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HomeMy WebLinkAboutChapter 25 - Procedure COUNCIL Chapter 25 PROCEDURE Article 1 INTERPRETATION 1.1 City - defined “City” means the City of Kitchener. 1.2 Clerk - defined “Clerk” means the City Clerk of the City of Kitchener or appointed designate. 1.2.1 Committee - defined “committee” means any advisory or other committee, subcommittee or similar entity composed of members of one or more councils. 1.3 Committee Chair - defined “Committee Chair” means Chair of any committee of the Council. 1.4 Committee of the Whole - defined “Committee of the Whole” means all the members present sitting in committee. 1.5 Council - defined “Council” means the Council of the City of Kitchener. 1.6 Local board - defined “local board” means a local board as defined in the Municipal Affairs Act, except municipal police services boards, library boards and school boards. 1.7 Mayor - defined “Mayor” means the Mayor as the Head of Council, or 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) of the Municipal Act, 2001. 1.8 Meeting - defined “meeting” means any regular, special, or other meeting of council, of a local board or of a committee of either of them, where: (a) A quorum of members is present, and (b) Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council, local board or committee KITCHENER 25.1 MAY 2022 PROCEDURE 1.9 Member - defined “member” means a Councillor of the Council. 1.10 Motion (main) - defined “motion (main)” means any motion except one to: (a) extend the time of the meeting; (b) refer; (c) amend; (d) lay on the table; (e) postpone to a certain day (or indefinitely); (f) adjourn. 1.11 Motion to receive and file - defined “motion to receive and file” means a motion to acknowledge the particular item, report, or recommendation under consideration, and to have the item, report, or recommendation placed in the records of the Clerk for future reference. 1.12 Motion (subsidiary) - defined “motion (subsidiary)” means any motion which affects the disposition of a main motion, by bringing it to an immediate vote, or by delaying or by deferring a decision thereon. 1.13 Notice of motion - defined “notice of motion” means a written notice given by a member, advising Council of a specific motion which will be brought to a subsequent meeting. 1.14 Personal privilege - defined “personal privilege” means the raising of a question which concerns a member or the Council collectively, when a member believes that his/her rights or integrity, or the rights or integrity of Council as a whole, have been challenged. 1.15 Point of information - defined “point of information” is a request directed to the Mayor, or through the Mayor to another member or to the staff, for information relevant to the business at hand, but not related to a point of procedure. 1.16 Point of order - defined “point of order” means a statement made by a member during a meeting, drawing to the attention of the Chair, a breach of the rules of procedure. 1.17 Point of procedure - defined “point of procedure” means a question directed to the Mayor to obtain information on a matter of parliamentary law or the rules of Council relating to the business at hand, in order to assist a member to make an appropriate motion, raise a point of order, understand the parliamentary situation or the effect of a motion. KITCHENER 25.2 May 2022 PROCEDURE 1.18 Presentation - defined “presentation” means information being provided verbally and may include the use of presentation medium such as PowerPoint, overheads, video, slide show etc. In addition, a presentation would include presenting awards or gifts to or from the City of Kitchener. 1.19 Public hearing - defined “public hearing” means a meeting of Council or that portion of a meeting of Council, or any Committee of Council, which has been given authority by by-law to conduct a hearing in matters pursuant to any legislation which requires Council to hear interested parties or to afford them an opportunity to be heard before taking action, passing a by-law or making a decision. 1.20 Quorum - defined “quorum” is a majority of the whole Council or a majority of the voting members of a committee. 1.21 Recorded vote - defined “recorded vote” means the recording of the name and vote of every member voting on any matter or question. 1.22 Resolution - defined “resolution” means a formal statement of opinion adopted by Council or a committee in accordance with these rules. 1.23 Rules of procedure - defined “rules of procedure” means the rules and regulations contained in this By-law. 1.24 Special or joint meeting - defined “special or joint meeting” means a meeting other than a regularly scheduled meeting called pursuant to the provisions of this By-law. 1.25 Special Purpose Committee - defined “Special Purpose Committee” means any committee appointed by Council except Committee of the Whole and any Standing Committee. 1.26 Standing Committee - defined “Standing Committee” means such committees of Council designed by resolution of Council. KITCHENER 25.3 May 2022 PROCEDURE Article 2 RULES OF PROCEDURE - ADOPTED - SUSPENDED 2.1 Set out in By-law - unprovided case - procedure The proceedings of the Council and its committees, the conduct of the members, and the calling of meetings will be governed by the rules and regulations contained in this By-law and in unprovided cases, by the procedure contained in Robert’s Rules of Order. 2.2 Rules - suspended - unanimous consent Notwithstanding Section 2.1, the rules and regulations contained in this By-law may be suspended by the unanimous consent of all members present. Article 3 DUTIES OF THE MAYOR 3.1 Set out 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: (a) to open the meeting of Council by taking the chair and calling the members to order; (b) to receive and submit, in the proper manner, all motions presented by the members; (c) to put to a vote all motions, and to announce the result; (d) to sit as an ex-officio member of all committees of the Council including Quasi- Judicial Committees, and to be entitled to vote at meetings; (e) decline to put motions to a vote which infringe upon the rules of procedure; (f) to inform the members of proper procedure to be followed and to enforce the rules of procedure; (g) to enforce on all occasions, the observance of order and decorum among the members; (h) to call by name any member persisting in a breach of the rules of procedure and order the member to vacate the Council Chamber; (i) to permit questions to be asked through the Mayor of any officer of the City for information to assist any debate when the Mayor deems it proper; (j) to provide information to members on any matter relating to the business of the City; (k) to authenticate by signature all by-laws and minutes of Council; (l) to rule on any points of order raised by members; (m)to represent and support the Council; (n) to maintain order. Where it is not possible to maintain order, the Mayor may, without any motion being put, adjourn the meeting to a time to be named by the Mayor; and (o) to adjourn the meeting when the business is concluded. KITCHENER 25.4 May 2022 PROCEDURE Article 4 CITY COUNCIL 4.1 Seating Council table - Inaugural meeting (a) Prior to the inaugural meeting of the new Council, the Members shall meet and draw lots to determine the order of their seating at the Council Table for the term of office of such Council. When a vacancy occurs in the Council, the person elected or appointed to fill such vacancy shall take the seat of the Member replaced. (b) The inaugural meeting of the new Council following an election shall be held on the first Monday after the new term of Council has begun. (c) At the inaugural meeting, the order of procedure will be as follows: (1) Opening ceremony; (2) Declarations of elected office and oaths of allegiance in accordance with the provisions of the Municipal Act, 2001; (3) Appointments to Standing and Special Purpose Committees, boards, commissions and other organizations; (4) Matters incidental to the above or of urgent nature. 4.2 Regular meetings All Council meetings will be held in the Council Chamber unless the notice of the meeting stipulates the meeting shall be held at another location or via another means such as electronically. 4.3 Regular meetings - public notice 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, by providing 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 and provided to the media. The agenda for each special meeting shall be posted on the website no later than the Friday prior to the meeting and will be provided to the media upon request. 4.4 Special meetings of Council (a) A special meeting of Council or of the Committee of the Whole will be held in the Council Chambers or at such other place or means as noted on the agenda and will be convened (1) at the call of the Mayor; or (2) upon receipt by the Clerk of the petition of the majority of the members. (b) Upon receipt of the petition set out in Section 4.4 (a) (2), the Clerk will summon a special meeting for the purpose(s) and at the time stated in the petition. If the petition makes no reference to the place where the meeting is to be held, the location shall be in the Council Chambers. (c) Once received by the Clerk, no member may remove his/her name from a petition filed under this Section. KITCHENER 25.5 May 2022 PROCEDURE (d) Notice and purpose of all special meetings of the Council or of the Committee of the Whole will be given to all members not less than twenty-four hours in advance of the time fixed for the meeting in the most expedient manner available as so determined by the Clerk. (e) The Council will not consider or decide any matter not set forth in the notice calling the special meeting, without the consent, recorded in the minutes, of the whole Council. (f) 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 to a subsequent meeting, staff may bring forward additional items to be added to an already published agenda with the consent of two-thirds of the Council members present with both the reason for adding the matters and the required consent recorded in the minutes; (g) Notwithstanding this Section, on urgent and extraordinary occasions, with the consent of two-thirds of the whole of Council, recorded in the minutes, an emergency special meeting of the Council or of the Committee of the Whole may be called by the Mayor without notice to consider and deal with such urgent and extraordinary matters. 4.5 Meeting - open to public Except as provided in Section 4.6, all meetings shall be open to the public and no person will be excluded except for improper conduct. The Mayor or other presiding officer may expel any person for improper conduct at a meeting. 4.6 Meeting - closed to the public 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 a closed session pursuant to the provisions of the Municipal Act. Section 239 (2), or any other applicable statute, and such meeting shall be called a “closed” meeting. 4.7 Meeting - closed by resolution - stating nature 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 a majority of those members of Council present: (a) that a closed meeting will be held; and (b) the general nature of the matter to be considered at the closed meeting. 4.8 Meeting - closed - recorded in minutes - by Clerk If all or part of a meeting is closed to the public, the Clerk will record the following in the minutes of the meeting: (a) the time and the date; (b) the authority prescribed by the Municipal Act, or any other applicable statute to KITCHENER 25.6 May 2022 PROCEDURE authorize the closed meeting; (c) who Chaired the meeting; (d) those in attendance; (e) the matter considered. (f) all direction, votes, and other proceedings without note or comment. 4.9 Meeting - closed - minutes retained in confidence Minutes of the closed meeting will be retained in confidence by the Clerk and such minutes will not be open to inspection by any member of the public. 4.10 Meeting - open - final decision - approval No decision 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. 4.11 Public statement of matters discussed – prohibited No City staff member shall make any public 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 Council. 4.12 Reports - documents - available to public - exception All minutes, 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 Legislated Services Division. This does not include any confidential minutes, reports or associated documents provided for a closed meeting being held in accordance with Section 4.6 and the Municipal Act, 2001. 4.13 Commencement of meeting As soon as a quorum is present after the hour set for the meeting, the Mayor or Acting Mayor who shall preside at all meetings of Council, shall take the chair and call the members present to order. 4.14 No quorum at start of meeting If 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 record the names of the members present upon such adjournment. 4.15 Unfinished business - quorum lost If, during the course of a meeting, a quorum is lost then 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. KITCHENER 25.7 May 2022 PROCEDURE 4.16 Termination of Council proceedings Council shall remain in session until all business on the agenda is disposed of up to 11:00 pm unless by unanimous consent of the members present a one-hour extension is approved with proceedings of Council ending by no later than midnight. 4.17 Persons within Council bar No person, except a member or an authorized City employee, will be allowed on the Council floor within 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 Chair, Clerk or designate. 4.18 Electronic Participation (a) In this Section: “Meeting” means a meeting of Council, special council and a meeting closed to the public. Notwithstanding any other provision in this By-law, a member of a Council, a Committee of Council, a Quasi-Judicial Committee, or an Advisory Committee a) can participate electronically in a meeting that is opened to the public including voting; b) who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and, c) can participate electronically in a meeting that is closed to the public including voting. 4.19 Special Meeting to amend By-law re electronic participation The City may hold a special meeting to amend this By-law for the purposes of section 4.18 and notwithstanding any other provision in this By-law, a member of council participating electronically in such a special meeting may be counted in determining whether or not a quorum of members is present at any time during the meeting. Article 5 ORDER OF PROCEEDINGS AGENDAS AND MINUTES 5.1 Council agenda The Clerk will prepare an agenda under the following headings for the use of the members at the regular meetings of Council: KITCHENER 25.8 May 2022 PROCEDURE (a) Commencement; (b) Adoption of Minutes of previous meeting(s); (c) Disclosure of Pecuniary Interest and The General Nature Thereof; (d) Communications; (e) Presentations; (f) Delegations; (g) Report of Committees; (h) Unfinished Business; (i) New Business; (j) Questions; (k) Answers; stnd (l) By-laws - 1 and 2 Reading; (m) Committee of the Whole; (n) Report of the Committee of the Whole; (o) By-laws - 3rd Reading; (p) Adjournment. The business of the Council will be considered in the order set forth on the agenda, provided, however, that the Mayor, with approval of the Council, may vary the order of business to better deal with matters before Council. 5.2 Delivery of agenda to members Not less than two days in advance of each regular meeting of the Council, the Clerk will cause the following to be available to each member: (a) 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; (b) an agenda prepared in accordance with Section 5.1. 5.3 Minutes (a) Minutes of the Council will record: (1) the date of the meeting; (2) the record of the attendance of the members; (3) the reading, if requested, correction and adoption of the minutes of prior meeting(s); (4) all the other proceedings of the meeting without note or comment. (b) If the minutes have been delivered to the members, then the minutes will not be read, and a resolution that the minutes be adopted, as if read, will be in order. (c) After the minutes have been adopted, they will be signed by the Mayor and by the Clerk. (d) The Clerk is authorized to make: (a) 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. (b) Minor deletions, additions, or other changes in form to any by-law before the by-law is signed, sealed, numbered, and enacted as a by-law, for the purpose of ensuring correct and complete implementation of the actions that form the KITCHENER 25.9 May 2022 PROCEDURE subject matter of the by-law. 5.4 Communications and petitions (a) Every communication, including a petition designed to be presented to the Council, will be in an electronic format or legibly written or printed, and will be signed by at least one person giving his/her contact address (email or street address) and filed with the Clerk who shall deal with them as follows: (1) Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of the Council, such communication shall be placed upon the agenda for the next regular meeting of the Council and be dealt with during such meeting. (2) Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of a Committee of the Council, such communication shall be referred directly to the appropriate committee without being referred to the Council. (3) Communications of a routine nature shall be referred by the Clerk directly to the City official concerned, or to file without being referred to the Council or any committee. (4) Where letters or other communications addressed to the Council are referred to file by the Clerk, the Clerk shall list and briefly describe the contents of such letters or other communications on the agenda of the next regular meeting of the Council. (b) 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. (c) The Mayor shall refer the communications as listed on the agenda. 5.5 Presentations Presentations shall be restricted to the following: (a) Recognition/Awards; and, (b) When not accompanied by a staff report: (1) Presentations by City staff or consultants retained by the City providing information related to municipal operations (2) Presentations of information related to local organizations and city-affiliated committees/boards and agencies. (3) Presentations from senior levels of government or other municipal governments (c) 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 expire in approximately one minute. The chair will advise the speaker when they have gone over time and will be directed to provide brief closing comments. KITCHENER 25.10 May 2022 PROCEDURE Council may limit or extend the time allowed for a presentation by a majority vote. 5.6 Printed or electronic copy - prior to meeting An 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 circulated electronically to members of Council for their consideration but will not be displayed during a meeting. 5.7 Delegations (a) Subject to section 5.7(h) delegations are permitted to appear before regular and special meetings of Council or before the Standing or Special Purpose Committee responsible for the subject matter to be addressed. Emphasis will be to encourage attendance at committee meetings. (b) Delegations shall address Council only with respect to matters already listed on the agenda. Notwithstanding this provision, in emergency situations, Council by affirmative vote of a majority of its members present at a regular Council meeting, may agree to hear a delegation on any matter provided the presentation material is in writing and available whenever possible for distribution to Council prior to the commencement of the said meeting. (c) That where Council has passed a motion to permit a delegation to speak to a matter that is not on a meeting agenda, members of Council shall not be permitted to ask questions of that delegation. (d) That where an item is not on a current meeting agenda but is intended to come forward at a later date, staff shall refer the person to the appropriate meeting; thereby ensuring that the appropriate staff are in attendance and supporting materials have been circulated for Council’s consideration. (e) That where a person wishes to register as a delegation and the matter is not on a meeting agenda and it is questionable as to whether it falls within the City’s jurisdiction, this matter shall be referred to the next available agenda setting meeting for consideration by the Committee Chairs. (f) That when it is deemed inappropriate through the agenda setting process that a delegation address Council, the Clerk shall so notify the delegation and Council with a supporting explanation. (g) All materials for consideration by the Council, shall be legible, in writing and filed whenever possible in the office of the Clerk no later than two days prior to the finalization of the respective Council agenda and may be included as part of the support material attached to the agenda. (h) Members of the public who have addressed Council or a Committee on a particular issue will not be permitted to address Council / Committee on that same matter unless they are providing new information. This new information must be outlined in a delegation form submitted to the Clerk or designate by 8:30 a.m. on the day of a Committee meeting or 3:00 p.m. on the day of a Council meeting. Should a member of Council feel that the submitted materials do not represent new information, than this may be raised through a point of order prior to hearing from the delegation; if the point of order is sustained, Council shall move forward without hearing from the delegation. (i) Delegations shall be permitted to address Council for a maximum of five minutes. KITCHENER 25.11 May 2022 PROCEDURE Where a delegation consists of five or more persons, it may be permissible for two spokespersons to address Council, each of whom shall be granted a maximum of five minutes. (j) Delegations will be requested not to repeat what has been stated by previous delegations addressing Council. (k) That the Chair may curtail a delegation if any derogatory comments are made about staff or other individuals, for disorderly conduct, or any other breach of conduct and, if the Chair rules that the delegation is concluded, the person or persons appearing shall withdraw. (l) That members shall be permitted to ask questions of delegates but shall not make statements nor enter into debate with such persons. (m)That whenever a delegation, offer comments or statements that are deemed to be erroneous and unsubstantiated, any member of Council, or City official, may be recognized by the Chair on a Point of Order and when recognized may provide the necessary corrections or clarifications to the comments or statement said by the delegation. (n) Members of the public who constitute the audience in the Council Chambers during a Council meeting will maintain order and quiet and may not: (1) Address Council without its permission; (2) Interrupt any delegation or action of the members of Council, or any other person addressing Council; (3) Display or have in their possession, picket signs or placards in the Council Chamber or meeting rooms. 5.8 Member’s speaking time (a) That each member of Council be allocated a total of five minutes for their initial set of questions, which shall include the amount of time it takes to obtain a response. (b) That each member of Council will be given an opportunity to utilize their initial five minute question period, prior to any member being afforded a second opportunity to ask questions. (c) That each Councillor will be allocated a total of five minutes for their subsequent round of questions, which shall include the time it may take to obtain a response. (d) That question of simple clarification, or where the answer to a question is conveyed in the materials circulated with the agenda, shall be deemed out of order by the Chair. (e) Any questions of delegations, presenters or staff by a member of Council should seek additional facts or further specific information relating to the subject matter on the table only. Member’s questions cannot expand the scope of the delegation’s / presenter’s remarks or include the member’s own statements / comments. Questions such as ‘are you aware’, ‘do you agree’ or ‘wouldn’t you say’ are not permitted as they do not seek additional relevant information. Members will not engage in debate regarding any matter presented during questioning. 5.9 Reports of Standing or Special Purpose Committees (a) The Mayor shall, during every regular meeting of the Council, call for the reports of any Standing or Special Purpose Committees following which the Committee KITCHENER 25.12 May 2022 PROCEDURE Chair wishing to make a report will present same to the Council. (b) The report of every Standing or Special Purpose Committee shall be in writing. (c) It shall be permissible to amend a Committee report on motion passed by the Council. (d) That each Standing Committee report included with the Council agenda shall be treated as if it were a list of consent items, whereby one motion will be used to bring all items on the report forward for consideration, but it shall not be read and/or summarized. (e) Notwithstanding subsection 5.9 (d) above, any member of Council may request that a particular clause be dealt with separately. 5.10 Unfinished Business Any item which has been discussed by the Council at a prior meeting, but not disposed of, may be raised again at any subsequent regular meeting of the Council when “Unfinished Business” is called for under the order of procedure. 5.11 New Business The following items of business may be introduced when “New Business” is called for under the order of procedure: (a) notices of motion; (b) motions of which prior notice has been given; (c) motions for reconsideration; (d) motions of congratulation or of sympathy or other motions of a routine nature; (e) where any other matter is raised under “New Business” it shall not be discussed or voted upon under the order of procedure but shall be taken only as a notice of motion. Provided, however, that on motion passed by a vote of two-thirds of the whole Council, such matter may be referred to the Committee of the Whole for immediate consideration. 5.12 Questions When “questions” are called for under the order of procedure any member of the Council may submit any question pertaining to the business of the Corporation to any other member of the Council, the Chief Administrative Officer, or any Department Head. The person to whom a question is directed may answer orally at the same meeting, or may require two weeks notice before giving a reply, in which case the member may require that the question be submitted in written form. 5.13 Answers When “answers” are called for under the order of procedure any member of the Council to whom a question was directed at a previous meeting and who required two weeks’ notice to reply may submit the answer. 5.14 By-laws – first and second reading (a) All by-laws to be considered by Council shall be introduced by a motion of leave specifying the title or purpose of the by-law and will be given first and second KITCHENER 25.13 May 2022 PROCEDURE reading without amendment or debate. (b) Such motion may be in the following form: “That leave be given the Mover and Seconder to introduce the by-laws listed on the agenda, namely: (a) a by-law to . . . (b) (listing the by-laws) and that the same be taken as read a first time and second time." (c) Such motion of leave shall not be subject to debate or amendment and when passed, the by-laws to which it refers shall stand referred to the third and final reading. 5.15 Committee of the Whole (a) Whenever Council resolves itself into the Committee of the Whole, the Mayor shall leave the Chair only after appointing a member of the Council as Committee Chair who shall preside over the meeting and shall report its proceedings. (b) The Mayor shall appoint a different member of the Council as Committee Chair for each regular or special meeting of the Council by following the order of seating around the Council table. (c) The Committee of the Whole shall consider and report on the following matters: (1) report of the Chief Administrative Officer; (2) communications, by-laws and questions which have been referred to the Committee; (3) any other matter which has been referred to the Committee by resolution of the Council. (d) Every by-law may be debated in the Committee of the Whole, is subject to amendment and may be tabled or referred back to a named Committee of the Council for further consideration. (e) When a by-law has been referred back to a committee of the Council, it may be reintroduced in the Committee of the Whole in the same or in an amended form during any subsequent regular meeting of the Council on motion duly moved and carried. (f) When a by-law has been approved by the Committee, a motion recommending it for enactment shall be included in the report of the Committee. Such motion may be in the following form: “That the by-law(s) considered by this Committee (as the same have been amended) be taken as read a second time and be recommended for enactment.” (g) The number of times a member may speak on any question will not be limited, provided that no member speaks more than once until every member who desires to speak has spoken. (h) A motion to rise and report will be put immediately and will be decided without debate. 5.16 Report - Committee of the Whole Every report of the Committee of the Whole shall be moved in a motion by the Committee Chair in the following form: KITCHENER 25.14 May 2022 PROCEDURE “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” 5.17 By-laws - third reading Every by-law which has been recommended for enactment by the Committee of the Whole shall be placed before the Council for final passage at the same meeting of the Council. Provided, however, that where it is required by statute that a by-law receive the approval of any government agency before being passed, or that notice of Council’s intention to pass such by-law be given, or when Council so directs, such by-law may be withheld and be presented for final passage at a subsequent meeting of the Council when such legal requirements have been complied with. All by-laws scheduled for final passage at any meeting of Council may be in a single motion. Such motion shall be in the following form: “That the by-laws listed on the agenda for third reading, namely: (a) a by-law to . . . (b) etc. (listing all the by-laws) be taken as read a third time, be finally passed and numbered serially by the Clerk.” 5.18 Adjournment A motion to adjourn: (a) may be made at any time by a member who has the floor, except when another member is speaking or except during the taking of a vote on any question; (b) requires no seconder; (c) may not be amended; (d) is not debatable; (e) if lost, no second motion can be made again until after some intermediate proceedings have been completed by Council; (f) if carried, brings a Council meeting to an end. Any item of business or any by-law before the Council left undisposed of, may be considered at the next regularly scheduled Council meeting; (g) to a specific time, or to reconvene upon the happening of a specified event, suspends the Council meeting which shall continue at such time. Article 6 RULES OF CONDUCT AND DEBATE 6.1 Address the Chair Any member desiring to speak shall rise, and upon being recognized by the Mayor will address the Chair. 6.2 Order of speaking When two or more members rise to speak, the Mayor will recognize the member who, in the opinion of the Mayor, rose first and next recognize in order the other members. KITCHENER 25.15 May 2022 PROCEDURE 6.3 Mayor - inability to debate The Mayor may state a position on any matter before the Council or address the Council on any matter pertinent to the business of the municipality without leaving the Chair, but it shall not be permissible for the Mayor to debate the question without first leaving the Chair after appointing a member to preside during such remarks. 6.4 Conduct of members in Council (a) No member will: (1) speak disrespectfully of the Reigning Sovereign, or of any member of the Royal family, or of the Governor-General or the Lieutenant-Governor of any province; (2) use offensive or unparliamentary language against the Council or staff; (3) speak on any subject other than the subject in debate; (4) disobey the rules of procedure or a decision of the Mayor on question of order or practice or upon the interpretation of the rules of procedure. In the case where a member persists in any such disobedience after having been called to order by the Mayor, the Mayor may immediately put the question, no amendment, adjournment or debate being allowed, “that such member be ordered to leave his/her seat for the duration of the meeting of the Council.” However, if the member apologizes, the Council may vote to allow the member to retake his/her seat. (b) No charge shall be made which involves the character, conduct or language of a member unless such member is present to reply or unless due notice has been given to such member to be present to offer a defence. (c) When a member has been called to order by the Mayor for a breach of parliamentary decorum, it is the member’s duty to bow at once to the decision of the Mayor and to make apology by explaining that there was no intent to infringe any rule of debate, or by immediately withdrawing the offensive or unparliamentary language which may have been used. If a member persists in unparliamentary conduct, the Mayor shall submit such conduct to the decision of the Council whereby the member should explain and withdraw and Council shall decide what action to take. 6.5 Personal privilege Where a member considers that his/her rights or integrity or the rights or integrity of the Council as a whole has been impugned, the member may, as a matter of personal privilege, rise on a point of order at any time, with the consent of the Mayor, for the purpose of drawing the attention of the Council to the matter. 6.6 Point of order (a) A member who desires to address Council upon a matter which concerns the rights or privileges of the Council collectively, or as an individual member, will be permitted to raise such matter of privilege. A breach of privilege is a wilful disregard by a member or any other person of the dignity and lawful authority of Council. A matter of privilege will take precedence over other matters. When a member raises a point of privilege the Mayor may use the words “Councillor . . . state your point KITCHENER 25.16 May 2022 PROCEDURE of privilege”. While the Mayor is ruling on the point of privilege, no one will be considered to be in possession of the floor. (b) A member who desires to call attention to a violation of the rules of procedure will ask leave of the Mayor to raise a point of order. When leave is granted, the Mayor may use the words “Councillor . . . state your point of order.” The member will state the point of order with a concise explanation and will follow the decision of the Mayor. The speaker in possession of the floor when the point of order or privilege was raised will have the right to the floor when debate resumes. (c) A member called to order by the Mayor will immediately vacate the floor until the point of order is dealt with, and will not speak again without the permission of the Mayor unless to appeal the ruling of the Mayor. 6.7 Appeal The decision of the Mayor is final, subject to an immediate appeal, requested and seconded, to the whole Council. If the decision is appealed, the Mayor will give concise reasons for a ruling, and the Council, if so appealed to, will call a vote, without debate on the following question: “Will the ruling of the Mayor be sustained?”, and its decision is final. The Mayor may vote on this question and in the event of an equality of votes, the ruling of the Mayor shall be deemed to be sustained. 6.8 Members speaking When a member is speaking no other member will pass between the member and the Mayor or interrupt the member except to raise a point of order. 6.9 Question read Any member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a member while speaking. 6.10 All questions asked - motion for consideration Once everyone has been afforded an opportunity to ask questions, no further discussion or debate should occur on the matter until a formal motion has been brought forward for consideration. 6.11 Speak once - reply No member will speak more than once to the same question except to explain a material part of the member’s speech which may have been misconstrued, but shall not introduce any new matter. However, a member who has presented a substantive motion rather than an amendment, may reply. 6.12 Time limited No member, without leave of the Council, will speak to the same motion or in reply, for longer than five minutes. KITCHENER 25.17 May 2022 PROCEDURE 6.13 Question put - no further debate After any question is put by the Mayor, no member will speak to the question, nor will any other motion be made until after the result is declared, and the decision of the Mayor as to whether the question has been put, is conclusive. 6.14 Questions (a) A member may ask a question of the Mayor for the purpose of obtaining information relating only to the matter under discussion and such questions must be briefly stated. (b) A question put to a member may not contain imputations, epithets, ironical expressions or hypothetical cases; nor may a question refer to debates or answers to questions in the same meeting. A question may not be put which publishes the names of persons, or contains statements not strictly necessary to render the question intelligible, or contains charges which the member who asks the question is not prepared to substantiate. The solution of an abstract legal case may not be sought by a question. A question cannot be made a pretext for a debate, and when a question has been fully answered it cannot be renewed. 6.15 Unprovided cases In all unprovided cases in the proceedings of Council or in the Committee of the Whole, the matter is decided by the Mayor, subject to an appeal to the Council. Article 7 MOTIONS 7.1 Reading Every motion when seconded will be received and read by the Mayor, except in the cases provided for by the rules of procedure. However, where motions have been distributed or printed in the agenda, recitals need not be read. 7.2 Withdrawal After a motion is read or stated by the Mayor, it is 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. 7.3 No debate until read No member will speak to any motion until it is first read by the Mayor, and the mover is entitled to speak first if the member so elects. If debated, the question or motion may be read again before being put. 7.4 Motion ruled out of order Whenever the Mayor is of the opinion that a motion is contrary to the rules of procedure, the Mayor will rule the motion out of order. KITCHENER 25.18 May 2022 PROCEDURE 7.5 Not within jurisdiction of Council A motion which requires the exercise of a power or powers by Council which are not within its jurisdiction, will be out of order. 7.6 Motions (a) The following matters and motions may be introduced orally without notice and without leave, except as otherwise provided by the rules of procedure: (1) a point of order or personal privilege; (2) presentation of petitions; (3) to move the question be put; (4) to adjourn. (b) The following motions may be introduced without notice and without leave, except as otherwise provided by the rules of procedure: (1) to refer; (2) to table, or to postpone, or defer to a day certain; (3) to amend; (4) to suspend the rules of procedure; (5) any other procedural motion. (c) All motions put forward at a Council meeting, except questions of privilege or purely procedural motions shall be made in writing and must be seconded before they are voted on. (d) All motions may be supported or opposed by the mover and seconder. (e) When a member’s motion has been called by the Mayor at two successive meetings and not proceeded with, it will be deemed to have been withdrawn and dropped from the agenda unless Council otherwise decides. (f) The mover and seconder may withdraw a motion at any time prior to the commencement of debate thereon. (g) A member may withdraw his/her notice of motion at any time prior to the subject matter being considered. 7.7 Order of consideration (a) When a question is under consideration, no motion will be received except a procedural motion or a motion to amend. (b) Procedural motions will be considered immediately upon receipt and will have precedence and are subject to debate as follows: (1) to extend the time of the meeting (not debatable); (2) to move the question be put (not debatable); (3) to refer (debatable); (4) to lay on the table (debatable); (5) to defer indefinitely or to a day certain (debatable - as to time only); (6) to adjourn (not debatable); (7) any other procedural motion (debatable). 7.8 Amendment (a) A motion to amend: (1) will be in writing; and, KITCHENER 25.19 May 2022 PROCEDURE (2) must be similar in meaning to the question which it is proposed to amend but with sufficient variance to constitute a new question; (3) not more than one amendment to the main motion, nor more than one amendment to an amendment shall be permitted at one time, except, if the amendment has been withdrawn or voted on and lost, another amendment may be substituted to the main motion but not to an amendment. In the case of an amendment to an amendment, the amendment to the main motion cannot be withdrawn until the amendment to the amendment has been withdrawn or voted on and lost; (4) will be put to the Council in the reverse order to the order in which they are made. (b) An amendment embodying a matter which has been referred to a committee, or the consideration of which has been deferred indefinitely or to a later date, is not permissible. (c) Friendly amendments are not permitted in instances where the proposed amendment represents a substantive change or would add a further clause(s) to the main motion. 7.9 Question be now put A motion that the question be now put: (a) is not debatable; (b) cannot be amended; (c) cannot be moved when there is an amendment under consideration; (d) will preclude all amendments of the main question; (e) when resolved in the affirmative, the question is to be put forward without debate or amendment; (f) cannot be moved by a member who has already debated the question unless another member has subsequently debated the question; and (g) may be moved in the following words, “that the question be now put.” 7.10 Motion to refer A motion for reference to a committee, board, official or commission until it is decided, will preclude all amendments of the main question and any motion to postpone or defer, or to lay on the table. A motion to refer is debatable. 7.11 Motion to lay on the table (a) A motion simply “to lay a matter on the table” is debatable but cannot be amended. (b) A motion “to lay on the table” with some condition, opinion, or qualification added to the motion to table will be deemed to be a motion to postpone or defer made under Section 7.12. (c) The matter tabled will not be considered again by the Council until a motion has been made to take up the tabled matter at the same or a subsequent meeting of the Council. (d) A motion to take up a tabled matter is not subject to debate or amendment. (e) A motion that has been tabled at a previous meeting of the Council cannot be lifted off the table unless notice is given in accordance with Section 7.13. KITCHENER 25.20 May 2022 PROCEDURE (f) A motion that has been tabled and not taken from the table for six months is deemed to be withdrawn. 7.12 Motion to postpone or defer A matter postponed or deferred to a definite date will have precedence over all other business on such date. A motion to postpone or defer indefinitely will be treated as if it was a motion to lay on the table. 7.13 Notice of motion Notice of motion by a member will: (a) be in writing; (b) be tabled at a Council meeting proceeding the date on which the matter will be introduced; or received by the Clerk by no later than 4:30 p.m. on the Wednesday of the week preceding the meeting at which the motion is to be introduced. (c) be printed in full under New Business in the agenda for that meeting; (d) when a member’s notice of motion has been called by the Mayor in two successive meetings and not proceeded with, it will be dropped from the agenda unless Council otherwise decides; (e) if at the third meeting, such notice of motion is called by the Mayor and not proceeded with, it will be deemed to have been withdrawn. 7.14 Dispensing with notice Notwithstanding section 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 affirmative vote of at least two-third of the whole of Council 7.15 Reconsideration A resolution, by-law or any question or matter (except one of indefinite postponement) which has been adopted previously by Council may be reconsidered by Council subject to the following: (a) a notice of motion given in writing by a member, has been introduced according to the procedure for notice of motion; (b) debate on a motion to reconsider must be confined to reasons for or against; (c) such motion must be supported by two-thirds of the members present voting in favour of such reconsideration before the matter can be debated; (d) if a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on. (e) a motion to reconsider an amendment may not be submitted until after the original motion to which the amendment was proposed has been considered and disposed of; (f) a vote to reconsider will not be considered more than once during the term of the KITCHENER 25.21 May 2022 PROCEDURE Council. These rules do not apply when a motion pertains to a decision of a previous Council. Article 8 VOTING IN COUNCIL 8.1 Qualification The Mayor and each member have one vote only. 8.2 Secret ballot prohibited No vote will be taken in Council by ballot or by any other method of secret voting, and every vote so taken is of no effect. 8.3 All members vote Every member present at a Council meeting when a question is put shall vote thereon, unless prohibited by statute, in which case it will be recorded in accordance with the statute. Any member who refuses to vote will be recorded as voting in the negative. In the event of an equality of votes, the question being voted on is deemed to be lost. 8.4 Unrecorded vote The manner of determining the decision of the Council on motion is at the discretion of the Mayor and may be by voice, show of hands, standing or otherwise. 8.5 Severability of question When two or more separate propositions are embodied in one motion or in an amendment, the Mayor may put each proposition separately, restricting debate to each proposition in its turn. 8.6 Recorded vote (a) Any member, before the question is decided, may require that the vote be recorded. (b) When a recorded vote is requested by a member on any matter or question, the Clerk will ask those members voting in favour of the question to stand until their vote has been recorded. The Clerk will then ask those members voting in opposition to the question to stand until their vote has been recorded. The Clerk shall announce the decision and shall record the vote and the name of each voter in the minutes. (c) Upon the request of a member, immediately after a vote is taken, the Clerk will record the negative vote of such member on any question. (d) When a vote is taken, and no dissent is declared, such vote is deemed to be unanimously in favour of the question approved. 8.7 Disputing vote If a member disagrees with the announcement of the Mayor that a question is carried or lost, the member may, but only immediately after the declaration by the Mayor, object to KITCHENER 25.22 May 2022 PROCEDURE the Mayor’s declaration and require a recorded vote to be taken. 8.8 Putting question - members seated When the Mayor calls for the vote on a question, each member will occupy his/her seat until the result of the vote has been declared by the Mayor, and during such time no member will walk across the room or speak to any other member or make any noise or disturbance. A member not in his/her seat is not entitled to vote. 8.9 Disclosure of pecuniary interest - recording Every disclosure of interest and the general nature thereof made at a meeting which is open to the public shall be recorded in the minutes of the meeting by the Clerk. Every disclosure of interest, but not the general nature of that interest, made where the meeting is not open to the public shall be recorded by the Clerk in the minutes of the next meeting that is open to the public. 8.10 Meeting - open - during the taking of a vote Subject to Section 8.11, a meeting shall not be closed to the public during the taking of a vote. 8.11 Meeting - closed - during the taking of a vote Despite Section 8.2, a meeting may be closed to the public during a vote if: (a) Section 4.6 permits or requires a meeting to be closed to the public; and (b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the City, local board or committee of either, or persons retained by or under contract with the City or local board. Article 9 BY-LAWS 9.1 Readings of by-laws - related proceedings (a) An amendment to a by-law in either Committee of the Whole or at third reading must strictly relate to the subject matter of the by-law. (b) It is permissible on a motion for final passing of a by-law to move that the by-law be referred back to a named committee for further consideration, or that third reading be deferred indefinitely or be postponed to a definite time. (c) The Clerk will endorse on all by-laws enacted by Council the dates of several readings, where applicable. (d) Every by-law which has been enacted by the Council will be numbered, dated and deposited in the office of the Clerk for safekeeping. KITCHENER 25.23 May 2022 PROCEDURE Article 10 COMMITTEES 10.1 Procedure Except as otherwise provided in this By-law, a committee will conform to the rules governing protocol and procedure in the Council. 10.2 Establishment - appointment The names of members required to serve on the Special Committees, Boards, Commissions or other bodies to which Council is required or empowered to appoint persons, will be determined by Council in an inaugural, regular or special meeting. A Special Purpose Committee may be established by the Council at any time as is deemed necessary for the consideration of matters within the jurisdiction of the Council. Where the resolution does not name the Committee members, the Mayor shall name them. 10.3 Mayor - ex-officio The Mayor is an ex-officio member of every committee. Where a committee is established by reference to a particular number of members without specifically providing for the membership of the Mayor, such number is automatically increased by one, being the Mayor, as provided under this Section. The Mayor may vote and otherwise participate without any restriction in the business of the committee on the same basis as any other committee member. 10.4 Terms of reference Subject to the provision of any general or special Act, the Council, in establishing any committee, will set forth terms of reference and such other provisions as the Council deems proper. Council may consider any matter without referring it to a Standing Committee or may refer it to one or more committees or refer it to the Committee of the Whole Council and may withdraw a matter from a committee whether or not the committee has entered into consideration. 10.5 Standing Committees The following shall constitute the Standing Committees of Council: (a) Community and Infrastructure Services; (b) Finance and Corporate Services; (c) Planning and Strategic Initiatives. 10.6 Quorum A quorum is as defined under Section 1.20. The Mayor is a member to be included in determining the quorum. KITCHENER 25.24 May 2022 PROCEDURE 10.7 Committee Chair Annually, Council will appoint Committee Chairs and Vice-Chairs for each Standing Committee. Council will annually appoint the time of Standing Committee meetings. Each committee will have the authority to alter the time of its meetings and to hold special meetings so that where possible it will not conflict with meetings of Regional or City Council. Any permanent change of committee dates shall be subject to the approval of Council. 10.8 Committee Agendas That 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 available to members no later than ten (10) days prior to the meeting. 10.9 Committee meetings (a) Generally, committees will meet in City Hall unless noted on the public meeting notice. (b) The Committee Chair will preside; in the absence of the Committee Chair, the Vice- Chair will preside, or in the absence of both, such other member of the Committee as may be appointed by the concurring vote of a majority of the Committee members present. (1) In the absence of the Committee Chair and Vice-Chair for a period of fifteen minutes after the time appointed for the holding of a meeting of the Committee, one of the other members of the Committee, if there be a quorum present, may be appointed as provided in Section 10.9 (b) and discharge the duties of the Committee Chair during the meeting or until the arrival of the Committee Chair or the Vice-Chair. (2) The Committee Chair may vote on any question before the Committee, and, in the event of an equality of votes the Committee Chair will not have an extra casting vote and the question being voted upon is deemed lost. (3) If a quorum is not present thirty minutes after the time appointed for the meeting, the meeting will stand adjourned at the call of the Committee Chair. (4) Notwithstanding Section 10.9 (b) (3), if a quorum is not present after the time appointed for the meeting, the members may choose to proceed with committee business, provided that, prior to considering any recommendations of the Committee, Council must first permit the recommendations to be tabled. (c) No committee shall be permitted to meet while Council is in session. (d) Committees will consider and report on such matters only as have been referred to them by the Council or such matters as come within their continuing terms of reference and jurisdiction. (e) Members may speak more than once to the same question. (f) A motion made in committee need not be seconded. (g) Subject to Section 4.6 of this By-law, all meetings will be open to the public. KITCHENER 25.25 May 2022 PROCEDURE 10.10 General provisions for Committees (a) The rules in respect of the hearing of delegations pursuant to Section 5.1, Section 5.5 and Section 5.7 will apply to all committees of the Council. (b) Should a Committee Chair neglect or refuse to call meetings of the Committee at such times or with such frequency as the proper dispatch of the Committee’s business requires, or do the business of the Committee without the knowledge or consent of its members, or contrary to their wishes or sanction, the Committee may report such neglect, refusal or action to the Council which may remove such Chair from office and appoint another member as Chair. (c) Should any member of a committee fail to attend three successive regular meetings without being authorized to do so by a resolution of the Committee, the Committee may certify such failure and the membership of such person on the Committee is terminated and the Council may appoint another member in his/her place. Receipt of notification of regret by the Committee or Council will constitute authorization for the purposes of this Subsection. (d) Should any committee neglect or refuse to give due attention to any matter before it, the Council may by resolution, discharge such committee and appoint another in its place. (e) When a Special Purpose Committee has completed its work and submitted its final report, it dissolves automatically, unless otherwise directed by Council. (f) Except as may be provided in the Municipal Act, 2001, and herein, no member will have precedence or seniority over any other member. (g) That Committee Chairs will ensure that matters are considered within their allotted time, which may include the need to call the question or defer the matter. (h) That when a matter is proposed to be deferred, consideration shall be given to the Corporate Reports Pending List in deciding an appropriate date for deferral. (i) That any reports that are strictly for information shall be placed under that heading on the agenda and shall only be included as a Discussion item by a majority vote of the Committee." (j) A majority vote of the Committee is required in order to discuss a report listed as a Consent item on a Standing Committee agenda. 10.11 Special - joint committee meetings (a) A joint meeting of two committees may be directed by Council or may be called by their Chairs whenever such Chairs consider it necessary for their respective committees to consider and report jointly on matters within their joint areas of concern. (b) A quorum for the joint meeting of two committees will be a majority of the combined number of members of both of the committees excluding the Mayor. The Mayor, if present, will be counted as one member in making such quorum and will have one vote. (c) The members in attendance at a joint meeting called pursuant to this Section may appoint the Chair of one of the committees to Chair the joint meeting, but if both such Chairs are absent, another member of one of the two committees may be so appointed. (d) When the Chair of the joint meeting calls for the vote on a question, each member KITCHENER 25.26 May 2022 PROCEDURE of the two committees will be entitled to vote in unison, and the question will be decided by a majority of votes, so that only one decision is made. The Chair of the joint meeting may vote on all questions submitted and in the case of an equal division, the question will be deemed to have been decided in the negative. (e) The provisions of this By-law with respect to the conduct of business in committees will apply, with necessary changes, to the conduct of business at a special or joint meeting calling pursuant to this Section. Article 11 GENERAL PROVISIONS 11.1 Work of the Corporation No member as an individual shall direct or interfere with the performance of any work for the Corporation; and the officer in charge shall be subject only to the Council and the committee to which the Council may give authority on its behalf. 11.2 Execution of documents Whenever the execution of any document is required to give effect to any resolution or by-law of the Corporation, the Mayor and the Clerk have general authority for and in the name of the Corporation to execute and to affix the seal of the Corporation to such documents. 11.3 Recording equipment Council 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 it is not disruptive to the meeting. Permission for recording and the location of recording equipment will be granted at the discretion of the Chair. Article 12 REPEAL - ENACTMENT 12.1 By-law - previous (a) By-laws 2015-106, 2020-025, 2020-034 and 2020-038 and the contents of Chapter 25 of The City of Kitchener Municipal Code are hereby repealed. (b) The Clerk is hereby directed to make this by-law a part of The City of Kitchener Municipal Code as Chapter 25 by adding it to the Concordance and arranging and numbering it so as to fit within the schedule of the Code. (c) This By-law will not be amended or repealed except by a two-thirds vote of all members. (d) No amendment or repeal of this By-law will be considered at any meeting of the Council unless notice of the proposed amendment or repeal was given at a KITCHENER 25.27 May 2022 PROCEDURE previous regular meeting of the Council and the Council may not waive such notice. 12.2 Effective date This By-law will come into force and take effect on February 23, 2021. KITCHENER 25.28 May 2022