Committee of the Whole
	TO:	Mayor and Members of Council
	FROM:	Sheila Birrell, Town Clerk
	PREPARED BY:	same as above
	DATE OF MEETING:	2004-03-09
	SUBJECT:	Procedural By-Law

RECOMMENDATION:

That By-Law No. 2001-1, “A By-Law to Govern the Proceedings of Council and Committees of Council” be amended as follows:

1. Amend Section 3.12 “Orders of the Day” to add “Proclamations” after “Communications”.

2. Delete the wording in Section 3.14 (2) and substitute with the following new wording:

“Where a motion to defer is moved, the Chair shall request that the motion not be seconded until the speaker’s list has been exhausted.” and

3. Re-number the existing Section 3.14(2) to Section 3.14(3) which reads as follows:

“Where a motion to adjourn or a motion to defer has been duly moved and seconded, until such motion has been decided, there shall be no discussion on the subject matter.”

4. Add the following to Section 3.17 subsections d) and e):

“subject to Section 3.14 (2)”.

PURPOSE:

To report and recommend on two issues with respect to the procedural by-law.

BACKGROUND:

At the Council meeting held on February 24, two issues were raised regarding the Town of Markham’s procedural by-law: (1) motions of deferral/referral; and (2) proclamations.

OPTIONS/DISCUSSION:

Motions of Deferral/Referral

Section 3.17 of By-Law No. 2001-1, “A By-Law to Govern the Proceedings of Council and Committees of Council” currently permits a motion under debate to be deferred. This rule automatically cuts off debate and prohibits those Members of Council already on the speaker’s list from speaking. The first speaker, for example, could speak to the issue and then immediately move a motion to defer and, if seconded, would prohibit further debate.

It would be reasonable for the Chair to request that the motion not be seconded until the speaker’s list has been exhausted.

Proclamations

Currently proclamations are listed under Communications on the agenda and referred to Members of Council. If these proclamations are not withdrawn, they are automatically approved.

A motion to approve the proclamations would clarify the approval to the public. An item added to the Orders of the Day following Communications entitled “Proclamations” would improve the process.

FINANCIAL CONSIDERATIONS:

None

ENVIRONMENTAL CONSIDERATIONS:

None

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21ST CONSIDERATIONS:

None

BUSINESS UNITS CONSULTED AND AFFECTED:

None

ATTACHMENTS:

Existing Sections 3.12, 3.14 and 3.17

Sheila Birrell, Town Clerk.

Andy Taylor, Commissioner of Corporate Services

Excerpts from By-Law 2001-1, (Council and Committees Proceedings)

3.12 Orders of the Day

The Clerk shall prepare for the use of the Members at the regular meetings of Council the Agenda as follows:

Committee of the Whole/Committee of the Whole “In Camera”

Disclosure of Pecuniary Interest

Presentations

Delegations

Petitions

Minutes

Reports

Motions

Notice of Motion

Communications

Proclamations

Other Business

By-laws

Adjournment

Other Business shall not be permitted after 11:00 p.m.

3.14 Motions

1) Every motion shall be read aloud, and when duly moved and seconded, shall be open for discussion. A motion or amendments thereto, may not be withdrawn without the consent of the mover and seconder. The Chair may not move or second any motion, but must vote on a motion. (See Clause 3.21)

2) Where a motion to defer is moved, the Chair shall request that the motion not be seconded until the speaker’s list has been exhausted.

3) Where a motion to adjourn or a motion to defer has been duly moved and seconded, until such motion has been decided, there shall be no discussion on the subject matter.

3.17 Motion Under Debate

When a question is under debate, no motion shall be received except for the following purposes and according to the following order, namely:

a) to extend the hour of automatic adjournment.

b) to recess.

c) to adjourn.

d) to defer to a definite date, subject to Section 3.14(2).

e) to defer indefinitely, subject to Section 3.14(2).

f) to amend the main motion.