This Bylaw may be cited as the “City of Revelstoke Council Procedure Bylaw No. 1739

2. Definitions

In this Bylaw:

“City” means the City of Revelstoke;

“City Hall” means Revelstoke City Hall located at 216 Mackenzie Avenue, Revelstoke, British Columbia;

“Commission” means a municipal commission established under s.143 of the Community Charter;

“Committee” means a standing, select, or other committee of Council, but does not include COTW;

“COTW” means the Committee of the Whole Council;

“Corporate Officer” means the Director of Corporate Administration for the City;

“Council” means the Council of the City of Revelstoke;

“Mayor” means the Mayor of the City;

“Public Notice Posting Place” means the notice board at City Hall.

3. Application of rules of procedure

(1) The provisions of this Bylaw govern the proceedings of Council, COTW, Commissions and all standing and select committees of Council, as applicable.

(2) In cases not provided for under this Bylaw, the rules contained in the current edition of Robert’s Rules of Order, newly revised apply to the proceedings of Council, COTW, and Council committees to the extent that those Rules are:

(a) applicable in the circumstances; and
(b) not inconsistent with provisions of this Bylaw or the Community Charter.

PART 2 – COUNCIL MEETINGS

4. Inaugural Meeting

(1) Following a general local election, the first Council meeting must be held on the first Monday in December in the year of the election.

(1) If a quorum of council members elected at the general local election has not taken office by the date of the meeting referred to in subsection (1), the first Council meeting must be called by the Corporate Officer and held as soon as reasonably possible after a quorum has taken office.

5. Time and location of meetings

(1) All Council meetings must take place within City Hall except when Council resolves to hold meetings elsewhere.

(2) Regular Council meetings must:

(a) be held on the second and fourth Monday of each month; and
(b) begin at 3:30 p.m.
(c) when such meeting falls on a statutory holiday, be held on the next day City Hall is open following which is not a statutory holiday.

(4) Regular Council meetings may:

(a) be cancelled by Council, provided that two consecutive meetings are not cancelled; and
(b) be postponed to a different day, time and place by the Mayor, provided the Corporate Officer is given at least 2 days written notice.

6. Notice of Council Meetings

(1) In accordance with section 127 of the Community Charter, Council must prepare annually on or before December 31, a schedule of the dates, times and places of regular Council meetings and must make the schedule available to the public by posting it at the Public Notice Posting Places.

(2) In accordance with section 127 of the Community Charter, Council must give notice annually on or before December 31 of the time and duration that the schedule of regular Council meetings will be available beginning on January 2nd in accordance with section 94 of the Community Charter.

(3) Where revisions are necessary to the annual schedule of regular Council meetings, the Corporate Officer must, as soon as possible, post a notice at the Public Notice Posting Place which indicates any revisions to the date, time and place or cancellation of a regular Council meeting.

7. Notice of special meetings

(1) Except where notice of a special meeting is waived by unanimous vote of all council members under section 127(4) of the Community Charter, a notice of the day, hour, and place of a special Council meeting must be given at least 24 hours before the time of meeting, by:

(a) posting a copy of the notice in the Council Chambers at City Hall;
(b) posting a copy of the notice at the Public Notice Posting Place; and
(c) leaving one copy of the notice for each Council member in the Council member’s mailbox at City Hall.

(2) The notice under subsection (1) must describe in general terms the purpose of the meeting and be signed by the Mayor or the Corporate Officer

PART 3 – DESIGNATION OF MEMBER TO ACT IN PLACE OF MAYOR

8. Designation of Member to Act in Place of Mayor

(1) Annually in December, Council must from amongst its members designate Councillors to serve on a rotating basis as the member responsible for acting in the place of the Mayor when the Mayor is absent or otherwise unable to act or when the office of the Mayor is vacant.

(2) Each Councillor designated under Section 8(1) must fulfill the responsibilities of the Mayor in his or her absence.

(3) If both the Mayor and the member designated under section 8(1) are absent from the Council meeting, the Council members present must choose a Councillor to preside at the Council meeting.

(4) The member designated under section 8(1) or chosen under section 8(3) has the same powers and duties as the Mayor in relation to the applicable matter.

PART 4 – COUNCIL PROCEEDINGS

9. Community Charter Provisions

Matters pertaining to Council proceedings are governed by the Community Charter including those provisions found in Division 3 of Part 4 and Division 2 of Part 5.

10. Attendance of Public at Meetings

(1) Except where the provisions of section 90 of the Community Charter apply, all Council meetings must be open to the public.

(2) Before closing a Council meeting or part of a Council meeting to the public, Council must pass a resolution in a public meeting in accordance with section 92 of the Community Charter.

(3) This section applies to all meetings of the bodies referred to in section 93 of the Community Charter, including without limitation:

(a) COTW;
(b) standing and select committees;
(c) parcel tax review panel;
(d) board of variance;
(e) advisory bodies such as advisory planning commission;
(f) Commissions such as parks and recreation commission;

(4) Despite subsection 10(1), the Mayor or the Councillor designated as the member responsible for acting in the place of the Mayor under section 8 may expel or exclude from a Council meeting a person who is acting improperly in accordance with section 133 of the Community Charter.

11. Minutes of meetings to be maintained and available to public

(1) Minutes of the proceedings of Council must be:

(a) legibly recorded;
(b) certified by signature of the Mayor or presiding member of the meeting and the Corporate Officer or delegate

(2) Subject to subsection 11(3), and in accordance with section 97(1)(b) of the Community Charter minutes of the proceedings of Council must be open for public inspection at City Hall during its regular office hours.

(3) Subsection 11(2) does not apply to minutes of a Council meeting or that part of a Council meeting from which persons were excluded under section 90 of the Community Charter.

12. Calling meeting to order

(1) As soon after the time specified for a Council meeting as there is a quorum present, the Mayor, if present, must take the Chair and call the Council meeting to order, however, where the Mayor is absent, the Councillor designated as the member responsible for acting in the place of the Mayor in accordance with section 8 must take the Chair and call such meeting to order.

(2) If a quorum of Council is present but the Mayor or the Councillor designated as the member responsible for acting in the place of the Mayor under section 8 do not attend within 15 minutes of the scheduled time for a Council meeting:

(a) the Corporate Officer must call to order the members present; and
(b) the members present must choose a member to preside at the meeting.

13. Adjourning meeting where no quorum

If there is no quorum of Council present within 30 minutes of the scheduled time for a Council meeting, the Corporate Officer must:

(a) record the names of the members present, and those absent; and
(b) adjourn the meeting until the next scheduled meeting.

14. Agenda

(1) Prior to each Council meeting, the Corporate Officer must prepare an Agenda setting out all the items for consideration at that meeting, noting in short form a summary for each item on the agenda.

(2) The deadline for submissions to the Corporate Officer of items for inclusion on the Council meeting Agenda must be 12:00 noon on the Wednesday prior to the meeting.

(3) The Corporate Officer must make the agenda available to the members of Council and the public on the Friday afternoon prior to the meeting.

(4) Council must not consider any matters not listed on the Agenda unless a new matter for consideration is properly introduced as a late item pursuant to section 16.

15. Order of proceedings and business

(1) The agenda for all regular Council meetings contains the following matters in the order in which they are listed below:

(a) Call to Order
(b) Adoption of the Agenda
(c) Adoption of the Minutes
(d) Delegations & Presentations
(e) Business Arising From the Minutes
(f) Correspondence
(g) Standing Committee Reports
(h) Old Business
(i) New Business
(j) In Camera
(k) For Information

(2) Particular business at a Council meeting must in all cases be taken up in the order in which it is listed on the agenda unless otherwise resolved by Council.

16. Late Items

(1) An item of business not included on the Agenda must not be considered at a Council meeting unless introduction of the late item is approved by Council at the time the Agenda is adopted.

(2) If the Council makes a resolution under section 16(1), information pertaining to late items must be distributed to the members.

17. Procedure at Meetings

(1) The following procedures apply to voting at Council meetings:

(a) As soon as the members of Council are called to order at any regular meeting, the Mayor shall ask the Council

(i) if there are any additions to the agenda
(ii) for a motion to adopt the agenda as presented, or amended
(iii) if there are any errors or omissions to the minutes as presented and shall forthwith call for a motion to adopt as presented or as amended.

(b) After a resolution has been stated or read it shall be deemed to be in possession of the Council, but it may be withdrawn with the consent of the mover and the seconder.

(c) Every motion or resolution shall be stated or read by the sponsoring member of Council; who alone may make introductory remarks thereof, and when such motion or resolution has been duly moved and seconded and acknowledged by the Mayor or the Chair, it shall be open for consideration by Council.

(d) After a question is finally put by the Mayor, 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 Mayor as to whether the question has been finally put shall be conclusive.

(e) When any order, resolution or question is lost by reason of the Council or any committee breaking up for want of a quorum, the order, resolution or question so lost shall be the first item of business to be proceeded with and disposed of at the next meeting of the Council or Committee under that particular heading.

(f) All amendments to resolutions shall be voted on or withdrawn before the main question is put to a vote.

(g) A motion to adjourn the Council or to adjourn the debate shall always be in order, but if such motion is negative no second motion to the same effect shall be made until some intermediate business or matter has been disposed of.

18. Delegations

(1) Every Delegation shall lodge with the Corporate Officer by 12:00 noon on the Wednesday prior to the regular Council meeting a written statement setting out the subject matter to be dealt with and the proposals intended to be made.

(2) Every delegation shall be allowed a maximum time of 10 minutes to present its petition or submission, unless extended by resolution of Council, after which the Council may dispose of the petition or submission at the meeting, refer the subject matter to a Committee or take such other action as is deemed expedient.

(3) Where written application has not been received by the Corporate Officer as prescribed in section 18(1), an individual or delegation may address the meeting if approved by the unanimous vote of the members present.

(4) Council must not permit a delegation to address a meeting of the Council regarding a bylaw in respect of which a public hearing has been held, where the public hearing is required under an enactment as a prerequisite to the adoption of the bylaw.

(5) The Corporate Officer may schedule delegations to another Council meeting or advisory body as deemed appropriate according to the subject matter of the delegation.

(6) The Corporate Officer may refuse to place a delegation on the agenda if the issue is not considered to fall within the jurisdiction of Council. If the delegation wishes to appeal the Corporate Officer’s decision, the information must be distributed under separate cover to Council for their consideration.

19. Rules of Conduct and Debate

(1) Members shall address the Chair before speaking to any question or motion.

(2) Members shall address the Chair as “Your Worship” “Mr. Mayor” or “Madam Mayor” and shall refer to each other as “Councillor ________.”

(3) Should more than one member seek recognition at once, the Mayor or Chairperson shall determine who is entitled to the floor

(4) No member shall speak more than once to the same question, without leave of the Council, except in explanation of a material part of his/her remarks, which may have been misunderstood.

(5) The Mayor or Chairperson, or any member of Council may call a member to order while speaking, and the debate shall then be suspended and the member shall not speak until the point of order is decided by the Mayor of the Chairperson.

(6) Any member may appeal from the decision of the Mayor or Chairperson to the other members of the Council then present. All appeals shall be decided without debate by the vote of the majority of the members of the Council then present, exclusive of the Mayor or Chairperson.

(7) Any member of Council may request the question or motion under discussion to be read for his information at any period during the debate, but not so as to interrupt a member speaking.

(8) If the Mayor or Chairperson desires to leave the Chair for purpose of taking part in the debate or otherwise, he/she shall call one of the Councillors to fill his/her place until he/she resumes the Chair.

(9) Any member of the Council present when a question is put, who abstains from voting, unless the Council shall excuse him, shall be deemed to have voted in the affirmative, and his vote shall be counted accordingly.

(10) Whenever any matter of privilege arises, whether relating to the Council or to any individual member thereof, it shall be taken into consideration immediately.

(11) When a question under consideration contains distinct propositions, the vote upon each proposition may be taken separately upon the request of any member of the Council.

(12) If a Council member has a direct or indirect pecuniary interest of a matter or another interest in the matter that constitutes a conflict of interest, the member must declare this and state the general nature of why the member considers this to be the case and shall not vote or otherwise participate in discussions of such matter and shall be further guided by the provisions of Section 100 of the Community Charter.

20. Committee Procedures

(1) Section 19 also applies to the conduct of meetings of:

(a) standing and Select Committees of Council;

(b) any other Committee composed solely of Council members acting in that capacity.

PART 5 – BYLAWS

21. Reading and adopting bylaws

(1) The presiding member of a Council meeting may:

(a) have the Corporate Officer read a synopsis of each proposed bylaw or group of proposed bylaws, and then

(b) request a motion that the proposed Bylaw or group of Bylaws be read;

(2) The reading of the Bylaw may be given by stating its title and object.

(3) A proposed Bylaw may be debated and amended at any time during the first three readings unless prohibited by the Community Charter.

(4) Subject to section 882 of the Local Government Act, each reading of a proposed bylaw must receive the affirmative vote of a majority of the Council members present.

(5) In accordance with section 135 of the Community Charter, Council may give two or three readings to a proposed bylaw at the same council meeting.

(6) Despite section 135 (3) of the Community Charter, and in accordance with section 890(9) of the Local Government Act Council may adopt a proposed Official Community Plan or Zoning Bylaw at the same meeting at which the plan or bylaw passed third reading.

22. Bylaws must be signed

After a bylaw is adopted, and signed by the Corporate Officer and the presiding member of the Council meeting at which it was adopted, the Corporate Officer must have it placed in the City’s records for safekeeping.

PART 6 – RESOLUTIONS

23. Copies of resolutions to Council members

A resolution not part of the Agenda business may be introduced by any member of Council subject to a unanimous agreement of Council.

PART 7 – COMMITTEE OF THE WHOLE

24. Going into Committee of the Whole

(1) at any time during a Council meeting, Council may by resolution go into COTW.

(2) in addition to subsection (1), a meeting, other than a standing or select committee meeting, to which all members of Council are invited to consider but not to decide matters of the City’s business, is a meeting of COTW.

25. Notice for COTW meetings

(1) Subject to subsection (2) a notice of the day, hour and place of a COTW meeting must be given at least 24 hours before the time of the meeting by:

(a) posting a copy of the notice at the Public Notice Posting Place: and

(b) leaving a copy of the notice for each Council member in the Council member’s mailbox at City Hall.

(2) Subsection (1) does not apply to a COTW meeting that is called, in accordance with section 24, during a Council meeting for which public notice has been given under section 6 or 7.

26. Minutes of COTW meetings to be maintained and available to public

(1) Minutes of the proceedings of COTW must be

(a) legibly recorded,

(b) certified by signature of the Mayor or presiding member of the meeting and the Corporate Officer or delegate,

(c) open for public inspection in accordance with section 97 (1)(c) of the Community Charter.

27. Presiding members at COTW meetings and Quorum

(1) Any Council member may preside in COTW.

(2) The members of Council attending a meeting of COTW must appoint a presiding member for the COTW meeting.

(3) The quorum of COTW is the majority of Council members.

28. Points of order at meetings

(1) The presiding member must preserve order at a COTW meeting and, subject to an appeal to other members present, decide points of order that may arise.

29. Conduct and debate

(1) The following rules apply to COTW meetings:

(a) a motion is not required to be seconded;

(b) a motion for adjournment is not allowed;

(c) a member may speak any number of times on the same question;

(d) a member must not speak longer than a total of 10 minutes on any one question.

30. Voting at meetings

(1) Votes at a COTW meeting must be taken by a show of hands if requested by a member.

(2) The presiding member must declare the results of voting.

31. Reports

(1) COTW may consider reports and bylaws only if

(a) they are printed and the members each have a copy, or

(b) the Council members present decide without debate that the requirements of paragraph (a) do not apply.

(2) A motion for COTW to rise and report to council must be decided without debate.

(3) The COTW’s reports to Council must be presented by the Corporate Officer.

32. Rising without reporting

(1) A motion made at a COTW meeting to rise without reporting

(a) is always in order and takes precedence over all other motions,

(b) may be debated, and

(c) may not be addressed more than once by any one member.

(2) If a motion to rise without reporting is adopted by COTW at a meeting constituted under section 24(1), the Council meeting must resume and proceed to the next order of business.

PART 8 – COMMITTEES

33. Duties of standing committees

(1) Standing committees must consider, inquire into, report, and make recommendations to Council about all of the following matters:

(a) matters that are related to the general subject indicated by the name of the committee;

(b) matters that are assigned by Council;

(c) matters that are assigned by the Mayor.

(2) Standing committees must report and make recommendations to Council at all of the following times:

(a) in accordance with the schedule of the committee’s meetings;

(b) on matters that are assigned by Council or the Mayor,

(i) as required by council or the Mayor, or

(ii) at the next Council meeting if the Council or Mayor does not specify a time.

34. Duties of select committees

(1) Select committees must consider, inquire into, report, and make recommendations to Council about the matters referred to the committee by the Council.

(2) Select committees must report and make recommendations to Council at the next Council meeting unless council specifies a different date and time.

35. Schedule of committee meetings

(1) At its first meeting after its establishment a standing or select committee must establish a regular schedule of meetings.

(2) The Chair of a committee may call a meeting of the committee in addition to the scheduled meetings or may cancel a meeting.

36. Notice of committee meetings

(1) Subject to subsection (2), after the committee has established the regular schedule of committee meetings, including the times, dates and places of the committee meetings, notice of the schedule must be given by:

(a) posting a copy of the schedule at the Public Notice Posting Place;
and

(b) providing a copy of the schedule to each member of the committee.

(2) Where revisions are necessary to the annual schedule of committee meetings, the Corporate Officer must, as soon as possible, post a notice at the Public Notice Posting Places which indicates any revisions to the date, time, and place or cancellation of a committee meeting.

(3) The Chair of a committee must cause a notice of the day, time and place of a meeting called under section 35(2) to be given to all members of the committee at least 12 hours before the time of the meeting.

37. Attendance at Committee meetings

(1) Council members who are not members of a committee may attend the meetings of the committee.

38. Minutes of Committee meetings to be maintained and available to public

(1) Minutes of the proceedings of a committee must be

(a) legibly recorded,

(b) certified by signature of the chair or member presiding at the meeting, and

(c) open for public inspection in accordance with section 97 (1) (c) of the Community Charter.

39. Quorum

(1) The quorum for a committee is a majority of all of its members.

40. Conduct and debate

(1) The rules of the Council procedure must be observed during committee meetings, so far as is possible and unless as otherwise provided in this Bylaw.

(2) Council members attending a meeting of a committee, of which they are not a member, may participate in the discussion only with the permission of a majority of the committee members present.

(3) A motion made at a meeting of a committee is not required to be seconded.

41. Voting at meetings

(1) Council members attending a meeting of a committee of which they are not a member must not vote on a question.

PART 9 – COMMISSIONS

42. Schedule of commission meetings

(1) At its first meeting after its establishment, a Commission must establish a regular schedule of meetings.

(2) The Chair of a commission may call a meeting of the Commission in addition to the scheduled meetings or may cancel a meeting.

43. Notice of Commission meetings

(1) Subject to subsection (2), after the Commission has established the regular schedule of Commission meetings, including the times, dates and places of the Commission meetings, notice of the schedule must be given by:

(a) Posting a copy of the schedule at the Public Notice Posting Place; and

(b) Providing a copy of the schedule to each member of the Commission

(2) Where revisions are necessary to the annual schedule of the Commission meetings, the Corporate Officer must, cause or provide for the posting of the notice at the Public Notice Posting Place as soon as possible which indicates any revisions to the date, time and place for cancellation of a commission meeting.

(3) The Chair of a Commission must cause a notice of the day, time and place of a meeting called under section 42(2) to be given to all members of the Commission at least 12 hours before the time of the meeting.

44. Minutes of commission meetings to be maintained and available to the public

(1) Minutes of the proceedings of a Commission must be:

(a) legibly recorded;

(b) signed by the Chair or a member presiding at the meeting, and open for public inspection in accordance with section 97 (1) (c) of the Community Charter.

45. Quorum

(1) The quorum of a Commission is a majority of all its members.

46. Conduct and Debate

(1) The rules of the Council procedure must be observed during Commission meetings, so far as is possible and unless as otherwise provided in this bylaw.

PART 10 – GENERAL

47. If any section, subsection or clause of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw.

48. This bylaw may not be amended or repealed and substituted unless Council first gives notice in accordance with section 94 of the Community Charter.

49. City of Revelstoke Council Procedure Bylaw No. 1628, 2000 is repealed.





READ A FIRST TIME THIS 22nd day of MARCH, 2004

READ A SECOND TIME THIS 22nd day of MARCH, 2004

READ A THIRD TIME THIS 22nd day of MARCH, 2004

ADVERTISED IN THE REVELSTOKE TIMES REVIEW THE 31st day of MARCH, 2004 AND THE 7th day of APRIL, 2004

ADOPTED THIS 13th day of APRIL, 2004.




Director of Corporate Administration

Mayor


Certified a true copy, this ____________ day of _______, _______

 

 
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