Council Proceedings Policy

Pictou, Nova Scotia

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POLICY # 2023-12-04 MUNICIPALITY OF THE COUNTY OF PICTOU PROCEDURES OF COUNCIL POLICY PURPOSE To establish a uniform policy for procedures related to Council and Committee meetings. Municipality of the County of Pictou Procedures of Council Policy Short Title 1) This Policy may be cited as the Procedures of the Council Policy. Authority 2) Section 23(1)(a) and Section 23(1)(b) of the Municipal Government Act of Nova Scotia, being Chapter 18 of the Revised Statutes of Scotia, 1998 as amended. Purposes 3) The purposes of this Policy are: a) to recognize the functions of the Municipality include providing good government; b) to complement and supplement, and not to replace, the requirements contained in applicable municipal legislation; c) to provide notice to the Members and the citizens respecting matters that will be considered by the Council; and d) to provide an open, respectful and orderly forum for public input, debate and decisions. 4) In accordance with the purposes of subsection 1, the Council hereby adopts the rules of procedure to govern meetings of the Council and committees of the Council. Interpretation 5) In this Policy, a) "CAO" means the Chief Administrative Officer of the Municipality. b) "Clerk" means the Clerk for the Municipality. c) "Council" means the Council of the Municipality. d) "in-person" means a meeting where the Members are physically present in the same room; e) "Member" means a Member of the Council; f) "Municipality" means the Municipality of the County of Pictou; g) "Presiding Officer" means: i) the Warden when present at a meeting of the Council; ii) the Deputy Warden when presiding at a meeting of the Council in the absence of the Warden; iii) such other Member as may be presiding at a meeting of the Council in the absence of the Warden and Deputy Warden; h) "Petition" includes a written or an electronic petition; i) "virtual" means appearing by video, or by a combination of video and telephone. Rules Adopted and Suspended 6) The proceedings of the Council, and committees of the Council shall be governed by this Policy unless a Policy, by-law or provincial enactment provides otherwise. 7) A Committee, other than a Standing Committee or Committee of the Whole, may only suspend the rules of procedure respecting the number and length of time a person may speak. Amendment to Rules 8) This Policy shall not be amended or repealed except by Policy passed at a meeting of the Council. Interference with the Work of the Municipality 9) No Member shall have power to direct or interfere with the performance of any work of the Municipality and no Member shall instruct or give direction to an employee of the Municipality. Regular Meeting of the Council 10) The Council shall meet on the first Monday of each month at 7:00 pm. 11) If the first Monday of any month is a holiday, then the regular meeting of Council shall be held on the following day (Tuesday) beginning at 7:00 pm. 12) The Municipal Council may, at any regular meeting of the Council, or other meeting as may be necessary or expedient for the dispatch of business, by resolution, decide to postpone or omit any regular meeting or meeting otherwise scheduled. 13) For sufficient cause, the Presiding Officer may postpone any regular meeting or other meeting as may be necessary for a period not exceeding 7 days from its scheduled starting date and time. Special Meeting of the Council 14) The Municipal Council may hold such other meetings as may be necessary, or expedient for the dispatch of business of the Municipality at such time and place that the Council determines. 15) Notice of the meeting shall be provided for the special meeting including the purpose and time of the meeting at least three (3) days prior to the meeting in accordance with the Municipal Government Act Section 19(2). 16) Written notice of any special meeting of the Council setting forth the matters to be considered shall be given to all Members by delivery to the address or official email address of each Member recorded with the Clerk, not less than seventy-two (72) hours prior to the time fixed for the meeting and the Clerk shall make every reasonable effort to contact the Members to advise of the meeting. 17) At a special meeting of the Council, the Council shall only consider or decide upon a matter set forth in the notice calling the special meeting, unless all members that may be elected to the Council present consent to considering or deciding on an additional matter. 18) If all the Members consent to consider or decide upon additional business, such consent shall be recorded in the Minutes. 19) For sufficient cause, the Presiding Officer may postpone any special meeting as may be necessary for a period not exceeding 7 days from its scheduled starting date and time. Agenda Preparation 20) The Clerk shall have prepared the agenda of the Council together with copies of all reports or communications to be dealt with at each regular meeting of the Council. 21) A draft agenda shall be sent to all members of the Council 10 days in advance of the meeting, with the exception of the month of January to accommodate the Christmas Holidays. 22) The headings of the Agenda shall be the same as the Order of Business. 23) If a Member wishes to have an item placed on the Council or Committee agenda, the Member shall submit the request in writing to the Clerk or Director of Corporate Services no later than 4:30 pm on the third day after the draft agenda is sent to members. 24) The request shall include an explanation of the issues and a copy of a draft motion requesting a staff report or the action required by the Council. Emergency Resolutions for Agenda 25) If a Member wishes to have an item placed on the Council agenda following the deadline prescribed by section 23, the Member shall attempt to submit the request in writing prior to the meeting so that Council members may have knowledge of the item. 26) The request shall include an explanation of the issues and a copy of a draft motion requesting a staff report or the action required by the Council. 27) The Council shall decide by majority vote whether to place the item on the agenda. 28) An emergency resolution is an item that has come to the attention of a member of council beyond the deadlines to submit information and requires action before the Council would normally sit again to meet and resolve an action. Information Reports 29) A collection of information reports with copies of all such reports shall be provided to the Council only for its information. 30) Anonymous items shall not be included in the collection of information provided to the Members. Agenda Package 31) Five days prior to the regular meeting of the Council or Committee, the Clerk shall cause to be delivered electronically or circulated to each Member the following: a) the agenda; b) a copy of each report which is to be considered; c) a copy of each motion to be considered if the motion or the purpose thereof is not indicated on the agenda; and d) the collection of information reports. Location of Meeting of the Council 32) Until otherwise decided by the Council, the Council shall meet at the Council Chamber located at 46 Municipal Drive. Duties of Presiding Officer 33) The Presiding Officer shall: a) open the meeting of the Council by taking the chair and calling the Members to order; b) receive and submit, in the proper manner, motions properly presented by a Member; c) put to a vote a question that is moved and seconded or necessarily arises in the course of the proceedings and to announce the result of the vote; d) decline to put to a vote a motion which infringes upon the rules of procedure; e) restrain the Members, when engaged in debate, within the rules of order; f) enforce, on all occasions, the observance of order and decorum; g) call by name any Member persisting in a breach of the rules of order of the Council thereby ordering him or her to vacate the Council Chamber or the meeting; h) permit questions to be asked through the Presiding Officer of any official of the Municipality to provide information to assist any debate when they deem it proper to do so; i) provide information to Members on any matter touching on the business of the Municipality; j) inform the Council when necessary, or when referred to, on a point of order; and k) adjourn the meeting when the business is concluded. l) At the time of calling the meeting to order, the Presiding Officer may call for a moment of reflection. Call to Order of Meeting 34) As soon after the time appointed for the start of the meeting when there is a quorum present, the presiding officer shall take the chair and the Members shall be called to order. 35) If the Warden is not present within ten (10) minutes of the hour of a meeting, the Deputy Warden shall take the chair and the Members shall be called to order, or sooner if the absence is known. 36) If neither the Warden nor the Deputy Warden is in attendance within ten (10) minutes after the hour appointed for a meeting, the Council may appoint a person to preside from among the Members present. a) Same shall apply to committees if the chair and vice chair are not present 37) The Clerk shall record in the Minutes the names of the Members present and shall record in the Minutes the names of Members who arrive after the meeting has been called to order and the time of their arrival. 38) If there is no quorum present fifteen (15) minutes after the time appointed for the meeting, the Clerk shall call the roll and take down the names of Members present and the Council shall then stand adjourned. 39) For greater certainty, while presiding, the Presiding Officer shall have all the powers of the Warden under this Policy. Seating of Members 40) Seating of Members shall be in the order agreed to by the Council from time to time. Quorum for Meeting 41) A majority of the maximum number of persons that may be elected to the Council is a quorum for meetings of the Council. a) For a committee it is the majority of members appointed to the committee by Council. 42) Where there is a vacancy in the Council's numbers, the Council may decide if a quorum is present at the meeting. Persons seated at the Council Table 43) No person, except a Member or an officer of the Municipality, shall be allowed to sit at the Council table of the Council during the sittings of the Council without the express permission of the Presiding Officer. Placing Items on Desks 44) No person, other than a Member, the CAO, the Clerk, or the Municipal Solicitor shall, before or during a meeting of the Council, place on the desks of Members or otherwise distribute to Members any material whatsoever unless such person is so acting with the permission of the Clerk. 45) No external video or audio equipment shall be used to record a member of council without the express permission of the member. End of Meeting 46) No meeting shall generally extend beyond three hours unless otherwise rds. determined by a vote of two-thirds (2/3 ) of the Members present and voting. a) The presiding officer may exercise discretion to extend the meeting beyond three hours if they believe that the remaining items may be dealt with in a timely manner. Order of Business 47) The Order of Business shall be: a) Call to Order; b) Moment of silence or reflection c) Land acknowledgment statement; d) Emergency Resolutions e) Errors and Omissions and Corrections to the Minutes f) Correspondence g) Public Hearings h) delegations or presentations or petitions. i) Information Reports from staff; Standing Committees of the Council; Committees of the Council j) Business Items and Items Requiring Action k) Consideration of deferred business. l) items added to the agenda (emergency resolutions) m) Community Announcements n) Motions of the reconsideration o) Adjournment. Order of Business at Special Meeting of the Council 48) The Order of Business at a Special Meeting of the Council shall be: a) Call to Order; b) Moment of Silence or reflection c) Land acknowledgment statement. d) Approval of the listed order of business and approval of any additions thereto or deletions therefrom. e) Emergency Resolutions f) Consideration of the business for which the Special meeting was called in the order designated by the Presiding Officer; and g) adjournment. 49) If there are several items for consideration at a Special meeting, the Order of Business for a regular meeting of the Council shall be followed so far as is possible. Community Announcement and Acknowledgments 50) A Member may speak once for no longer than two (2) minutes to special announcements and acknowledgments at the time so specified in the Council agenda. 51) Community Announcements and Acknowledgments shall not be recorded but the Minutes shall reflect that Community Announcement and Acknowledgments were given, unless the acknowledgement is towards a group or person. Minutes 52) The Minutes shall record: a) the place, date and time of meeting; b) the name of the Presiding Officer and the record of the attendance of the Members; c) the reading, if requested, correction and adoption of the Minutes of prior meetings; and d) all resolutions moved, or moved and seconded, by a Member or Members e) mention of reports, petitions or other documents submitted to the Council.. 53) If there is any corrections made to minutes of the previous Council meeting or special council meeting presented at any regular meeting of the Council, the Member making it shall state the correction required, without comment, and if the Council does not object, the minutes shall be altered accordingly. 54) If all the Members present at such meeting do not agree to the proposed alteration or correction, a motion must then be duly made and seconded, to amend the minutes, to meet such correction, which shall then be debatable. 55) Where Minutes have been previously circulated to the Members, reading of such Minutes is not required unless a motion requiring such reading is adopted by the Council. 56) A resolution that the Minutes be adopted as if read shall be in order. 57) After the Minutes have been adopted, the Minutes shall be signed by the Clerk and the Presiding Officer. Request for Presentation 58) A request for a presentation shall be made to the CAO in writing, either by letter, fax or e-mail, and state the essence of the presentation to be made, any potential outcomes, and the desired body of Council to hear the presentation such as a particular Standing Committee. 59) On receipt of a request for a presentation, the CAO shall discuss with the Warden and/or the presiding officer of a committee to determine the appropriate disposition of the request. a) if the subject matter of the presentation is a matter which can be addressed by staff, refer the presentation to the appropriate department for review. b) determine that the Council will receive only written submissions on the matter; or c) If the subject matter of the presentation is a matter which is outside the jurisdiction of the municipality, refuse the request. 60) Unless otherwise determined by the Warden, the Presiding Officer and the CAO, or CAO designate, the presentation shall be placed on the Council or Committee agenda only if the presentation is in reference to an item of business before the Council or Committee or any matter within the jurisdiction of the Council or Committee. 61) Presentations which are placed on the agenda may be scheduled on an "as requested" basis, subject to the following criteria: a) a maximum of one (1) presentation shall be scheduled per meeting; b) each presentation shall deal with one topic only; c) each presentation shall consist of a maximum of two presenters; d) each presentation shall be allotted a maximum of ten (10) minutes; e) the topic of the presentation shall be relevant to the mandate of the body hearing the presentation and be timely; 62) After the presentation has been made, Members may ask questions of clarification of the presenters, but there shall be no debate of the subject matter of the presentation. 63) After questions of clarification, a Member may move a notice of motion on the topic of discussion from the presentation for consideration at a future meeting. 64) The presentation shall form part of the public record for the meeting. 65) A presenter, once heard or considered, shall not be entitled to be received or considered again on substantially the same matter for a period of six months from the date of its first hearing. Petitions and Communications 66) Every communication, including a petition designed to be presented to the Council, shall: a) be legibly written, printed, typed or delivered electronically; b) not contain any impertinent or improper matter or language; c) be signed by at least one person, or be received from an electronic address which clearly identified the person sending the communication; d) state the reasons for the communication and the remedy sought; and 67) A petition shall include: a) the date the petition was commenced; b) the name, civic address and either the telephone number or email address of the person(s) who started the petition; c) the name and civic address of every person who signed or electronically submitted their name to the petition. d) The content of all petitions submitted and accepted by the Council under this section shall be public information, including the names and addresses of those signing the petition. 68) The Clerk shall list on the agenda every petition which has been delivered to the Clerk not later than 4:30 pm on the Monday immediately preceding each regular meeting of the Council. 69) The Clerk shall arrange that the communication be placed before the Council unless, upon examination, the Clerk is of the opinion that it contains matter that is impertinent or improper in which case the person presenting the communication shall be advised that the document is not deemed in suitable form for presentation to the Council; provided that the decision of the Clerk in the matter may be appealed to the Council. 70) A petition shall be placed before Council by a Councilor who is the district Councilor, as determined by the Clerk, and if no Councillor wishes to bring the petition forward, the Clerk shall bring the petition forward to Council. 71) When a Member presents a petition to the Council, the Member shall acquaint the Council with its contents. 72) A petition or written communication to the Council on a subject already before a Committee of the Council may be referred to the committee without being presented to Council. 73) When the Council considers that the petition or communication requires an immediate reply, the matter contained therein may be discussed and disposed of forthwith. 74) When an individual wishes to be heard in respect of a petition before Council, any Member may move a motion that the member of the public be heard. Motions 75) A point of order or personal privilege may be introduced without written notice and without leave. 76) The following motions may be introduced without notice: a) a motion to adjourn; b) a motion to call for the question c) a motion to refer; d) a motion to table or to defer; e) an amendment to a motion; f) a motion to suspend a rule of procedure; g) a motion to convene In-Camera (in private) h) any other procedural motion. Order of Consideration of Motions 77) When a question is under consideration, no motion shall be received except for: a) a motion to refer; b) a motion to amend; c) a motion to table; d) a motion to defer; e) a motion to call for the question; f) a point of order; or g) a motion to close debate at a specified time. 78) Procedural motions shall be considered immediately upon being made and are subject to debate as follows: a) non-debatable: i) to extend the time of the meeting; ii) to call for the question; b) debatable: i) to refer; ii) to defer certain portions; iii) the date when the matter should be brought back before the Council. iv) any other procedural motion; v) a motion to convene In Camera (in private); Motion to Refer 79) A motion to refer, until it is decided, shall preclude an amendment to the main question. 80) A motion to refer is debatable but only with respect to the desirability of referring to the motion. 81) A motion to refer shall not be put to a vote until all Members listed to speak on the motion proposed to be referred have been given the opportunity to ask any questions or raise any issues they wished considered. Motion to Amend 82) A motion to amend: a) shall be decided upon or withdrawn before the main question is put to a vote and before a further amendment to the question is considered. b) shall be relevant to the question; and c) shall not propose a direct negative to the question. 83) A motion to amend that the mover of the original motion agrees is a friendly amendment, is not required to be put to vote. 84) A motion to appoint a person to an office shall preclude any amendments. Motion to Table 85) A motion to table a question is not debatable. 86) The matter tabled shall not be considered again by the Council until a motion has been passed to take up the tabled question at the same meeting or a subsequent meeting of the Council if time does not allow for it to be dealt with at the same meeting. 87) A motion to take up a tabled question is not subject to debate or amendment. Motion to Defer 88) A motion to defer shall be debated only with respect to the desirability of deferring consideration of the motion. 89) A motion to defer shall not be put to a vote until all Members listed to speak on the motion proposed to be deferred have been given the opportunity to ask any questions or raise any issues they wished considered. 90) A motion that is deferred and not considered by the Council for six (6) months shall be deemed to have been withdrawn. Motion to Adjourn 91) A motion to adjourn shall always be in order, except when a when a member is speaking, during a vote, during the verification of a vote; immediately following the affirmative resolution of a motion to call for the question; 92) A motion to adjourn does not require a seconder; and is not debatable. 93) A motion to adjourn that is made without qualification, and if carried, brings a meeting or session of the Council to an end; or made to adjourn to a specific time or to reconvene upon the happening of a specified event, suspends the meeting of the Council to continue at that time. 94) A motion to adjourn when resolved in the negative, shall not be made again until after some intermediate proceedings have been completed by the Council. 95) At the conclusion of all agenda items the chair shall call the meeting adjourned without need for a motion to adjourn. Motion to Call for the Question 96) A motion to call for the question does not require a seconder and is not debatable; 97) A motion to call for the question shall not be amended; and shall not be proposed when there is an amendment under consideration. 98) A motion to call for the question shall be determined by a majority vote of the Members present and voting and if resolved in the affirmative, the main motion shall be put immediately without further amendment or debate. 99) When a motion to call for the question is resolved in the negative, then the main motion under consideration may be further amended and debated. Motion of Reconsideration 100) The intent of reconsideration is to allow the majority of the assembly to bring back for further discussion a motion which has already been voted on. 101) The purpose of reconsideration is to permit correction of a hasty, ill-advised or erroneous action, or to take into account additional information or a changed situation that has developed since the taking of the vote. 102) After a matter has been decided, a Member who voted with the prevailing side, one who voted aye if the motion was passed and one who voted nay if the motion was lost, may put forward a motion of reconsideration before the adjournment of the meeting at which the same was decided. 103) Notice of motion is not required as the motion to reconsider must be put forward and seconded at the same meeting at which the matter was decided. 104) A motion of reconsideration must be seconded, at which time it is owned by the Council and cannot be withdrawn except by the agreement of the Council. 105) The seconder to the motion can be any member regardless of how they voted on the original motion. 106) The motion of reconsideration that is held over to another meeting shall be the first order of business at the next meeting of the Council, including a special meeting called to hear the motion, immediately after the consideration of the Minutes and before any other business is considered. 107) The Council may, with a vote of two-thirds (2/3) of the Members present and voting, agree to take up the motion of reconsideration at the same meeting in which the matter was decided. 108) At the time when the motion of reconsideration is taken up by the Council the mover of the motion, or in the Member's absence any other Member on the Members behalf, may briefly state the reasons for reconsideration and reconsideration shall be put to a vote without further debate. 109) No question may be reconsidered more than once nor shall a vote to reconsider be reconsidered. 110) If the motion to reconsider is carried, the question to be reconsidered shall be read again. 111) The question to be reconsidered is debatable as to the merits of the question to be reconsidered but is not amendable, as the question to be reconsidered is the same question put before the Council previously. 112) A majority of the Members present and voting is required to carry the motion. 113) No motion of reconsideration shall be allowed regarding a motion approving all or part of the annual budget of the Municipality or a motion authorizing legal proceedings. 114) A motion of reconsideration shall have the effect of delaying or impeding any action necessary to give effect to the motion to be reconsidered and no action shall be taken on that motion until such reconsideration has been disposed of. Motion of Rescission 115) The purpose of a motion of rescission is to allow the Council to change an action previously taken or ordered. 116) A motion of rescission cancels or countermands a previous action or order has the effect of striking out an entire main motion, resolution, rule, section, or paragraph that has been adopted at some previous time. 117) A motion of rescission may only be taken regarding a matter that has been decided in the affirmative. 118) If a motion of rescission is defeated, no other motion to rescind shall be made within twelve (12) months, except with the consent of two-thirds ) (2/3 of the Members. 119) A motion of rescission is not in order in a) respect to the adoption or amendments of a by-law or a planning document; b) in respect of an appeal; c) in respect of a matter that has previously been moved to be reconsidered; or d) if something has already been done as a result of the vote on the matter that is impossible to undo such as a document has already been executed. 120) A motion of rescission is not required to cancel or countermand a previous action or order if such action or order was passed before the most recent ordinary municipal election. 121) A motion of rescission shall not be made at the same meeting when the matter is decided but may be put at any subsequent meeting. 122) A motion of rescission may be put by any Member regardless of how the Member voted on the original matter. 123) At a subsequent meeting of the Council, the giver of such notice, or in that Member's absence any other Member on the Member's behalf, may put forward the motion of rescission. 124) A motion of rescission must be seconded. 125) A motion of rescission is debatable as to the merits of the question which is proposed to be rescinded. 126) A motion of rescission is amendable. 127) A motion of rescission shall be passed by a vote of two-thirds (2/3 rds) of the Members present and voting. Requirement for Seconder for Motion 128) Except for a motion to adjourn or a motion to call for the question, all motions shall be seconded before being debated or voted on. 129) At the time the motion is made, the mover may speak for not more than five minutes in order to explain the motion and the reasons for making it. 130) When a motion is seconded, it may be read before debate, if requested. 131) After a motion is moved and seconded, it shall be deemed to be in possession of the Council but may be withdrawn by the mover at any time before the question is put with the permission of the Council. Reading of Motion 132) Every motion shall be read or stated except in the cases provided for by the rules of the Council. 133) When reading motions which have been distributed or printed in the Agenda, recitals need not be read. 134) No Member shall speak to any motion until it is first read or stated from the Presiding Officer. 135) With the consent of the mover, the Presiding Officer may waive the reading of a motion arising from the recommendation set out in the staff report on the matter. 136) A Member may require the question or motion under discussion to be read at any time during debate, but not so as to interrupt a Member while speaking. Motions Not Within Jurisdiction of the Council 137) A motion in respect of a matter which is not within the jurisdiction of the Council shall not be in order. Motion Contrary to the Rules 138) Whenever the Presiding Officer is of the opinion that a resolution is contrary to the rules and privileges of the Council, the Presiding Officer shall apprise the Members thereof immediately, before putting the question, and shall cite the rule or authority applicable to the case without argument or comment. Determining Speaking Priority 139) When two or more Members desire to speak to a matter the Presiding Officer shall settle the priority. 140) A motion may be made that a Member who wishes to speak "be now heard" or "do now speak", which motion shall be put without debate and if carried, such Member shall be allowed to speak immediately. Presiding Officer Entering Into Debate 141) If the Presiding Officer desires to take part in the debate, the Presiding Officer shall leave the chair and in such case shall call on vice chair or one of the Councilors to take the chair. The Presiding Officer shall not return to the chair before the vote is taken on the motion. 142) Except as set out above, or to provide information on any matter before the Council, or to give reasons for deciding a point of order, the Presiding Officer shall not take part in debate. DECORUM AT MEETING OF THE COUNCIL 143) No Member shall: a) use offensive or unparliamentary language or speak disrespectfully of anyone while in the Council; b) speak to a matter or a question other than the matter or the question in debate; or c) reflect upon any vote of the Council except for the purpose of moving in accordance with the provisions hereof, that the question be rescinded or reconsidered. d) If a Member resists the rules of the Council, willfully obstructs the business of the Council or disobeys the decision of the Presiding Officer, or of the Council on appeal, on any question of order or practice or upon the interpretation of the rules of the Council after being called to order by the Presiding Officer the Member may i) for an in-person participant, be ordered by the Council by a majority vote to leave the Member's seat for that meeting; or ii) for a virtual participant, be ordered by the Council by a majority vote to leave the meeting. 144) If the Member refuses to i) leave their seat, the Presiding Officer may order the Member removed therefrom by the police; ii) leave the meeting, order the Clerk to disconnect the Member if virtual; 145) In case of ample apology being made, the Member may, by vote of the Council, be permitted forthwith to retake their seat, or remain in or reconnect to the meeting. 146) A Member shall, upon being recognized by the Presiding Officer, address only the Presiding Officer. 147) When a Member is speaking no other Member shall interrupt, except to raise a point of order. 148) The Presiding Officer shall preserve order and decide any point of order. 149) When a Member rises on a point of order, the Member shall ask leave of the Presiding Officer to raise a point of order and, if leave is granted, shall state the point of order to the Presiding Officer and then remain silent until the Presiding Officer shall have stated and decided the point of order. 150) Thereafter, a Member shall only address the Presiding Officer for the purpose of appealing to the Council about the Presiding Officer's decision. a) If no Member appeals, the decision of the Presiding Officer shall be final. 151) The Council, if appealed to, shall decide the question: "Shall the decision be sustained?" without debate and its decision shall be final. 152) A Member called to order shall immediately stop speaking, but may afterwards explain, and the Council, if appealed to, shall decide the same without debate. a) If there be no appeal the decision of the Presiding Officer shall be submitted to by the Member. Speaking to Question 153) No Member shall speak more than twice to the question without leave of the Presiding Officer, except in explanation of a material part of their speech which may have been misconceived and in doing so the Member is not to introduce a new matter. 154) A Member shall not speak the first time for more than five (5) minutes. 155) No Member shall, without leave of the Presiding Officer, speak a second time to the same question or in reply for longer than two (2) minutes. 156) A Member who has made a substantive motion shall have the right to speak a second time for no more than two (2) minutes in reply and sum up in closing the debate. 157) No Member shall, without leave of the Presiding Officer, speak more than two (2) minutes on an amendment to a motion. 158) When the Presiding Officer calls for the question no Member shall walk across or out of the room or speak to any other Member or make any noise or disturbance. 159) A Member not in their seat shall not be entitled to vote. 160) A Member may ask a question of the Presiding Officer for the purpose of Obtaining information relating only to the item or matter under discussion, No Member shall speak longer than two (2) minutes when putting a question pursuant to this section. 161) The members by majority vote may allow a member to speak more than twice on any motion; however, the member shall not be entitled to speak for more than two (2) additional minutes. 162) When enquiries are provided for on the agenda or a specific item is under discussion, enquiries may be made of the Presiding Officer, or through the Presiding Officer to any Member or to an Officer, concerning any item or matter connected with business of the Municipality but no argument or opinion is to be offered or facts to be stated except so far as may be necessary to explain the enquiry, and in answering any such question a Member is not to debate the matter. Silence During Reading of Minutes 163) During the reading of Minutes, a report, communication or other paper, and when a Member is addressing the Council, silence shall be observed and no one shall be allowed to retire or otherwise disturb the meeting. 164) When the question under consideration contains distinct propositions, upon the request of any Member, the vote upon each proposition shall be taken separately. Method of Voting in Meetings Other than Meetings of the Council 165) The Presiding Officer shall determine whether the vote shall be taken orally or by show of hands. 166) If the vote shall be taken orally or by show of hands, before the question is decided or immediately after the question is decided, a Member may require that the vote be a recorded vote of the Members present and voting. 167) When a vote is taken orally, and no dissent is declared, the vote shall be deemed to be unanimously in favour of the motion. Member Required to Vote 168) Every Member shall vote when a question is put unless the Member is disqualified by the Municipal Conflict of Interest Act. 169) A Member who fails or refuses to vote shall be recorded as having voted in the negative. Declaring Vote 170) After any question is put by the Presiding Officer, no Member shall speak to the question nor shall any other motion be made until after the result of the vote has been declared. 171) The decision of the Presiding Officer as to whether the question has been put shall be conclusive. Disputing Declaration of Vote 172) If a Member disagrees with the declaration of the Presiding Officer that a question is carried or lost, the Member may object to the declaration and require a recorded vote to be taken but shall do so only immediately after the declaration by the Presiding Officer. In Camera (in Private) Meeting of the Council or Committee 173) Where Council, or a committee of the Council meets In Camera (in Private) to discuss any items designated in the Municipal Government Act the Clerk shall list such items at the end of the agenda of regular meetings of Council. Agenda for In Camera (in Private) Meeting of Council 174) In Camera (in Private) agenda items shall be identified by the type of matter to be discussed, with additional information, where possible, to further identify the item but not as to disclose the confidential information. 175) A brief description or summary of the subject matter of the items to be discussed In Camera shall be made available to the Council no later than the commencement of the Council meeting at which time such items are intended to be discussed In Camera (in Private). Such a summary shall identify the reason In Camera (in Private) discussion is warranted. 176) At least seventy-two (72) hours' notice of an In Camera (in Private) meeting of a committee of the Council shall be given to the Members of a committee, and, wherever possible, an agenda shall be provided to the Members in advance of the meeting. Moving In Camera (in Private) 177) The Council may, at the request of one or more of its Members, and with the agreement of the majority of the Members present and voting, agree to enter into In Camera (in Private) discussions without meeting the requirements set out in sections 101 and 102, provided that the request is supported by information which explains a legitimate reason for the necessity of In Camera (in private) discussions taking place. Minutes of In Camera (in Private) Meeting 178) Minutes of In Camera (in private) meetings shall be taken by the Clerk and kept in the Office of the Clerk. 179) The Minutes of In-Camera (in private) meetings shall be approved at a regular meeting of the Council or Committee, along with the regular minutes of the same meeting. Any changes required to the In Camera meeting minutes (in private) shall be made during an in-camera. 180) In-camera minutes are not considered to be of public record. The release of minutes shall be in accordance with the Municipal Government Act. 181) Recommendations resulting from discussions taking place in the In-Camera (in private) meeting shall be brought forward as an added item for approval by the Council in open session immediately following dissolution of the In Camera (in private) session and the rules of procedure will apply to the adoption of such recommendations, provided that the motion to adopt a recommendation shall not be debated. 182) Staff reports submitted to In Camera (in private) Meetings of the Council and details of the Matters discussed at and the Minutes kept of such meetings, except background information, shall be maintained by the Clerk as confidential information unless the Council determines that the information or any part thereof be made available to the public. 183) Roberts Rules of Order shall be used to determine any procedural matter not considered by this policy. 184) All former policies with respect to Council meetings and proceedings are hereby repealed including Policy #99-04-02 Council Meeting Policy and 990403 Council Proceedings Policy.