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HomeMy WebLinkAboutCRPS-10-125 - Housekeeping Amendments - Chapter 25 (Procedural By-Law)REPORT REPORT TO: Chair B. Vrbanovic and Members of the Finance & Corporate Services Committee DATE OF MEETING: August 23, 2010 SUBMITTED BY: R. Gosse, Director of Legislative Services/City Clerk PREPARED BY: R. Gosse ext. 2801 WARD(S) INVOLVED: n/a DATE OF REPORT: August 3, 2010 REPORT NO.: CRPS-10-125 SUBJECT: HOUSEKEEPING AMENDMENTS - CHAPTER 25 (PROCEDURAL BY-LAW) RECOMMENDATION: That Chapter 25 of the Municipal Code (Procedure) be amended as outlined in Schedule ‘A’, attached to Corporate Services Department report CRPS-10-125. BACKGROUND: At a special council meeting (strategic session) held February 22, 2010, Council considered Corporate Services Department report CRPS-10-021 in which staff sought direction regarding major changes to Chapter 25 of the Municipal Code. Based on the direction given, at this time staff is recommending a few housekeeping amendments to the chapter. REPORT: In preparation for the larger council to come into effect December, 2010 and the fact that this council will have at least 4 new members, staff began a review of the current Procedural By-law (Chapter 25). In February report CRPS-10-021 was presented to council for its consideration regarding changes to the standing committee structure and agendas. There were four questions asked of council dealing with: the number of standing committees, whether all members of council should sit on all standing committees, rotating committee chairs and vice-chairs and, how to deal with consent items on committee agendas. Council considered the questions and provided direction that the standing committee structure and agendas should remain status quo. It was also discussed and noted that any major changes to the committees could be presented to the new council once they have had time to work within the current system. Although no major amendments to Chapter 25 are being recommended at this time, in reviewing the current chapter staff found that a few minor housekeeping amendments are required. These recommended amendments are shown in the chart attached to this report as Schedule ‘A’ and for the most part are self explanatory. The following provides further explanation on some of the recommended amendments: ïï ó ï 25.1.23 - is part of the definition section defining ‘two-thirds vote” of the members present yet, there are instances where two-thirds vote of the whole council is required. Since it is self-explanatory as to the number of votes required in both these circumstances, it is recommended the definition be deleted so as not to cause confusion. 25.4.1 – this section determines the seating arrangement for councillors by drawing lots. It is being recommended that the section be deleted and starting with the new council in December 2010, a permanent seating arrangement be instituted. It is proposed that the Ward 1 councillor be seated to the left of the Mayor and the rest of the ward councillors would follow numerically clockwise with the Ward 10 councillor being seated to the right of the Mayor. The proposed seating provides for Ward Councillors to mirror the geographical pattern of the designated Wards, with the exception of Wards 5 and 6 which by design of the Council horseshoe layout would be positioned directly across from each other rather than side by side. 25.4.13 to 25.4.16 – These 4 sections deal with records, reports and other documents being available to the public through Municipal Freedom of Information and Protection of Privacy (MFOIPP) Act or, when a matter is to be considered by council/committee. It is being recommended that the 4 sections be deleted and replaced by one general clause stating that prior to a meeting of council/committee, all reports and associated documents provided to council/committee that are part of the agenda shall be made available to the public on the city’s web site and/or at the Office of the City Clerk. As well, these sections refer to the previous standing committee, Planning & Economic Development Committee. 25.10.2, 10.5 and 10.7 – deal in some way with standing committees but they do not reflect current practices. It is being recommended that all three sections be amended to make it clear that all members of council will sit as members on all standing committees and that council will annually appoint the chairs and vice-chairs of standing committees. FINANCIAL IMPLICATIONS: n/a COMMUNICATIONS: In accordance with Council’s policy for giving public notice, no notice regarding the proposed amendments to Chapter 25 was given as they are considered to be minor housekeeping changes. ACKNOWLEDGED BY: T. Speck, General Manager of Corporate Services ïï ó î SCHEDULE ‘A’ Section No. DescriptionAmendmentComments 25.1.23 Definition of ‘two-thirds vote” Delete Not required. 25.3.1Amends section on Duties of Add after the word ‘Council’ Reflects Section Mayorin the opening sentence: 225 of the “so that its business can be Municipal Act carried our efficiently and effectively” 25.4.1Seating at Council table Delete sub-section Institute permanent seating arrangement 25.4.13 Provides that anyone may Delete It is redundant as inspect records/documents, all records and etc. in possession of Clerk documents are available subject to MFOIPP Act 25.4.14 to Provides that anyone may Delete 3 sub-sections and Reflects current 25.4.16inspect reports/documents, replace with 1 as follows: practice and etc. on a matter coming MFOIPP Act. “All reports and associated before council/committee. documents that are provided to council/committees forming part of an agenda, shall be made available to the public on the City’s web site and/or through the Office of the City Clerk. This does not include any confidential report or documents provided for a closed meeting being held in accordance with sub- section 25.4.6 and the Municipal Act.” 25.4.17 Commencement of meetings Amend by removing This section should and selection of Acting Mayor reference to appointing an simply state that Acting Mayor to preside the Acting Mayor over a council meeting shall preside. The when the Mayor is not Acting Mayor has present.been designated through by-law 93.191 since 1993. 25.10.2 Appointment of members to Amend by removing All members will sit Boards and Committees reference to Standing on all Standing CommitteesCommittees 25.10.5 Establishes Standing Amend by removing last All members will sit two paragraphs regarding on all Standing ïï ó í Committees of Council members who are not Committees. members of the committee 25.10.7 Establishes Committee Amend first paragraph to Reflects current Chairs and schedule of state: “ Annually, Council practice. meetings.will appoint Committee Chairs and Vice-Chairs for each Standing Committee. GeneralNumbering of sections/sub- sections affected by any change are to be made as part of the housekeeping amendments. ïï ó ì