the municipal emergency measures organization
established
and maintained by Council, and
(c)
promote emergency measures activities as contained in the Emergency
Measures Act.
(3) The
Beautification
Committee shall work toward the improvement of green areas, parks, and
beaches.
86.
The Council, by resolution, may appoint such Select Committees as may
be
deemed advisable and for the purposes as the constituting resolution
states,
and any Select Committee exists until it has reported finally to the
Council
or until the thirty-first (31st) day of December next following when it
shall be functus officio.
87.
The Mayor shall be ex officio a member of all Committees and shall have
the right to vote on all questions before the Committee.
88.
A member who introduces a by-law or motion upon any subject, which is
subsequently
referred to a Select Committee or Subcommittee, shall be a member of
the
Committee without being so named by Council.
89.
The Standing Committees may meet at any time as determined from time to
time by each Committee.
90. Special
meetings
of a Standing Committee may be called by the Chairperson thereof
whenever
he/she deems it advisable and the Chairperson or in the case of his/her
illness or inability to act or absence from the Municipality, the
Vice-Chairperson
shall call a special meeting of the Committee whenever requested in
writing
to do so by a majority of the members of the Committee.
91.
A Standing Committee may add qualified voters of the Municipality to
its
composition who need not be members of Council and shall inform
Council of all such appointments. All Committee members shall have the
right to make motions and vote on matters considered by the Committee.
92.
A member of Council may attend the meetings of any Committee of which
he/she
is not a member, but may not vote. He/she may take part in any
discussion
or debate in the Committee with the permission of the majority of the
Committee
members present.
93. The business of
Standing, Select, and Subcommittees, shall be conducted under the
following
regulations and subject to rules governing procedure in Council as far
as may be applicable except that no motion shall require a seconder, no
motion for the previous question shall be allowed, and a member is not
limited in the number of times he/she may speak to the question under
consideration:
(a)
the Chairperson shall preside at every meeting and may not vote on any
question submitted and where there is an equal division the question
shall
be considered decided in the negative;
(b)
the Chairperson shall sign all orders and documents, which the
Committee
may legally adopt;
(c)
in the absence of the Chairperson, the Vice-Chairperson shall discharge
the duties of the Chairperson during the meeting until the arrival of
the
Chairperson;
(d) the minutes of
the
transactions of every Committee shall accurately be recorded and at
each
meeting shall be submitted for confirmation or amendment, and after
they
have been approved by a majority of the members present, shall be
signed
by the Chairperson;
(e)
when a division takes place on a question, the votes of the members, if
required by one of the members, shall be recorded;
no order or authority to do any matter or thing shall be recognized
as emanating from any Committee unless it is in writing referring to
the
minutes of the Committee under which it is issued and signed by the
Chairperson,
Vice-Chairperson, or secretary thereof.
94.
The Committee Secretary shall be responsible for the recording of
minutes
of all Committee meetings unless excused.
95.
The Committee Secretary shall
(a)
send a notice to each Standing and Select Committee member in time to
reach
each member of the Committee at least twenty-four (24) hours before the
time of the meeting except in an emergency when the notice shall be as
directed by the Chairperson of the Committee concerned,
(b)
attend all Committee meetings, and record the minutes, orders and
directions
of the meeting, and
(c) notify the Town
Manager and any Department Heads of any orders made by the Committee
which
are to be acted or reported on without order of the Council.
96.
The general duties of all Committees of Council, in addition to any
specific
duties as herein described or as may be set out in the constituting
resolution,
are as follows:
(a) to report to
Council
from time to time and whenever desired by Council as often as the
interests
of the Municipality may require on all matters connected with the
duties
imposed on the Committees and to recommend such action by Council in
respect
thereto as they deem necessary;
(b)
to examine and certify all accounts connected with the discharge of
their
duties or with the performance of any works or the purchase of any
material,
equipment or services;
(c)
to consider and report on any and all matters referred to them by
Council;
(d)
every report shall be signed by the Chairperson and may be signed by
any
and all other members of the Committee;
(e)
to adhere in the transaction of all business to the rules prescribed by
the by-laws;
(f)
to submit minutes to Council.
AUTHORIZATION OF EXPENDITURES
97.
No work or expenditure shall be undertaken without previous
authorization
of Council through:
(a)
approved departmental budgets; or
(b)
approved contracts or projects; or
individually
approved items for purchase.
98. In the event
of
an emergency an expenditure not exceeding three thousand five hundred
dollars
($3,500) may be authorized upon receipt of individual verbal approval
of
the majority of Council members. The verbal approval shall be ratified
at the next regular Council meeting.
OVER EXPENDITURE
99. No work or
expenditure,
the cost of which will exceed the relevant appropriation, shall be
undertaken
without previous authorization of Council.
EXPENDITURE BY MAYOR
100. The Mayor
may
authorize an expenditure to a maximum of five hundred dollars ($500.00)
without prior approval of Council. Each expenditure shall be ratified
at
the next regular Council meeting.
PURCHASE ORDERS/WORK ORDERS
101.
(1) No purchase shall be made for or on behalf of the Municipality
unless
a purchase order/work order therefore has been signed by the Town
Manager-Treasurer
or designate.
(2) The Town
Manager
shall have spending authority up to three thousand dollars ($3,000)
with
respect to section 98.
(3)
The Town Manager shall have authority to authorize the making of
expenditures
for carrying out the business of the Municipality to a maximum of five
hundred dollars ($500); all invoices in this regard
shall appear
on "Bills for Payment".
102. On receipt
of
goods purchased, the official receiving them shall check them with a
copy
of the purchase order/work order and the suppliers packing slip and
certify
on the packing slip and purchase order/work order copy that he/she has
checked them. The invoice shall be certified for prices and extensions
by the appropriate Department Head. The invoice shall be verified by
the
Municipal Treasurer.
103.
With leave, the Town Manager may offer comments to the Council or
Committees
thereof to assist that body in disposing of the issues before it.
EFFECTIVE DATE
104. By-law No.
106,
A By-law of the Municipality of Grand Bay-Westfield Respecting the
Procedure
and Organization of Council comes into effect on the date of filing in
the Registry Office.
REPEAL
105. By-law No.
1,
being Town of Grand Bay-Westfield By-Law Respecting the Procedure and
Organization
of the Council, and all amendments thereto, is hereby repealed.
READ
A FIRST TIME this 12th day of October 2004.
READ
A SECOND TIME this 12th day of October 2004.
READING
IN ITS ENTIRETY this 25th day of October 2004
READ
A THIRD TIME AND ENACTED this 25th day of October 2004.
Sandra
Gautreau
Brenda Murphy
Town
Manager/Clerk
Deputy Mayor
seal