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HomeMy WebLinkAboutCOR-20-012 - Proposed Amendments to City of Kitchener Municipal Code Chapter 250REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: December 7, 2020 SUBMITTED BY: Christine Tarling, Director, Legislated Services / City Clerk, 519-741- 2200, ext. 7809 PREPARED BY: Jeff Bunn, Manager, Council/Committee Services / Deputy City Clerk, 519-741-2200, ext. 7278 WARD (S) INVOLVED: All DATE OF REPORT:November 20, 2020 REPORT NO.: COR-20-012 SUBJECT: Proposed AmendmentstoCity of Kitchener Municipal Code Chapter 25 (Procedure) _______________________________________________________________________________________ RECOMMENDATION: That the proposed amendments to City of Kitchener Municipal Code Chapter 25 (Procedure), be approved, as outlined in Corporate Services Department report COR-20- 12and Appendix 1; and further, That staff be directed to prepare a by-law to repeal and replacethe City of Kitchener Municipal Code Chapter 25 (Procedure), to incorporate the proposed amendments, and to bring that by-law forward for consideration at the next regularly scheduled City Council meeting. REPORT HIGHLIGHTS: The purpose of this report is to make recommendations on amendments to the rules and procedures governing meetings of City Council. Post-pandemic, electronic meeting participation is recommended for Caucus meetings only until technical improvements can be made to the Council Chamber to facilitate hybrid electronic meetings. Adopting proxy voting is not recommended at this time. This report supports the delivery of core services. BACKGROUND: TheMunicipal Act, 2001(the “Act”) requires the Citytoadopt a by-law governing the calling, place and proceedings of Council meetings.At the City of Kitchener, Municipal Code Chapter *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 25(hereafter referred to as “the Procedural By-law”) providesthe rules of procedure for Council, Special Council, Caucus, Standing Committee and Advisory Committee meetings. The purpose of using parliamentary procedures, such as those found in Municipal Code Chapter 25 and Robert’s Rules of Order, is to facilitate the conduct of business in a meeting so that the deliberate will of the majority is achieved while still protecting all members’ rights(whether present or absent). The Procedural By-law should help facilitate, not hinder, Council’s ability to conduct business. On July 21, 2020, the Ontario Government passed Bill 197, the COVID-19 Economic Recovery Act, 2020, which amended the Municipal Act to allow for electronic participation during closed meetings and for members participating electronically to counttowards quorum. Bill 197 also amended the Municipal Act to permit proxy voting in accordance with a process to be established by the Clerk. On August 10, 2020, in response to the enactment of Bill 197, Council receivedand approved Corporate Services Department report COR-20-006– Amendment to Procedural By-law Regarding Electronic Meeting Participation, which in accordance with Section 238 of the Municipal Act, 2001, (as amended by the COVID-19 Economic Recovery Act, 2020), temporarily permitted electronic meeting participation in open and closed meetings, and allowedmembers participating electronically to count toward quorum. As outlined in the report, the temporary provisions for electronic meetings would be in place until this review of the Procedural By-law was completedand brought before Council for consideration. The current Procedural By-law was last reviewed in 2015. In accordance with Article 12 – Repeal – Enactment, the By-law cannot be amended or repealed except by a two-thirds vote of all members. Further, before Council can pass any amendments or repeal the By-law, notice must be provided to the publicat a previous regular meeting of Council. As such, below is a proposed timeline to provide clarity for therequired notice: December 7, 2020 – Finance and Corporate Services Committee considers Report COR- 20-012 Proposed Amendments to City of Kitchener Municipal Code Chapter 25 (Procedure) January 11, 2021 – City Council considers any recommendation from the Finance and Corporate Services Committee regarding Report COR-20-012, and if approved, a late stnd starter By-law is added to the Agenda for 1and 2readings. rd January 25, 2021 – updated Procedural By-lawis considered for 3and final reading. REPORT: In January 2020, Legislated Services staff began a comprehensive review of the City’s Procedural By-law. The purpose of this review was to: (a) align the Procedural By-law with recent legislative changes to the Municipal Act, 2001; 2 - 2 (b) provide clarity to ambiguous language in the existing Procedural By-law; (c) remove redundancies and address inconsistenciesin the existing Procedural By-law; (d) reflect current practices during City Council and Standing Committee meetings; and further, (e)achieve consistency with current municipal best practices from other municipalities and the Ontario Ombudsman. In trying to determine the best recommendations to make to Council regarding changes, staff reviewedsimilar-sized and larger municipalitiesin order to compareProcedural By-laws with that of the City of Kitchener. The municipalitiesincluded in the review were:the cities of Toronto, Ottawa, Mississauga, Brampton, Hamilton, Markham, London, Vaughanand, Windsor. Jurisdictionsoutside of Ontario were not considered because of the differences inprovincial- municipal relations and governing legislation. The recommended amendments have been consolidated and are providedin Appendix 1for Council’s consideration. In addition to thehousekeepingamendments identified in Appendix 1, Council is also asked to consider two new meeting tools as provided by Bill 197: 1.Electronic meeting participation; and, 2.Proxy Voting. 1.Electronic Participation Electronic participation refers to the ability for members of council, staff, and delegationsto participatein meetings by electronic means such as videoconferenceor telephone. Electronic participation allows for meeting participants to remotely connect to a Council or Standing Committee meeting without the need to be physically present in the Council Chamber (the Chamber). In March 2020, in response to the COVID-19 pandemicand to align with public health recommendations to avoid public gatherings, City Council authorized electronic meeting participation (e-participation) for all membersof Council. Since thattime, e-participation has been expanded to delegations who have been facilitated by connecting to the Zoom conferencing platform. While electronic meetings have been a critical tool inaiding Council in advancingcitybusiness during the COVID-19 pandemic,Council must decide on the following questionsin a post-pandemic environment: Should Council continue to permit e-participation?If so, should e-participants be: a.counted towards quorum? and/or, b.permitted to participate in closed meetings? 2 - 3 There are advantagesand disadvantages associatedwith e-participationwhich are identified in the table below. AdvantagesDisadvantages Provides flexibility for members of Cannot facilitate hybrid meetings with Council to participateregardless of existing technical infrastructure in the circumstances.Chamber. Increases accessibility for delegations Public perception that Council and their who might not otherwise participate due meetings are less transparent, accessible, to barriers such as transportation, or accountable. childcareor other personal Concerns overmeeting security for Closed circumstances. matters. Ability to advance the business of the City as well as allow for public participation during a global pandemic when gatherings are not possible. Limits unnecessary contact during a global pandemic. In one-on-one discussions with most of Council, staff askedwhether it was desirable to continue permitting e-participation beyond the COVID-19 pandemic, and if so, what limitations, if any, should be in place. The overwhelming majority of members of Council supported the idea of hybrid meetings (i.e., meetings with both in-personand e-participantsat the same meeting), but also supported itslimited use as an exception tobeing physically present in the Chamber with extenuating circumstances. While it’s impractical to identify and list all the possible extenuating circumstances,many members of Council suggested the circumstances should be limited to those times when members havemedical issues or are attending to sick family memberswhich wouldpreclude them from being physically present in the Chamber. Travel circumstances(both vacation and business travel)were identified as invalid extenuating circumstance by a majority of those polled to permit a member to participate electronically. Ultimately, it would be at the discretion of Council to hold members accountable for any misuse of the electronic meeting provision. There are technological issues with implementinghybrid electronic participationat open session Council/Committee meetings.The current technology in the Chamber is limitedand was not designed to facilitate hybrid meetings. Staff hasundertaken numerous tests in the Chamber by simulating mock hybrid meetingsandhave encountered a significant amount of feedback that makes it impossible to facilitate meaningful discussions. Further to these tests, staff alsoengaged an audio/visualconsultant to assist with looking for ways to overcome the technology issues being experienced and they have advised the solution is either to retrofitenhancementsorentirelyupgrade the current technology.It is estimated the technical enhancements needed to facilitate hybrid meetings would cost between $10,000 and $15,0000.Based on costings from other similar-sized municipalities, a full comprehensive 2 - 4 upgrade to the Chamber technology (including audio/video and voting system) and other capital investments to the physical infrastructure would be in excess of $350,000 and could cost as much as $1M+ depending on the features of the system. In one-on-one conversations with most of Council, staff received feedback that future improvements to support hybrid meetings and facilitate members of Council, staff, and the public to electronically access meetings would be supported in a phased approach, where justified. Quorum It is staff's opinion that in-person meetings providethe most accessible, transparent, and accountable opportunity for the public to participate in local government. Providing for e- participation post-pandemic will accommodate delegations facing barriers, such as childcareor transportation, as well as enabling participation for members of Council facing extraordinary circumstances. Given that e-participation is being recommended for extenuating circumstances only, and assuming that hybrid meetings can be facilitated technologically, staff recommends that meeting quorum consist of both in-person and electronic participants. Closed Session Meetings With respect to closed session meetings, amendmentsto the Municipal Act now permit closed meetings to be held electronically. Since the Caucus Room is equipped with a video- conferencing system that would facilitate hybrid closed session meetings, permitting hybrid closed meetings would not have any additional costs for the Cityand could be easily incorporated if supported by Council. Voting In keeping with the spirit of Section 243 of the Municipal Act, each member of Council is permitted one vote, and therefore should be able to exercise that vote regardless if they are participating in-person or electronically. Recommendationon Electronic Meeting Participation, Quorum and Closed Session Meetings Based on the information presented above,it is recommended that: staff be directed to further engage the consultant on a detailed costing of enabling hybrid meetingsin the Chamber and that staff report back to Council on the total costs and a proposed timeline for implementationif approved;and, council members participating electronicallyinopen sessions of council/committee meetings be counted towards meeting quorum requirements; and, council members participating electronically in open sessions of council/committee meetings be permitted to vote; and further, 2 - 5 closed session electronic meeting participation be permittedincluding counting towards quorum and being permitted to vote. 2.Proxy Voting Proxy voting refers to a process by which one member of Council could provide authority to another member of the same council to cast a vote on their behalf.In a local context, proxy voting has been a longstanding component of municipal elections,wherebyan elector can choose to appoint another elector to vote in their place. There are advantages and disadvantages associated with proxyvotingwhich are identified in the table below. AdvantagesDisadvantage Provides flexibility for members of Council Requires the council member to make a to exercise their voice even when unable decision on a matter in advance without to attend a meeting.benefit of the information that might be presented during the course of the Could be useful in the event of a personal meeting. or public emergency which limits even the electronic participation of the Councillor. Deprives the council member of the ability to engage in debate at the meeting. Could be useful for votes with very set, predetermined options e.g. Yes/No and If the recommendation is complicated or if where the question cannot be amended. amendments are introduced how would the proxy voter know how the Councillor would vote? If the vote has been allocated by proxy and the member of Council is no longer going to be absent, procedures need to be clear on how to take back the vote. If the vote is given to a proxy and the member of Council does not accept the voted outcome, it lacks recourse. There is no means outlined in Robert’s rules to permit a member of Council to challenge the ruling of the Clerk related to the proxy voting process. While Bill 197authorizes municipalitiesto use proxy voting, itprovides no guidance on implementation, rules and responsibilities, or when proxy voting is unadvisable.The primary concern with proxy voting is how to create a process that addresses the ways motions can be amended or new information presented, which could alter the way a member of Councilwould have casttheir vote. 2 - 6 Through engagement with Council, staff asked for Council’s thoughts on the opportunities and challenges posed by proxy voting. While Council expressed interest in proxy voting as a tool, especially during emergency situations, it was generally agreed that electronic participation would address many of the situations where proxy voting might be usedbygiving members the ability to participate in meetings, to hear the entire debate on a matter and cast their vote accordingly. Further feedback was also received not to pursue implementation until further guidance or comparable examples could be found. At the time of preparing this report, staff are not aware of any Ontario municipality implementing proxy voting. Should Council wish toproceed with implementing proxy voting, in accordance with Bill 197, the City Clerk wouldestablish a process whereby a member of council may appoint another member of council as a proxy to act in their place when they are absentand the rules for using proxy voting. Recommendation on Proxy Voting Based on the information presented above, it is recommended that: Until such a time that the Ontarioprovincialgovernment provides further guidance, or comparable municipalities have a successful history of implementing proxy, staff does not recommend its adoption by Council. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget – The recommendation has no impact on the Capital Budget. Operating Budget – The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. CONSULT – In early October staff began meeting with members of Council to ask questions related to electronic meeting participation and proxy voting. Those conversations helped form the recommendations contained within this report. PREVIOUS REPORTS/AUTHORITIES Municipal Act, 2001 COR-20-006– Amendment to Procedural By-law Regarding Electronic Meeting Participation 2 - 7 ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate ServicesDepartment. ATTACHMENTS: Attachment 1 – Municipal Code Chapter 25 (Procedure)Proposed Amendments 2 - 8 . for Judicial - staff being in the absence d taff s Explanation ent in absence of the City Clerk. The proposed definition would allow flexibility for City of the Mayor or Acting Mayor another member of Council to address extremely urgent businessThe proposed amendment to the definition of “Clerk” is to recognize an approved designatepresRecent amendments to the Municipal Act have provided a clearer definition of “meeting”.The proposed amendment wouldadd clarity for an alternate member of Council to attend a committee of Council specifically QuasiCommittee where urgency has been identified. language in law.law. law. --- . clarity to ambiguous language in Purpose of the change Provide clarity to ambiguous the existing Procedural ByProvide clarity to ambiguous language in the existing Procedural ByAlign with recent legislative changes to the Municipal Act, 2001Provide the existing Procedural By of the making Judicial - - 19 of 1 Article 1Article 3 officio member of all Page - Appendix 1 NTERPRETATION I Clerk of the City of Kitchener ” DUTIES OF THE MAYOR City Proposed Amendments Proposed Change means the Mayor as the Head of Council, ” A quorum of members is present, andMembers discuss or otherwise deal with any matter in a way that materially advances the business or decisionof the council, local board or committee.to sit as an ex Municipal Code Chapter 25 (Procedure) (a)(b) Mayor “ ADDor in the absence of the Mayor, or Acting Mayor, in the absence of both, another Member of Council appointed in accordance with Section 17 (1)Municipal Act, 2001.AMEND“Clerk” means the or appointed designate.AMEND“meeting” means any regular, special, or other meeting of council, of a local board or of a committee of either of them, where: AMEND(d)committees of the Council, including QuasiCommittees, and to be entitled to vote at meetings; officio - Procedure Current to sit as an exmember of all committees and to be entitled to vote at (d) “Clerk” means the Clerk of the City of Kitchener. “meeting” means any regular, special, committee or other meeting of Council.It is the duty of the Mayor to preside at all meetings of Council so that its business can be carried out efficiently and effectively and: defined efined efined - - d – d Code Heading *NEW Mayor 25.1.2 Clerk 25.1.5.2Meeting 25.3.1 Set out 1.2.3.4. 2 - 9 the omits for under section start time greater flexibility . st Explanation provide Dispensing with Notice. is addressed – ns Act have amended term of members of Council, the of an election year. Previously th The proposed amendment clarifies that staff can bring forward urgent matters. For matters deemed urgent by procedural tool to bring those items forward 25.7.14 Recent changes to the Municipal ElectioCouncil to commence on November 15the term commencement was December 1The proposed amendment mention of a specific meeting to law. - Purpose of the change Provide clarity to ambiguous language in the existing Procedural ByRemove redundancies and address inconsistencies - to an staff may 19 4 of be added 2 Article nutes; Page Appendix 1 CITY COUNCIL Proposed Amendments a subsequent meeting, Proposed Change The inaugural meeting of the new Municipal Code Chapter 25 (Procedure) AMENDNotwithstanding this Section, and in regard to matters deemed to be of an urgent and extraordinary nature where it is not possible to give the required notice to all members of Council, and for reasons of timing it is not possible to delay consideration tobring forward additional items toalready published agenda with the consent of twothirds of the Council members present with both the reason for adding the matters and the required consent recorded in the miAMEND(b)Council following an election shall be held on the first Monday after the new term of Council has begun. a thirds of - Procedure The inaugural meeting of Current meetings; Notwithstanding this Section, and in regard to matters deemed to be of an urgent and extraordinary nature where it is not possible to give the required notice to all members of Council, and for reasons of timing it is not possible to delay consideration tosubsequent meeting, such matter(s) may be added with the consent of twothe Council members present with both the reason for adding the matters and the required consent recorded in the minutes; (b)the new Council following an election shall be held on the first Monday in December at 8 p.m. (f) 1 Code Heading naugural meeting 25.4.4 Special meetings of Council25.4.Seating Council table - I 5.6. 2 - 10 current including es Explanation time, the proposed Your Kitchener publication for ncil and City Clerk/Staff to adjust depending on the length of the agenda. Additionally, Council meetings regularly start at 7 p.m., an 8 p.m. start time is inconsistent from that regular start time.The proposed amendment will provide for greater opportunity for Couthe meeting location meetings taking place at the Region as necessary without requiring a resolution of Council.It has not been the current business practice to publish the schedule in the someamendment addressbusiness practices. Purpose of the change Reflect current practices during City Council and Standing Committee meetings.Reflect current practices during City Council and Standing Committee meetings. meeting by providing 19 of 3 Page Appendix 1 Proposed Amendments Proposed Change meeting shall be posted on the . or via another means such as nd provided to the media. The agenda for Municipal Code Chapter 25 (Procedure) annual schedule of regular meetings adopted AMENDAll Council meetings will be held in the Council Chamber unless the notice of the stipulates the meeting shall be held at another locationelectronicallyAMENDPublic notice of regular meetings of Council and Committees of Council shall be provided by posting theby Council on the City’s web site and, a printed version to any person who so requests. Notice of special meetings that do not form part of the schedule of meetings shall be posted on the web site aeach special website no later than the Friday prior to the meeting and will be provided to the media upon request. nda for each Procedure le of upcoming Council Chamber or at Current All Council meetings will be held in the such other place as Council may by resolution prescribe. Regular meetings of the Council will be held as approved by Council resolution.Public notice of regular meetings of Council and Committees of Council shall be provided by posting the annual schedule of regular meetings adopted by Council on the City’s web site and, providing a printed version to any person who so requests. The schedumeetings shall also appear in the Your Kitchener publication to be circulated to City households. Notice of special meetings that do not form part of the schedule of meetings shall be posted on the web site and provided to the media. The agemeeting shall be posted on the - otice Code Heading 25.4.2Regular meetings25.4.3Regular meetings public n 7.8. 2 - 11 s e nsure agenda e- , the goal by the em syst Explanation the change proposed for Similar to25.4.2 this amendment would provide for greater opportunity for Council and City Clerk/Staff to adjust the meeting location as necessary without requiring a resolution of Council.The proposed amendment removes the specific requirement to deliver the agenda to a members of Council residence or business. With the implementation of managementend of 2020 is to have a paperless agenda. Additionally, in the event of an urgent meeting current practice is that we would email members of Council to confirm their attendance. The proposed change would eliminate the specific telephonrequirement. It would not eliminate the business practice of calling a member of Council if confirmation of attendance was not achieved by email. The proposed amendment eaccuracy with Municipal Act Section aintain M . Purpose of the change Reflect current practices during City Council and Standing Committee meetings. Reflect current practices during City Council and Standing Committee meetings. Align with recent legislative changes to the Municipal Act, 2001 as four - Council Whole will 19 or means of 4 Page Appendix 1 . Proposed Amendments Proposed Change Municipal Code Chapter 25 (Procedure) AMEND(a) A special meeting of Council or of the Committee of the Whole will be held in the Chambers or at such other placenoted on the agenda and will be convened…AMEND(d) Notice and purpose of all special meetings of the Council or of the Committee of thebe given to all members not less than twentyhours in advance of the time fixed for the meeting in the most expedient manner available as so determined by the ClerkAMEND Council or of four hours in - Procedure Current A meeting or part of a meeting may be closed to Notice and purpose of all eeting. The Clerk will also (a) web site no later than the Friday prior to the meeting and will be provided to the media upon request. (d) special meetings of the Council or of the Committee of the Whole will be given to all members by delivery to the residence or place of business of the members, not less than twentyadvance of the time fixed for the mattempt to give such other notice of the meeting to the members by telephone or as is otherwise practical within the circumstances. A special meeting of the Committee of the Whole will be held in the Council Chambers or at such other place as Council may by resolution prescribe and will be convened… closed to - Code Heading 25.4.4Special meetings of Council25.4.4 Special meetings of Council25.4.6Meeting 9.10.11. 2 - 12 law. - law to capture any By - Explanation for the by Procedural s 239 for permitted closed session meetings. The amendment also allowfuture amendments to the closed meeting exemptions without requiring future amendments to the City’s Purpose of the change consistency with current municipal best practices from other municipalities and the Ontario Ombudsman. a closed 19 of 5 Page Appendix 1 Proposed Amendments Proposed Change nd such meeting shall be called a “closed” Municipal Code Chapter 25 (Procedure) (a) A meeting or part of a meeting may be closed to the public if the subject matter being considered is so authorized to be considered in session pursuant to the provisions of the Municipal Act. Section 239 (2), or any other applicable statute, ameeting. client privilege, - Procedure the security of the property of the City or local board;personal matters about an identifiable individual, including City or local board employees;a proposed or pending acquisition or disposition of land for City or local board purposes;labour relations or employee negotiations;litigation or potential litigation, including matters before administrative tribunals, affecting the City or a local board;the receiving of advice that is subject to solicitorincluding communications necessary for that purpose;a matter in respect of Current (1)(2)(3)(4)(5)(6)(7) the public if the subject matter being considered is Code Heading the public 2 - 13 closed to the - Explanation Meeting - . The designated head under t current practices. This section is redundant as the requirement is outlined in Section 25.4.6 publicfor the purposes of the Act for the City of Kitchener is the City Clerk.The proposed amendment to change the threshold for which a closed session meeting can be held is to reflecThe proposed amendment better reflects the current practice for closed session minutes and ensures they are compliant with the Municipal Act. Purpose of the change Remove redundancies and address inconsistencies. Reflect current practices during City Council and Standing Committee meetings. Reflect current practices during City Council and Standing Committee meetings. 19 of 6 Page Appendix 1 Proposed Amendments Section Proposed Change general nature of the matter to be that a closed meeting will be held; andtheconsidered at the closed meeting.the time and the date;the authority prescribed by the Municipal Municipal Code Chapter 25 (Procedure) (a)(b)(a)(b) REPEAL EntireAMENDBefore holding a meeting or part of a meeting that is to be closed to the public, the Council or Committee of Council shall state by resolution, carried by at least a majority of those members of Council present:AMENDIf all or part of a meeting is closed to the public, the Clerk will record the following in the minutes of the meeting: eeting will r Act. Procedure if the Council is which Council, board, committee or other body has authorized a meeting to be closed under anothe that a closed mbe held; andthe general nature of the matter to be considered at the closed meeting.the time and the date;the authority contained in Current Municipal Freedom of thirds of those members of -(a)(b)(a)(b) A meeting shall be closed if the matter relates to the consideration of a request under the Information and Protection of Privacy Actdesignated as head of the City of the purposes of that Act.Before holding a meeting or part of a meeting that is to be closed to the public, the Council or Committee of Council shall state by resolution, carried by at least twoCouncil present:If all or part of a meeting is closed to the public, the Clerk will record the following in the minutes of the meeting: - - – stating - closed closed closed by MFIPPA - – – – Code Heading 25.4.7 Meeting request 25.4.8Meeting resolution nature25.4.9 Meeting recorded in minutes by Clerk 12.13.14. 2 - 14 to is . Division as the importance of am and/or City of information shared Explanation Council can only provide direction in a closed meeting and must bring decisions to an open session of Council for approval. The proposed amendment is to clarify theconfidentialityin closed session and the need for approval by the Corporate Leadership TeSolicitor.The proposed amendment substitute Office of the City Clerk for Legislated Servicescorrect title of the division urrent law; and to - Purpose of the change Provide clarity to ambiguous language in the existing Procedural Bymaintain consistency with cmunicipal best practices from other municipalities and/or the Ontario Ombudsman.Reflect current practices during City Council and Standing Committee meetings. Reflect current practices during City Council and Standing Committee meetings. to associated 19 of approval - 7 Page Appendix 1 reports or Council. , votes, and other proceedings final decision Proposed Amendments - Proposed Change reports and associated documents that open direction - Act, or any other applicable statuteauthorize the closed meeting;who Chaired the meeting; those in attendance;the matter considered.all without note or comment. Municipal Code Chapter 25 (Procedure)ity staff member shall make any public C decision of any matter discussed in a closed (c) (d)(e)(f) minutes, AMEND25. 4. 11 Meeting No meeting shall be final until the matter has been considered and approved at an open meeting of Council.AMENDNo statement concerning any matter, which has been discussed at a closed meeting without the approval of the CAO, Department Head and/or the City Solicitor and until such matter has been considered at an open meeting of AMENDAll are provided to Council/Committees forming part of an agenda shall be made available to the public on the City’s website and/or through the Legislated Services Division. This does not include any confidential minutes, documents provided for a closed meeting being concerning Clerk. This does Procedure City the Chapter to justify the closed meeting; andthe matter considered. Current (c) No determination of any matter discussed in a closed meeting shall be final until the matter has been considered and approved at an open meeting of Council.No City staff member shall make any public statement any matter, which to the employee’s knowledge has been discussed at a closed meeting until such matter has been considered at an open meeting of Council.All reports and associated documents that are provided to Council/Committees forming part of an agenda shall be made available to the public on the City’s website and/or through the Office of the not include any confidential - - - d final - documents open - - Code Heading available to public 25.4.11 Meeting determination approval25.4.12Public statement of matters discusseprohibited25.4.13 Reports – exception 15.16.17. 2 - 15 Explanation The proposed amendment is intended to simplify and eliminate redundancies related to the start of a meeting and lacking quorum. The proposed amendment is intended to simplify and eliminate redundancies related to loosing quorum. It is also similar to the changes proposed for section 25.4.15. anding Committee Purpose of the change Remove redundancies and address inconsistencies. Reflect current practices during City Council and Stmeetings. record the 19 of a quorum is lost , 8 Page Appendix 1 Proposed Amendments Proposed Change pal Act, 2001. Municipal Code Chapter 25 (Procedure) during the course of a meeting , held in accordance with Section 25.4.6 and the MuniciAMENDIf there is no quorum present within one half hour after the time appointed for the meeting, the Council or Standing Committee shall stand adjourned until the date and time of the next regular or special meeting, and the Clerk shall names of the members present upon such adjournment.AMENDIfthen the meeting will stand adjourned, until the date and time of the next regular or special meeting, and the Clerk shall record the names of the members present upon such adjournment. a meeting ayor. Procedure bers present. The that the balance of the r documents provided Municipal Act, 2001. Current half hour after the time set - reports ofor a closed meeting being held in accordance with Section 25.4.6 and the If a quorum is not present to enable a meeting to commence onefor a meeting, the Clerk will call the roll and record the names of the memmembers will stand discharged from waiting further.If a meeting does not take place because of the lack of a quorum, the Council will meet either at the next regularly scheduled meeting or at such other time and place as called by the MIf during the course ofa quorum is lost then the meeting will stand adjourned, not ended, to reconvene at the same time of commencement on the next following day, or at such other time and place as called by the Mayor.If, in the Mayor’s opinion, it is not essential agenda be dealt with before the quorum - Code Heading 25.4.15No quorum at start of meeting25.4.16 Unfinished businesslost 18.19. 2 - 16 law and - e . Explanation This section should be repealed as the proposed changes to 25.4.15 and 25.4.16 address the comments outlined in this section and it is redundant.The amendments proposed to improve the readability of the Bymaking it more plain languagalign with current practices. address law. - Purpose of the change Remove redundancies andinconsistencies. Provide clarity to ambiguous language in the existing Procedural ByReflect current practices during City Council and Standing Committee meetings. r 19 of 9 Article 5 Page Appendix 1 signate. AGENDAS AND MINUTES ORDER OF PROCEEDINGS Proposed Amendments Section Proposed Change Clerk or de Municipal Code Chapter 25 (Procedure) Chair, EPEAL Entire RAMENDNo person, except a member or an authorized City employee, will be allowed on the Council floowithin or outside the Council horseshoe during the sittings of the Council without permission of the Mayor.No person except a member or an authorized City employee will, before or during a meeting of the Council, place on the desks of members or otherwise distribute any material whatsoever unless such person is acting with the approval of the of the Procedure Current authorized City employee, will next regularly scheduled meeting, then the Mayor will announce that the unfinished business will be considered at that time.When a quorum is not present to permit a meeting of the Council to reconvene or to continue, the Clerk will call the roll and record in the minutes the names of those present before the members are discharged. No person, except a member or anbe allowed on the Council floor within or outside the Council bar during the sittings of the Council without permission of the Mayor.No person except a member or an authorized City employee will, before or during a meeting Council, place on the desks of members or otherwise distribute any material whatsoever unless such person is acting with the approval of the Clerk. Code Heading 25.4.17 Recording presence before adjournment25.4.19Persons within Council Floor 20.21. 2 - 17 . laws which has - Explanation use for the heading to be Proposed amendments reflected here are to merge first and second reading of the bybecome a standard practice of municipalities with three readingsThe proposed amendment also removed “Referral of Communications” as there is no practical listed. s. Purpose of the change Remove redundancies and address inconsistencies; and to maintain consistency with current municipal best practices from other municipalitie 19 of pproval of the 10 agenda under the n Reading; Page Appendix 1 nd and 2 st Proposed Amendments 3rd Reading; Proposed Change ; - 1- laws laws -- Questions; Commencement;Adoption of Minutes of previous meeting(s);Disclosure of Pecuniary Interest and The General Nature Thereof;Communications;Presentations;Delegations;Report of Committees;Unfinished Business;New Business;AnswersByCommittee of the Whole;Report of the Committee of the Whole;ByAdjournment. Municipal Code Chapter 25 (Procedure) (a)(b)(c) (d)(e)(f)(g)(h)(i)(j)(k) (l)(m)(n)(o)(p) AMENDThe Clerk will prepare afollowing headings for the use of the members at the regular meetings of Council:The business of the Council will be considered in the order set forth on the agenda, provided, however, that the Mayor, with aCouncil, may vary the order of business to better deal with matters before Council. ayor, with 1st Reading;3rd Reading; Procedure - - laws laws -- Current Adoption of Minutes of previous meeting(s);Disclosure of Pecuniary Interest and The General Nature Thereof;Communications;Referral of Communications;Presentations;Delegations;Report of Committees;Unfinished Business;New Business;Questions;Answers;ByCommittee of the Whole;Report of the Committee of the Whole;ByAdjournment. (a)(b)(c) (d)(e)(f)(g)(h)(i)(j)(k) (l)(m)(n)(o)(p) The Clerk will prepare a printed agenda under the following headings for the use of the members at the regular meetings of Council:The business of the Council will be considered in the order set forth on the agenda, provided, however, that the Mapproval of the Council, may vary Code Heading 25.5.1Council agenda 22. 2 - 18 agenda e- d have the Explanation substantive nature has been - The proposed change addresses the implementation of management. The proposed amendment allows the Clerk to make editorial corrections to the minutes following their ratification. If an error of minor and nonidentified the Clerk woulauthority to make the necessary correction. It should be noted after completing a municipal scan this is a standard practice and also complies urrent s. Purpose of the change o maintain consistency with c Reflect current practices during City Council and Standing Committee meetings.Tmunicipal best practices from other municipalitie th law is - changes 19 of 11 law before the by Page Appendix 1 - to each member: cil, the Clerk will cause the Proposed Amendments Proposed Change available law, for the purpose of ensuring correct - By Adding Minor technical or clerical corrections to the minutes after they have been adopted by Council, so long as the intent and integrity of the information and/or resolution is not changed. Minor deletions, additions, or otherin form to any bysigned, sealed, numbered, and enacted as a by Municipal Code Chapter 25 (Procedure) the minutes of the last meeting and all Special Purpose and Standing Committee meetings held more than four working days prior to a regular meeting;an agenda prepared in accordance wiSection 25.5.1. (a)(b) The Clerk is authorized to make: (a)(b) AMENDNot less than two days in advance of each regular meeting of the Counfollowing to be AMEND(d) meeting; Procedure the date of the the record of the attendance of the members;the reading, if requested, correction and adoption of the minutes of prior meeting(s);all the other proceedings Current the minutes of the last meeting and all Special Purpose and Standing Committee meetings held more than four working days prior to a regular meeting;an agenda prepared in accordance with Section 25.5.1. Minutes of the Council will record:(1)(2)(3)(4) (a)(b) the order of business to better deal with matters before the Council.Not less than two clear days in advance of each regular meeting of the Council, the Clerk will cause the following to be delivered to each member: (a) Code Heading 25.5.2 Delivery of agenda to members25.5.3Minutes 23.24. 2 - 19 law making it - Explanation with the rules contained within Robert’s Rule of Order.The proposed amendment clarifies the requirements for citizens regarding petitions and improves the readability of the Bymore plain language and align with current practices. Purpose of the change Reflect current practices during City Council and Standing Committee meetings. or law. - (email 19 of legibly written or 12 Page Appendix 1 contact address of the Council, such and filed with the Clerk who , such communication shall be Proposed Amendments Proposed Change Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of the Councilplaced upon the agenda for the next regular meeting of the Council and be dealt with during such meeting.Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of a Committee (1)(2) and complete implementation of the actions that form the subject matter of the by Municipal Code Chapter 25 (Procedure) Every communication, including a petition designed to be presented to the Council, will bein an electronic format orprinted, and will be signed by at least one person giving his/her street address)shall deal with them as follows: AMEND(a) , deal with Procedure Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of the Committee of the Whole, such communication shall be placed upon the agenda for the next of the meeting without note or comment. Current (1) If the minutes have been delivered to the membersthen the minutes will not be read, and a resolution that the minutes be adopted, as if read, will be in order.After the minutes have been adopted they will be signed by the Mayor and by the Clerk.Every communication, including a petition designed to be presented to the Council, will be legibly written or printed, and will be signed by at least one person giving his/her address and filed with the Clerk who shall them as follows: (b)(c) (a) Code Heading 25.5.4Communications and Petitions 25. 2 - 20 Explanation Purpose of the change 19 of Clerk directly to to the Council or 13 he contents of such to the Council. Page Appendix 1 . being referred Proposed Amendments Proposed Change communication shall be referred directly to the appropriate committee without being referredCommunications of a routine nature shall be referred by thethe City official concerned, or to file without any committee.Where letters or other communications addressed to the Council are referred to file by the Clerk, the Clerk shall list and briefly describe tletters or other communications on the agenda of the next regular meeting of the Council. (3)(4) Municipal Code Chapter 25 (Procedure) Petitions received will form part of the public record. Petition organizers must inform signatories that their name, address and opinion may be shared publicly if requested.The Mayor shall refer the communications as listed on the agenda (b)(c) or any on shall be Procedure regular meeting of theCouncil and be dealt within the Committee of the Whole during such meeting.Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of a Standing or Special Committee of the Council, such communicatireferred directly to the appropriate committee without prior reference to the Council.Communications of a routine nature shall be referred by the Clerk directly to the City official concerned, or to file without prior reference to the Council committee.Where letters or other communications addressed to the Council are referred to file by the Clerk, the Clerk shall list and briefly describe the Current (2)(3)(4) Code Heading 2 - 21 he definition of a Explanation The proposed amendment is intended to provide greater clarity on what meets tpresentation in comparison to a delegation. law. - Purpose of the change Provide clarity to ambiguous language in the existing Procedural By - 19 of 14 by City staff or of information related ss Page Appendix 1 vernment or other municipal Proposed Amendments Proposed Change Presentationconsultants retained by the City providing information related to municipal operationsPresentationto local organizations and cityaffiliated committees/boards and agencies. Presentations from senior levels of gogovernments (1)(2)(3) Recognition/Awards; and, When not accompanied by a staff report: Presentations, save and except those related to the City’s annual budget deliberation process and strategy sessions, shall be permitted to address Council for a maximum of ten minutes and the Chair shall keep account of the time expended and at the completion of nine minutes shall advise through a visual prompt that their time will Municipal Code Chapter 25 (Procedure) (a)(b)(c) AMENDPresentations shall be restricted to the following: f e Procedure contents of such letters or other communications upon the agenda of the next regular meeting othe Council. Current The Mayor shall refer the communications as listed on the agenda. Presentations may be given at a regular or special meeting of Council only when it is considered to be appropriate to do so as opposed to giving the presentation to a Standing Committee of Council. Emphasis will be to encourage the presentation at committemeetings. (b) Code Heading 25.5.4.1 Presentations 26. 2 - 22 or and addresses all and addresses all s s Explanation Presentations is intended Presentations is intended – – nagement. The proposed change addresses the implementation of agenda maThe proposed amendment for 25.5.4.1 to provide further clarity related to presentationrequirements related to presentation requirements.The proposed amendment f25.5.4.1 to provide further clarity related to presentation law. law. -- . Purpose of the change Reflect current practices during City Council and Standing Committee meetingsProvide clarity to ambiguous language in the existing Procedural ByProvide clarity to ambiguous language in the existing Procedural By 19 of 15 Page Appendix 1 circulated electronically to closing comments. Proposed Amendments Proposed Change expire in approximately one minute. The chair will advise the speaker when they have gone over time and will be directed to provide brief Municipal Code Chapter 25 (Procedure) Council may limit or extend the time allowed for a presentation by a majority vote.AMENDAn electronic version of the presentation is to be submitted to Legislated Services staff by noon on the business day prior to the meeting. Any presentations/submissions received after the deadline will be members of Council for their consideration but will not be displayed during a meeting.REPEAL Entire SectionREPEAL Entire Section Procedure Current the business day prior to the A printed hard copy version or electronic version of the presentation is to be submitted to Legislated Services staff by noon onmeeting.Any person making a presentation, save and except those related to the City’s annual budget deliberation process and strategy session, but including those by staff members, consultants engaged by the City, or individuals representing any other corporation, organization or committee, shall be permitted to address Council for a maximum of ten minutes.During the agenda setting process, consideration shall be given to the scope of an item to identify if it is necessary to allot – of prior to Allotment Presentation - Code Heading 25.5.4.2 Printed or electronic copymeeting 25.5.4.3to address Council Limitation25.5.4.4additional time 27.28.29. 2 - 23 section title is - and addresses all . s s Explanation Presentations is intended Presentations is intended – ents related to presentation – he proposed amendment for requirements related to presentation requirements.The proposed amendment for 25.5.4.1 to provide further clarity related to presentationrequiremrequirements.This section is no longer required since t25.5.4.1 to provide further clarity related to presentationThe existing subunclear and leads the reader to believe the section refers to members questioning why an item is listed on the agenda. The proposed title is reflective of the actual purpose law. law. law. --- Purpose of the change Provide clarity to ambiguous language in the existing Procedural ByProvide clarity to ambiguous language in the existing Procedural ByProvide clarity to ambiguous language in the existing Procedural By 19 of 16 Page Appendix 1 Proposed Amendments Proposed Change Municipal Code Chapter 25 (Procedure) REPEAL Entire SectionREPEAL Entire SectionAMEND Heading25.5.5.1 Member’s speaking time ately one ncement of Procedure Current additional time for a presentation beyond the specified ten minutes. When such a determination has been made, prior to the commethe subject presentation the Committee Chair shall indicate the amount of time that has been allocated for the presentation.On behalf of the Mayor and/or Committee Chair, the Clerk/Committee Administrator shall keep account of the time expended by an individual on all presentation and at the completion of nine minutes shall advise through an audio and/or visual prompt that their time will expire in approximminute.Council may limit or extend the time allowed for a presentation by a majority vote. - notice of - Code Heading 25.5.4.5 Presentation timed expiry25.5.4.6Time extension Majority vote25.5.5.1 Questioning items on the agenda 30.31.32. 2 - 24 roposed . of time a member Explanation the explanation for the laws which has become a - of the section which is to prescribe the amount receives to speak to an item.Noted in changes to 25.5.1, the pamendments reflected here are to merge first and second reading of the bystandard practice of municipalities with three readings s. o maintain and, t Purpose of the change Remove redundancies and address inconsistencies;consistency with current municipal best practices from other municipalitie law - subject to second time 19 6 of 17 Article MOTIONS Page Appendix 1 laws listed on the agenda, - laws) and that the same be - Proposed Amendments Proposed Change law to . . . - laws to be considered by Council shall - a by(listing the bytaken as read a first time and ." laws to which it refers shall stand referred - Municipal Code Chapter 25 (Procedure) Such motion of leave shall not bedebate or amendment and when passed, the byto the third and final reading. be introduced by a motion of leave specifying the title or purpose of the byand will be given first and second reading without amendment or debate.Such motion may be in the following form:“That leave be given the Mover and Seconder to introduce the bynamely:(a)(b) AMEND(a) All by(b) (c) laws) and - laws listed - laws to which - Procedure laws to be - law to . . reading without - listing the by a bythat the same be taken as read a first time and stand referred to the Committee of the Whole." law and will be given Current ( - All byconsidered by the Council shall be introduced by a motion of leave specifying the title or purpose of the byfirst amendment or debate.Such motion may be in the following form:“That leave be given the Mover and Seconder to introduce the byon the agenda, namely:(a)(b)Such motion of leave shall not be subject to debate or amendment and when passed, the byit refers shall stand referred to the Committee of the Whole. (a)(b)(c) first and - Code Heading laws - 25.5.11Bysecond reading 33. 2 - 25 s time to in time for inclusion t. . thirds of the whole of - Explanation for any objections before introduce a motion without The proposed amendment aligns with the current practice whereby the Chair will quickly survey the memberswithdrawing a motion. It has not been a practice to take a formal motion and vote when a member requests a withdrawal and there is no objection. This amendment would provide a process should there be an objection to such a requesThe proposed amendment provideclarity for members of Council and provides staff with sufficienthelp draft or provide comments/advice on proposed Notices of Motionon the agendaThe proposed amendment provides clarity that despite the procedures related to Notice of Motion, members may notice if there is an affirmative vote of at least twoCouncil.The proposed amendment will provide for greater opportunity for o and t , and to law law - - law. law. -- clarity to ambiguous language in Purpose of the change eflect current practices during City Provide the existing Procedural ByrCouncil and Standing Committee meetings.Provide clarity to ambiguous language in the existing Procedural Bymaintain consistency with current municipal best practices from other municipalities.Provide clarity to ambiguous language in the existing Procedural ByProvide clarity to ambiguous language in the existing Procedural By affirmative 19 7 of 18 Article Article 10 MOTIONS COMMITTEES Page Appendix 1 third of the whole of Council. - Proposed Amendments Proposed Change on which the matter will be introduced; or meeting at which the motion is to be Municipal Code Chapter 25 (Procedure) be tabled at a Council meeting proceeding the datereceived by the Clerk by no later than 4:30 p.m. on the Wednesday of the week preceding theintroduced. AMENDAfter a motion is read or stated by the Mayor, itis deemed to be in possession of Council, and it may only be withdrawn before decision or amendment with the consensus of the Council. If there is an objection raised by a member, the Chair shall call a vote to decide on the withdrawal. (b) AMENDAMENDNotwithstanding section 25.7.13 Notice of Motion, any motion may be introduced without notice at a Council or Committee meeting, if Council, without debate, dispenses with notice on the vote of at least twoAMEND Procedure thirds of the whole - Current After a motion is read or stated by the Mayor, it is deemed to be in possession of the Council, and it may only be withdrawn before decision or amendment with the permission of the Council.Generally, committees will meet in City Hall; however, be tabled at a Council meeting preceding the date on which the matter will be introduced; or, will be received by the Clerk in sufficient time for it to be processed under clause (c) of this Section;Any motion may be introduced without notice if the Council, without debate, dispenses with notice on the affirmative vote of at least twoCouncil. (a) (b) Code Heading 25.7.2Withdrawal25.7.13 Notice of Motion25.7.14 Dispensing with notice25.10.8 Committee meetings 34.35.36.37. 2 - 26 agenda e- Explanation Council and City Clerk/Staff to adjust the meeting location as necessary without requiring a resolution of Council.The proposed change addresses the implementation of management.The proposed language is similar to that used by comparable municipalities. law - . Purpose of the change Reflect current practices during City Council and Standing Committee meetingsProvide clarity to ambiguous language in the existing Procedural By at the 19 of granted 19 Article 11 Page Appendix 1 is not disruptive to the GENERAL PROVISIONS Proposed Amendments to members no later than ten (10) Proposed Change available Municipal Code Chapter 25 (Procedure) Generally, committees will meet in City Hallunless noted on the public meeting notice. AMENDThat Standing Committee agendas and reports be published on the City’s website ten (10) days prior to the scheduled meeting, with the agenda to be days prior to the meeting. (a) AMENDCouncil and Standing Committee Meetings shall be recorded, wherever possible, through live audio and video streaming on the City’s website. The use of audio and video recording equipment in the meeting room by the public or the media will be permitted, provided itmeeting. Permission for recording and the location of recording equipment will be discretion of the Chair. meeting. Procedure or visual means by Current meetings shall not be scheduled elsewhere without prior notice to Council. That Standing Committee agendas and reports be published on the City’s website ten (10) days prior to the scheduled meeting, with hard copies of the agenda to be circulated no later than six (6) days prior to the At the meetings of Council, the use of cameras, electric lighting equipment, flash bulbs, recording equipment, television cameras and any other device of a mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory members of the public, including accredited and other representatives of any news media whatsoever, may be permitted and are subject to the approval and/or direction of the Mayor unless otherwise decided by the Council. Code Heading 25.10.7.1 Committee Agendas25.11.3 Recordingequipment 38.39. 2 - 27