WHEREAS under Section 47 (1) of the Municipal Government Act (1998), Council shall make decisions in the exercise of its powers and duties by resolution, by policy or by by-law;

AND WHEREAS in the Municipal Government Act (1998), within the following Sections, Council may determine procedures for the specified areas,

(a) Section 19 refers to Council meetings
(b) Section 20 refers to Quorum of Council
(c) Section 21 refers to Voting at a Council Meeting
(d) Section 22 refers to Open Meetings and Exceptions;

NOW THEREFORE, the Council of the Municipality of the District of Shelburne, in open meeting assembled, enacts as follows:

1. Title

This Policy may be cited for all purposes as the “PROCEEDINGS OF COUNCIL POLICY”.

Part I – GENERAL

2. Interpretation

In this Policy, unless the context requires otherwise:
“MUNICIPALITY”	means Municipality of the District of Shelburne
“WARDEN”	means the Warden of the Municipality of the District of Shelburne.
“CHAIR”	means the Warden or a Councillor while acting as Warden.
“CHIEF ADMINISTRATIVE OFFICER”	means the person duly appointed as such from time to time and includes any person appointed or designated by the Chief Administrative Officer to act on his/her behalf.
“CLERK”	means the person duly appointed as such from time to time, and includes his/her lawful deputy.
“DECLARATION”	means that as soon as practicable after the commencement of the meeting disclose the interest and the general nature thereof as per Section 6 of the Municipal Conflict of Interest Act.
“COUNCIL”	means the Council of the Municipality of the District of Shelburne.
“MAJORITY VOTE”	means more than one half of votes cast by persons legally entitled to vote, unless the context indicates otherwise.
“MEMBER”	means a member of the Council.
“NOTICE BOARD”	means the notice board at the Municipal building.

3. Council a Continuing Body

3.1	The Council is, and has been since incorporation, always continuing and existing, notwithstanding a change in its membership.
3.2	The Council, after being sworn in, may take up and carry on to completion all proceedings announced but not completed prior to its swearing in.

4. Quorum

4.1	A quorum of Council shall be a majority of the maximum number of persons that may be elected to the Council. Four or more Council members is a quorum for every meeting of the Council.

5. Warden – Appointment

5.1	At the first meeting of the Council in a regular election year or when the office of Warden becomes vacant, Council shall from amongst its members appoint, by resolution, a person to serve as Warden of the Municipality.
5.2	At the first meeting of the Council in a regular election year or when the office of Deputy Warden becomes vacant, the Council shall from amongst its members appoint, by resolution, a person to serve as Deputy Warden and shall fulfill the responsibilities of the Warden in his/her absence.
5.3	In the event that the Warden and Deputy Warden are not present at the time appointed for a meeting, the Chief Administrative Officer shall call the members to order and, if a quorum is present, the members shall choose an Acting Warden who shall preside during the meeting or until the arrival of the Warden or Deputy Warden.

6. Council Inaugural Meeting

6.1	The Council shall meet on the fourth Monday after November 1st in an election year for its inaugural meeting, and the meeting shall normally be held after 5:00 pm in the Council Chambers, third floor of the Municipal Administration Building, #136 Hammond Street, Shelburne.

7. Notice and Agendas for Regular Meetings of Council
(Council, Committee of the Whole and Audit & Program Services (APS) Committee)

7.1	By Thursday, 12:00 noon before a regular meeting of Council, the Clerk must give public notice of the time, place and date of the meeting by way of a notice posted on the notice board.
7.2	By Thursday, 12:00 noon before a regular meeting of Council, the Clerk must post a copy of the agenda on the notice board, and inform Councillors of the agenda.
7.3	By Thursday, 12:00 noon before a regular meeting of Council, the Clerk must place a copy of the agenda package for each member of Council in each member’s mail slot at the Municipal Office.
7.4	Prior to each Council meeting, the Clerk shall prepare an Agenda setting out all items for consideration at that meeting, noting in short form a summary of each respective item.
7.5	All reports from Municipal staff shall be introduced to Council by way of a Staff Report and the report shall include a synopsis of the information relating to each item under consideration, and staff’s recommendations on that item.
7.6	The deadline for the public to submit items to the Clerk for inclusion on the Council meeting Agendas shall be 12:00 noon on the Monday preceding the meeting.
7.7	Only those matters included on the agenda shall be considered or dealt with at the Council meeting unless a new matter for consideration is properly introduced as an added item.
7.8	The Agenda for a Council meeting shall have attached to it copies of all pertinent communications, reports, resolutions and by-laws to be considered at the meeting.

8. Location and Time of Regular Meetings of Council
(Council, Committee of the Whole and Audit & Program Services (APS) Committee)

8.1	(a)	Regular meetings of Council shall be held every fourth Monday of the month except for those occasions where Council is away at the Federation of Canadian Municipalities (FCM) or Union of Nova Scotia Municipalities (UNSM) conventions, or if the majority of Council are away for any unforeseen reason.
	(b)	Committee of the Whole shall be held the second Monday of the month.
	(c)	Audit and Program Services (APS) shall be held the last Wednesday of the month.
8.2	Meetings of Council shall convene at 5:00 pm in the Council Chambers at the Municipal Office in Shelburne, Nova Scotia.
8.3	Regular meetings of Council may be rescheduled, relocated or cancelled by resolution or consensus of Council or Committee of the Whole at a previous meeting three (3) or more days in advance of the meeting; or by the Chief Administrative Officer on behalf of the Warden, owing to unforeseen circumstances, provided the Warden confirms that the majority of Council members support such an action.

9. Attendance of Public at Meetings

9.1	Except where the provisions of Section 22 of the Municipal Government Act apply, all Council meetings and meetings of committees appointed by Council shall be open to the public.
9.2	Where Council wishes to close a meeting to the public, it may do so by adopting a resolution in accordance with Section 22 of the Municipal Government Act.
9.3	This section applies to all meetings of Council or Committees to discuss matters relating to:
	(a)	acquisition, sale, lease and security of municipal property;
	(b)	setting a minimum price to be accepted by the municipality at a tax sale;
	(c)	personnel matters;
	(d)	labour relations;
	(e)	contract negotiations;
	(f)	litigation or potential litigation;
	(g)	legal advice eligible for solicitor-client privilege;
	(h)	public security

Part II – MEETINGS

10. Opening Procedures

10.1	At the hour set for a meeting to commence, and provided that a quorum is present, the Chair shall call the meeting to order.
10.2	Should there be no quorum present within fifteen (15) minutes after the time appointed or a meeting to commence, the Clerk shall record the names of the members present and the Chair shall adjourn the meeting.
10.3	If a Council meeting is adjourned under Section 10.2, then the next meeting of the Council shall be held at a date and time specified by the Chair.

11. Order of Business

11.1	In preparing the Council Agenda, the Clerk shall state the business for consideration of the Council in accordance with the following headings: Call to Order Blessing Proclamations Approval of Minutes Approval of Agenda Presentations Public Hearing Members of Council Staff Reports Committee Reports Information & Other Reports Added Items “In Camera” Meeting Regular Council Reconvened, if necessary Adjournment
11.2	In preparing the Committee of the Whole Agenda, the Clerk shall state the business for consideration of the Council in accordance with the following headings: Call to Order Approval of Minutes Approval of Agenda Presentations Members of Council Staff Reports Committee Reports Information & Other Reports Added Items Adjournment
11.3	In preparing the Audit and Program Services Agenda, the Clerk shall state the business for consideration of the Council in accordance with the following headings: Call to Order Review of Meeting Notes Review of Agenda Presentations Staff Reports Committee Reports Added Items Adjournment
11.4	Notwithstanding the provisions under Sections 11.1-11.3, it shall always be in order for the Council to vary the order in which business on the Agenda shall be dealt with by a majority vote of the members present.

12. Petitions

12.1	Persons wishing to present a petition to Council shall file a copy of the petition with the clerk before 12:00 noon on the Monday prior to the meeting of council at which it is proposed to be presented.
12.2	The clerk shall circulate a copy of any such petition to each councillor before the meeting at which it is proposed to be presented.
12.3	The body of the petition itself, excluding the list of names, shall, if determined by the chair to be practical, be read by the clerk on behalf of the group supporting the petition. No petition shall be presented which, in the opinion of the clerk and the chair, contains impertinent or improper matter.
12.4	No persons shall be permitted to speak, whether supporting or opposing the petition, unless the petition comes up for discussion which shall be at the next regular meeting of council unless council decides according to the rules to hold a special meeting of council for that purpose.

13. Appearing before Council

13.1	Any individual or group wishing to address Council/Committee shall give notice not less than 10 days prior to the meeting at which the delegation wishes to appear and shall submit its presentation in writing to the Municipal Clerk for distribution with agenda package.
13.2	Issues coming before Council must be of a global municipal nature. If the topic is of a localized nature or is service specific, the delegation will be directed and heard at the appropriate Standing Committee of Council. The clerk and chair will determine whether it is a topic to be heard by Council and, if so, advise of a date and time for the presentation.
13.3	Only two (2) delegations will be heard at any Council meeting.  In extra-ordinary or emergency circumstances only, and with the approval of the clerk and chair, will there be more than two delegations at a regular Council meeting. Any approved delegation that fails to submit the required documentation within the specified time limits may be deferred to another date. Delegations with exceptional issue or an issue deemed to be of an emergency nature may be granted a special meeting; this decision is at the discretion of the clerk and chair.
13.4	When a delegation or petitioner on behalf of a petition is recognized and afforded an opportunity to speak, the warden or chairperson of the meeting will request the spokesperson to come forward from the gallery to present the submission.
13.5	A delegation is encouraged to have only one speaker who will be limited to a 15 minute presentation followed by a 10 minute question period. The Clerk shall make presenters aware of this time frame when scheduling presentations.
13.6	If a group appears before a Committee, they will not be entitled to appear at Council to speak on the same issue.
13.7	Questions from members of Council/Committee may follow the presentation. No questions from Council shall be personal in nature. No member shall interrupt any member while speaking except to ask an explanation or ask leave to explain or to raise a point of order.
13.8	No decision shall be made by Council during the meeting at which a delegation is heard. The matter shall be referred to the clerk in order that any additional information, which may be required can be gathered and prepared The matter may then be placed on the order of business of a future meeting for the consideration and appropriate action of council.

14. Order and Decorum

14.1	If any member uses insulting or improper language to the chair or any member and refuses to apologize when so directed by the chair, or wilfully obstructs the conduct of business, and refuses to desist when called upon to do so by the chair, that member may he ordered by the chair to retire from the council for that meeting
14.2	Any member so removed, on making an apology to the chair and to any member who has been insulted, may, by a simple majority vote of the council, be permitted to return.
14.3	An appeal shall lie to the council from any decision of the chair ordering a member to retire from the council for that meeting. Such right of appeal is still available until the member is removed from the meeting by the police.
14.4	Any person interfering with the business of the council or acting in a disorderly manner may, upon the order of the chair, be asked to leave the council chamber or if refused be removed by the police.

15. New Business

15.1	A Council member desiring to bring any new matter before Council, other than a point of order or a point of privilege, or a matter of a purely informational nature, may do so under “Added Items” during the approval of the agenda.
15.2	A member of Council bringing forward any new matter under Section 15.1 shall do so by way of motion. The Chair may determine that consideration of the new matter requires further information than is available at the meeting, in which case the Chair may deem the item to constitute a “Notice of Motion”.

16. Notice of Motion

16.1	Any Council member may give “notice of motion” respecting an item which he intends to present by giving a copy of such motion to the Clerk during a meeting of the Council and upon the member being acknowledged by the Chair and the notice of motion being read to the meeting.
16.2	A copy of the motion presented under Section 16.1 shall be distributed to each Council member and shall appear in the minutes of that meeting as a “Notice of Motion”. The Clerk shall place the motion on the Agenda of the next Council meeting or future meeting designated by the member bringing forward the notice of motion for consideration.

Part III – MINUTES

17.	Adoption and Distribution
17.1	The Clerk shall distribute a copy of all minutes of Council meetings to each member of Council in the next agenda package.
17.2	Minutes of a given meeting shall be adopted at the next Council meeting. Once adopted, all minutes shall be signed by the Chair who presided at the meeting and by the Clerk.

Part IV – RULES OF ORDER AND DEBATE

18. Decorum in Debate

18.1	Every Council member who wishes to speak to any question or motion shall raise their hand, wait to be recognized by the Chair, and shall address themselves to the Chair.
18.2	Members of Council shall address the Chair as “Mr. Warden”, “Madame Warden”, or “Mr. or Madame Chair” as the case may be, and shall refer to each other as “the Warden” or “Councillor ________ “ as the case may be.
18.3	Members of staff shall be addressed as Mr., Mrs., or Ms. or else shall be referred to by their official title.
18.4	When two or more Council members desire to speak at the same time, the Chair shall name the member who shall have the floor.
18.5	No Council member shall speak a second time to the same question as long as any member who desires to speak has not spoken to that question.
18.6	Any questions addressed to staff shall be put through the Chair to the Chief Administrative officer who shall refer the matter to the appropriate staff representative.

19. Authority of the Chair

19.1	The Chair may call any Council member to order while that member is speaking. A member of Council may also rise on a point of order and request that a member be called to order.
19.2	When such action is taken, the Chair shall immediately suspend the debate, and the Council member in question shall refrain from speaking until the point of order is determined by the Chair, whose ruling is subject to an appeal by the Council members.
19.3	When an appeal is made from the decision of the Chair, the Chair shall simply put the question, “Shall the decision of the Chair be sustained?”
19.4	No Council member shall speak to any matter other than the question in debate or reflect upon any vote of the Council except for the purpose of moving that such vote be rescinded.
19.5	No Council member shall resist the rules of the Council nor disobey the decision of the Chair on points of order or practice, or upon the interpretation of the rules of the Council.
19.6	Should any Council member resist or disobey the decision of the Chair, the Chair subject to the appeal of the Council members may order the member in question to leave his/her seat for that meeting. Refusal to obey such an order authorizes the Chair to take the necessary steps and force to have the order followed.
19.7	In the event of satisfactory apology being made by the offending member, the Council may, by vote of the majority, permit the member to resume their seat.
19.8	When the Chair is putting a question, no Council member shall walk out of the room.
19.9	When a Council member is speaking, no other member shall hold discourse, which may interrupt the speaker except to raise a point of order.
19.10	Any Council member may, by right, require the question under discussion to be read for his/her information at any period of the debate, but shall not do so as to interrupt a member speaking.
19.11	After a question is finally put by the chair, no member shall speak to the question, nor shall any other motion be made until after the result of the vote has been declared.
19.12	No member shall permanently leave the Council Chambers before the close of a meeting without the acknowledgment of the chair.
19.13	Persons who are not Council members or officers or employees of the Municipality shall observe silence and order in the Council Chambers, unless given permission to speak. The Chair shall call any such persons disturbing the proceedings of Council to order and, if they fail to comply, they shall be ordered, by the Chair, to be expelled and excluded from the Council Chambers.

20. Voting

20.1	Whenever a vote of the Council is taken for any purpose, each member present and voting shall signify their vote upon the question, openly the Chair shall declare the motion carried or defeated as the case may be and if necessary request that he/she openly and individually signify their vote.
20.2	A member of Council who fails or refuses to vote on a question before Council is deemed to have voted in the negative.
20.3	In the event of a tie vote on a question, the question before Council is determined in the negative.
21.	Recorded Votes
21.1	Should a Council member call for a recorded vote prior to the vote on a question being taken, the names of those who vote for and those who vote against the question shall be entered on the minutes and the Warden shall read aloud the names and the outcome of the vote.
21.2	No vote shall be taken in a Council meeting by ballot or by any other method of secret voting, except at the first meeting of the Council in a regular election year or when the office of Warden or Deputy Warden becomes vacant, Council may use a secret ballot to fill these positions.
21.3	Council members who are in the room shall always take their places when a vote is called for, and shall not leave until the vote has been taken.

PART V – MOTIONS

22. Mover and Seconder

22.1	Every motion shall be recorded in writing by the Clerk and shall be seconded before being debated or put from the Chair. It is not necessary to include the names of mover and seconder in the minutes.

23.1	When any motion is under consideration, no other motion shall be received except a motion to:
	amend the original motion; refer the question, including the motion and amendment if one is moved, to any committee; defer the consideration of the question either indefinitely or to a specific time; close the debate at a specific time; that the question be put to a vote; adjourn.

24. No Debate

24.1

The following questions shall be decided without debate:

a motion to reconsider; all motions as to priority of business or as to the suspension of the order of the day; application to speak more than the prescribed number of times; a motion to allow any person other than the Council members to address the Council; a motion to postpone to a specific time or day; a motion to lay on the table when claiming a privilege over another person; and a motion to adjourn.

25. Amendments

25.1	A Council member may move that a motion be amended in one of the following ways:
	(a) by “adding” certain words, or (b) by “striking out” words or paragraphs, or (c) by “striking out” certain words and inserting others.
25.2	When a Council member moves to amend a motion, the Chair shall state the original motion followed by the amendment and then shall propose the question on the amendment to Council.
25.3	When the question on the amendment is resolved, the Chair shall again propose the main question and debate or other amendments may be submitted.

26. Robert’s Rules of Order

26.1	Robert’s Rules of Order shall govern all the proceedings of the Council, unless otherwise stated in this policy.

Clerk’s Annotation For Official Policy Book

Date of Notice to Council members of Intent to Consider

(7 days minimum): November 8, 2010
Date of Passage of Policy:  November 22, 2010