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HomeMy WebLinkAboutCD-21-94 V THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JUNE 6, 1994 Res. # By-La Report#: CD-21-94 Fife #: w# Subject: REGIONAL MUNICIPALITY OF DURHAM PROCEDURAL BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-21-94 be received; and 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington concurs with the proposed amendments to the Region's procedural by-law and forwarded a copy of Report CD-21-94 . BACKGROUND AND COMMENT: Over the past few years, concern has been expressed by various Regional Councillors regarding differences between the Regional Municipality of Durham's rules of procedure and those enacted by the area municipalities. At a meeting with the Clerks of the area municipalities, the Regional Clerk raised this issue and it was agreed that an attempt should be made to resolve the situation by incorporating common provisions into the Region's bylaw and the by-laws of the area municipalities. A by-law was drafted by the Regional Clerk and reviewed by the Regional Solicitor. During a series of meetings with the Clerks of the area municipalities, a line-by-line review of the proposed by-law was completed. Although many of the proposed amendments are specifically related to the Regional Municipality of Durham, there are common provisions which can be included in the procedural by-law for the Municipality of Clarington, which would alleviate the difficultly of differences arising between the two procedural by-laws. 6 ii P41- 1G.111W DQ4"I P,I,❑ Report CD-21-94 - 2 - June 6, 1994 The provisions which affect the Municipality of Clarington and to which amendments are proposed are as follows: 1. Special Meetings of Council Proposed 24 hours notice and may be done verbally. Provision Existing Written notice (does not specify timeframe) . Provision 2 . Proceedings at Inaugural Meeting New Provides for the order of proceedings at the, Provision proceedings at the meeting. 3 . Order of Proceedings in Council New Declarations of Interest to be made prior to Provision the adoption of the minutes of the previous meeting. 4 . Conduct of Members in Council Proposed No member shall speak disrespectfully of any Provision elected assembly. Existing Does not apply to all elected assemblies, Provision such as Boards of Education. 5 . Communications Proposed Permits the Clerk to decide if, in his or her Provision opinion a communication contains any obscene or improper matter or language as to whether it should be included in the agenda for the Council meeting. Existing Decision of Town Manager (Chief Provision Administrative Officer) or Clerk. 6 . Dispensing with Notice of New Motion Proposed A motion may be introduced without notice Provision provided Council dispenses with notice on the affirmative vote of three-quarters of the Members present and voting and by not less than a majority of the Whole Council voting in favour thereof. 6U3 Report CD-21-94 - 3 - June 6, 1994 Existing Suspension of the Rules on affirmative vote Provision of three-quarters of the Members present and voting. 7 . Withdrawal of Motion Proposed May be withdrawn at any time before decision Provision or amendment by the mover and seconder. Existing Requires the permission of Council. Provision 8 . Motion to Amend Proposed Improved wording. Also permits proposed Provision amendments to be read for the information of Members before introduction. 9 . Motion to Reconsider Proposed A substantive motion may only be reconsidered Provision if upon the putting of the substantive motion, the minority vote comprised not less than one-third of the Members of the Whole Council. Existing One-third of the members present and voting. Provision Proposed A notice of reconsideration requires a Provision minimum of one-third of the Members of the Whole Council to be accepted. Existing ne-third of the members g present and voting. Provision Proposed Every motion for reconsideration considered Provision at a subsequent meeting requires a majority vote of the Whole Council. Existing Majority vote of the members present and Provision voting. i 6 U 4 Report CD-21-94 - 4 - June 6, 1994 10. Negative Motion New A motion to rescind a defeated motion of Provision Council is not required and the subject matter may not be re-introduced or debated in any form without leave of Council upon a majority vote of the Members of the whole Council. 11. Motion to Rescind Proposed If no notice is given it requires an Provision affirmative vote of three-quarters of the Members present and voting and by not less than a majority of the whole Council to permit introduction. Existing Two-thirds of the members present and voting. Provision 12 . Recorded Vote New The order of voting commences with and Provision continues through the alphabet with the Member who made the request and then to the beginning of the alphabet until all Members have voted. Existing Alphabetical commencing with the beginning of Practice the alphabet. 13. Declaration of Chair Proposed Improved wording to clarify that the recorded Provision vote is to be taken on the question (motion) , not on the ruling of the Chair. 14 . Proceedings "In Camera" New Details items or matters which may be Provision considered "In Camera" as follows: a) pending or contemplated litigation or the receiving of confidential legal advice; 6aD Report CD-21-94 - 5 - June 6, 1994 b) wages, salaries, benefits or matters related to individual employees and officers of the Municipality; c) collective bargaining on behalf of the Municipality; d) the proposed acquisition or disposal of real property, goods or services by the Municipality and related negotiations; e) matters related to security; f) matters related to discussions concerning the location, relocation, or expansion of commercial or industrial enterprises; and g) information which is prohibited from being made public by legislation of the Province of Ontario or the Government of Canada. CONCLUSION: Council's endorsement of the proposed procedural changes will help to alleviate the difficulties in dealing with different procedures for the Regional meetings and the area municipality's meetings . Once the Region of Durham finalizes the revisions to its procedural by-law, a further report will be brought forward to the General Purpose and Administration Committee recommending the corresponding revisions to Clarington's procedural by-law. Respectful- submitted, Reviewed by, ` A / CPat�ti L. B rie, A.M.C.T. W.H. Stockwell Clerk Chief Administrative Officer I i i