Bylaw #484 to Establish the Purpose of Regulating the Proceedings of Council and Council Committee Meetings — full text

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## VILLAGE OF NAMPA BY LAW NO. 484 ## BEING A BYLAW OF THE VILLAGE OF NAMPA, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING THE PROCEEDINGS OF COUNCIL AND COUNCIL COMMITTEE MEETINGS WHEREAS it is Council's desire to establish and follow a process and procedure of municipal governance that reflects an open, transparent government where decisions are made after all information has been provided; AND WHEREAS, pursuant to the Municipal Government Act, RSA 2000, Chapter M-26, and amendments thereto, Council may pass bylaws to establish the function of the committee or body and the procedures to be followed by it; NOW THEREFORE the Council of the Village of Nampa, in the Province of Alberta, duly assembled, enacts as follows: ## TITLE This bylaw shall be cited as the "Council Procedural Bylaw". ## 2. DEFINITIONS "Act" means the Municipal Government Act (MGA), RSA 2000 Chapter M-26 and regulations as amended or repealed and replaced from time to time. "Administration" means the employees of Village of Nampa. "Agenda" means the agenda for regular or special meetings of Council prepared pursuant to Section 10 of this bylaw. "Applicant" means the person or group of persons who claims to be affected by the proposed bylaw or resolution at a Public Hearing and wishes to make representation to Council regarding the bylaw or resolution. "Chief Administrative Officer" or "CAO" means the person appointed to that position by Council under the provisions of the MGA. "Closed" means the portion of the meeting at which only Councillors and other persons designated by Council may attend. "Council" shall mean the Council of the Village of Nampa. "Council Committee" means a committee or board established by Council under the MGA, not including an assessment review board or subdivision and development appeal board. "Deputy Mayor" shall mean the Councillor who is appointed pursuant to the Act to act as Mayor in the absence or incapacity of the Mayor. "Electronic Meetings" shall mean a Council, or Council Committee meeting or Public Hearings under Part 17 of the Municipal Government Act held by electronic communications, such as a telephone with the use of the speaker, a computer, or other means as technology advances "Member" means a member of Council duly elected and continuing to hold office, or where the context requires, a member of a Council Committee appointed by Council. "Municipality" means the Village of Nampa. "Public Hearing" means a meeting of Council convened to hear matters pursuant to the Act. "Quorum" is the majority of all members, being fifty (50) percent plus one (1) unless Council provides otherwise in this bylaw. "Mayor" shall mean the Councillor who is appointed pursuant to the MGA as the Chief Elected Official. "Special Meeting" means a meeting called by the Mayor pursuant to the Act. ## 3. APPLICATION 1. Words importing the singular shall include the plural or vice-versa whenever the context so requires. 3. The precedence of the rules governing the procedures of Council is: 2. This bylaw applies to all meetings of Council and Council Committee meetings as identified. 4. (a) the Act; 5. (c) this bylaw. 6. (b) other provincial legislation; and 4. Council may waive all or part of the provisions of this bylaw for a meeting if Council votes unanimously to do so by a motion to suspend the rules. This motion is only in order if it does not conflict with the laws of the Government of Canada, or the laws of the Government of Alberta and specifically the Act. A motion to temporarily alter or suspend this bylaw is not debatable or amendable. ## 4. ORGANIZATIONAL MEETING - Council shall hold an Organizational Meeting not later than two weeks after the third Monday in October each year. 2. The CAO shall set the time and place for the Organizational Meeting. The business of the meeting shall be limited to: - (a) the appointment of members to Committees which Council is entitled to make; - (b) appointing the Mayor, who shall serve as Mayor until the next Organizational Meeting; - (c) appointing the Deputy Mayor, who shall serve as Deputy Mayor until the next Organizational Meeting; and - (d) any other business required by the Act, or which Council or the CAO may direct. 3. In the event of a tie for the appointment of the Mayor or Deputy Mayor, the CAO will announce the results to the Council and at that time shall leave the room for a period of time to allow Council to determine amongst themselves the appointment of the Mayor. After that meeting, Council will, by way of formal motion, either - (a) advise that there is a consensus for who will fill the position; or - (b) direct the CAO to write the names of the candidates separately on blank pieces of paper of equal size and of the same colour and texture, and after folding the sheets of paper in a uniform manner and so that the names are concealed, shall deposit them in a receptacle and direct a person to withdraw one of the sheets. The CAO shall declare the candidate whose name appears on the withdrawn sheet to have one more vote than the other candidate. 4. Appointments of members to committees shall be for a term of'one year, unless otherwise specified, and reviewed at the Organizational Meeting. ## REGULAR AND SPECIAL MEETINGS 1. The date and time of regular Council meetings will be regularly scheduled for the third Tuesday of each month at 7:00 p.m., unless determined otherwise through a resolution approved by a majority vote of Council. 2. If there are changes to the date and time of a regular meeting, pursuant to Section 193(3), the municipality must give at least twenty-four (24) hours' notice of the change to the public and Councillors and post in the Municipality's office. Posting a public notice on the main and staff entrances is sufficient notice if Administration is unable to advertise the change in the local newspaper. 2. Notice of a special Council meeting will be considered given when posted at the Village of Nampa Office. 4. Any Councillor who has a pecuniary interest pursuant to Section 170 of the Act is required to: - (a) disclose the general nature of the pecuniary interest prior to any discussion of the matter; and - (b) abstain from voting on any question relating to the matter; and - (c) abstain from any discussion on the matter; and - (d) shall be required to leave the room in which the meeting is being held until the discussion and voting on the matter are concluded. 5. All meetings will be open to members of the public, except for Closed portions of the meeting. At Council's discretion members of the public may be allowed to remain in the closed portion of a Council meeting. 6. When Council moves to close all or part of a Council meeting, they must also approve the basis on which they are closing all or part of the meeting, pursuant to Section 197of the Act or Division Two of Part One of the Freedom of Information and Protection of Privacy (FOIPP) Act, citing the appropriate section of the FOIPP Act. 8. After the Closed portion of the Council meeting is completed, members of the public who are present outside the meeting room must be notified that the meeting is again open to the public, and they must be given enough time to return to the meeting before the meeting continues. 7. When a meeting is closed to the public, no resolution or bylaw may be passed at the meeting, except a resolution to revert to a public meeting. ## 6. QUORUM 1. When quorum is present at the time set for commencement of a Council meeting, the Mayor, or Deputy Mayor if the Mayor is absent, shall call the meeting to order. 2. If there is a quorum present at the time set for commencement of a Council meeting, but the Mayor and Deputy Mayor are absent, the CAO shall call the meeting to order and shall call for a Chair to be chosen by resolution. 3. If quorum is not constituted within fifteen (15) minutes from the time set for commencement of a Council meeting, the CAO shall record the names of all the Councillors present and adjourn the meeting. 4. Whenever a vote on a motion before Council cannot be taken because of a loss of quorum resulting from: 5. (a) the declaration of pecuniary interest; or 6. (b) a Councillor or the Mayor not being present for all or part of a Public Hearing; the motion shall be the first order of business to be proceeded with and disposed of at the meeting of Council under that 7. particular order of business. 5. If quorum is lost for any other reason than those aforementioned in Section 7, the meeting is adjourned. ## 7. MEETING THROUGH ELECTRONIC COMMUNICATIONS 1. Councillors may attend a Council meeting including Public Hearings and Councillor Committee meetings by means of electronic communication. Acceptable alternatives include: through the use of a telephone (with the speaker on), ensuring that dialogue is available for both parties; through the use of a personal computer; or other means as technology advances. 2. A Councillor may attend regular or special Council meetings by means of electronic communication a maximum of six (6) times per calendar year, unless otherwise approved by Council. Councillors are expected to give notification to Council that they will be attending electronically. A Councillor may only attend regular or special Council meetings electronically for three (3) consecutive meetings before being expected to attend in person. 3. A Councillor attending a meeting via electronic communications is deemed to be present at the meeting for whatever period of time the connection via electronic communications remains active. 4. The Mayor or Deputy Mayor shall announce to those in attendance at the Council meetingas well as during a Public Hearing that a Councillor is attending the meeting by means of electronic communications. If the meeting is conducted electronically due to provincial health restrictions, there is no need for this to be announced 5. When a Councillor attends a Closed portion of the meeting, they will be required to confirm that they have attended the Closed portion of the meeting alone, in keeping with the definition in this bylaw of "Closed". ## 8. CANCELLATION OF MEETINGS 1. A regular or special meeting may be cancelled by a vote of the majority of Councillors at a previously held meeting. ## 9. AGENDAS FOR COUNCIL MEETINGS 1. The agenda for each regular Council meeting shall be prepared and provided together with copies of all pertinent correspondence, statements, and reports to each Councillor at least four calendar days prior to the meeting. 3. Written submissions from residents will be included on the Council agenda only if the letter is signed and dated by the sender. 2. Any Councillor or any other person wishing to have an item of business placed on the agenda for a regular Council meeting, shall make the submission to the CAO no later than 12:00 noon on the Tuesday of the week prior to the meeting. The submission shall contain adequate information to the satisfaction of the CAO to enable Council to consider the matter. 4. Council shall consider no item of business unless the item has been placed on the agenda, either in the manner described in Section 2, or as modification to the agenda approved by a vote at the meeting. Additions to the agenda will not be allowed unless they are of an emergent nature and require an immediate decision of Council. 5. The addition of agenda items during the adoption of the agenda must be approved by a majority of the Councillors at the 6. When the CAO receives a request for presentation to Council, they shall place it on the Council agenda. If the communication is considered administrative in nature, the sender will be notified of the administrative follow-up by the CAO or designate. 7. The general order of business on the agenda shall be as follows; however, the actual order may be adjusted by Council as necessary: 1. Call the Meeting to Order 2. Adoption of the Agenda (Additions or Deletions) 3. Adoption of the Minutes (Additions or Deletions) 4. Business Arising out of the Minutes/Unfinished Business 5. New Business 6. Reports 7. Correspondence 8. Closed Meeting 9. Adjournment ## 10. MINUTES 1. The CAO will ensure that minutes of Council meetings are taken. 2. If a Councillor arrives late, leaves before the meeting is adjourned, or is temporarily absent from the mecting, it shall be so recorded in the minutes. 3. The CAO will ensure that the minutes indicate each time a Councillor is absent; and each time a Councillor refrains from discussion and voting by reason of pecuniary interest including the general nature of the pecuniary interest. ## 11. PRESENTATIONS 1. As a guideline, the recommended total time allotment for all presentations at a Council meeting is thirty (30) minutes, subject to the discretion of the Presiding Officer. 2. All persons wishing to address Council will be required to give their name. 4. A response to each presentation will be proved through one or more of the following: 3. Council will not entertain submissions from the public on issues that are before any quasi- judicial board of the Municipality, the courts, or require a statutory Public Hearing. - (a) a resolution of Council at the meeting; or 6. (b) referral of the matter to Administration for review and recommendation at a subsequent time, depending on the significance of the issue and the time required to adequately research the matter. ## 12. GENERAL RULES OF COUNCIL 1. Each person wishing to speak during a Council meeting shall address their comments through the Mayor. No person shall be permitted to speak unless and until the Mayor has granted that person permission. 3. Council or Council meetings may be filmed by accredited media only with the express permission of Council. 2. A meeting may be adjourned by motion or declaration by the Mayor. A declaration by the Mayor to adjourn a meeting may be appealed through a motion decided by a majority of Councillors. ## 13. ROLES/OBLIGATIONS OF COUNCIL 1. The Mayor may participate in debate on any matter before Council without relinquishing as Mayor. 2. The Mayor may make a motion on any matter on the agenda. 3. All Councillors have equal rights, responsibilities, privileges and obligations. 4. Councillors shall consider all points of view when making decisions. 5. Councillors shall not give direction; directly or implied, to any municipal employee or contracted resource, other than to, or through the CAO or their designate. 6. Every Councillor must attend training at the direction of Council for the benefit of Council's business throughout their appointed term. 14. MOTIONS 1. After a motion is made, it may be withdrawn by the mover at any time before a vote is taken or an amendment is made. 2. The Recording Secretary shall record all motions in writing before the motion is debated or nut to a vor a regular or specil moting shall require to be secondod unles etherwise voted on ty a majority of Council 3. No motion at a regular or special meeting shall require to be seconded unless otherwise voted on by a majority of Council. 4. The Mayor shall reference all motions before they are debated or voted upon. 5. No motion shall be offered that is substantially the same as one that has already been expressed during the same meeting. 7. After the Mayor has called the vote, no Councillor shall speak to the motion nor shall any other motion be made until after the result of the vote has been declared. 6. Where a matter under consideration contains several distinct propositions, a Councillor may request, or the Mayor may direct, that each proposition be made as a separate motion. 8. Voting on all motions shall be done by clearly raising one hand so that the Mayor may easily count them. When using electronic communications, the Mayor will ask whether the Councillor is voting for or against the motion. After the Mayor has counted the votes, they shall declare whether the motion was carried or defeated. Except where provided for in this bylaw or by the applicable legislation, a majority of the Councillors present who are eligible to vote, shall decide a motion or question before Council. If the vote results in a tie, the motion will be considered defeated. 9. Pursuant to Section 185 of the Act, before a vote is taken by Council, a Councillor may request that the vote be recorded. When a vote is recorded, the minutes must show the names of the Councillors present and whether each Councillor voted in favour or was opposed to the motion. 10. 15, MOTIONS BEFORE COUNCIL 1. All meetings must be held in strict compliance with the requirements of the Act and in compliance with this Bylaw. Where a matter relating to the meeting procedure is not addressed in this Bylaw, Robert's Rules of Order shall apply. In the event of conflict between this Bylaw and Robert's Rules of Order, this Bylaw shall apply. 2. When a motion has been made and is being considered by Council, no other actions may be considered except: - a. a motion to refer to some other party for consideration, or to withdraw the motion; 14. a motion to amend the motion; 15. a motion to table the motion (the motion remains pending in order to address another urgent matter at that meeting); 16. a motion to postpone the motion to a future debate (not beyond the third month from when it was presented); - e. a motion to adjourn the meeting; and, any necessary resultant motion to postpone shall not be debated except as to the time when the matter will again be considered; or, - f. a motion of privilege, an incidental or subsidiary motion. 3. A motion to refer, adjourn, postpone or to table, until it is voted upon, shall preclude all amendments to the main motion. A motion to refer or postpone is debatable, while a motion to table is not. A motion to adjourn is not debatable except as allowed in Section 16(2)(e) above. 4. Each motion to amend or motion to amend an amendment to a motion: - a. must be relevant to the motion on which it is proposed. Any amendment that raises a new question can only be considered as a new distinct motion; - b. must not propose a direct negative which would be considered out of order; 23. must be decided upon or withdrawn before the main question is put to a vote. Only one amendment at a time to the main motion shall be allowed; and only one amendment to an amendment shall be allowed at one time; - d. shall not be moved by the original mover of the motion or the amendment; - e. must not enlarge the scope of the amendment (an amendment to an amendment), but should only deal with matters not covered by the original amendment; - f. shall only be sub-amended one tie. A request for a second amendment to an amendment would require the current motion to be defeated and a new motion to be moved. 5. A motion to reconsider a motion shall: - a. only be made at the same meeting the motion was decided; - C. not be proposed more than once for a specific motion at any one meeting of Council; - b. only be made by a Councillor who voted with the prevailing side of the motion involved; 31. be decided by a majority of the Councillors present; and, - e. not be allowed on a motion of adjournment. 6. A motion to rescind a previous motion of Council may: 5 - a. be made by any Councillor; and 2. (i) be offered at any time subsequent to the meeting at which the original motion was passed; and (ii) must be passed by a vote of (two-thirds) 2/3 of the Councillors. - b. be made as long as the previous motion has not been acted upon to the extent that the Municipality has undertaken or become subiect to any liability or obligation; or - c. be made as long as the original motion was not a motion for a reading of a bylaw. 7. All motions for readings of bylaws will be debatable. Each bylaw shall be read a first, second, and third time before being signed by the Mayor and the CAO. Unanimous agreement is required to have more than two readings of' a proposed bylaw at the same meeting. ## 16. MISCELLANEOUS 1. No Councillor shall: - a. use offensive words in or against Council; - b. speak to a subject, except upon the question in debate; 2. Resist the rules of Council or disobey the decision of the Mayor or of Council on any question of order or practice or upon the interpretation of the rules of Council. Council may adjourn from time to time to a fixed future date, any special meeting of Council that has been duly convened, but not terminated. The object of adjourning is to finish the business for which the meeting was called, but which has not been completed. 5. reflect upon any vote of Council except for the purpose of moving that such a vote be rescinded or reconsidered; or 3. No Councillor shall have the power to direct or interfere with the performance of any work of the municipality. Councillors may seek information through the CAO. ## 17. PETITIONS 1. Petitions to Council must be filed with the CAO who is responsible for determining the sufficiency of the petitions in accordance with Section 225 of the Act. 2. The CAO must declare the petition sufficient or insufficient within 45 days after the petition is filed. 3. If the petition is sufficient, the Council must respond within the guidelines of the Act. 4. If the petition is not sufficient, the Council is not required to take any notice of the petition. ## 18. PUBLIC HEARINGS 1. Public Hearings will be available for the public to access and attend electronically. - b. The public may make submissions for Public Hearings by following the notice advertised in the South Peace News and the Village website. - a. The link to join Public Hearings electronically will be available on the Village website. Information related to the Public Hearing will be included in the Council meeting agenda. 2. The Mayor will request a motion to go into the Public Hearing and call the meeting to order. 3. Administration will confirm the matter on the agenda has been advertised in accordance with the requirements of the applicable Statute or Statutes. 4. Administration will introduce the matter and provide any background material. 5. The applicant will be requested to come forward and speak for five minutes or, depending on the nature of the matter, such reasonable amount of time Council allows. 6. No person shall address the Public Hearing for more than five minutes, exclusive of the time required to answer questions put forth by Council. 7. No person shall address the Public Hearing more than once, except as Council may allow for persons to respond to new information provided in submissions. 8. Persons or representatives of any group of persons in favor of the application will then be requested to come forward and speak. Council reserves the right to limit the number of individuals making oral submissions if information is simply being repeated and no new information is being presented by a speaker. In particular, consideration will be given to hearing only from one individual from any group that has signed a petition, unless an individual petitioner requests to speak individually at the time the petition is presented. 9. Persons or representatives of any group of persons who are opposed to the application will then be requested to come forward and speak. Council reserves the right to limit the number of individuals making oral submissions if information is simply being repeated and no new information is being presented by a speaker. In particular, consideration will be given to hearing only from one individual from any group that has signed a petition, unless an individual petitioner requests to speak individually at the time the petition is presented. ## 19. COMMITTEES AND BOARDS 1. Council shall appoint Council representatives to such committees, boards, and commissions as required by legislation, agreement, or bylaw as they deem necessary. Unless an immediate appointment is required mid-term, these appointments shall be made on an annual basis at the Organizational Meeting. 2. Council may make appointments to a committee at any time, providing that Council has adopted a bylaw specifying the terms of reference of the committee. 3. The Mayor shall be an ex-officio member of all Council committees and bodies which Council has a right to appoint members under the Act. (Does not apply to certain boards, e.g., Subdivision & Development Appeal Board, Assessment Review Board, 4. Appointed Councillors shall keep the rest of Council informed of the actions of committees or boards to which they are appointed by Council by providing regular updates on all meetings attended by submitting a written report for each Council meeting agenda. Verbal reports are acceptable for meetings that were attended after the submission date for written reports. ## 20. REPEAL This Bylaw repeals Bylaw #336 ## 21. SEVERABILITY PROVISION Should any provision of this Bylaw be invalid then such invalid provision shall be severed and the remaining Bylaw shall be maintained ## EFFECTIVE DATE This Bylaw shall come into force and effect when it receives third reading and is duly signed. READ a first time this 15'" day of April, 2025. READ a second time this 15" day of April, 2025. READ a third time this 20" day of May, 2025.   Dianne Roshuk Chief Administrative Officer