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HomeMy WebLinkAboutBylaw 1930 Procedural Bylaw BYLAW NO 1930 PROCEDURAL BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING MEETING PROCEEDINGS FOR COUNCIL AND COUNCIL COMMITTEE MEETINGS. WHEREAS Section 145 of the Municipal Government Act, R.S.A. 2000 Chapter M-26 and amendments thereto authorizes Council to pass bylaws that regulates the procedure and conduct of Council and Council Committee meetings in order to promote orderly proceedings and to provide for open and effective government. NOW THEREFORE, the Council of Kneehill County, duly assembled, enacts as follows: PART ONE – INTRODUCTION 1. TITLE This bylaw shall be known as the “Procedural Bylaw”. 2. DEFINITIONS In this bylaw the following words and phrases mean: “Act” means the Municipal Government Act, R.S.A. 2000 Chapter M-26, any regulations thereunder, and any amendments or successor legislation thereto. “Adjourn” means to close and terminate the meeting or public hearing. “Administration” means an employee, employed by the County. “Agenda” is the list of items and orders of business for any meeting along with associated reports, policies, bylaws or other documents. “Bylaw” means a Bylaw of Kneehill County. “Chairman/Chair” means the person who has been given authority to direct the conduct of a meeting and when in attendance at a Council meeting, shall mean the Reeve or Deputy Reeve. Bylaw No. 1930 Meeting Procedures Bylaw Page 2 of 32 “Chief Administrative Officer (CAO)” is the administrative head of the municipality who is appointed by Council pursuant to the Municipal Government Act. “Closed Session” means a meeting of Council or Committee which is held in private without the presence of the public pursuant to Section 197 of the Municipal Government Act. “Committee” means a Council Committee, Board or other body established by Council pursuant to the Municipal Government Act. “Council” means the Reeve and Councillors, duly elected in the County and who continue to hold office. “Councillors” means a duly elected Member of Council, including the Reeve. “County” means Kneehill County. “Committee of the Whole” A Council Committee where all members of Council sit as a committee and operates under informal rules to discuss emerging matters and may recommend matters discussed be brought back to a subsequent Council meeting for action. “Council Committee” means a committee, board, or other body established by Council under Section 145-146 of the Municipal Government Act. “Deputy Reeve” is the Councillor appointed by Council to act as Reeve when the Reeve is unable to perform the duties of the Reeve or if the office of Reeve is vacant. “Electronic Means” means an electronic or telephonic communication method that enables all persons attending a meeting to hear and communicate with each other during the course of the meeting. “Emergent Business” is business that is an emergency situation that poses an immediate risk to health, life, property, environment or financial well-being of the County and calls for prompt action. “Majority” means more than half of the Members present. “Meeting” means an organizational, regular or special meeting of Council or Committee. Bylaw No. 1930 Meeting Procedures Bylaw Page 3 of 32 “Member” is duly elected member of Council or a duly appointed member of a committee who continues to hold office. “Members at Large” is a member of the public appointed by Council to a Committee of Council. “Motion” is a proposal for action by Council or Committee. “Organizational Meeting” means a Meeting of Council held in accordance with Section 192 of the Municipal Government Act and Part 3 of this Bylaw. “Point of Order” is a statement from a Member to call attention to any departure from the Procedural Bylaw. “Point of Privilege” refers to all matters affecting the rights and privileges of Council collectively or any of its members individually. “Prevailing Side” means the side (for/against) that carried the vote on the motion. “Public Hearing- Group” A group in a public hearing refers to two or more individuals representing a shared position, interest, or organization on a matter before Council. Groups may include community organizations, associations, businesses, or individuals who have coordinated their presentation to provide a collective viewpoint. “Public Hearing Scheduled Through Special Council Meeting” Refers to a Public Hearing anticipated to generate significant public interest, with attendance expected to meet or exceed the capacity of Council Chambers. “Quorum” means the number of Members required for the legal conduct of the business of Council or a Committee. For Meetings of Council and Committee of the Whole, quorum is four (4) Members. “Recording Secretary” means the person designated to record the minutes of a Council or Committee meeting. “Regular Meetings” is a meeting of Council held in accordance with Section 193 of the Municipal Government Act. “Reeve” means the Chief Elected Official of the County within the meaning of the Municipal Government Act. Bylaw No. 1930 Meeting Procedures Bylaw Page 4 of 32 “Special Meetings” is a meeting of Council held in accordance with Section 194 of the Municipal Government Act. “Statutory Public Hearing” means a public hearing required by the Municipal Government Act or other legislation. “Substantially the Same Motion” means a motion that is the same in substance and intent as a motion previously decided, even if worded slightly differently. “Written Consent” means to give approval or consent either by email, text message, facsimile or by signed letter. APPLICATION (1) This Bylaw shall govern Organizational Meetings, Regular Meetings, Special Meetings, and Council Committees established by Council and shall be binding upon all Committee members whether Members of Council or Members at Large. (2) When any matter relating to the meeting proceeding is not addressed in this Bylaw or in the Municipal Government Act, the matter will be determined by referring to the most recent version of “Robert’s Rules of Order Newly Revised ”. (3) In the event of a conflict between the provisions of this Bylaw and Robert’s Rules of Order, the provisions of this Bylaw shall apply. (4) Notwithstanding Paragraph (1), where the Committee Bylaw or Terms of Reference establishes other procedures or gives the Committee the authorization to establish its own Meeting procedure, if there is a conflict between the Committee’s established Meeting procedures and this Bylaw, that Committee’s established Meeting procedure will have precedence over this Bylaw for the purposes of that Committee’s Meetings. PART TWO – ROLES 3. REEVE (1) The Reeve: a. when present, shall preside as Chair over all meeting of Council, unless otherwise provided for in this Bylaw; b. shall preside over the conduct of the meeting, including the preservation of good order and decorum, ruling on points of order, replying to points of procedure and deciding all questions relating to the orderly procedure of the meeting, subject to an appeal by any Member of Council from any Bylaw No. 1930 Meeting Procedures Bylaw Page 5 of 32 ruling of the Chair; c. ensures that each Councillor who wishes to speak on a debatable Motion is granted the opportunity to do so; d. The Reeve has the same rights as other members, including the right to make motions and vote. 4. DEPUTY REEVE (1) The Deputy Reeve: a. Chairs Council meetings when the Reeve is absent or unable to act as Reeve and shall have all the powers and responsibilities of the Reeve under this Bylaw. b. The Deputy Reeve will Chair Committee of the Whole Meetings. In the absence of the Deputy Reeve, the Reeve will assume the role of Chair. 5. ACTING CHAIR (1) An Acting Chair presides over Council meetings as the Chair when both the Reeve and Deputy Reeve are unable to perform the duties of the position. a. The Chief Administrative Officer will preside over the selection of the Acting Chair. Once the Acting Chair is selected, they will preside over the remainder of the meeting. b. An Acting Chair is chosen by general consensus of the members in attendance or, if required, by a resolution of the members in attendance. PART THREE-COUNCIL & COMMITTEE MEETINGS 6. QUORUM & ABSENCES (1) If a Member is unable to attend a meeting, the Member shall notify the Chair and the Chief Administrative Officer as soon as reasonably possible after becoming aware of the inability to attend and shall update the Council calendar to reflect the absence. (2) As soon as there is a quorum of members after the time set for the meeting, the Chair will call the meeting to order. (3) If there is no quorum present within half an hour after the time set for the meeting, the Chief Administrative Officer or designate shall, record the names of the members present and the meeting shall be adjourned. 7. REGULAR MEETINGS OF COUNCIL (1) At its organizational meeting, Council will establish the dates and time of regular Council and committee meetings for the ensuing year using the following criteria Bylaw No. 1930 Meeting Procedures Bylaw Page 6 of 32 a. Meetings shall be held on the second and fourth Tuesday of each month. If that date falls on a holiday, the meeting shall be held on the following day. (2) All Councillors must be present when establishing the dates and times of regular Council meetings pursuant to section 193 (1) or the Municipal Government Act. (3) Council may by Motion, change a regularly scheduled meeting day if necessary due to conflicting dates of other meetings or conventions Council would be attending. (4) Meetings shall take place at the Kneehill County Municipal Office or at another location within the Municipality when Notice is given. (5) Regular meetings of Council shall commence at 8:30 a.m. When a regular Council meeting is held on the same day as the Organizational Meeting, the regular Council meeting shall begin immediately following the conclusion of the Organizational Meeting. (6) If Council changes the date, time or place of a regularly scheduled meeting, the municipality must give at least 24 hours’ notice of the change to any Member of Council not present at the meeting at which the change was made, and to the public. (7) the CAO or designate will be responsible for posting public notice of changes to a Regular Meeting at least twenty-four (24) hours in advance by: a. Posting a notice on the County’s website if time permits, and b. Posting a notice in the local newspaper if time permits. 8. CANCELLATION OF MEETINGS (1) A cancellation of a regular scheduled meeting must be made by resolution of Council. If Council changes the date, time or place of a regularly scheduled meeting, the municipality must give at least 24 hours’ notice of the change a. To any Member of Council not present at the meeting at which the change was made; and b. To the public. 9. SPECIAL COUNCIL MEETINGS (1) A Special Council Meeting shall be scheduled when required by the Reeve or a majority of Council. (2) No less than 24-hours notice of a Special Council Meeting shall be provided to each Councillor and to the public. The notice shall state the time, date, place and in general terms the nature of the business to be transacted. (3) A Special Council Meeting may be held with less than 24 hours’ notice to all Councillors and without notice to the public if at least two-thirds of the whole Bylaw No. 1930 Meeting Procedures Bylaw Page 7 of 32 Council agrees to do this in writing before the beginning of the meeting. (4) The Agenda for a Special Council Meeting shall be restricted to the business stated in the notice unless all Councillors are present and a Motion is passed to deal with the additional matter. 10. ORGANIZATIONAL MEETINGS (1) An Organizational Meeting shall be held no later than fourteen days after the third Monday in October each year. (2) At the organizational meetings, Council: a. Appoints the Reeve and Deputy Reeve for the ensuring one-year period; b. Establishes the dates and times of regular Council, committee meetings and Organizational meetings as required; c. Makes Council and Committee appointments as required, including appointments for council representatives, member at large positions, and Chair and Vice Chair Positions. d. Determines the seating arrangements for the ensuing one-year period using the following guidelines: i The seating arrangements of Council shall be determined at the Organizational Meeting. The Reeve shall occupy the center seat at the head of the Council table with the Deputy Reeve occupying the position directly to the Reeve’s left. The seating positions of the remainder of Councillors shall be determined by each Councillor drawing a number between 1 and 5. Councillor seating will also be numbered from 1 through 5 as determined by the CAO or designate prior to Councillors drawing their number. The order of drawing is determined by the official Division number with Division 1 drawing first and Division 7 drawing last. In the event any Councillor is not present at the drawing, the Chief Administrative Officer, or designate, will draw for the Councillor(s) not present. e. Considers any other matter on or added to the organizational meeting agenda. (3) During organizational meetings: a. The Chief Administrative Officer calls the meeting to order, presides over the appointment of the Reeve for the ensuing year and their oath of office; and b. Once elected, the Reeve presides over the appointment of the Deputy Reeve for the ensuing year and all subsequent matters on the Bylaw No. 1930 Meeting Procedures Bylaw Page 8 of 32 organizational meeting agenda. (4) During the appointment of vacant positions at the organizational meeting, or as otherwise required from time to time, the following procedures apply: a. Candidates nominated for Reeve or Deputy Reeve will be announced out loud. Candidates will not be nominated by secret ballot. b. If only one nomination is received for a vacant position, the nominee will be appointed by acclamation; or c. If more than one nomination is received for a vacant position, a vote by secret ballot will be conducted using the following exhaustive ballot procedure: i If no nominee receives a majority of votes on the first ballot, the nominee who received the least number of votes is dropped from the ballot and a subsequent ballot is conducted with the remaining nominees; and ii On any subsequent ballots, the nominee who receives the least number of votes is dropped from the ballot until a nominee receives the majority of votes. (5) All appointments, including appointments determined by secret ballot, must be confirmed by resolution pursuant to section 185.1 (2) of the Municipal Government Act. (6) All ballots for secret ballot votes conducted at the organizational meeting are destroyed after the meeting is adjourned. 11. COMMITTEE OF THE WHOLE MEETINGS (1) The purpose of the Committee of the Whole is to allow Council to meet in a less formal and structured manner to: a. Discuss issues of long term planning and policy development b. Discuss complex administration, finance, zoning and land development issues; and c. Consider any other matters that from time to time may require Council’s in depth consideration (2) Committee of the Whole meetings are held primarily for Council discussion and receipt of information. No formal decisions shall be made at Committee of the Whole meetings. Recommendations of the Committee of the Whole shall be considered and voted upon at a future Council meeting. (3) Council Committee of the Whole may make motions only for the following purposes: Bylaw No. 1930 Meeting Procedures Bylaw Page 9 of 32 a. “procedural” matters, including adopting the agenda, and adopting Committee of the Whole Mintes b. making recommendations to Council or other Council Committees regarding a matter discussed at the Committee of the Whole meeting; and c. providing direction to Administration in the preparation and or continued development of a matter under review. (4) Members of the public may attend Committee of the Whole meetings as observers only and shall not participate in discussion. a. Notwithstanding subsection (4), Council may, at its discretion, invite a resident or other individual to speak or provide information on a specific matter before the Committee of the Whole. Such an invitation does not create a general right of public participation or a public question period. (5) The Committee of the Whole meeting schedule shall be established by motion at the annual organization meeting or at a regular meeting following the organizational meeting, as may be appropriate. (6) Notice of Council Committee of the Whole meetings shall be posted on the County’s website. (7) The agenda shall be posted on the County website the Wednesday prior to the Committee of the Whole meeting. (8) Regular Committee of the Whole meetings shall be held at 8:30 a.m. in Council Chambers. (9) Minutes of a Committee of the Whole meeting shall be adopted by motion at the following Committee of the Whole meeting. 12. DELEGATIONS AT COUNCIL MEETINGS (1) Requests for individuals or groups to present to Council as a delegation shall be made 19 (nineteen) days prior to the requested meeting date. Exceptions for emergent issues may be made at the discretion of the CAO (or designate). (2) Delegations are scheduled at the discretion of the CAO (or designate), subject to: a. the volume of material on any given agenda; b. the number of requests for a specific meeting date and urgency of request; or c. subject matter (3) The written submission will indicate the following information: a. complete name of the presenter(s) and contact information (i.e. Mailing address, e-mail, telephone/fax number) and the organization they are representing (if applicable); Bylaw No. 1930 Meeting Procedures Bylaw Page 10 of 32 b. nature and purpose of the delegation and the material to be covered/presented; c. any PowerPoint presentation or other material to be used or presented at the meeting. (4) Presentations will be directed to the Chair and will be limited to fifteen (15) minutes with an additional ten (10) minutes for questions for clarification by members and administration. The Chair may extend the time limits as necessary. (5) Information presented by the delegation will be restricted to the topic noted in the written submission and recorded on the meeting agenda. (6) Subsequent deputations from the same individual/group concerning a topic on which they have previously presented or spoken will not be permitted unless there is significant new information to be brought forward. (7) Delegations will not be heard regarding matters involving current or pending litigation, insurance claims, matters beyond the jurisdiction of Council, or Municipal Freedom of Information and Protection of Privacy Act issues . (8) Delegations will not be permitted to speak regarding topics that will be the subject of an upcoming public meeting pursuant to the Municipal Government Act, unless exceptional circumstances apply which have been reviewed and approved by Council. Persons wishing to speak about such matters are requested to present their concerns and opinions at the scheduled public meeting where their comments can be considered along with all other submissions. 13. CLOSED SESSION (1) In accordance with the Municipal Government Act, Council or a Committee may close all or part of a meeting to the public where the subject matter may be withheld from disclosure under the Access to Information Act or involves personal information protected by the Protection of Privacy Act. (2) Before closing all or any part of the meeting to the public, a Council or Council Committee shall pass a motion a. stating the reason for closing the meeting; and b. identifies the specific section of the Access to Information Act authorizing the closure, including an exception to disclosure under Division 2 of Part 1 (sections 19 to 34), or as otherwise permitted by regulation. (3) When a meeting is held in closed session, no Motion or Bylaw may be passed except a Motion to revert to a meeting held in public. (4) Where a Council or Council Committee closes all or part of a meeting to the public, the Council or Council Committee may allow one or more other persons to attend, as it considers appropriate. Bylaw No. 1930 Meeting Procedures Bylaw Page 11 of 32 (5) The use of cell phones by attendees is prohibited during closed session, unless the Chair permits an attendee to retain a cell phone for personal emergency purposes. (6) A Subdivision Authority, Development Authority or Subdivision and Development Appeal Board established under Part 17 of the Municipal Government Act may deliberate and make its decision in a meeting closed to the public. (7) After the closed meeting discussions are completed, any members of the public who are present outside the meeting room must be notified that the rest of the meeting is now open to the public, and a reasonable amount of time must be given for those members of the public to return to the meeting before it continues. (8) Pursuant to sections 153(e), 197, and 198 of the Municipal Government Act, members are required to keep confidential all matters discussed during a meeting or portion of a meeting closed to the public, unless and until Council considers the matter at a meeting held in public. 14. MEETINGS BY ELECTRONIC MEANS (1) Council may conduct any Council Meeting or Committee Meeting through electronic means in accordance with the requirements of applicable provincial and municipal legislation. (2) Council shall conduct all Public Hearings through electronic means in accordance with the requirements of applicable provincial and municipal legislation. (3) Anyone may participate in a Public Hearing through electronic means in accordance with the Act and the Public Hearing procedures outlined under Part Six of this Bylaw. (4) Public notifications of a meeting conducted through electronic means, including Public Hearings, shall include: a. The type(s) of electronic means by which the meeting is to be held; and b. The method by which members of the public may access the meeting and make submissions. (5) Council and committee members may attend Closed Sessions by electronic means for Council and Committee meetings if they are participating in the meeting electronically in accordance with this bylaw. a. Where a Council or Committee closes all or part of a meeting to the public, Council may allow one or more other persons to attend by electronic means, as it considers appropriate. (6) Closed Sessions cannot be conducted through electronic means during a public Bylaw No. 1930 Meeting Procedures Bylaw Page 12 of 32 hearing and Councillors participating in a meeting through electronic means cannot participate in closed sessions held at that meeting. (7) Councillors participating in a meeting held by electronic means are deemed to be present at the meeting. (8) It is encouraged that physical attendance at meetings occurs regularly. (9) A Member of Council may participate in meetings by electronic means, regardless of their location, for a maximum of two (2) consecutive Council meetings, unless otherwise authorized by resolution of Council. a. For the purposes of this section, “consecutive” means successive Council meetings without in-person attendance. (10) A Member of Council, except for the Chair of the meeting, may participate in a meeting through electronic means if: a. The location is able to support its use, ensuring that all Council members participating in the meeting are able to communicate effectively. b. The location is secure, appropriate for Council interaction and public viewing, and free from outside distractions. (11) The number of people participating by using the electronic means will be limited by the system’s capacity. (12) The meeting Chairman must be physically present at the meeting and cannot Chair the meeting through electronic means. To participate in a meeting electronically, the Chair must vacate the chair for that meeting. (13) The Chair shall announce to those in attendance at the Council meeting that a Council member or Administration member is attending the meeting by means of electronic means. (14) The Chair has the authority to end a member’s use of electronic participation in an in-person meeting if, in their opinion, the use of electronic participation is disruptive to the meeting or the location of the member is not secure or is not appropriate. (15) To participate in a meeting through electronic means a member must notify the Chair and Chief Administrative Officer as soon as they are aware of their need to participate electronically. (16) In the case of an emergency, public health or disaster event: a. Council can conduct their meeting electronically with all Council members and CAO participating electronically ensuring all requirements of Section 199 of the Municipal Government Act are met. Bylaw No. 1930 Meeting Procedures Bylaw Page 13 of 32 15. RECORDING AND LIVE STREAMING MEETINGS (1) Council, Special, Committee of the Whole, Public Hearing and Organizational meetings and all other meetings may be recorded, and/or live streamed to the public, with the exception of Closed Sessions. (2) The use of audio and video recording devices and cameras by the press or the public is prohibited. (3) If a Council, Special, Committee of the Whole, Public Hearing, Organizational meeting or any other meeting is recorded, and/or live streamed to the public: a. signage shall be posted to ensure presenters and members of the public are aware that public meetings may be recorded, and/or live streamed to the public and made available over the website. b. at the commencement of each meeting, the Reeve or Chair shall notify those present, including members of the public, that the meeting is being recorded, and /or live streamed to the public through Kneehill County’s website and/or online. c. the Reeve or Chair has the discretion and authority at any time to direct the termination or interruption of the recording and /or live stream to the public if they consider it prudent or advisable to do so. (4) If there are technical difficulties while live streaming or recording: a. notice of technical difficulties will be provided on the County website; b. there will be no posted video of that meeting on the County public YouTube Channel website or website; and c. the meeting shall continue without recording or live streaming, and the lack of a recording or livestream shall not affect the validity of the meeting or any decisions made. (5) The official record of meetings shall be written, approved minutes as required by the Municipal Government Act, regardless if the meeting is recorded or livestreamed. (6) Copyright to recordings of Council meetings made available on the County’s website is owned by Kneehill County. No part of the recorded materials posted on the County’s website may be reproduced. PART FOUR- AGENDA 16. AGENDA PREPARATION & DISBURSEMENT (1) The preparation and distribution of agendas for Regular Council Meetings, Special Council Meetings, Organizational Meetings, and Committee of the Whole Meetings shall be the responsibility of the Chief Administrative Officer (or designate), who shall prepare and distribute the agendas in consultation with Bylaw No. 1930 Meeting Procedures Bylaw Page 14 of 32 the Reeve and Deputy Reeve. The Chief Administrative Officer (or designate) shall ensure that: a. electronic copies of the agendas for meetings listed under section 16(1) are provided to all Members of Council on the Tuesday prior to the meeting; and b. agendas for meetings listed under section 16(1) are made available to members of the media and the public on the Wednesday prior to the meeting. 17. ORDER OF BUSINESS (1) The agenda prepared for each meeting shall be approved as the first order of business. (2) If an alteration to the order of business is desired for the convenience of the meeting, the Chair may make such alteration but shall not delete any portion of the business set out in the agenda. 18. ADDITIONS OR DELETIONS (1) Once the Council agenda has been published, requests to add an item to the agenda must be approved by Council. (2) The addition or deletion of agenda items after the agenda has been adopted requires a unanimous vote of Council. 19. EMERGENT BUSINESS (1) Emergent Business is an Agenda item that is not on the Agenda and because of time constraints must be brought before Council. The Emergent Business item: a. shall be considered as an addendum to the Agenda; and b. the Chief Administrative Officer (CAO) shall provide an explanation indicating the reasons and degree of urgency. 20. MINUTES (1) The minutes of the preceding meeting shall be the second order of business, so that any errors or omissions may be corrected by the Council. (2) The Recording Secretary will prepare the minutes of each Council Meeting and will distribute a copy of the minutes with a subsequent Council Meeting Agenda. (3) Any Councillor may make a Motion requesting that the Minutes be amended to correct any inaccuracy or omission. (4) The minutes, once adopted, shall be signed by the Reeve or Chair and the Chief Administrative Officer. Where the Reeve or Chair who presided over the meeting is no longer in office or is otherwise unavailable to sign the minutes, the current Reeve or Chair may sign the minutes in their place. Bylaw No. 1930 Meeting Procedures Bylaw Page 15 of 32 (5) The minutes shall record the date, place time of commencement, and time of adjournment of the meeting. 21. ADJOURNMENT (1) Upon completion of all items listed on the agenda, the Chair may declare the meeting adjourned without a motion. (2) If it is proposed to adjourn a meeting before all agenda items have been completed, a motion to adjourn is required. a. Despite the above, no motion is required to adjourn a meeting where: i quorum has been lost; or ii a safety concern or disorder exists that makes it impracticable to continue the meeting. (3) No further business may be conducted once a meeting has been adjourned. 22. PROCEEDINGS (1) All discussions during a meeting must be directed through the Chair. (2) Temporary Absence a. If a member arrives late, leaves before the Meeting is adjourned, or is temporarily absent from the Meeting, the Meeting Minutes shall reflect such absence and the time of the absence. (3) Speaking to Motions a. All questions or debate must be directed through the Chair. b. Members of Council wishing to speak on a matter before the meeting should indicate their intention by raising their hand and being recognized by the Chair and should not speak more than once until every Member of Council has had the opportunity to speak except: i to provide an explanation of the Member’s previous remarks if misunderstood; ii in the case of the mover, to answer questions from the floor directed to the Chair; and iii to allow the mover to close debate after the Chair has called for further discussion and all other Members have had an opportunity to be heard. c. Any member may require the question or Motion under discussion, or any portion thereof, to be read at any time during debate, but not so as to interrupt a member while speaking. Bylaw No. 1930 Meeting Procedures Bylaw Page 16 of 32 (4) Interruption of Speaker a. A Member who is speaking may only be interrupted by another Member on: i A Point of Privilege; or ii A Point of Order b. A Member who is speaking when a Point of Order or Privilege is raised shall immediately cease speaking. (5) Ruling on Proceedings a. The Chair shall rule on a Point of Order or Privilege and no vote shall be taken unless there is a challenge by a Member to the ruling. PART FIVE – MOTIONS 23. GENERAL PROVISION OF MOTIONS (1) A Motion that has been moved shall not be required to be seconded. (2) A Member may move a Motion whether or not the Member intends to support it. (3) The Chair shall not call the question on any Motion until Council or Committee is completely satisfied that it is clear on how the Motion reads. (4) A recommendation in a report does not constitute a Motion until it is moved by a Member. (5) When a Motion has been made and is being considered, no Member may make another Motion except to: a. Amend the Motion; b. Amend the amendment to the Motion; c. Withdraw the Motion; d. Refer the main Motion; e. Table the main Motion; f. Move a Motion that has privilege that is: i a Motion to recess; ii a Motion to adjourn; or iii a Point of Privilege (6) When a Motion is before the meeting and the mover wishes to withdraw or modify it or substitute a different one in its place, and if no one objects, the Chairman shall grant permission. However, if any objection is made, it is Bylaw No. 1930 Meeting Procedures Bylaw Page 17 of 32 necessary to obtain leave by Motion to withdraw and this Motion cannot be debated or amended. Once a Motion is withdrawn, the effect is the same as if it had never been made. (7) The mover of a Motion must be present when the vote on the Motion is taken. 24. DEBATE OF MOTIONS (1) Every main Motion is debatable with the exception of: a. A Motion on a point of order b. A Motion to adjourn c. A Motion to table- time must be given d. A Motion to withdraw a Motion , “Lay on the Table” e. A notice of Motion 25. CLOSING DEBATE (1) A Member who moved the main Motion, may close debate after other Members have been given an opportunity to speak. (2) Before the debate is closed and the vote called, a Member may, request that the Motion be read aloud or ask a question that: a. relates directly to the debate; b. contains no argument: and c. introduces no new material on the Motion (3) When a Member has closed debate the Chair shall immediately call for a vote on the Motion. (4) When the vote has been called for on the Motion, no Member shall debate further on the Motion or speak, except to request that the Motion be read aloud or viewed on the screen. 26. AMENDMENT TO A MOTION UNDER CONSIDERATION (1) A Member may not amend a Motion or make an amendment which: a. does not relate to the subject matter of the main Motion; or b. is contrary to the main Motion. (2) Only one amendment to the main Motion and only one amendment to that amendment shall be allowed. (3) The amendment to the amendment must be voted on before the amendment. (4) An amendment to an amendment must be relevant to the amendment. (5) The main Motion shall not be debated until all amendments to it have been Bylaw No. 1930 Meeting Procedures Bylaw Page 18 of 32 voted on. (6) Amendments shall be put in reverse order to which they have been moved. (7) A Member, who moved a Motion, may not move an amendment to it. 27. SPLITTING MOTIONS (1) A Member may request that a Motion be divided if it contains parts that stand as complete propositions. Council and Council Committee(s) must then vote separately on each proposition. 28. WITHDRAWAL OF A MOTION (1) After a Motion has been moved and stated by the Chair, it is the property of the Council or Committee and may only be withdrawn by the mover with the unanimous consent of the Members present at the Meeting. (2) A Motion withdrawn shall not be recorded in the minutes. 29. MOTION TO RECESS (1) The Chair, without a Motion, may recess the meeting for a specific period. (2) Any Member may move that Council recess for a specific period. 30. MOTION TO DEFER (1) A Member may move to defer a motion or item to a future Council meeting in order to allow additional time for consideration, information gathering, or future debate. 31. MOTION TO REFER (1) A Member may move to refer any Motion to the appropriate Committee or Administration for investigation and report. 32. MOTION TO RECEIVE FOR INFORMATION (1) A Motion to Receive for Information is made to acknowledge an item, report or recommendation. No additional action is taken. 33. MOTION ARISING (1) A Motion Arising must a. be directly related to and arise from an item which has just been considered; and b. be made before another item is in front of the meeting. 34. MOTION TO TABLE (1) A Motion to Table is made to place a main Motion and all pending amendments to the main Motion aside temporarily, with the intention of bringing them back either later in the same Meeting or at a later date for action. Bylaw No. 1930 Meeting Procedures Bylaw Page 19 of 32 (2) A Motion to Table takes precedence over all other Motions connected with the Motion being tabled. (3) A Motion to Table must be made with reference to a set time, set date. (4) If the tabling Motion does not include the date of the meeting to which the tabled matter is to be brought forward, it will be brought forward to the subsequent meeting. (5) A matter tabled to a set date shall not be considered before that date, except by Special Motion. 35. MOTION TO LIFT FROM THE TABLE (1) A Tabled item shall be brought back with all of the Motions related to it, exactly as it was when laid on the table. (2) An item tabled to a set date shall be added to the agenda at the date without the requirement to lift from the table. 36. RECONSIDERATION, RENEWAL, AND RESCINDING OF DECISIONS This section sets out how Council may revisit or bring back matters that have been decided. Quick Summary Table Situation Correct Motion Defeated motion-any subsequent meeting Make the motion again (renewal allowed) Mistake realized earlier in the same meeting. Reconsider Decision made at a previous meeting Rescind or Amend Previously Adopted Want to undo part of an old decision Amend Previously Adopted (1) Motion to Reconsider (Same Meeting) This is the proper tool when Council immediately realizes it may have made an error in the same meeting. a. A motion to Reconsider is used to request that Council review a decision made earlier in the same session. b. A motion to reconsider may only be made by a Member who voted on the prevailing side of the original motion. c. A motion to Reconsider: i Is decided by majority vote; and Bylaw No. 1930 Meeting Procedures Bylaw Page 20 of 32 ii Is debatable only to the extent the original motion was debatable d. If the motion to Reconsider passes, the original motion is returned to Council as though it had not been decided, and Council proceeds to debate and vote on it again. e. A motion to Reconsider shall not be used to reconsider: i A decision that has been fully carried out and cannot be undone; or ii A decision that would conflict with a statutory process, notice requirement, or legislated appeal period. (2) Renewal of a Defeated Motion (Any Subsequent Meeting) a. A motion that was defeated may be introduced again at any subsequent meeting as new business, unless restricted by this bylaw. b. A renewed motion introduced under subsection 2 (a): i May be worded the same or substantially the same as the motion previously defeated; and ii Shall be treated as a new motion for all procedural purposes c. A defeated motion shall not be reintroduced at the same meeting or same session unless: i The motion is materially amended to address new information or changed circumstances; or ii Council has first adopted a motion to Reconsider under Section 36.1. (3) Rescind or Amend a Previously Adopted Motion a. Where Council wishes to cancel or change a motion that was previously adopted, Council may do so by: i A motion to Rescind (to cancel the earlier decision), or ii A motion to Amend a Previously Adopted Motion (to change part of the earlier decision). b. A Motion under subsection 3 (a) is permitted at any meeting, provided doing so is not: i contrary to legislation; ii Contrary to a contractual obligation; or iii Related to an action that has been fully carried out and cannot reasonably be undone. c. A motion to Rescind or Amend a Previously Adopted Motion requires: Bylaw No. 1930 Meeting Procedures Bylaw Page 21 of 32 i A member shall move a motion to Rescind or Amend a Previously Adopted Motion, clearly identifying prior resolution (including the date and/or resolution number. (a) No separate motion or permission of Council is required to introduce a motion to Rescind or Amend a Previously Adopted Motion. ii The Chair shall state the motion and it shall be open for debate. iii Then Council will vote on the motion. d. If the motion to Rescind or Amend Previously Adopted passes, the earlier decision is cancelled or amended to the extent stated in the new motion. (4) Effect on Related Motions and Actions a. A motion to Reconsider, Rescind, or Amend Previously Adopted does not automatically invalidate actions already taken under the earlier decision unless the new motion expressly addresses those actions. b. Where administration has acted on a decision (eg. Contracts issued, notices sent), Council should consider legal/operational impacts before rescinding or amending. 37. NOTICE OF MOTION (1) Purpose: A Notice of Motion is a formal notice given by a Member to Council, that the Member intends to introduce a motion at a future regular Council meeting to bring forward a new matter for consideration or purpose a course of action. (2) Submission of Notice: A member wishing to give a Notice of Motion shall submit the proposed Notice of Motion in writing to the Chief Administrative Officer (CAO) no later than 4:00 p.m. on the Monday, (8) days preceding the Council meeting at which the Notice of Motion is to be introduced. (3) Content of Notice: A Notice of Motion must: a. Clearly identify the subject matter to be considered; b. Provide sufficient detail to allow Council and Administration to understand the intent of the proposed motion; and c. State the date of the meeting at which the motion will be brough t forward for consideration. (4) Introduction of Notice: A Notice of Motion introduced at a regular Council meeting for information only and shall not be debated or decided at that meeting. (5) Placement on Agenda: A Notice of Motion introduced at a meeting shall: Bylaw No. 1930 Meeting Procedures Bylaw Page 22 of 32 a. Be placed on the agenda of the next regular Council meeting or the meeting date stated on the notice; and b. Be accompanied by an Administration report, where appropriate, responding to the proposed motion. (6) Consideration of Motion: At the meeting identified in the Notice of Motion, the Member may move the proposed motion, at which time Council may debate and decide the matter in accordance with this Bylaw. (7) Special Meetings: A Notice of Motion shall not be introduced or considered at a Special Council Meeting. 38. MOTION TO MOVE INTO CLOSED SESSION (1) A Member may make a Motion to move into closed session, which must: a. State the reason for closing the meeting without disclosing the confidential information to be discussed; and b. Identifies the specific section of the Access to Information Act authorizing the closure, including an exception to disclose under Division 2 of Part 1 (sections 19 to 34), or as otherwise permitted by regulation. 39. VOTING AND RECORDED VOTES (1) Votes are taken as follows: a. The Chair calls the question on the motion; b. The Chair calls for those in favour of the motion and asks for a show of hands; c. The Chair calls for those opposed to the motion and asks for a show of hands (2) After the Chair calls for a vote on a motion, no member may speak to the motion or move another motion until the results of the vote are declared. (3) Each Member present at a Meeting shall vote on every Motion unless the Member is required or permitted to abstain from voting on the matter in accordance with section 183 (1) of the Municipal Government Act. (4) A motion is carried when a majority of the Members present vote in favour of the motion. A motion is defeated when it does not receive the required number of votes in favour or if the vote results in a tie. a. Alternatively, a motion is carried when the specified number of members vote in favour of the motion as otherwise required by this bylaw, the Municipal Government Act, or other governing legislation. (5) Unless a vote is a recorded vote, the meeting minutes show the name of the member who moved the motion, who abstained or were absent from the vote, and whether the motion was carried, carried unanimously or defeated. Bylaw No. 1930 Meeting Procedures Bylaw Page 23 of 32 (6) Recorded Vote: a. Before the vote on a motion is taken, a member may request that the results of the vote be recorded pursuant to section 185 of the Municipal Government Act. b. Votes are taken as follows: i. The Chair calls the question on the motion; ii. The Chair calls for those in favour of the motion and asks for a show of hands; iii. The Chair calls for those opposed to the motion and asks for a show of hands c. When a vote is recorded, the meeting minutes show the names of the member who moved the motion, who voted in favour and in opposition to the motion, who abstained or were absent from the vote, and whether the motion was carried or defeated. 40. VOTING- PECUNIARY INTEREST AND CONFLICT OF INTEREST (1) A Councillor who has reasonable belief that they have a pecuniary interest in any matter before Council, or any committee of Council, shall, if present, declare and disclose the general nature of the pecuniary interest prior to any discussion on the matter, abstain from discussions or voting on any question relating to the matter, and shall remove themselves as a member of Council from the Council Chambers until the matter is concluded. (2) A Councillor who has a reasonable belief that they have a conflict of interest in any matter before Council, or any committee of Council may, if present, declare and disclose the general nature of the private interest prior to any discussion of the matter, abstain from discussions or voting on any question relating to the matter, and may remove themselves as a member of Council from Council Chambers until the matter is concluded. (3) The minutes shall indicate the declaration of disclosure under the applicable section of the Act and this section of the Bylaw, and if applicable, the time at which the Councillor left the room, and returned. PART SIX- PUBLIC HEARINGS 41. ADVERTISING OF PUBLIC HEARINGS (1) Public Hearings will be advertised in accordance with the Municipal Government Act and Kneehill County’s bylaws, policies and procedures. (2) Public Hearing advertisements must include: Bylaw No. 1930 Meeting Procedures Bylaw Page 24 of 32 a. A deadline for submitting written submissions to be included in the Agenda and provided to Council as part of the Public Hearing; and b. A deadline for registering to participate in the Public Hearing through electronic means; and c. A link to our website outlining the process for providing written submissions and for registering to participate in the Public Hearing through electronic means; 42. WRITTEN SUBMISSIONS (1) Written Submissions received in response to the Notice of Public Hearing shall become a public record and shall be made available to the public and will be included in the Public Hearing Agenda Package. (2) Written Submissions submitted after the advertised deadline will not be accepted. (3) Written Submissions that contain personal attacks or have a derogatory tone shall not be included in the Public Hearing Agenda Package. (4) Individuals who have submitted a letter may only address Council at the Public Hearing on new information not contained in the letter. 43. ATTENDING PUBLIC HEARING THROUGH ELECTRONIC MEANS (1) Anyone can listen to and watch the Public Hearing through Kneehill County’s Livestream without prior registration, however, if the public would like to participate through electronic means and be added to the presenter list they would complete the following: a. Register by calling the Kneehill County Administrative Office by 4:30 p.m. two business days prior to the scheduled Public Hearing date. b. Administration will then provide instructions for accessing the Public Hearing through the email address provided by the registrant within 24 hours of the meeting. (2) Kneehill County will not accept electronic registrations received after the advertised registration deadline to participate in the Public Hearing. (3) Individuals or groups who have registered to participate in the Public Hearing through electronic means will only be accepted into the meeting if: a. The participant name matches the name indicated on the presenter list; and b. The participant email address matches the email address indicated on the presenter list. (4) No unregistered participants will be permitted into the electronic meeting for a Public Hearing. Bylaw No. 1930 Meeting Procedures Bylaw Page 25 of 32 (5) The camera and microphone of participants through electronic means are to remain off and muted except when it is their turn to address Council. a. The Chair may order the immediate removal of any electronic participants that are continuously disruptive to the Public Hearing, present in an inappropriate manner on camera (i.e. inappropriate attire or background/setting), and/or uses inappropriate language. 44. ATTENDING PUBLIC HEARING IN PERSON (1) Individuals and groups interested in speaking at a Public Hearing in person shall register their name on the Speakers List prior to the Public Hearing and must indicate if they are either in support or in opposition of the proposed bylaw, resolution, or other matter subject to the Public Hearing. 45. COMMENCEMENT OF PUBLIC HEARINGS (1) Public Hearings shall be held during regular or special Council Meetings. (2) Council shall hold a public hearing when the Municipal Government Act or other enactment requires Council to hold a public hearing on a proposed Bylaw or, a Motion or, any other matter at the direction of Council. (3) Public Hearings shall be held prior to second reading of the proposed bylaw or before Council votes on a Motion. (4) Council shall by Motion set a time, date and location of a public hearing. (5) Public Hearings shall accommodate participation through electronic means in accordance with the Act and this Bylaw. Bylaw No. 1930 Meeting Procedures Bylaw Page 26 of 32 46. PUBLIC HEARING SCHEDULED THROUGH SPECIAL COUNCIL MEETING (1) If Administration anticipates that attendance for a Public Hearing will meet or exceed the seating capacity of Council Chambers, the hearing will be scheduled as part of a Special Council Meeting. (2) The seating capacity of Council Chambers is 43. (3) In accordance with Section 199 of the Municipal Government Act, all public hearings must now be conducted by electronic means. To comply with this requirement, all Public Hearing Scheduled Through Special Council Meeting must be held in Council Chambers or in a facility that can provide reliable and consistent internet connectivity. (4) Public Hearing advertisements will include a note encouraging individuals who wish only to view the hearing (and not speak) to watch the livestream. This is to ensure that space in Council Chambers is available for those who wish to participate and speak. (5) During the registration process, speakers will be assigned a number. If Council Chambers is at capacity, registrants will be asked to wait in the customer service area (until it also reaches capacity) or outside. Speakers will be brought in when it is their turn to speak. 47. PUBLIC HEARING PACKAGE (1) A Public Hearing package, will be prepared, containing more comprehensive information than the Council Agenda Package. The Public Hearing Package will: a. Be forwarded to Council before the public hearing in order for Council to have enough time to review all submissions before the hearing. b. Be made available on the County website for the public to download prior to the hearing. 48. PRESENTING IN PERSON AND THROUGH ELECTRONIC MEANS AT THE PUBLIC HEARING (1) Persons who have already submitted a written submission may only address Council at the Public Hearing on new information not contained in the letter. (2) Persons addressing Council regarding the proposed Bylaw or Motion shall: a. state their name and legal or municipal address, a person who does not identify him/herself will not be given the opportunity to speak; b. indicate whether they have already submitted a written statement and confirm that the information they intend to present is new.; c. indicate as to whether they are speaking on their own behalf or for another person or for a group; d. indicate as to whether they are speaking in support of or in opposition to Bylaw No. 1930 Meeting Procedures Bylaw Page 27 of 32 the proposed Bylaw or Motion; e. state how they are affected by the proposed Bylaw or Motion; and must f. address the Chair when responding to questions or providing information. (3) A person may authorize another individual to speak on their behalf if : a. such authorization is in writing and proof of such can be provided to Kneehill County prior to the start of the Public Hearing. (4) An individual or group may speak only once at the public hearing. (5) Presentations by the applicant and the public may be made verbally, in writing or visually. (6) Any person who would like to present using an electronic presentation will bring their USB flash drive to the presenter desk, where a staff member will open the file at the presenter laptop. (7) Presentations may include electronic components such as photos, videos, maps, PowerPoint presentation, written presentations, and furthermore, all presentation materials form part of the public record and will be collected by Administration and provided to the public in the post-meeting agenda package and upon request. 49. PUBLIC HEARING PROCESS (1) The Chair shall call for a Motion to go into the Public Hearing and note the time the Public Hearing is opened. (2) The Chair will announce the following: a. That the public hearing procedure is included in the Public Hearing Package and a paper copy is available at the Recording Secretary’s Desk. b. That whoever wants to speak as a group or an individual to register their name on the speakers list. c. That the use of audio and video recording devices and cameras by the press or public are prohibited. d. That the Public Hearing is being recorded and live streamed and will be available to view by the public. (3) The Chair will then follow the Public Hearing process in the following order: a. Administration will present information about the proposed bylaw(s). Council members are permitted to ask questions for clarification at this time. b. The applicant will be provided the opportunity to speak following administration’s report within a time period of 20 minutes. Questions of Bylaw No. 1930 Meeting Procedures Bylaw Page 28 of 32 clarification from Councillors to the applicant are permitted after the report is provided. c. Following that, individuals or groups wishing to speak to the bylaw will be called forward in the order they appear on the Speakers List. The Speakers List includes the names from both in-person registrations and those who registered to attend by electronic means before the deadline. Speakers will provide their name and address and whether they have previously submitted a written response (i.e., letter/email). If a written submission has been provided and is included with the report to Council, the Chairperson will request presenters to please keep the oral presentation to new information. d. Each presenter may speak only once at the public hearing and each presentation will be limited to a maximum of 5 minutes. There is an indicator that shows a green light that changes to Yellow when 30 seconds are left, then the light changes to Red when time is up. If the Red light comes on, the presenter will be requested to wrap up the presentation. Group presentations are allowed a maximum of 10 minutes. e. When it appears that there are no more presenters, the Chairman will confirm that there are no other persons wishing to speak to the bylaw. f. Following the public presentations, the Chair will ask the applicant if they wish to offer a rebuttal. They have a maximum of 10 minutes for their rebuttal. g. Members of Council may request members of administration and/or the applicant to address any matters raised during the public hearing. h. Once the process is complete, the Chairperson will declare the public hearing closed and will call for a motion to close the Public Hearing and note the time the Public Hearing is closed. i. Once the Public Hearing is adjourned, the Chair shall advise that no further information on the matter shall be received by Council. (4) If a Public Hearing is postponed or recessed, Council shall not receive any additional submissions in relation to the subject matter until it reconvenes the Public Hearing. (5) Public Hearings must be closed before Council votes on the Bylaw. (6) After the Public Hearing is closed, Council may debate the proposed Bylaw or Motion and may do one of the following: a. amend the Bylaw or Motion; b. pass the Bylaw or Motion; or c. defeat the Bylaw or Motion. Bylaw No. 1930 Meeting Procedures Bylaw Page 29 of 32 (7) Members who are absent for the whole Public Hearing must abstain from voting on the matter. (8) Members who are absent for a part of the Public Hearing may abstain from voting on the matter. 50. RECORD OF NAMES AT A PUBLIC HEARING (1) The Meeting Minutes shall record the names of all persons who: a. Made a verbal submission to Council, and b. Provided written submissions in response to the Notice of Public Hearing PART SEVEN- BYLAWS 51. BASIC REQUIREMENTS (1) All proposed bylaws shall: a. have a Bylaw number assigned by the CAO or designate; b. have a concise title indicating the purpose of the Bylaw; c. be presented in its entirety to all Councillors present at the Meeting prior to any Motion for first reading; d. have three (3) separate distinct readings; e. be presented in its entirety including any amendments, passed after first reading to all Councillors present at the Meeting prior to any Motion for third reading; and f. not be given more than two (2) readings at one (1) meeting, unless the Councillors present at the Meeting unanimously agree to a Motion authorizing third reading. 52. INTRODUCING A BYLAW (1) Council shall hear an introduction to the proposed bylaw or Motion from Administration prior to first reading. (2) After first reading has been given, any Member may move the bylaw be read a second time. (3) When a bylaw is subject to a Public Hearing, the Public Hearing shall be held prior to second reading. 53. AMENDMENTS TO BYLAWS (1) Any amendments to the bylaw that are carried prior to the vote on third reading shall be considered to have been given first and second reading and shall be incorporated in the proposed bylaw. (2) Once a bylaw has been passed, it may only be amended or repealed by another Bylaw No. 1930 Meeting Procedures Bylaw Page 30 of 32 bylaw made in the same way as the original bylaw, unless another method is specifically authorized by this Bylaw or another enactment. 54. DEFEATED BYLAWS (1) If a bylaw is defeated on third reading the previous reading s shall be rescinded. (2) A bylaw shall be rescinded if the bylaw does not receive third reading within two years from the date of the first reading. 55. EFFECTIVE DATE (1) A bylaw is effective from the date of third reading unless the bylaw, or any applicable statute provides for another effective date. 56. BYLAWS SIGNED AND SEALED (1) The Chief Elected Official and the CAO or designate shall sign and seal the bylaw as soon as reasonably possible after third reading. PART EIGHT- CONDUCT IN MEETINGS 57. PUBLIC CONDUCT (1) The members of the public during a Meeting shall: a. not approach or speak to Council or Committee without permission of the Chair; b. maintain order and quiet; and c. not interrupt a speech or action of Council, Committee or another person addressing the Members. (2) The Chair may order a member of the public who creates a disturbance or acts improperly to be expelled from the Meeting. 58. MEMBER CONDUCT (1) During a Meeting, Members shall not: a. speak disrespectfully, use offensive words, or un-parliamentary language; b. address Members without permission; c. break the rules of Council or Committee or disturb the proceedings; d. leave their seat or make any noise or disturbance while a vote is being taken or the result declared; or e. disobey the decision of the Chair on any question or order, practice or interruption. 59. CHALLENGE TO THE RULING OF THE CHAIR (1) Any member may challenge the decision of the Chair on a Point of Order or Privilege and if the decision of the Chair is challenged, the Chair shall briefly state Bylaw No. 1930 Meeting Procedures Bylaw Page 31 of 32 the reason for the Chair’s decision and then put the question to Council or Committee “Is the ruling of the Chair upheld?” (2) Council or Committee shall decide the challenge without debate by voting and the decision of Council or Committee is final. PART NINE- TRANSITION 60. SEVERABILITY (1) If a portion of the Bylaw is found by a court of competent jurisdiction to be invalid, the invalid portion will be voided, and the rest of the Bylaw remains valid and effective. 61. EFFECTIVE DATE (1) This Bylaw comes into effect upon third reading of this Bylaw. 62. BYLAW REPEAL (1) Bylaw No. 1919 is hereby repealed.