Document 2
BY-LAW NO. 2006 - 64
A by-law of
the City of Ottawa to govern the proceedings of its Advisory Committees and to
repeal By-law No. 2003-600.
WHEREAS
the Council for the City of Ottawa has, from time to time, established Advisory
Committees to provide special advice and expertise to it;
AND
WHEREAS these Advisory Committees are comprised largely of
citizens from the City of Ottawa;
AND
WHEREAS the unique composition of these Advisory Committees favours
the development and use of more flexible rules of procedure with respect to
their public meetings;
THEREFORE
the Council of The City of Ottawa, pursuant to Section 238 of the Municipal Act, 2001, as amended, enacts
as follows:
1.
RULES OF
PROCEDURE ADOPTED / SUSPENDED
(1)
The proceedings of the Advisory Committees and the
conduct of their members and the calling of meetings shall be governed by the
provisions of the rules and regulations contained in this By-law, and, except
as provided herein, the rules of parliamentary procedure as contained in the
Rules of Procedure for City Council and its Standing Committees, shall be
followed for governing the proceedings of the Advisory Committees and the
conduct of its members;
(2)
Despite Subsection 1(1), the rules and regulations
contained in this By-law may be suspended by a vote of three-quarters of the
members present and voting.
2.
DEFINITIONS
In this by-law,
(1)
“Advisory Committee” means a
committee created by Council to provide advice and technical expertise on major
public issues and social trends, act as vehicles for public consultation on
issues of municipal interest and make recommendations to City Council through
Standing Committees. The membership is
comprised of citizens and may have a Council Member acting as a non-voting
liaison member;
(2)
“Advisory Committee Coordinator” means the person whose
duties include the recording of the proceedings of Advisory Committee meetings;
(3)
“City” means the City of Ottawa;
(4)
“Chair” means the chair of the Advisory Committee;
(5)
“City Manager” means the chief administrative officer
referred to in Section 229 of the Municipal
Act, 2001;
(6)
“Clerk” means the position appointed pursuant to Section
228 of the Municipal Act, 2001;
(7) “Council” means the Council of the
City of Ottawa;
(8) “Council Member” or “Councillor” means a
person elected or appointed as a member of Council but does not include the
Mayor;
(9) “Day” does not include Saturday, Sunday
or a holiday;
(10) “Deputy City Manager or Chief Officer”
means the official responsible for a department within the City;
(11) “Mayor” means the Mayor as the Head of
Council, or in the absence of the Mayor, the Deputy Mayor or, in the absence of
both, another member of Council appointed in accordance with the provisions of
a by-law;
(12) “Notice of Motion” means a written notice,
including the name of the mover, advising the Advisory Committee that the
motion described therein will be brought at a subsequent meeting;
(13) “Privilege” means the raising of a
question which concerns a member of an Advisory Committee, or the Advisory
Committee collectively, when a member believes that his or her rights,
immunities or integrity or the rights, immunities or integrity of the Advisory
Committee as a whole have been impugned;
(14) “Point of Order” means a statement made by
a member of an Advisory Committee during a meeting thereof drawing to the
attention of the Chair a breach of the Rules of Procedure;
(15) “Presiding Officer” means an Advisory
Committee member appointed in accordance with the provisions of the By-law to
preside over a regular or special meeting of the Advisory Committee in the
absence of the Chair and Vice-Chair;
(16) “Procedural Motion” means any motion
concerning the manner or time of consideration of any matter before the
Advisory Committee as opposed to the substance thereof, and includes, without
limitation, the following:
(a)
to extend the time of the meeting;
(b)
to refer;
(c)
to lay on the table;
(d)
to defer indefinitely or to a certain day;
(e)
to adjourn; or
(f) to suspend the Rules of Procedure;
(17) “Rules of Procedure” means the rules and
regulations provided in this By-law;
(18) “Standing Committee” means a Committee of
Council comprised solely of members of Council who are appointed by Council;
(19) “Vice-Chair” means the
Vice-chair of an Advisory Committee as appointed by the Advisory Committee;
3.
ADVISORY
COMMITTEE MEMBER - DUTIES
(1)
A member of an Advisory Committee shall have the
following duties:
(a)
to deliberate on the business submitted to the Advisory
Committee;
(b)
to vote when a motion is put to a vote;
(c)
to read and sign the City’s “Advisory Committee Members
Code of Conduct” before membership on the Committee can be certified; and
(d) to respect the Rules of Procedure,
including the Code of Conduct, and any guidelines for Advisory Committee
members.
4.
AGENDA
PREPARATION
(1)
The Agenda for a meeting of an Advisory Committee shall
be prepared under the direction of the Chair, or in the absence of the Chair,
the Vice-Chair for that Committee.
(2)
Despite subsection (1), the City Manager, all Deputy City
Managers, Chief Officer, or designates and Members of Council have the right to
place items on the Agenda of any Advisory Committee.
5.
COMMITTEE
CHAIR
The Advisory Committee
Coordinator shall preside at the inaugural meeting of any Advisory Committee to
conduct the election of the Chair and Vice-Chair of the Committee.
6. DUTIES OF THE COMMITTEE CHAIR
It
shall be the duty of the Committee Chair,
(1)
to open the meeting of the Advisory Committee by taking
the chair and calling the members to order;
(2)
to announce the business before the Advisory Committee
and the order in which it is to be acted upon;
(3)
to receive and submit, in the proper manner, all motions
presented by the members of the Advisory Committee;
(4)
to provide information to members of the Advisory
Committee on any matter touching on the business of the Committee;
(5)
to
act as spokesperson on behalf of the Advisory Committee;
(6)
Despite Subsection (5), the Advisory Committee may
designate a Committee Member as the official spokesperson for the Advisory Committee on a specific issue, when called
upon by Council, a Standing Committee, a member of the media or community
organization;
(7) to authenticate, by
signature, all minutes of the Advisory Committee;
(8) to enforce the Rules of
Procedure; and
(9) to adjourn the meeting
when the business is concluded.
7. PARTICIPATION OF CHAIR IN DEBATE
(1) The Chair may state relevant facts and
the Chair’s position on any matter before the Advisory Committee without
leaving the chair, but it shall not be permissible for the Chair to move a
motion or debate a question without first leaving the chair.
2) If the Chair is absent, or desires to
leave the chair to move a motion or to take part in the debate pursuant to
Subsection (1), or otherwise, the Chair shall call on the Vice-Chair to preside
until the Chair resumes the chair.
8. QUORUM
(1) An Advisory Committee shall not consider
any business if a quorum is not present.
(2) Despite Subsection 8(1), an Advisory
Committee may receive and table submissions/information from the public, if a
quorum is not present, and these submissions/information may be considered at a
subsequent Committee meeting.
(3) A quorum for an Advisory Committee
having an even number of members is one half of all the members thereof. A quorum for an Advisory Committee having an
uneven number of members is a simple majority of the number of members thereof.
(4) In the event quorum is not present 15
minutes after the time appointed for a meeting, the members present may ask the
Committee Coordinator to call the roll and record the names of the members
present and the meeting will then stand adjourned until the next scheduled
meeting, or at the call of the Chair:
(a)
The members who are present may agree to proceed
informally with the agenda and the Committee Coordinator will report to the
next meeting of the Advisory Committee on any proposals made at the informal
gathering.
(b)
Any proposals made at the informal gathering will be
submitted to the advisory committee for consideration at the next regular
meeting.
(c)
If during the informal meeting, quorum occurs within one
hour of the stated start time, the Chair or in his or her absence the
Vice-Chair, or in his or her absence, the presiding officer shall move a Motion
to call the meeting to “order.”
(5) If quorum is lost during a meeting for a
period of 15 minutes, members present may ask the Committee Coordinator to
record the names of those members present and the meeting will stand adjourned
until the next scheduled meeting, or at the call of the Chair.
(a) The members present may agree to proceed
informally with the agenda and the Committee Coordinator will report to the
next meeting on any proposals made at the informal gathering.
(b) Any proposals made at the informal
gathering will be submitted for consideration at the next regular meeting.
(6) If neither the Chair nor the Vice-Chair
has arrived 15 minutes after the time the meeting is to start and, if a quorum
is present, one of the other members of the Advisory Committee may be appointed
Presiding Officer for the duration of the meeting or until the arrival of the
Chair or Vice-Chair.
9. MEETINGS OF COMMITTEES
(1) (a) The regular
meetings of Advisory Committees shall be on the day of the month determined by
the Clerk, or his designate, subject to confirmation by the Advisory Committee,
with the time and place to be determined by the Advisory Committee.
(b) Individual regular meetings of a Committee may be varied by
the Chair from the day of the week, time and place, subject to the required notice
provisions.
(c) The Chair may cancel one or more regular meetings of the
Advisory Committee if in the Chair’s opinion such meetings are not necessary
for the proper conduct of the business of the Committee.
(2)
No Advisory Committee shall be scheduled to meet
while the Council is in session.
(3)
Members may speak more than once on the same question.
(4)
Notwithstanding Subsection (3), no member, without leave
of the Committee, shall speak to the same question, at one time, or in reply,
for longer than five minutes.
(5)
A substantive motion made in Committee must be in writing
but need not be seconded.
(6) Seven calendar days’ notice of a meeting shall be given to the members of a Committee.
(7)
Advisory Committee members have the right to place items
on Committee agendas provided that such items are received by the Advisory
Committee Coordinator nine calendar days in advance of the
Committee meeting.
(8)
No meeting shall proceed beyond 10:30 p.m. without the
majority consent of members present.
(9) Subject to the E-meetings Policy, a
maximum of two Members of Advisory Committees may participate in a meeting via
telephonic equipment in those instances where quorum is a necessity to address
an urgent item requiring immediate action.
The off-site Member(s) shall be deemed to be present at the meeting for
the purposes of establishing quorum.
10. SPECIAL
MEETINGS
(1)
A Special Meeting shall be summoned by the Committee
Coordinator on direction of the Chair, or upon receipt of a petition of the
majority of Members of the Advisory Committee.
The notice shall contain the date, time and purpose for which the
meeting is called.
(2)
Notice of all Special Meetings of the Committee setting
forth the matters to be considered at such Special Meeting shall be given to
all members of the Committee either:
(a)
by prepaid, special delivery mail deposited in a Canada
Post Corporation Post Office not less than seventy-two hours in advance of the
time fixed for the meeting;
(b)
by delivery to the residence or place of business of the
member, including by electronic mail, not less than six hours in advance of the
time fixed for the meeting, and the Clerk shall attempt to give such other
notice of the meeting to the member by telephone or as is otherwise practical
within the circumstances; and/or
(c)
by personal service to the members not less than six
hours in advance of the time fixed for the meeting;
(3)
The Committee shall not consider or decide any matter not
set forth in the notice calling the Special Meeting, without the consent,
recorded in the minutes, of all of the members of the Committee;
(4)
Subject to Section 1213, a Special Meeting
of the Committee may be either open or closed as determined by the Committee;
(5)
Once received by the Coordinator, no member may add or
remove their name from a petition filed under Subsection (1).
11. PLACE
OF MEETING
All meetings of the Advisory Committee shall
be held at the Ottawa City Hall or at such other place as is specified in the
notice calling the meeting.
12. MEETINGS
OPEN TO PUBLIC
(1) Subject to Section 13 the meetings of
the Advisory Committees shall be open to the public and no person shall be
excluded there from except for improper conduct.
(2) The Chair may expel or exclude from any
meeting any person who has engaged in improper conduct at the meeting.
13. CLOSED
MEETINGS
(1) An Advisory Committee may, by
resolution, close a meeting or part of a meeting to members of the public if
the subject matter to be considered is,
(a) the security of the property of the
City;
(b) personal matters about an identifiable individual,
including staff;
(c) a proposed or pending acquisition or
disposition of land for the purposes of the City;
(d) labour relations or employee
negotiations;
(e) litigation or potential litigation,
affecting the City, including matters before administrative tribunals;
(d)
the receiving of advice that is subject to
solicitor-client privilege, including communications necessary for that
purpose; or
(e)
a matter in respect of which the Advisory Committee is
authorized by statute to hold a closed meeting.
(2) An Advisory Committee shall, by
resolution, close a meeting or part of a meeting to members of the public where
the subject matter to be considered is a request under the Municipal Freedom
of Information and Protection of Privacy Act.
(3) A resolution to close a meeting or part
of a meeting to the public shall state,
(a) the fact of the holding of the closed
meeting;
(b) the general nature of the matter to be
considered at the closed meeting.
(4) Where a meeting or part of a meeting is
closed to the public, all persons not specifically invited to remain by the
Advisory Committee shall retire from the meeting room.
(5) A vote shall not be taken during a
meeting or part of a meeting that is closed to the public where to do so would
be in contravention of any Act.
14. GENERAL
PROVISIONS FOR COMMITTEES
(1) The Chair shall preside; in the absence
of the Chair, the Vice-Chair shall preside or in the absence of the Chair or
Vice-Chair, the presiding officer shall preside.
(2) All members of the Advisory Committee
shall vote on any question before the Committee, and, in the event of an
equality of votes, the question being voted upon shall be deemed to have been
lost.
(3) Advisory Committees shall consider and
report on such matters only as have been referred to them by the Council, their
respective Standing Committee or such matters as come within their continuing
Terms of Reference.
(4) Advisory Committees may receive representations from the
public, however, no person, without leave of the Committee, shall speak for
longer than five minutes.
(5) Subject to its Terms of Reference, each
Advisory Committee shall diligently pursue its duties and shall report, at
least once a year, through its annual report/work plan, to its respective
Standing Committee on matters and questions coming before it within its Terms
of Reference.
(6) Should the Chair of any Advisory
Committee neglect or refuse to call meetings of the Committee at such times or
with such frequency as the proper dispatch of the Committee’s business requires,
or do the business of the Committee without the knowledge or consent of its
members, or contrary to their wishes or actions, the Advisory Committee may
report such neglect, refusal or action to the Standing Committee which may
remove such Chair from office and the Advisory Committee may appoint another
member as Chair.
(7) Any member of an Advisory Committee, who
is absent from two consecutive regularly scheduled meetings of the Committee,
or in the case of the Local Architectural Conservation Advisory Committee
(“LACAC”), three consecutive meetings, shall be contacted by the Advisory
Committee Coordinator to confirm his/her commitment to the Committee. The member will also be advised that if he
or she misses a third, or in the instance of LACAC Members a fourth consecutive
meeting, or 30% of all the scheduled meetings for a year, her or his membership
is terminated, except in those instances where the Advisory Committee has
certified such absences. The City Clerk’s Office will advise a member of his or
her termination via a registered letter after he or she has missed three
consecutive meetings; four consecutive meetings for LACAC Members.
15. ADVISORY
COMMITTEE COORDINATOR
(1) The Coordinator of any Advisory
Committee shall be designated by and be responsible to the City Clerk.
(2) It shall be the duty of the Coordinator:
(a) to give notice of each meeting of the
Advisory Committee together with an Agenda of the matters to be considered;
(b) to submit the reports to the Standing
Committee and to Council, as the case may be;
(c) to record motions,
resolutions, votes, a concise summary of public delegations and action to be
taken on items through the preparation of meeting minutes in accordance with
the Rules of Procedure;
(d) to provide procedural advice
to the Committee Chair;
(e) to act as a link between
the Committee and City departments; and
(f) to perform such other functions as may
be required from time to time.
PART II
VOTING
16. SECRET
BALLOT PROHIBITED
No vote shall be taken by ballot or by any
other method of secret voting.
17. RECORDED
VOTE
(1) Any member, before the question is
decided, may require that the vote be recorded.
(2) Subject to Section 13, no vote shall be
taken while the members are at an in camera meeting.
(3) When a vote is taken, and no dissent is
declared, such vote shall be deemed to be unanimously in favour of the question
approved.
(4) If a vote is to be recorded as herein
provided, the Advisory Committee Coordinator shall call the vote, announce the
division, and shall record them in the minutes.
18. ALL
MEMBERS VOTE
(1) Every member present at a meeting of the
Committee when a question is put shall vote thereon, unless prohibited by
statute, in which case it shall be so recorded.
(2) Any member who refuses to vote shall be
recorded as voting in the negative.
19. DISPUTING
VOTE
If a member disagrees with the announcement
of the Chair that a question is carried or lost, the member may, but only
immediately after the declaration by the Chair, object to the Chair’s
declaration and require a recorded vote to be taken.
PART III
ORDER OF PROCEEDINGS - AGENDAS AND MINUTES
20. AGENDA
IN COMMITTEE
(1) The Coordinator shall have prepared and
printed for the use of the members at the regular meetings of the Advisory
Committee an Agenda setting forth the business to be considered at such
meeting.
(2) The business of the Advisory Committee
shall be considered in the order set forth on the Agenda, provided however,
that the Chair, with the approval of the Committee, may vary the order of
business to better deal with matters before the Committee.
(3) Except as otherwise decided by a
two-thirds vote of the members of Committee present and voting, the Advisory
Committee shall not consider any report,
or any matter, that has not been distributed to the members with the
Agenda.
21. DELIVERY
OF AGENDA TO MEMBERS
(1) Not less than seven calendar days in
advance of each regular meeting of the Advisory Committee, the Advisory
Committee Coordinator shall cause the following to be delivered to each member:
(a) Agenda;
(b) Copy of each item to be considered; and
(c) Copy of each motion to be considered.
(2) Delivery pursuant to Subsection (1)
shall be to the office or the residence of the member, or by electronic mail.
22. MINUTES
(1) Minutes shall record:
(a) the place, date and time of meeting;
(b) the names of the presiding officer or
officers and the record of the attendance of the members;
(c) declarations of interest;
(d) all the motions, resolutions or votes of
the meeting without note or comment; and
(e) concise narrative of public delegations
and action to be taken on items.
(2) If the minutes have been delivered to
the members, then the minutes shall not be read, and a resolution that the
minutes be confirmed shall be in order.
(3) After the minutes have been confirmed
they shall be signed by the Chair and by the Advisory Committee Coordinator.
PART IV
RULES OF CONDUCT AND DEBATE
23. ADDRESS
THE CHAIR
Any member desiring to speak shall signify
their desire to speak in such a manner as the Chair may direct, and upon being
recognized by the Chair, shall address the Chair.
24. PRIVILEGE
(1) Where a member considers that the
member’s rights, immunities or integrity or the rights, immunities or integrity
of the Advisory Committee as a whole has been impugned, the member may, as a
matter of privilege, rise at any time, with the consent of the Chair, for the
purpose of drawing the attention of the Committee to the matter.
(2) Upon being recognized by the Chair, the member
shall state the question of privilege.
(3) The Chair shall:
(a) determine the question, or
(b) permit a debate and a vote to be held on
the question.
25. POINTS
OF ORDER
(1) The Chair shall preserve order and
decide points of order.
(2) (a) When
a member desires to address a point of order, the member shall ask leave of the
Chair to raise a point of order and, after leave is granted, the member shall
state the point of order to the Chair and the point of order shall be forthwith
decided by the Chair;
(b) Thereafter, a member shall only address
the Chair for the purpose
of appealing
the Chair’s decision to the Advisory Committee;
(c) If no member appeals, the decision of
the Chair shall be final;
(d) The Advisory Committee, if appealed to,
shall call a vote, without debate on the following question; “Shall the Chair
be sustained?”, and its decision shall be final.
26. UNPROVIDED
CASES
(1) In all unprovided cases in the
proceedings of the Advisory Committee, the matter shall be decided by the Chair,
subject to an appeal to the Committee.
PART V
RESOLUTIONS AND MOTIONS
27. MOTIONS
(1) The following matters and motions with
respect thereto may be introduced orally without notice and without leave,
except as otherwise provided by the Rules of Procedure;
(a) a point of order or privilege;
(b) to adjourn.
(c) to extend the time of the meeting past
10:30 p.m.
(2) The following motions may be introduced
without notice and without leave, except as otherwise provided by the Rules of
Procedure:
(a) to refer;
(b) to postpone or defer to a certain day;
(c) to amend;
(d) to suspend the Rules of Procedure;
(e) any other procedural motion.
(3) Except as provided in Subsection (1),
all motions shall be in writing.
(4) The mover may withdraw a motion or a Notice
of Motion at any time prior to the commencement of debate thereon.
(5) After a motion is read or stated by the
Chair, it shall be deemed to be in possession of the Advisory Committee, and it
may only be withdrawn before decision or amendment with the permission of the
Advisory Committee.
28. MOTIONS
RULED OUT OF ORDER
(1) Whenever the Chair is of the opinion
that a motion or resolution is contrary to the Rules of Procedure, the Chair
shall rule the motion or resolution out of order.
(2) A motion or resolution which requires
the exercise of a power or powers by the Advisory Committee which are not
within its Terms of Reference, shall not be in order.
29. NOTICE
OF MOTION
(1) Notices of Motion shall be in writing
and include the name of the mover.
(2) Consideration of a motion, of which
notice was given pursuant to this section, shall be in order at the next
meeting of the Advisory Committee.
(3) Prior to the Advisory
Committee’s consideration of a motion of which notice has been given
previously, a revised motion on the same subject, approved by the mover, may be
substituted for the original one contained in the Notice of Motion.
30. NO
DEBATE UNTIL READ
No member shall speak to any motion until it
is first read by the Chair, and the mover is entitled to speak first thereon if
the member so elects. If debated, the
question or motion may be read again before being put.
31. ORDER
OF CONSIDERATION
(1) When a question is under consideration,
no motion shall be received except a procedural motion or a motion to amend.
(2) Procedural motions shall be considered
immediately upon receipt and shall have precedence and may be subject to debate as follows:
(a) to refer (debatable);
(b) to defer indefinitely or to a certain
day (debatable);
(c) to adjourn (not debatable);
(d) any other procedural motion (debatable).
(e) to extend the time of the meeting past
10:30 p.m.
32. AMENDMENT
A Motion to Amend:
(1) shall be presented in writing;
(2) only one Motion to Amend an amendment to
the question shall be allowed at one time and any further amendment must be to
the main question;
(3) shall be relevant and not contrary to
the principle of the report, item or motion under consideration;
(4) may propose a separate and distinct
disposition of a question provided that such altered disposition continues to
relate to the same issue which was the subject matter of the question;
(5) shall be put in the reverse order to the
order in which it is moved; and,
(6) despite Subsection (5), any amendment(s)
to a motion may be placed in order to be determined by the Chair as the most
logical, practical and expeditious in all of the circumstances.
PART VI
GENERAL PROVISIONS
33. APPENDIX
Appendix “A”, being the
Advisory Committee Members’ Code of Conduct, forms part of this by-law.
34. REPEAL
(1) By-law No. 2003-600 is hereby repealed;
(2) This
By-law shall not be amended or repealed except by a majority vote of all
members of the whole Council.
35. EFFECT
This by-law shall be deemed to have come into
force on the 8th day of February, 2006.
36. SHORT
TITLE
This
By-law may be referred to as either the “Advisory Committee Procedure By-law”
or the “Rules of Procedure for Advisory Committees”.
ENACTED AND PASSED this 8th day of February, 2006.
DEPUTY CITY CLERK MAYOR
The purpose of an Advisory
Committee is to provide informed advice and guidance, as well as to facilitate
public input to City Council on programs and policies. In recognition of the
impartial and objective expert advice that Standing Committees’ receive from
Advisory Committees, as well as the challenges and inherent restrictions placed
upon these same individuals in assessing and recommending various options in a
conscientious and ethical manner, the following Code of Conduct is provided as
a general standard for all Advisory Committee Members to ensure they are acting
in a manner that is appropriate with regard to his or her Committee.
1. Advisory Committee Members
shall, when conducting Committee business, preparing written correspondence,
interacting with media, Members of Council, staff or members of the public, act
in a manner that accomplishes the following:
(a)
Fulfils the mandate and mission
statement of his or her Advisory Committee. Brings credibility and good will
to the City of Ottawa and his or her respective Advisory Committee;
(b)
Respects due
process and the authority of the Chair, Vice-Chair or Presiding Officer;
(c)
Demonstrates
respect for all fellow Committee Members, Council, staff and the public
regardless of cultural, or linguistic diversity and life circumstances;
(d)
Respects and
gives fair consideration to diverse and opposing viewpoints;
(e)
Demonstrates due
diligence in preparing for meetings, special occasions, or other Committee-related
events;
(f)
Demonstrates
professionalism, transparency, accountability and timeliness in completing any
tasks or projects undertaken by the Committee;
(g)
Conforms with all
relevant legislation, by-laws, policies and guidelines;
(h)
Works in
conjunction with the community;
(i)
Accepts and promotes the
decisions of the Advisory Committee; and
(j) Contributes in a meaningful manner, offering constructive comments to Council, Standing Committees, staff and fellow Committee Members.
2. A Member of an Advisory Committee shall not:
(a) Engage in any business or transaction or have a financial or personal interest that is incompatible with the discharge of his or her official duties;
(b) Place them self in a position where s/he is under obligation to any person who might benefit from special consideration or favour on their part or who might seek in any way preferential treatment;
(c) Accord, in the performance of his or her official duties, preferential treatment to relatives or to organizations in which s/he or his or her relatives have an interest, financial or otherwise;
(d) Deal with an application to the City for a grant, award, contract or other benefit involving his or her spouse, live-in partner, child or parent;
(e) Place them self in a position where s/he could derive any direct or indirect benefit or interest from any matter about which they can influence decisions;
(f) Benefit from the use of information acquired during the course of his or her official duties which is not generally available to the public; and
(g) Accept gifts, hospitality, or entertainment that could reasonably be construed as being given in anticipation or recognition of special consideration by the Advisor or his or her respective Advisory Committee.
3. (a) Section 2 does not apply to the interests
of a Member by reasons of the Member belonging to a particular body
which Council has expressly provided a designated seat on the Advisory
Committee.
(b) In addition to Clause (a), it is understood that Members of the City’s Business Advisory Committee and Taxi Advisory Committee are intentionally comprised of citizens from these same industries. Therefore, a Member’s interest that arises as a result of this connection does not constitute a breach of Section 2.
4. A Member of an Advisory Committee shall disclose to the City Clerk or persons designated, immediately that s/he could be involved in either a real or perceived conflict of interest as prohibited by the Code; and shall abide by any decision made by the City Clerk, or the designated person, with respect to such conflict of interest without recourse.
5. Where an Advisory Committee Member believes or has been advised that s/he has or may have a conflict of interest in a particular matter, s/he shall:
(a) Prior to any consideration of the matter, disclose his or her interest and the general nature thereof;
(b) Leave the room for the duration of time that the matter is being considered;
(c) Not take part in the discussion of, or vote on any question or recommendation in respect of the matter; and
(d) Not attempt in any way whether before, during or after the meeting to influence the voting on any such question or recommendation.
Should a Member of an Advisory Committee breach
any of the clauses set out herein, the Advisory Committee may censure the
member or recommend his or her removal to the Standing Committee.
________________________________________
Member’s Name
(Printed)
Signature Date
BY-LAW NO. 2006 - 64
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A by-law of the City of Ottawa to govern the proceedings of its Advisory Committees and to repeal By-law No. 2003-600.
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Enacted by City Council at its meeting of February 8, 2006.
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LEGAL SERVICES
TCM/
COUNCIL AUTHORITY:
CSEDC Report 40, Item 1