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RUl,6s OF ORDER
<br />OF COUNCIL
<br />OF TII&RPORATION
<br />OF THE �LJNTY OF ESSEX
<br />By -Law Number 2009
<br />A BY TO NG THE ORDER AND ND PROCEEDINGS OF
<br />THE THE COUNTY OF THE C C O ONDUCT F OF ITS MEMBERS, AND
<br />CALLING OF MEETINGS.
<br />WHEREAS it is necessary and expedient that
<br />there should be rules governing the Order and Proced-
<br />ure of the Council and its committees;
<br />THEREFORE be it enacted by the Municipal
<br />Council of the Corporation of the County of Essex
<br />and it is hereby enacted as follows:
<br />MEETINGS OF COUNCIL
<br />1. The inaugural meeting of the new Council in
<br />each year shall be held on the 2nd Tuesday of January
<br />at the hour of 8:00 p.m. o'clock.
<br />2. After its inaugural meeting the Council shall
<br />meet at the can of the Warden. All meetings of the
<br />Coun a Count
<br />major ty of themeembers of the
<br />County Council.
<br />3. The Council shall always meet at the hour of
<br />seven (7 p.m.) o'clock on the first Wednesday of each
<br />month, and shall adjourn at eleven (11 p.m.) o'clock,
<br />unless otherwise determined by a vote of two - thirds of
<br />the members present, with the exception of the
<br />inaugural meeting of the County Council that shall be
<br />held as per Clause A.
<br />4. The Warden, or the Presiding Officer So
<br />appointed in his absence, shall preside at all meetings,
<br />and may at any time summon a special meeting of the
<br />Council, and it shall be his duty to summon a special
<br />meeting whenever requested in writing to do so by a
<br />majority of the members of Council.
<br />5. In the absence of the Warden or the Presid-
<br />ing Officer, so appointed, or if his office is vacant, a
<br />special meeting may be summoned by the Clerk upon
<br />a requisition, in writing, signed by a majority of the
<br />members of the Council, being received in his office
<br />stating the date, time and place of the requested
<br />meeting.
<br />OPENING PROCEEDINGS
<br />6. As soon after the hour of meeting as there
<br />shall be a quorum present, the Warden shall take the
<br />chair and call the members to order.
<br />7. In case the Warden does not attend within
<br />thirty minutes after the time appointed, the clerk shall
<br />call the members to order, and if a quorum be present,
<br />a Presiding Officer shall be chosen, who shall preside
<br />during the meeting or until the arrival of the Warden.
<br />8. A quorum must in all cases be a majority of
<br />all the members of the council, including the Warden
<br />or Presiding Officer.
<br />9. If there be no quorum present within half an
<br />hour after the time appointed for the meeting, the
<br />clerk shall take down the names of the members then
<br />present, and the council shall stand adjourned until
<br />the next day of meeting, subject to the provisions of
<br />sections four and five of this by -law.
<br />10. Immediately after the Warden or the Presid-
<br />ing Officer shall have taken his seat, the minutes of the
<br />preceding meeting shall be submitted to the council in
<br />order that any mistakes therein may be corrected by
<br />the council , and when adopted such minutes shall be
<br />signed by the Warden or Presiding Officer.
<br />UKULK UP FKULLOUKL
<br />11. The following shall be the general order of
<br />procedure at each regular meeting:
<br />(1) Roll Call
<br />(2) Minutes
<br />(3) Communications
<br />(4) Petitions and deputations
<br />(5) Reports of Special Committees
<br />(6) Reports of Municipal Officers
<br />(7) Reports of Committees
<br />(8) Unfinished Business
<br />(9) New Business
<br />(10) By -laws
<br />(11) Notices of Motion
<br />(12) Adjournment
<br />DUTIES OF PRESIDING OFFICER
<br />12. The Warden shall preserve order and
<br />decorum and decide questions of order, subject to an
<br />appeal of the Council, and in the absence of the
<br />Warden, the Presiding Officer shall have the same
<br />authority while presiding at the meeting as the Warden
<br />would have had if present.
<br />13. When the Warden or Presiding Officer is
<br />called upon to decide a point of order or practice, the
<br />point shall be stated without unneccessary comment,
<br />and he shall cite the rule or authority applicable to the
<br />case.
<br />14. The Warden or Presiding Officer (except
<br />where he is disqualified to vote by reason of interest
<br />or otherwise) may vote, and on division shall vote,
<br />with the other members on all questions; and any
<br />question on which there is an equality of votes shall be
<br />deemed to be negatived.
<br />15. If the Warden or Presiding Officer desires to
<br />leave the chair for the purpose of taking part in the
<br />debate or otherwise, he shall call on another member
<br />of the council to fill his place until he resumes the
<br />chair.
<br />RULES OF CONDUCT OF DEBATE
<br />'—S Every member wanting to speak to any
<br />.
<br />qL ) or motion, shall address himself to the
<br />W or Presiding Officer, and be recognized before
<br />speakng.
<br />17. When two or more members address the
<br />Warden or Presiding Officer at the same time, the
<br />Warden or Presiding Officer shall name the member
<br />who, in his opinion first asked to be recognized, but a
<br />motion may be made that any member who has asked
<br />to speak "be now heard" or "do now speak ".
<br />18. Every member who shall be present in the
<br />Council Chambers when a question is put shall vote
<br />thereon, unless the Council shall excuse him, or unless
<br />he be personally interested in the question, provided
<br />such interest is resolvable into a personal pecuniary
<br />profit, or in peculiar to that member, and not in
<br />common with the interests of the citizens at large, and
<br />in such cases he shall not vote.
<br />19. When the Warden is putting the question, no
<br />member shall walk across or out of the room, or make
<br />any noise or disturbance, nor when a member is
<br />speaking shall any member pass between him and the
<br />chair, or interrupt him, except to raise a point of
<br />order.
<br />20. A member called to order from the chair
<br />shall immediately stop speaking, but may afterwards
<br />explain, and the council, of appealed to shall decide
<br />the case, but without debate; if there be no appeal, the
<br />decision of the Warden shall be final.
<br />21. No member shall speak disrespectfully of the
<br />reigning Sovereign or of any member of the Royal
<br />Family, or of the Governor - General, Licutenant Gov-
<br />ernor, or person administering the government of the
<br />Dominion or of this Province, nor shall he use
<br />offensive words in or against the council or against any
<br />member thereof, nor shall he speak beside the
<br />question in debate, and no member shall reflect upon
<br />any vote of the council except for the purpose of
<br />moving that such vote be rescinded, nor shall he resist
<br />the rules of the council, or disobey the decision of the
<br />Warden or Presiding Officer or of the council on
<br />questions of order or practice or upon the interpreta-
<br />tion of the rules of the council, and in case any
<br />member shall so resist or disobey, he may be ordered
<br />by the council to leave his seat for that meeting, and
<br />in case of his refusing to do so, he may, on the order
<br />of the Warden or Presiding Officer, be removed
<br />therefrom by the police, but in case of ample apology
<br />being made by the offender, he may by vote of the
<br />council be permitted forthwith to take his seat.
<br />22. Any member may requite the question or
<br />motion under discussion to be read at any time during
<br />the debate, but not so as to interrupt a member while
<br />speaking;
<br />23. No member shall speak more than once to
<br />the same question, without leave of the council,
<br />except in explanation of a material part of his speech
<br />which may have been misconceived, and in doing so he
<br />is not to introduce new matter. A reply is allowed to a
<br />member who has made a substantive motion to the
<br />council, but not to any member who has moved an
<br />order of the day, an amendment, the previous ques-
<br />tion, or an instruction to a committee. No member,
<br />without leave of the council shall speak to the same
<br />question, or in reply, for longer than a quarter of an
<br />hour.
<br />24. The members of the council shall not leave
<br />their places, on adjournment, until the Warden or
<br />Presiding Officer leaves the chair.
<br />MOTIONS IN GENERAL
<br />25. All motions shall be in writing and seconded
<br />before being debated or put from the chart. When a
<br />motion is Seconded, it shall be read by the clerk before
<br />debate.
<br />26. After a motion is read by the clerk it shall be
<br />deemed to be in possession of the council, but may,
<br />with permission of the mover and seconder and /or the
<br />council, be withdrawn at any time before decision or
<br />amendment.
<br />27. A motion for a reference to a committee,
<br />until decided, shall preclude all amendment of the
<br />main question.
<br />28. A motion to adjourn the council or to
<br />adjourn the debate shall always be in order, but no
<br />second motion to the same effect shall be made until
<br />after some intermediate proceeding shall have been
<br />had.
<br />29. When a question is under consideration, no
<br />motion shall be received, unless:
<br />(1) To refer to a committee
<br />(2) To amend
<br />(3) To lay on the table
<br />(4) To postpone indefinitely
<br />(5) To postpone to a certain time
<br />(6) To adjourn
<br />(7) To move the previous question
<br />These several motions shall have precedence in
<br />the order in which they are named, and the last five
<br />shall be neither amendable nor debatable. -
<br />A motion to adjourn shall always be in order, but
<br />it must be simply in the form: "That the council do
<br />now adjourn ", or "That the debate be adjourned ",
<br />and a motion to adjourn the council or the debate to a
<br />certain day or adding any expression of opinion or
<br />qualification hereto, shall not come within the terms
<br />of this rule.
<br />Notwithstanding that a motion to lay on the
<br />table is not debatable under this rule, a motion "to lay
<br />on the table" and adding thereto some condition,
<br />opinion, or qualification, shall be subject to amend-
<br />ment and debate.
<br />30. The previous question, until it is decided,
<br />shall preclude all amendment and debate of the main
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