Advisory Committees
BLUEWATER ADVISORY COMMITTEES
The Municipality has several advisory committees and has a general policy to establish the framework those committees are to work in.
POLICY STATEMENT: It is the policy of the Municipality to govern the procedure of Council Committees relating to administration and reporting through the system to Council.
PURPOSE: The purpose of this Statement of Policy and Procedure is to set out the process for Council Committees to follow with respect to administration, reporting and making recommendations to Council.
APPLICATION - This policy applies to all Committees of Council.
DEFINITIONS
Citizens’ Advisory Committee - a Committee that provides advice/recommendations to Council on areas within its mandate. All Committee recommendations would result in a decision being made; independent actions to be taken by the Committee or its Members or which would require staff support, are required to be endorsed by Council. All members of Advisory Committees are appointed by Council, with the exception of representative appointments from other groups or agencies.
Council Sub-Committee - a Committee consisting of Council Members only, with a defined scope. Council may delegate authority for decision-making on a specific project/issue.
Statutory Committee - a Committee required by Provincial legislation which addresses matters or performs functions as specified in the relevant legislation.
Task Force - an ad hoc group whose mandate is short term in nature and is established to consider a particular problem or issue. Its life span is predetermined and its mandate is more defined and specific.
Working Group - a sub-group of an existing Committee. A working group may be created to assist in the research or review of a given item and it reports its findings back to the Committee. A working group is normally comprised of Committee members, however, when required, volunteers may be called upon for their expertise to assist a working group by providing required information. Working groups shall operate by consensus and formal motions shall not be required. Administrative support shall not be available to working groups and consequently, the preparation of agendas, minutes and meeting requirements shall be the responsibility of the working group, if required. Support staff shall not be required to attend working group meetings.
Standing Committee - a Standing Committee of Council.
Chair - Head of a Committee who shall preside at all Committee meetings.
Vice-Chair - Committee Member who assumes duties of Chair if Chair is absent.
Committee Recommendation - a motion passed by Committee during a meeting, which shall require approval by Council when a decision is to be made, independent actions are proposed to be taken or where staff resources are committed.
Council – Municipal Council.
Delegation - persons or group of persons entitled to address a Committee on their own behalf or on behalf of an individual/group, on a matter of business appearing on the agenda.
Enabling Legislation - municipal or provincial law that governs the formation of a Committee. Purpose of Committee is defined by legislation and/or Council resolution authorizing creation of Committee.
Information Item - an item included on an agenda or raised at a meeting for purpose of informing Committee Members of the matter only. Where Committee wishes to take action, the item shall be listed as an item of business on the next regular agenda for discussion.
Mandate - the statement describing the Committee’s purpose or authority to address matters. The mandate shall align with Council’s strategic goals and objectives.
Meeting - any regular or special meeting of a Committee, duly called.
Member - a Committee member appointed in accordance with the Terms of Reference.
Motion - a proposal by a Member to resolve and effect a Committee decision.
Procedure By-law - the Municipality’s Procedure By-law.
Quorum - the number of Members required to be present at any meeting in order that business may be conducted, being a majority of the Members of the Committee.
Resolution - a decision of Council on any motion or Committee recommendation.
Special Meeting - a meeting called Committee Chair in conjunction with staff representative/Clerk to deal with a matter with specific time constraints and cannot wait until a regularly scheduled meeting.
Terms of Reference - a general overview of the Committee to include the authorization for the establishment of Committee, its mandate, membership, meeting and reporting requirements.
Description
The rules and regulations contained herein shall be observed in proceedings of Committees where no other rules of procedure have been legislated, and shall be for the order and dispatch of business. Procedural matters for Committees not governed by this Document shall be governed by Council’s Procedure By-law. Committees shall not pass a motion to suspend the rules pertaining to this document. The Chair shall be responsible to interpret and administer the rules of procedure for Committees. In all proceedings of Committees, the Committee shall have regard for its approved mandated Terms of Reference.
The composition and numbers of Members of any Committee shall be at Council’s discretion and set out in the Terms of Reference. All employees and volunteers shall respect the policies of the Municipality of Bluewater. Committee Members are deemed not to have a pecuniary conflict of interest in that they have no decision-making ability. However, Members should be cognizant of any perceived conflicts in terms of issues which may serve to benefit them personally. Members shall not use their status on Committees for personal or political gain.
Rules/Responsibilities of Chair and/or Vice Chair
Committee Chair and Vice-Chair shall be selected in accordance with the Committee’s Terms of Reference. Vice-Chair acts in the Chair’s absence and assumes the roles/responsibilities of the Chair.
The Chair shall commence the meeting by calling the meeting to order, and provide guidance and leadership to the Committee in the completion of its mandate. The Chair shall ensure that a quorum is established and is maintained throughout the course of the meeting. The Chair shall direct discussion in such a manner that all questions and comments shall be presented through the Chair. The Chair shall receive all motions presented/moved by a Member for consideration of the Committee. The Chair shall put to vote all motions that are moved/seconded and announce the result of each vote.
The Chair shall preside over the conduct of the meeting, including the preservation of good order and decorum, ruling on points of privilege, points of order, and deciding all questions relating to the orderly procedure of the meeting.
The Chair shall not take part in any debate while presiding at the meeting. If the Chair desires to leave the Chair for the purpose of taking part in the debate, he/she shall call upon the Vice-Chair or another Member to fill his/her place until he/she resumes the Chair. When two or more Members wish to speak, the Chair shall name the Member who is to speak first. The Chair shall inquire if Members have any further questions of staff. If there are no further questions the Chair shall call for a motion from a Committee Member. Once a motion has been received by the Chair it is deemed to be on the floor for debate. Members shall speak to the motion through the Chair. When no further Members wish to speak the Chair shall call for the vote on the motion.
The Chair, with consensus of the Committee Members, may expel or exclude from any meeting a person who disturbs the meeting or is verbally abusive to Members of the Committee or staff. A motion relating to a matter not within the jurisdiction of the Committee shall not be in order. All motions shall be voted upon by the Committee and where approved by a majority of its members, shall be submitted to Council (through the appropriate General Manager) for approval, as required.
Recommendations/Action Items to Council
Throughout the Committee term, it will be necessary to take action items/recommendations to Council for consideration/approval. All recommendations/action items to be considered by Council are to be submitted by the Chair/Committee Secretary to the respective General Manager within five working days of the meeting. All recommendations/action items must be made by motion of the Committee prior to moving to the Council consideration stage. The General Manager will then follow up on the recommendation/action item with a staff report to Council and notify the Committee Chair when the matter will be listed on the Council Agenda. At the Council meeting, the report will be introduced by the respective General Manager, with reference to the Committee Chair in the audience for availability to address questions from Council. The General Manager will maintain an annual list of recommendations/action items from the Committees and a status on those matters.
Remuneration
Unless otherwise provided by municipal by-law, Citizens sit on Committees do so in a volunteer capacity and there is no remuneration provided associated with Committee membership.
Notice of Meetings
The recording secretary shall give notice of the meetings to Committee members, management liaison, and any relevant material to be brought before the Committee shall accompany the notice/Agenda. The notice/agenda shall be posted on the Municipal website and will be sent electronically or by mail/delivery to the residence or place of business for each Member so as to be received not later than 48 hours before the hour appointed for the meeting.
The Chair, in conjunction with the staff representative and the recording secretary, may call a special meeting at any time so long as a reasonable attempt is made to notify all Members. All Committee meetings shall be recorded electronically, where possible, and shall generally be held at a location as set out by the approved terms of reference which best permits room set up/capacity and equipment.
Agenda/Minutes of Meeting
The Recording Secretary shall draft an agenda in accordance with the Procedure By-Law.
For special meetings, the agenda shall be prepared as provided by the Procedure By-law as far as applicable, however only items of business shall be that for which the meeting was called. The business of each meeting shall be taken up in the order in which it stands, unless otherwise decided by consensus of the Committee. Any discussion item appearing on the agenda and not disposed of by a motion of the Committee shall be noted and appear in subsequent agendas until disposed of by a motion or removed from the agenda by a motion of the Committee.
All items to be placed on the agenda shall be submitted to the Staff representative and/or Recording Secretary at least two weeks prior to the date of the meeting. Any matters not listed or provided to the Members with their agenda material, not directly related to a matter on the agenda, shall not be considered during the meeting but shall be listed on a future meeting agenda for consideration. Delegations may address a Committee on any item appearing on the agenda. Delegations shall provide the recording secretary with their name, address and telephone number for the record. Committees shall report on matters connected with their duties or referred to them by Council and shall recommend such action for Council consideration, as authorized within mandate.
Commencement of Meetings/Quorum
A quorum of a Committee shall consist of a majority of the voting membership. As soon after the hour fixed for the meeting as a quorum is present, the meeting shall be called t o order. If there is not quorum present within one-half hour after the time appointed for the meeting, the meeting shall stand adjourned until the date and time of the next regular meeting, and the recording secretary shall record the names of the members present. The Committee may decide to continue with a non-quorum meeting and the minutes shall include a notation that a quorum was not present. At a non-quorum meeting recommendations (motions) may not be brought forward for consideration, except for a motion to adjourn. If there is no quorum present, the Committee may receive submissions from delegations if at least two Members are present and the fact is so noted in the minutes. In the event that the Chair and Vice-Chair do not attend a meeting within fifteen (15) minutes after the time appointed, the recording secretary or staff representative shall call the Members to order and an Acting Chair shall be chosen who will preside during the meeting or until the arrival of the Chair or Vice-Chair.
All meetings shall be open to the public and notice posted on the municipal website. A meeting or part of a meeting shall be closed to the public, if the subject matter being considered meets the requirements of the Procedure By-law permitting a closed session.
Working Groups shall not require a quorum but any minutes should document the Members present and any minutes/action items should be included in the next Committee agenda.
Where a member has resigned from a Committee, quorum may be adjusted temporarily to reflect the decrease in voting Membership, and shall return to regular quorum requirements upon the filling of the vacancy by Council. The Mayor shall be a Member, ex-officio, of all Committees but shall not be considered as a Member for the purpose of determining quorum for each Committee.
Rules of Conduct and Debate
No member shall speak more than once on an item of business until every Member who wishes to speak has spoken. Any Member wishing to speak on an item of business a second time may do so for a further five (5) minutes. Any Member may require the motion under discussion to be read at any time during the debate, but not so as to interrupt another Member while speaking. A Member shall only be permitted to speak to the motion under consideration, during debate. A Member shall not leave the meeting at any time without first advising the Chair or recording secretary.
A Member shall not:
· disturb other Members by being disruptive or distracting conduct, including private conversations among Members at a meeting;
· use profane or offensive words or insulting expressions;
· disobey the rules of procedure;
· leave his/her seat, make any noise or disturbance while a vote is being taken;
· speak until he/she has been recognized by the Chair; or
· interrupt a Member who is speaking, except to raise a point of order/privilege.
In the event that a Member persists in a breach of subsection above, after having been called to order by the Chair, the Chair shall without debate call the question “Shall the Member be ordered to leave his/her seat for the duration of the meeting?”, and this question shall not be debatable.
If Committee decides question set out in subsection above in the affirmative by a majority vote of the members present, the Chair shall order the Member to leave his/her seat for duration of the meeting. If the Member apologizes, the Chair, with the approval of the other Members, may permit the Member to resume his/her seat. If a Member does not leave his/her seat after being ordered to do so by the Chair, and the Member does not apologize, then the Chair shall direct the Management liaison or recording secretary to seek the appropriate assistance from the Ontario Provincial Police.
Point of Privilege
A Member may raise at any time a point of privilege directing attention to a matter that affects the rights of the Member or Members. The Chair shall rule on all points of privilege and the ruling of the Chair shall be final unless a Member appeals the ruling to the Committee. The Committee shall then vote on whether to uphold the ruling of the Chair without debate.
Where a point of privilege has been upheld, the Member raising the point of privilege shall be afforded an opportunity to propose a motion.
Point of Order
A Member may at any time raise a point of order to a perceived violation of the rules of procedure. He/she shall state the point of order succinctly, and the Chair shall then decide upon the point of order and advise the Members of his/her decision. Unless a Member immediately challenges the Chair’s decision, the decision of the Chair shall be final. If the Chair’s decision is challenged, the Committee shall decide the question and shall be final.
Motions and Order of Putting Motions
Every motion shall be moved and seconded before being debated or put to a vote. Where Members of the public are to be heard on a matter, no motion shall be received by the Chair until all individuals have been heard, and the matter confined to the table.
Every motion shall be deemed to be in the possession of the Committee for debated after it is presented and accepted by the Chair, but may with the permission of the Committee, be withdrawn at any time by the mover/seconder before amendment or decision.
When a motion is under debate, no motion shall be received, except a motion to:
a. amend;
b. postpone (defer/table);
c. refer;
d. proceed beyond the hour of 11:00 p.m.;
e. adjourn.
Agenda items shall be dealt with by motion. A motion relating to a matter not within the jurisdiction of the Committee shall not be in order. All motions shall be voted upon by the Committee and where approved by a majority of its members, shall be submitted to Council for approval, as required.
Voting
Chair shall call vote immediately after Members desiring to speak to the motion have spoken. No further speakers shall be permitted after the Chair has called the vote. Only one motion to amend the main motion and an additional amendment to the amending motion shall be considered at one time.
All Members present shall be required to vote and if he/she refuses to do so, he/she shall be deemed as voting in the negative. All matters before a Committee shall be determined by a majority vote of the Members present. Any motion on which there is a tie vote shall be deemed defeated. The Chair may vote only after all other Members have voted, and only if he/she wishes to do so. Only motions supported by a majority of the vote of the Members shall be recorded in the minutes. Members of the staff shall not vote on any motions, unless appointed a voting member of the Committee.
Reconsideration
Motions to reconsider shall only be considered at same meeting the original motion was decided. Committee shall not discuss or recommend reconsideration of a previous determination of Council.
Adjournment
A motion to adjourn the meeting shall be in order except when a member is speaking or during the taking of a vote. All meetings shall adjourn by 11:00 p.m. unless otherwise determined by a majority of the Members present. No meeting shall proceed beyond the hour of 11:30 p.m.. Council appoints members to the Committee and sets the terms of reference and mandate. All Committees report to Council and provide advice on programs, services, legislative requirements etc.
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