1) THAT Procedural By-law, MS, be enacted. 2) AND THAT Procedural By-law, MS, be repealed.

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1 REPORT #2 PROCEDURAL BY-LAW REVIEW (C10-CL & C00) Report prepared by the Clerk RECOMMENDATIONS: The Clerk recommends: 1) THAT Procedural By-law, MS, be enacted. 2) AND THAT Procedural By-law, MS, be repealed. 1. PURPOSE: Section 238 of the Municipal Act, 2001, requires that every municipality enact a Procedural By-law governing the calling and proceedings of meetings. The proposed amendments contained within this report will enhance the current Procedural By-law, (By-law MS). 2. BACKGROUND: Procedural By-laws are fluid documents which evolve over time. They are amended in order to achieve efficiencies, incorporate best practices and reflect changing needs. The evolution of the Town s Procedural By-law has been a major part of the Governance Review Working Group s focus. When By-law MS was enacted by Council on April 17 th, 2007, staff committed to assessing the effectiveness of the new by-law over the next 6 months, including seeking public input, and then reporting back to Council. Prior to the completion of the comprehensive review, Council decided to amend the schedule of meetings and as a result By-law MS was subsequently replaced by By-law MS on October 2 nd, An overview of the Procedural By-law was presented to the public at an information session held on November 1 st, Staff also utilized this opportunity to ascertain public input regarding a proposed revision to the bylaw which would collapse the two distinct Council in Committee and Council Meetings into one meeting with only one agenda and one set of minutes.

2 While considering amendments to the current by-law, staff also reviewed the recently revised Regional Municipality of York s Procedural By-law and have incorporated some minor revisions to enhance clarity and ease of use. The Governance Review Working Group provided input into the drafting of the revised Procedural By-law. Notice regarding Council consideration of these proposed changes to the Procedural By-law was published on Town page of the February 7 th and 14 th editions of the Stouffville Sun-Tribune. 3. ANALYSIS & OPTIONS: The following is a summary of the proposed changes to the Procedural Bylaw. Attached to the report as Appendix A are extracts from the amended by-law which show the amendments through editing notations. Recommended additions to the proposed by-law are identified by underlining the text (i.e. new) and deletions are identified by striking through the text (i.e. deleted). Input from the Governance Review Working Group is noted in grey highlights. The proposed Procedural By-law, By-law MS, is included in the February 19, 2008 Council agenda. In addition, a copy of the proposed bylaw, which illustrated all of the editing notations, was made available for public review at the Public Library and the Clerk s Department at the Town offices. A copy was also posted on the Town s website. 3.1 Combining Council in Committee and Council Meeting process Traditionally, Council has structured its meeting process to include both a Council in Committee Meeting and a Council Meeting. The Council in Committee Meeting was the informal first review of a matter where Council collected information through delegations, speakers and presentations prior to making an initial decision. The decisions that were made in Council in Committee were considered a second time at the subsequent Council Meeting and were either ratified, amended or deferred to a future meeting. For many years the Council Meeting was held immediately preceding the Council in Committee Meeting. In the spring of 2007, Council experimented with scheduling the Council in Committee and Council Meetings two weeks apart but eventually decided to return to holding both meetings back to back. The two-step decision making process is confusing to explain to the public, especially when the two sets of agendas and minutes look almost identical.

3 It is proposed that the Procedural By-law be amended so that the meeting would commence as a Council Meeting and then move into a more informal process called Council in Committee where Council would receive input from Speakers regarding reports on the agenda and would then make an initial decision on each matter. The informal Council in Committee process would adjourn and the meeting would return to a Council Meeting where Council would make their final decision on the matters. It should be noted that Council would still have the ability to defer its final decision on any matter to a later meeting, should Council so decide. This simplified meeting process requires only one agenda and one resulting set of minutes. It will result in a savings in the staff production time, printing costs and records management storage costs. This combined meeting process is utilized by a number of municipalities including the Regional Municipality of York. The consolidation of Council in Committee and Council Meeting processes has resulted in the deletion of some sections and the relocation of other sections in the proposed by-law. Section 6 of the current by-law (entitled Committee Meetings) has been deleted entirely and portions of Section 7 of the current by-law (entitled Agendas and Minutes) have been relocated in the proposed by-law to Section 4 (entitled Council Meetings). In addition, provisions regarding Notice of Motion and Suspension of Rules have been moved from the Section 9 (entitled Voting) in the current by-law to the Section 7 (entitled Motions) in the proposed by-law. 3.2 Definitions The definition section of the proposed by-law was revised to include a definition for Confirmatory By-law and Council in Committee. In addition, due to the fact that the Interpretations Act was repealed by the Province on July 25 th, 2007, reference to that Act has been removed from the proposed by-law. As a result, the definition for Public Holiday has been amended to state the dates. 3.3 Statutory Powers Procedures Act To-date Council has never been requested to hold a hearing governed the Statutory Powers Procedures Act, R.S.O. 1990, c. S.22, however, there is the possibility that this might occur in the future. An example of such a hearing would be an appeal pursuant to the Town s Taxi Licensing By-law. Should staff recommend revoking a taxi licence due to a contravention of the

4 Taxi Licensing By-law, the affected party would have the right to state their case before Council. While considering the matter, Council would be acting in the capacity of a tribunal and such a hearing would be held pursuant to the Statutory Powers Procedures Act. The proposed wording in Sub-section 2.1 d) provides for such a circumstance. 3.4 Time when meeting is to be adjourned Section 2.3 b) ix. of the current by-law states that a meeting must be adjourned by 10:00 p.m. unless extended by a fifty percent plus one vote of the Members present. The Governance Review Working Group has suggested that this time be returned to 11:00 p.m. 3.5 No Quorum Pursuant to the Municipal Act, 2001, (the Act), Sub-section 2.6 b) of the current by-law notes that should quorum be lost because a Member of Council has declared a conflict of interest, the remaining Members of Council are deemed to constitute quorum. The Act also includes the caveat that the remaining Members of Council shall not be fewer than two (2). Quorum on Council equates to four Members. It is highly improbable that three of the four Members would ever declare a conflict of interest at the same time thereby resulting in only one Member being able to vote on the matter. However, even though it is highly unlikely that such a scenario would occur, Sub-section 2.6 b) has been amended to add provided that this number is not fewer than two (2). The wording in 2.6 d) has been amended as a result of combining the Council in Committee and Council Meetings. 3.6 Notice of Meeting Traditionally Council has approved a Meeting Schedule for the year which is then posted on the Town s website. Special Council Meeting agendas are also posted on the Town s website. The wording in Section 3.9 has been amended to formalize this process. 3.7 Order of Business Section 4.1 of the proposed by-law spells out the Order of Business for the new agenda process.

5 3.8 By-laws Whenever Council enacts amendments to a by-law, staff have ensured that the amendments are included in the executed by-law. The proposed wording in Section 4.15 c) formalized the current practice. 3.9 Fifty Percent plus One Vote The proposed wording in Section 8.6 is a consolidation of all Sections in the Procedural By-law where a fifty percent plus one vote is required in order to pass a motion Notice Schedule A of the current Procedural By-law has been amended to include or special sales event to the notice requirements for street party and road work under the temporary closure of public highways. 4. FINANCIAL IMPLICATIONS: By combining the Council in Committee and Council meetings into one meeting, staff will no longer be required to produce two sets of agendas and minutes. This will result in a savings in staff time, printing costs and record storage costs. 5. STRATEGIC PLAN ALIGNMENT: This report aligns with the Town s Strategic Plan in that it promotes excellence in public administration and communications. 6. CONCLUSION: The proposed consolidation the Council meeting structure will simplify the administration of meetings and make it easier for residents to understand Council s decision making process. The remaining proposed amendments to the Procedural By-law provide enhance clarity and ease of use. For further information regarding this report, please contact Michele Kennedy, Town Clerk, at extension 224.

6 DEFINITIONS 1. DEFINITIONS In this By-law: Appendix A. 1.4 "Committee" means the Council in Committee of the Town and consists of all Members of Council. 1.4 Confirmation By-law means a by-law passed for the purpose of giving general effect to a previous decision or proceedings of Council; "Council in Committee" refers to the capacity in which Council sits during that portion of a Council Meeting in which the Members undertake their initial review of the matters to be dealt with at that Meeting (that is, the portion of the Meeting during which items 10 to 15 inclusive, as listed in Sub-section 4.1 a) of this By-law, take place), and includes, without limiting the foregoing, the Members initial review of such matters as the Town s budget Public Holiday includes New Year s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas Day, Boxing Day, and any other day proclaimed by Council as a civic holiday. STATUTORY POWERS PROCEDURES ACT 2.1 Rules and Regulations a) The rules and regulations contained in this By-law shall be the rules and regulations for the order and dispatch of business in Council and in Committee provided that the rules and regulations contained herein may be suspended by a Fifty Percent plus One vote of the Members present at the Council or Committee Meeting. Council and Committee are prohibited from suspending any statutory requirement with respect to their proceedings. b) All Meetings of Council and Committee shall be open to the public

7 unless the subject matter to be discussed relates to the in camera topics as stated in Sub-section 5.3 of this By-law. c) The Clerk, or his/or her designate, shall be present at all Meetings of Council or Committee. d) Notwithstanding anything in this By-law, where Council convenes for the purpose of holding a hearing as required by any statute, the provisions of the statute and the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as applicable, shall govern the proceedings. TIME WHEN MEETING IS TO BE ADJOURNED 2.3 Duties of the Chair a) As soon as a Quorum is present, after the hour fixed for the holding of a Council Meeting, the Mayor shall take the Chair and call the Meeting to order. b) It shall be the duty of the Chair: i. To put to a vote all motions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the result of the vote; and ii. iii. iv. To decline to put to vote motions which infringe the Rules of Procedure; To restrain the Members, within the Rules of Procedure, when engaged in debate; To enforce on all occasions, the observance of order and decorum among the Members and attendees/audience; v. To call by name any Member persisting in breach of the Rules of Procedure, thereby ordering the Member to vacate the Council Chamber; vi. vii. To decide all questions of order at the Meeting, subject to an appeal by any Member to Council on any question of order in respect to business before the Council; To execute, by his/her signature when necessary, all By-laws

8 viii. ix. and minutes of a Meeting and other required documents; To represent and support Council, declaring its will, and implicitly obeying its decisions in all matters; and To declare a Meeting which was scheduled to commence at 7:00 o'clock p.m. and which is in session at 11:00 o'clock p.m. be adjourned forthwith unless otherwise determined by a Fifty Percent plus One vote of the Members present. NO QUORUM 2.6 No Quorum a) If no Quorum is present fifteen (15) minutes after the time appointed for a Meeting, the Clerk shall record the names of the Members present and the Meeting shall not commence or proceed. If all those Members who are present remain until a Quorum is present, then the Meeting shall proceed. b) In a Meeting where there is only the minimum requirement for a Quorum and a Member declares a Conflict of Interest, the remaining Members of Council are deemed to constitute a Quorum, provided that this number is not fewer than two (2). c) If during the course of a Meeting, the Quorum is lost, then the Meeting shall stand recessed and shall reconvene when a Quorum is regained. In the event that the Quorum is not regained within thirty (30) minutes, then the Clerk shall record in the minutes the time when Quorum was lost, note the names of those present and the Meeting shall be ended without formal adjournment. d) In the case of a Council Meeting, if a Meeting ends because the Quorum is lost, and no Confirming By-law has been passed, all items on the agenda for that particular Meeting that were dealt with, including any recommendations therefrom, shall be placed on the Consent Agenda for the next regular Meeting or special Meeting as the case may be. d) If a Meeting ends because the Quorum is lost, i. The items on the agenda that were dealt with by Council in Committee, including any recommendations therefrom, will be included in the minutes of the Meeting;

9 ii. iii. iv. The items on the agenda that were not dealt with by Council in Committee shall be placed on the agenda for the next regular Meeting or special Meeting as the case may be; All items on the agenda for that particular meeting that were dealt with by Council will be included in the minutes of the Meeting; All items on the agenda for that particular meeting that were not dealt with by Council shall be placed on the agenda for the next regular Meeting or special Meeting as the case may be. e) In the case of a Committee Meeting, if a Meeting ends because the Quorum is lost, the items on the agenda for that Meeting: i. That were dealt with will be included in the minutes of the Meeting with any recommendations therefrom; and ii. That were not dealt with shall be placed on the agenda for the next regular Meeting or special Meeting as the case may be. e) Each Member of Council is encouraged to notify the Clerk when the Member is aware that he/she will be absent from any Meeting. of Council or Committee NOTICE OF MEETING 3.9 Notice of Meetings a) The Clerk shall provide notice to the public and the media of all meetings of Council, agendas, agenda items, cancellations and reschedulings by: i. Posting the annual regular schedule of meetings once adopted by Council on the Town s website and distributing copies upon request; ii. iii. Updating the annual regular schedule of Meetings posted on the Town s website within 24 hours of any changes made to the schedule; and For special meetings, posting the agenda on the Town s

10 website not less than 24 hours in advance of the Meeting. b) The form, manner and times when Notice will be provided to the public regarding specific by-laws and the holding of certain Meetings are outlined in Appendix A to this By-law. c) Notice which is substantively given but which is irregular or not otherwise in strict compliance with this by-law will not invalidate the holding of a Meeting or any proceeding taken at a Meeting. ORDER OF BUSINESS 4.1 Order of Business a) The Clerk shall prepare for distribution an agenda with the routine order of business for regular Meetings of Council to be as follows: 1. CALL TO ORDER 2. RECOGNITIONS, if applicable 3. INTRODUCTION OF ADDENDUM ITEMS 4. CONFIRMATION OF AGENDA 5. DECLARATIONS 6. ADOPTION OF MINUTES 7. OUTSIDE PRESENTATIONS, if applicable 8. DELEGATIONS, if applicable 9. RESOLUTION TO MOVE INTO COUNCIL IN COMMITTEE 10. DETERMINATION OF REPORTS ON THE CONSENT AGENDA REQUIRING SEPARATE DISCUSSION 11. ADOPTION OF REPORTS ON COUNCIL CONSENT AGENDA NOT REQUIRING SEPARATE DISCUSSION 12. STAFF PRESENTATIONS, if applicable

11 BY-LAWS 13. CONSIDERATION OF REPORTS ON COUNCIL CONSENT AGENDA REQUIRING SEPARATE DISCUSSION 14. CONSIDERATION OF DISCUSSION AGENDA REPORTS, if applicable 15. ADJOURNMENT OF COUNCIL IN COMMITTEE 16. COUNCIL CONSIDERATION OF RECOMMENDATIONS 17. INFORMATION/ACTION ITEMS FROM TOWN ADVISORY COMMITTEES 18. OUTSIDE RESOLUTIONS - REQUEST FOR ENDORSEMENT 19. NOTICES OF MOTION 20. RESOLUTIONS FROM MEMBERS OF COUNCIL 21. RESOLUTION TO HOLD AN IN-CAMERA MEETING, if required 22. BY-LAWS 23. CONFIRMATORY BY-LAW 24. MOTION TO ADJOURN 25. LIST OF PROCLAMATIONS THAT HAVE BEEN PROCLAIMED MADE (provided for information purposes only) 26. COMMENTS FROM MEMBERS OF COUNCIL 4.15 By-laws a) All by-laws shall be given first, second and third readings in a single motion, unless a Member wishes to discuss the contents of a by-law, at which time the subject by-law shall be removed from the motion and dealt with separately. The headnote only of the by-law shall be read, and a by-law shall not be enacted until it has received three readings.

12 b) The Clerk shall present the following by-laws directly to Council: i. The appointment of staff for by-law inspection, municipal law enforcement and Provincial Offences administration; ii. iii. iv. Consolidation of by-laws or housekeeping amendments; General by-laws where the purpose and intent of the by-law have been clearly authorized by a previous Council resolution (i.e. terms of reference for the Town committees); Street numbering by-laws; v. Street naming by-laws; vi. vii. Part lot control by-laws; By-laws authorizing: Encroachment agreements (i.e. patios on the sidewalk of Main Street or where existing buildings or signs are located within Town road allowances); Conditional building permit agreements; and Deferral of demolition agreements. viii. Minor amendments resulting from changes to Provincial enabling legislation. c) All amendments to any by-law approved by Council shall be deemed to be incorporated into the by-law and if the by-law is enacted by Council, the amendments shall be inserted by the Clerk. d) Every by-law which is passed by Council shall be sealed with the seal of the Corporation, signed by the Mayor or Acting Mayor and by the Clerk, and shall be deposited with the Clerk for custody. e) The proceedings at every regular and special Meeting shall be confirmed by by-law so that every decision of the Council and every resolution passed at that Meeting shall have the same force and effect as if each and every one of them had been the subject matter of a

13 separate by-law duly enacted. FIFTY PERCENT PLUS ONE VOTE 8.6 Fifty Percent Plus One Vote The following decisions of Council require a fifty percent plus one vote: i. Adjournment of meeting at 11:00 p.m. (Sub-section 2.3 b) ix.); ii. Decision by Chair regarding recording devices disrupting a Meeting (Sub-section 2.5 f) ii.); iii. Holding a Public Hearing between June 30 th and September 1 st or December 16 th and January 2 nd (Sub-section 3.2 g)); iv. Hearing a delegation that is not on an agenda (Sub-section 4.4 d)); v. Reconsideration of a matter already dealt with by Council (Subsection 7.12); and vi. Suspension of Rules (Sub-section 7.14). NOTICE PROVISIONS Subject Permanent closure of a public highway Temporary closure of a public highway Notice Provision Notice provided in newspaper 2 weeks prior to enactment of the by-law. Temporary closures due to a street party, road work, or special sales event notice will be provided by hand delivering written notice to those individuals who will be directly affected by the closure Temporary closure due to a festival notice will be provided by posting information on the temporary closure on the Town s website at least 2 weeks prior to the date of the festival