Office Consolidation of By-law 2019-001 as amended by the following by-laws 2019-140, 2019-179, 2019-187, 2020-027, 2020-129, 2020-166 & 2021-030

Corporation of the Township of Russell

By-Law 2019-001

BEING A BY-LAW TO DEFINE THE MANDATE AND MEETING PROCEDURES FOR COMMITTEES ESTABLISHED BY THE CORPORATION OF THE TOWNSHIP OF RUSSELL

WHEREAS The Ontario Municipal Act, 2001, S.O. 2001, c. 25 (Municipal Act) under Sections 9 to 11, provide broad powers to municipalities to establish By-laws to govern the structure of the municipality and its local boards; and

WHEREAS The Municipal Act, further provides the authority to provide for accountability and transparency of the municipality and its operations and of its local boards and their operations, including but not limited to the health, safety and well- being of persons, services and protection of persons and property, including consumer protection; and

WHEREAS The Corporation of the Township of Russell wishes to establish a Committees’ By-law, which set out the rules and procedures under which all Council Committees are to conduct business; and

WHEREAS all Committees established by The Township of Russell shall conduct their meeting procedures in the same manner as established under The Township’s Procedural By-law in effect; and

WHEREAS Committees of Council shall be comprised of both Members of Council and individual people residing in our Township, now therefore be it

RESOLVED That the Council of The Township of Russell enact the following:

1. Short title

This By-law shall be known as ‘The Committees’ By-law’.

 

ARTICLE II DEFINITIONS
2. Definitions

  • 2.1 Ad Hoc Committee means a Committee established for a particular purpose or special project defined with a start and finish date.
  • 2.2 Committee means a Standing, Statutory, Sub-Committee or Ad-Hoc Committee established by Council.
  • 2.3 Geographic Locations shall mean the communities of Embrun, Russell, Limoges and Marionville.
  • 2.4 Local Board means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority.
  • 2.5 Standing Committee shall mean an advisory body to Council to consider policy matters regarding Administration, Finance, Planning, Environmental, Public Works, Parks Recreation, Police and Fire Services and on any other matter to which the Council shall deem it necessary.
  • 2.6 Statutory Committee means Committees established pursuant to a specific enabling statute such as, but not limited to:
    • 2.6.1 Committee of Adjustment established pursuant to the Planning Act,
    • 2.6.2 Property Standards Committee established pursuant to the Building Code Act,
    • 2.6.3 Municipal Election Compliance Audit Committee established pursuant to the Municipal Elections Act; and

Any other body established pursuant to any enabling legislation servicing at an arms-length or Quasi-Judicial capacity on behalf of or in cooperation with the Township of Russell.

ARTICLE III RULES OF PROCEDURE
3. Rules of Procedure

  • 3.1 All Committees appointed by the Council, shall conduct its meetings under the rules and regulations set out within the current Council’s adopted Procedural By-law this Committee’s By-law and its parliamentary authority.
  • 3.2 The rules of procedure outlined in Council’s Procedural By-law may not be suspended, unless the rule specifically provides for its own suspension.
  • 3.3 If the rule specifically provides for its own suspension, the rules of this By- law may be suspended by a 2/3’s vote of the Committee Members who are present and voting.
  • 3.4 Questions of procedures that cannot be resolved by the Committee upon the advice of the Staff Liaison to the Committee shall be referred to the Municipal Clerk for interpretation and clarification.

ARTICLE IV COMMITTEE APPOINTMENTS
4. COUNCIL

  • 4.1 Members of Council, in consultation with the Mayor, shall be selected and appointed to the various Committees by By-law.
  • 4.2 The Mayor shall designate the Members of Council to serve as chair and vice-chair (when applicable) to Standing Committees.
  • 4.3 All Members appointed to a Standing Committee, including the Chair and Vice-Chair are entitled to one vote.
  • 4.4 Any Member of Council, not appointed to a Standing Committee, may at any time, attend committee meetings as an observer but is not entitled to vote nor participate in any of the Committee’s discussions.
  • 4.5 Council representatives serve for the term of Council and may be reviewed after 24 months, unless decided otherwise.
  • 4.6 Council’s Role on Committees
    • 4.6.1 Members of Council shall be voting Members on the Committee(s) to which they have been appointed.
    • 4.6.2 Members of Council shall serve as a communication channel to Council and report back to Council on important committee activities and discussions.
  • 4.7 Mayor and Chief Administrative Officer
    • 4.7.1 The Mayor shall be recognized as an ex-officio Member of every Standing Committee and as such has the same rights as other Committee Members, but is not obligated to attend meetings and is not counted in determining if a quorum is present.
    • 4.7.2 The Mayor may participate in the business of the Committee without restrictions and is entitled to a vote.
    • 4.7.3 The Chief Administrative Officer shall be authorized to participate in every Standing Committee and as such has the same rights as other Committee Members, but is not obligated to attend meetings and is not counted in determining if a quorum is present.
    • 4.7.4 The Chief Administrative Officer may participate in the business of the Committee without restrictions but is not entitled to a vote.
  • 4.8 Appointments – Geographical locations.
    • Appointments to Committees, insofar as it is possible, shall represent the four (4) geographic locations of the communities of Embrun, Russell, Limoges and Marionville.
  • 4.9 Appointments – Election year
    • Immediately following a municipal election, the Municipal Clerk shall advertise opportunities for appointment of Members from the public who may be interested to an appointment to various Committees.
  • 4.10 Committee Appointments
    • The Mayor shall recommend members to various Boards and Committees to be approved by Council by By-law.
  • 4.11 Appointments Made
    • Committee appointments shall be made as soon as possible following a regular Municipal Election and/or following the departure of a Board or Committee member.
  • 4.12 Serve without Compensation
    • Committee Members shall serve without compensation, unless otherwise decided by Council or provided for in the enabling statute or establishing By-law or terms of reference.
  • 4.13 Member of Council – Chair
    • Where a Committee has representation from a Member of Council, the Member of Council shall serve as Chair. The Committee shall select a Vice- Chair to act in the stead of a Chair when the Chair is absent.
  • 4.14 Establishment of Sub-Committees
    • If it is the desire of a Committee to establish a Sub-Committee, a recommendation shall be made to Council for approval. Included with the recommendation for the establishment of the Sub-Committee shall be information regarding the mandate of the proposed Sub-Committee’s Terms of Reference, the beginning and the end date, the composition and how the members are to be selected and what the suggested reporting structure should be.
  • 4.15 Terms of Appointment
    • Appointments to all Committees, Sub-Committees or Ad-hoc Committees shall expire with the term of Council in the year of an election, unless otherwise provided for in the enabling statute, establishing By-law or terms of reference.
  • 4.16 Committee Vacancy - Replacement Term
    • In the event of a vacancy on a Committee, the person appointed to fill the vacancy shall hold office for the remainder of the term of the vacated position.
  • 4.17 Dismissal of a Member
    • The Mayor in conjunction with the Chair shall make a recommendation to Council to dismiss a member.

ARTICLE V APPOINTMENTS
5. Appointments

  • 5.1 Appointments to Statutory, Standing, Ad-Hoc or any other Committee to which Council makes appointments, its composition and the Terms and Reference under which these Committees conduct business, shall be in accordance to the Schedules attached to and forming part of this By-Law.

ARTICLE VI ATTENDANCE
6. Attendance at Meetings

  • 6.1 Three Consecutive Meetings
    • Unless otherwise provided for in the enabling statute or terms of reference if a Member of a Committee is absent for three (3) consecutive meetings without cause acceptable to the Committee, the Committee Staff Liaison shall bring the matter to the attention of the Municipal Clerk.
  • 6.2 Seek Clarification for Absenteeism
    • The Municipal Clerk shall contact the Committee Member in question to discuss the reasons for absenteeism and to determine whether the Member wishes to provide a letter of resignation.
  • 6.2.1 Upon confirmation that the Member will no longer be serving on the Committee, the Municipal Clerk shall, as soon as possible, notify Members of Council of the vacancy.
  • 6.2.2 If the Member indicates the desire to continue to serve on the Committee, the Member will be advised that attendance is required or the Member shall forthwith be removed from the Committee.
  • 6.3 Advertising Vacancy
    • The Municipal Clerk shall provide to the Mayor for consideration, the names of applicants who are on the waiting list, except for the Public Library Board which shall be processed, advertised and appointed as stipulated in the Public Libraries Act, R.S.O. 1990, c.P.44.
  • 6.3.1 Should there be no names on the waiting list, the Municipal Clerk shall advertise the vacancy with the local media.
  • 6.3.2 Other than the waiting list, the Mayor may also request that the vacancy be advertised
  • 6.4 A list of the candidate(s) suggested by the Mayor shall be provided to Members of Council for approval by By-law. (see article 4.10)

ARTICLE VII SUPPORT STAFF TO COMMITTEE
7. Staff Liaison

  • 7.1 A staff liaison will be appointed for each Committee.
  • 7.2 The Staff Liaison shall not be a Member of the Committee and shall not be entitled to debate or a vote.
  • 7.3 Role of the Staff Liaison shall be:
    • 7.3.1 To provide information and advice.
    • 7.3.2 Supporting the Chairperson in developing agendas and supporting materials, arranging meetings, and promoting effective committee functioning as well as writing reports/resolutions and/or recommendations to Council.
    • 7.3.3 All other tasks to be assigned to the Staff Liaison shall first be approved by the Chief Administrative Officer of the Municipality.
  • 7.4 Secretary to the Committee
    • The Staff Liaison, in consultation with the Chief Administrative Officer may recommend the assignment of a Secretary to the Committee, who shall provide assistance with the following services:
      • 7.4.1 Prepare and distribute the agenda and supporting materials at the direction of the Staff Liaison of the Committee.
      • 7.4.2 The Secretary shall attend all meetings to record the minutes.
      • 7.4.3 Prepare draft minutes after the meeting and circulate to Members for their input.
      • 7.4.4 Prepare, for approval, final minutes in prescribed format for Committee.
      • 7.4.5 Following approval of the minutes by the Committee, submit to
      • the Municipal Clerk for inclusion to the Council’s Agenda.
      • 7.4.6 Prepare in final prescribed form, approved correspondence under the direction of the Staff Liaison.
      • 7.4.7 Shall ensure that appropriate arrangements are made for Committee Meetings, including room bookings.
      • 7.4.8 Maintain, distribute and post on the Township’s website the
      • calendar of Committee Meetings.
      • 7.4.9 Ensure approved minutes are filed on the Township of Russell Intranet for proper retention and posted on the Township website.
      • 7.4.10 May perform other administrative duties related to the function of the Committee as assigned by the Staff Liaison.

ARTICLE VIII MEETINGS
8. Meetings

  • 8.1 Schedules
    • Committees shall establish their meeting schedules in accordance with the terms and references (or) where necessary at the call of the Chair.
  • 8.2 There shall be no meetings in the month of July.
  • 8.3 The Chair may, at its discretion, and where it is deemed that there is not sufficient business to discuss, cancel one or more meetings.
  • 8.4 Meetings Open to the Public
    • Unless otherwise provided for in the enabling Statute or By-law, all meetings are opened to the public and no person shall be excluded except for improper conduct, or where the Committee is considering an item where, in accordance with Section 239 of the Municipal Act, the exclusion of the public is permitted.
  • 8.5 Special/Joint Committee Meetings
    • 8.5.1 A joint meeting of two committees may be directed by the Council or may be called by their Chairs whenever such Chairs consider it necessary for the respective Committees to consider and report jointly on matters within their joint areas of concern.
    • 8.5.2 A quorum for the joint meeting of two committees shall be a majority of the combined number of Members of both the Committees. In this instance, and as exception to Section 10.02 the Mayor, if in attendance, shall be counted as one Member in making such quorum and shall have one vote.
    • 8.5.3 Appointing a Chair to Joint Committee
    • The Members in attendance at a joint meeting called pursuant to this section may appoint a Chair from one of the Committee Chairs to chair the joint meeting. If both Committee Chairs are absent, another Member of either Committee in attendance may be appointed as Chair.
    • 8.5.4 Voting in a Joint Committee
      • When a vote has been called to a question, each Member of the joint Committees shall vote in unison and the vote shall be decided by majority vote. The Chair of the Joint Committee may vote on all questions.
    • 8.5.5 Tie Vote (see voting Article XII)
  • 8.6 Delegations to Committees – 5 minutes
    • 8.6.1 Delegations appearing before a Committee shall be limited to a five (5) minute presentation, unless a longer period has been voted on by the Members.
    • 8.6.2 Upon completion of the presentation, Members, through the Chair may ask questions and/or clarifications.
    • 8.6.3 Once the delegation has completed its presentation, their participation in the meeting is completed and they may not participate in the Committee’s deliberations, unless otherwise invited to by the Chair.

ARTICLE IX PROCESS – MEETINGS
9. Agendas

  • 9.1 The Chair, in consultation with the Staff Liaison, is responsible for the preparation of agendas.
  • 9.2 Agendas, once finalized, shall be distributed by the Secretary of the Committee to Members and posted on the Township’s website, in so far as is practicable, 48 hours prior to the meeting.

ARTICLES X QUORUM
10. Quorum

  • 10.01 A majority of the Members of a Committee shall constitute a quorum, unless otherwise provided for in a Committee’s enabling statute or terms of reference.
  • 10.02 In accordance to Section 4.7.1, the Mayor is not counted in determining if a quorum is present.
  • 10.03 In the event that there is no quorum after 15 minutes past the scheduled start time, or if a quorum is lost during a meeting, the names of those present shall be recorded; the Committee’s official business ceases and the meeting is terminated.

ARTICLES XI MINUTES
11. Minutes

  • 11.1 The Secretary shall record all decisions made and the key discussion points of the proceedings and shall complete the minutes of the meeting(s) in accordance with these matters.
  • 11.2 The Draft minutes shall be reviewed by the Chair and Staff Liaison and included to the next Committee meeting agenda for adoption, with the exception of the Planning Advisory Committee minutes.
  • 11.3 Following adoption of Committee minutes, an electronic version shall be provided to the Township Clerk for inclusion to the next Council’s agenda for information purposes only.
  • 11.4 The adopted minutes shall be posted on the Township’s website
  • 11.5 The adopted minutes shall be saved on the Township’s intranet server for retention purposes.

ARTICLES XII VOTING
12. Voting

  • 12.1 All Members of a Committee, including the Chair and Vice-Chair, shall have one vote on any question, unless prohibited by statute.
  • 12.2 In accordance to the Council’s Procedural By-law:
    • 12.2.1 A tie vote is deemed to be lost for want of a majority.
    • 12.2.2 No vote shall be taken by secret ballot or other form of secret vote.
    • 12.2.3 Any Member, prior to or immediately subsequent to the taking of the vote, may require that the vote be recorded.

ARTICLE XIII REPORTING – RECOMMENDATIONS
13. Reporting and Authority

  • 13.1 Establishment and Authority
  • Members will not misrepresent themselves as having any authority beyond that to which they were delegated by Council.
  • 13.2 Recommendations by Committees to Council
    • 13.2.1 Committee recommendations, with the exception of the Committee of Adjustment, shall be brought to Council by the Chair following a Committee meeting, through the Council Agenda process as identified within the Procedural By-law for final decision.
    • 13.2.2 Recommendations by the Planning Advisory Committee, with the exception of ‘’consents’’ shall be brought to Council, through the Agenda process as identified within the Procedural By-law for final decision.
    • 13.2.3 All recommendations generated from any Standing Committee and Ad-Hoc Committee shall be referred to Council for consideration.
    • 13.2.4 Recommendations generated by Sub-Committees shall be submitted to the Standing Committee for consideration.
    • 13.2.5 Statutory Committees shall conduct their business in accordance with the terms of their enabling statute and/or establishing By- law.

ARTICLE XIV CONFLICT OF INTEREST
14. Disclosures of Interest

  • 14.1 Legislated Statute
    • At all times and under all circumstances, Members shall be guided by and shall have regard to the Municipal of Conflict of Interest Act.
  • 14.2 Declaration of Interest
    • Where a Member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting at which the matter is the subject of consideration, the Member:
      • a. Shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof;
      • b. Shall not take part in the discussion of, or vote on any question in respect of the matter; and
      • c. Shall not attempt in any way before, during or after the meeting to influence the voting on any such question.
  • 14.3 Closed Meeting Declaration
    • When a meeting is not opened to the public, in addition to complying with the requirements of Section 14.2, the Member shall forthwith leave the meeting for the part of the meeting during which the matter is under consideration.
  • 14.4 Pecuniary Interest When Absent
    • Where the interest of a Member has not been disclosed by reason of the Member’s absence from a particular meeting, the Member shall disclose the interest and otherwise comply with the requirements of Section 14.2 at the first meeting of the Committee or Local Board as the case may be, attended by the Member after the particular meeting.
  • 14.5 Written Statement re Disclosure and Influence
    • 14.5.1 Written Statement re disclosure
      • At a meeting at which a Member discloses a pecuniary interest, or as soon as possible afterwards, the Member shall file a written statement of the interest and its general nature with the Clerk of the Municipality or the Secretary of the Committee or Local Board, as the case may be; and
    • 14.5.2 Influence
      • Where a Member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter that is being considered by an officer or employee of the Municipality or Local Board, or by a person or body to which the Municipality or Committee or Local Board has delegated a power or duty, the Member shall not use his or her office in any way to attempt to influence any decision or recommendation that results from consideration of the matter.
  • 14.6 Record of Disclosure
    • a. Every declaration of interest and the general nature thereof shall be recorded in the minutes of the meeting by the Clerk of the Municipality or Secretary of the Committee or Local Board, as the case may be.
    • b. Every declaration of interest made, but not the general nature of that interest, shall, where the meeting is not open to the public, be recorded in the minutes of the next meeting that is open to the public.
  • 14.7 Registry
    • 14.7.1. Requirement to Establish Registry
      • Every Municipality and Local Board shall establish and maintain a registry in which shall be kept:
        • a. a copy of each statement filed under Section 14.5; and
        • b. a copy of each declaration recorded under Section 14.6.
    • 14.7.2 Access to Registry
      • The registry shall be available for public inspection in the manner and during the time that the Municipality or Local Board, as the case may be, may determine.
  • 14.8 Failure by any Member of Council to comply with
    • The failure of one or more Members to comply with the declaration, shall not affect the validity of the meeting in regard to the said matter.

15. Repeal

That, the Committee By-law 2017-108, being a By-law to define the mandate and meeting procedures for Committees established by the Corporation of the Township of Russell, as well as its amending By-laws 2018-040 (B-5), 2018-130 (B-1) and 2018-155 (B-6) be hereby repealed.

16. Effect

That this By-law come into force and take effect on the date of its passing.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF JANUARY 2019.