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HomeMy WebLinkAboutRules of Order RC1 Cape Breton Regional Municipality Recorded Resolution RC1 RULES OF ORDER 1 Order (1) The Mayor or other presiding officer shall preserve order and decorum at all Council meetings and shall decide all questions of order, subject to appeal to the Council. (2) When the Mayor or presiding officer is called upon to decide a point of order or practice, the point shall be stated without unnecessary comment, and the Mayor shall briefly cite the rule or authority applicable to the case. (3) The Mayor may, before ruling on a point of order, consult the solicitor of the Regional Municipality as to the applicable law. (4) It is the right of a member to call another member to order. (5) Where a member calls another member to order, the member must state the point of order clearly and succinctly and it will be for the presiding officer to decide whether the point is well taken. (6) An appeal may be taken from the decision of the presiding officer by any member of the Council. (7) When an appeal is taken from the decision of the presiding officer, the presiding officer shall first state the decision and ad, "The question is: Shall the decision of the Chair stand?" (8) When any question of order or practice is raised, it must be decided before further proceeding with the question in discussion. (9) When any matter of privilege arises, it must be considered immediately. (10) If the Mayor desires to leave the chair for the purpose of taking part in the debate or otherwise, the Deputy Mayor or another member of the Council shall fill the Mayor's place until the Mayor resumes the Chair. Recorded Resolution RC1 Rules of Order (11) If any member of the Council or any other person in attendance at a meeting of the Council persists in disturbing the conduct of the meeting, the Mayor or other presiding officer may (subject to an appeal to the Council) require that person to leave the meeting and may direct a police officer of the Regional Municipality to carry out the order. (12) If the Mayor or other presiding officer determines that it is not possible to maintain order at any meeting of the Council, the Mayor or other presiding officer shall adjourn the meeting. 2 Rules of Conduct and Debate (1) Every member shall, in speaking to any question or motion, address the Chair. (2) When two or more members evidence an intention to speak, the presiding officer shall call upon the member who first showed such an intention, subject to a motion to hear another member. (3) No member shall use offensive words in or against the Council or any member thereof, nor shall the member speak beside the question in debate. (4) No member shall infringe the rules of the Council or disobey the decision of the presiding officer or of the Council on any question of order or practice, or upon the interpretation of the rules of the Council. (5) Where a member infringes the rules of the Council or disobeys the decision of the presiding officer or of the Council, the member may be ordered by the presiding officer or by resolution of the Council to leave that meeting, but if the Council accepts an apology by the offender, the member may be permitted to remain. (6) A member called to order by the presiding officer shall immediately cease speaking, except to explain, and the Council if appealed to shall decide the matter without debate. (7) No member shall pass between any member who is speaking and the presiding officer, nor shall a member interrupt any member who is speaking except to raise a point of order. Page - 2 Recorded Resolution RC1 Rules of Order (8) Any member may require the question or motion in discussion to be read at any time during the debate, but not so as to interrupt a member while speaking. (9) (a) Council members are permitted to speak up to two times to the same question without leave of the Council; the first time for a maximum of five (5) minutes and the second time for two (2) minutes, except for significant issues at special meetings during which Council members will be permitted to speak up to fifteen (15) minutes. Staff responses to questions by Councillors shall be counted in the speaking time. (b) A reply is allowed to a member who has made a substantive motion to the Council, but not to any member who has moved an amendment. (c) If a Council member exceeds the speaking time, any Council member can call a point of order and the Mayor will uphold the ruling that the speaking times be adhered to. (10) Every question shall be decided by a vote of yeas and nays and the presiding officer shall state whether the motion has been carried or defeated. (11) Every public vote on a motion is a recorded vote and is to be released as part of the televised and/or web-streamed broadcast. A paper copy of the results of a recorded vote is to be made available upon request. The staff will make such requests for paper copies available in as reasonably and timely manner as possible and a copy of the recorded vote will be available upon request. The above process does not apply to the limited type of motions made in closed or in camera sessions duly called under provisions noted in Section 22 of the Municipal Government Act. (12) When the question in consideration contains distinct propositions, upon request of any member, a vote upon each proposition shall be taken separately. (13) Every member of the Council present when a question is put shall vote unless: (a) the member has declared a conflict of interest in the subject of the question pursuant to the Municipal Conflict oflnterest Act, or (b) the Council has excused the member from voting. Page - 3 Recorded Resolution RC1 Rules of Order (c) Refusal to vote shall be recorded as voting in the negative, as per the Municipal Government Act. (d) Council will not excuse members from voting unless in Conflict of Interest situations. (14) Subject to the Municipal Conflict oflnterest Act, the Mayor shall vote on all questions before Council. (15) After the question is put, no member shall speak to the question, nor shall any other motion be made until after the result of the vote has been declared; the decision of the presiding officer as to whether the question has been put is conclusive. (16) Whenever the presiding officer is of the opinion that a motion is contrary to the rules and privileges of the Council the presiding officer shall apprise the members immediately without putting the question and shall cite the rule or authority applicable to the case without argument or comment. (17) The Mayor or presiding officer may, at the beginning of any meeting or at any time except when a question is actually under debate, bring any matters as the Mayor or presiding officer may have in charge or may consider desirable before the Council. 3 Motions (1) Any member of Council may require that a motion be in writing except a motion to adjourn, to lay on the table, to postpone to a certain time, to refer or to move the previous question. (2) A motion shall be seconded before being debated or put to the questions. (3) A motion may be withdrawn by the mover with the consent of the seconder at any time before decision or amendment. (4) When a question is under consideration, no motion shall be received except: 1. To adjourn. 2. To lay on the table. 3. To postpone to a certain time. 4. To refer. Page - 4 Recorded Resolution RC1 Rules of Order 5. To amend. 6. To move the previous question. These several motions shall have precedence in the order in which they are named. (5) A motion to adjourn shall always be in order, except: 1. When a member is in possession of the floor. 2. When the ayes and nays are being called. 3. While the members are voting. 4. When "to adjourn"was the last preceding motion. (6) No expression of opinion or qualification shall be made with a motion to adjourn the Council or the debate. (7) The following questions shall be decided without debate or amendment: 1. A motion to reconsider. 2. All motions as to priority of business or as to the suspension of the general order of the day. 3. An application to speak more than the prescribed number of times. 4. A motion to allow any person other than a member of the Council to address the Council. 5. The previous question. 6. A motion to adjourn. 7. A motion to postpone to a certain day. 8. A motion to lay on the table. (8) An amendment may only be amended once. (9) Amendments shall be put in the reverse order to that in which they are moved. Page - 5 Recorded Resolution RC1 Rules of Order 4 Minutes (1) The Clerk shall keep Minutes of the procedures of every meeting of the Council in a properly indexed Minute Book and/or digital record system. (2) The Minutes shall: (a) contain all resolutions and motions passed, with the names of the movers and seconders, and (b) mention reports, petitions and other papers submitted to the Council by their respective titles only, or by a brief description of their purport. (3) The Minutes shall not include any lengthy report of any debate in the Council, but a summary of the main points raised for and against the question may be included at the discretion of the Clerk. (4) The first order of business at any regular meeting of Council shall be the passing of the Minutes of the preceding regular meeting and any special meetings held since the last regular meeting of the Council. (5) The Minutes as approved or as corrected and approved shall be signed by the Mayor and the Clerk. 5 Resolutions Involving Extraordinary Expenditures All resolutions involving and expenditure not definitely arranged for in the estimates shall be laid on the table as a Notice of Motion to be discussed at a subsequent meeting. No such resolution shall be voted upon at the same meeting at which it is introduced unless the Chief Administrative Officer recommends in favour of the expenditure and the Council by a two-thirds vote of the members then present approved the expenditure. 6 Reconsideration (1) After any question has been decided either in the affirmative or negative, any member may, at the same meeting, or at the first meeting thereafter, move for a reconsideration thereof. No discussion of the main question shall be allowed unless the motion to reconsider has passed. (2) No question shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered. Page - 6 Recorded Resolution RC1 Rules of Order 7 Rescind; Amend Something Previously Adopted (1) The Council can change an action previously taken or ordered by: (a) Motion to rescind can be used to strike out an entire main motion that has been adopted at some previous time; or (b) Motion to amend something previously adopted can be used if it is desired to change only a part of the text, or to substitute a different version. (2) Two-thirds majority vote is required on a motion to rescind or motion to amend something previously adopted. However, a simple majority vote is only required if notice of intent to make the motion, stating the complete substance of the proposed change, has been given at a previous meeting. (3) Motions to rescind or amend something previously adopted are not in order under the following circumstances: (a) When it has been previously moved to reconsider the vote on the main motion, and the question can be reached by calling up the motion to Reconsider, (b) When something has been done, as a result of the vote on the main motion, that is impossible to undo. The unexecuted part of the motion, however, can be rescinded or amended. 8 Adiournments The Council shall always adjourn at the hour of 10:00 p.m. if in session at that hour unless otherwise determined by vote of two-thirds of the members present. Page - 7 Recorded Resolution RC1 Rules of Order 9 Agenda (1) The Clerk, in consultation with the agenda review working group, shall prepare an agenda for all matters that are to come before any meeting of Council in the sequence in which they should arise in accordance with the Council Agenda Policy. (2) The agenda shall be distributed before each meeting of the Council. (3) No matter not on the agenda may be considered at a meeting except as notice for the next succeeding meeting of the Council. 10 Persons Not Members of Council (1) The Clerk, the Solicitor, or other officer of the Regional Municipality may address the Council on the request of the Mayor or other presiding officer or of any member of the Council. (2) No other person who is not a member of the Council shall be heard without the permission of the Council. (3) The permission of the Council may be extended by the Mayor or other presiding officer subject to the objection by a majority of the members of the Council present. (4) Any matter brought to the Council by petition or public representation shall be considered by the agenda review working group. (5) No one may bring any sign, poster, placard, banner or other like device into the Council Chamber without the prior permission of the Mayor or other presiding officer, subject to objection by a majority of the members of Council present. Page - 8 Recorded Resolution RC1 Rules of Order 11 Suspension of Rules The rules and procedures of the Council may be suspended by two-thirds majority vote of the members present. 12 General In all cases not provided for, the proceedings of the Council shall be governed by Roberts' Rules of Order. Approved by Council: August 1, 1995 Amended by Council: August 15, 2000 November 28, 2000 February 19, 2002 March 14, 2005 July 14, 2020 Page - 9