CITY OF OTTAWA

POLICE SERVICES BOARD

PROCEDURE BY-LAW NO. 2 OF 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


OTTAWA POLICE SERVICES BOARD

PROCEDURAL BY-LAW #2 of 2011

 

TABLE OF CONTENTS

 

Section         Subject                                                                                    Page

 

1.                 Interpretation                                                                             1

2.                 Application                                                                                1

3.                 Selection of Chair and Vice Chair                                             2

4.                 Meetings of the Board                                                               2

5.                 Quorum                                                                                      3

6.                 Duties of the Chair                                                                    4

7.                 Duties of the Vice Chair                                                            5

8.                 Conduct of Members                                                                 5

9.                 Order of Business                                                                      6

10.               Agenda                                                                                      7

11.               Minutes                                                                                      7

12.               Interest Disclosure                                                                     8

13.               Rules of Debate                                                                         8

14.               Points of Order                                                                          9

15.               Points of Privilege                                                                      9

16.               Notice of Motion                                                                     10

17.               Motions                                                                                    10

18.               Order of Consideration                                                            11

19.               Motion to Amend                                                                    12

20.               Motion to Refer                                                                       12

21.               Motion to Lay on the Table                                                     12

22.               Motion to Defer                                                                       13

23.               Motion that the Question be Put                                             13

24.               Motion to Adjourn                                                                   13

25.               Reconsideration                                                                       14

26.               Voting on Motions                                                                   15

27.               Outstanding Inquiries and Motions                                         16

28.               Public Meetings                                                                       16

29.               Closed Meetings                                                                      16

30.               Hearing of Delegations                                                            18

31.               Communications                                                                      19

32.               Committees of the Board                                                        19

33.               By-Laws                                                                                  19

34.               Amendment and Repeal                                                          20

35.               Commencement and Title                                                        20

 

 


 

OTTAWA POLICE SERVICES BOARD

 

BY-LAW NUMBER 2 OF 2011

 

A BY-LAW TO GOVERN THE PROCEEDINGS OF THE OTTAWA POLICE SERVICES BOARD.

 

INTERPRETATION

1.         In this By-law:

 

            (a)        Act” means the Police Services Act, R.S.O. 1990, c.P.15, as amended from time to time;

 

            (b)        "Board" means the City of Ottawa Police Services Board;

 

            (c)        "Chair" means the Member elected as Chair of the Board by its Members pursuant to s. 28 of the Police Services Act;

 

            (d)       "Vice Chair" means the Member elected as the Vice Chair of the Board by its Members;

 

            (e)        "Chief" means the Chief of the Ottawa Police Service;

 

            (f)        "Day" means 24 hours and does not include Saturday, Sunday or a holiday;

 

            (g)        "Member" means a Member of the Board;

 

            (h)        "Police Service" means the Ottawa Police Service;

 

            (i)         "The City" means The City of Ottawa;

 

            (j)         "Executive Director " means the person who has been appointed to the position by the Board.

 

 

APPLICATION

2.         (1)        The rules of procedure contained in this by-law shall be observed in all the proceedings and shall be the rules for the order and dispatch of business before the Ottawa Police Services Board.

 

            (2)        The rules of procedure contained in this by-law are likewise applicable to a Committee of the Board.

 

            (3)        The rules of procedure may be suspended by a vote of the majority of the Members of the whole Board (four votes in favour).

 

            (4)        Any point of order or procedure for which rules have not been provided in this by-law shall be decided by the Chair in accordance, as far as is reasonably practicable, with the rules of parliamentary procedure contained in Robert's Rules of Order.

 

SELECTION OF CHAIR AND VICE CHAIR

3.         (1)        In accordance with Section 28(1) and (2) of the Act, the Members of the Board shall, at the first meeting of each calendar year, select from amongst its Members, a Chair and Vice Chair for the year, in the following manner:

 

                        (a)        The election of the Chair shall be conducted by the Board Executive Director or the City Clerk, and the election of the Vice Chair shall be conducted by the Chair;

 

            (b)        Nominations shall require a mover and seconder, both of whom shall be Members of the Board;

 

            (c)        When more than one nominee stands for election, a vote shall be taken;

 

            (d)       Prior to the vote being taken, each nominee shall be given up to 5 minutes to speak to the nomination.  Candidates shall be called upon in alphabetical order of their surname;

 

            (e)        After the nominees have completed their speeches, a vote shall be taken;

 

            (f)        If nominees are tied on the first vote, a ten minute recess shall be held and a second vote shall be taken.  If on the second vote the nominees remain tied, a further ten minute recess shall be held and a third vote shall be taken.  If nominees remain tied after a third vote, the election of the Chair or Vice Chair shall be decided by lot drawn by the Board Executive Director;

 

(g)       If a vote results in a tie and all seven members of the Board are not present, the matter will be deferred until the Board meets again with all members present.

 

            (h)        No votes required under this section shall be taken by ballot or any other form of secret voting.

 

MEETINGS OF THE BOARD

4.         (1)        Regular meetings of the Board shall be held at least four times a year as required by section 35(1) of the Police Services Act, or more frequently at the direction of the Board, and shall be held at the place and time as may be designated by the Board.

 

            (2)        If the day provided for a regular meeting of the Board is a holiday, or a day of religious observance that precludes the participation of any Members of the Board, the meeting shall be held on another date agreed upon by the Board.

 

            Special Meetings

            (3)        A special meeting of the Board shall be convened:

 

                        (a)        upon being summoned by the Chair,

 

                        (b)        upon a written request from a majority of the Members of the Board.

                       

            (4)        The Executive Director shall give notice of the time, place and purpose of a special meeting to all Members of the Board either:

 

                        (a)        by telephone, facsimile, electronic mail or hand delivered to each Member so as to be received at the residence or place of business of each Member not less than six hours in advance of the time fixed for the meeting;

                       

                        (b)        by personal service to the Members, not less than six hours in advance of the time fixed for the meeting; or

 

                        (c)        by verbal notice provided a majority of the Board consents to the meeting.

 

            (5)        The Board 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 Members of the Board, present and voting.

 

            (6)        If a special meeting is called for the purpose of considering a confidential matter in accordance with Section 35(4) of the Police Services Act, before moving to a closed meeting a motion shall be passed in public stating:

 

                        (a)        the time and the fact of the holding of the closed meeting; and

 

                        (b)        the general nature of the matter to be considered at the closed meeting.

 

 

QUORUM

5.         (1)        A quorum shall be a majority of the Members according to section 35(2) of the Police Services Act (four Members).

                       

            (2)        As soon after the hour of the meeting as a quorum is present, the Chair shall take the chair and call the meeting to order.

 

            (3)        If a quorum is not present within thirty minutes after the time appointed to commence the meeting of the Board, the Executive Director shall record the names of the Members present and the meeting shall stand adjourned until the date of the next regular meeting or a special meeting called to deal with the matters on the agenda of the meeting adjourned.

 

 

DUTIES OF THE CHAIR

6.         It is the duty of the Chair to:

 

            (a)        Preside at all meetings of the Board;

 

            (b)        Set the agenda for all meetings of the Board;

 

            (c)        Be the spokesperson for the Board;

 

            (d)       Represent and support the Board, declaring its will and implicitly obeying its decisions in all things;

 

            (e)        Commence the meetings of the Board by taking the chair and calling the Members to order, as soon as a quorum is present;

 

            (f)        Announce the business before the Board and the order in which it is to be acted upon;

 

            (g)        Receive and submit, in proper manner, all motions presented by the Members;

 

            (h)        Inform the Board on any point of order as deemed necessary;

 

            (i)         Put to a vote all motions which are moved or which necessarily arise in the course of the proceedings, and to announce the result;

 

            (j)         Decline to put to a vote, motions which infringe the Rules of Procedure or which are beyond the jurisdiction of the Board;

 

            (k)        Enforce on all occasions the rules of procedure and the observance of order and decorum among the Members;

 

            (l)         When deemed necessary, expel or exclude from a meeting any person for Improper Conduct;

 

            (m)       Call by name, any Member persisting in breach of the rules of procedure and order him or her to vacate the room in which the meeting is being held and if necessary, proceed as provided in Section 8(2);

 

            (n)        When it is not possible to maintain order, adjourn or suspend the meeting to a time specified by the Chair, without any motion being put;

 

            (o)        Permit any question to be asked through the Chair of any employee of the Ottawa Police Service in order to provide information to assist any debate when the Chair deems it proper;

 

            (p)        Adjourn the meeting when the business is completed or upon a motion to adjourn;

 

            (q)        Sit ex-officio as a Member of all Committees of the Board and be entitled to participate and vote at the meetings;

 

            (r)        Sign all documents for and on behalf of the Board including but not limited to by-laws, resolutions, orders, contracts and agreements that have been approved by the Board.

 

 

DUTIES OF THE VICE CHAIR

7.         (1)        When the Chair is absent or refuses to act, or the Chair is vacant, the Vice Chair shall act as Chair and shall have the same authority, rights and powers as the Chair.

 

            (2)        In the absence of both the Chair and the Vice Chair at a meeting, the Members present shall elect a chair for the purpose of presiding over the meeting.

 

 

CONDUCT OF MEMBERS

8.         (1)        No Member shall:

 

                        (a)        Speak disrespectfully of the Reigning Sovereign, or any member of the Royal Family, of the Governor-General of Canada, of the Lieutenant-Governor of any Province; of any member of the Senate or the House of Commons of Canada, of the Legislative Assembly of the Province of Ontario, or of the Council of the City of Ottawa, or of any member of the Ottawa Police Services Board or Police Service;

 

                        (b)        Use offensive words or un-parliamentary language in meetings of the Board or against any Member;

 

            (c)        Speak in a manner that is discriminatory in nature based on an individual’s race, ancestry, place of origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability;

 

                        (d)       Speak on any subject other than the subject in debate;

 

                        (e)        Disobey the decision of the Chair or of the Board on questions of order or procedure or upon the interpretation of the rules of the Board.

 

            (2)        If a Member persists in disobedience after having been called to order by the Chair, the Chair shall forthwith put the question, no amendment, adjournment or debate being allowed: "That such Member be ordered to leave the Member's seat for the duration of the meeting of the Board", but if the Member apologizes, the Member may, by vote of the Board, be permitted to retake the Member's seat.

 

(3)        If the Member does not leave their seat as requested in Section 8(2), the Chair shall adjourn the meeting. 

 

(4)        Members shall conduct themselves in accordance with Ontario Regulation No. 421/07 – Members of Police Services Board Code of Conduct, and any Board Policy that may be approved.

 

 

ORDER OF BUSINESS

9.         The Board shall deal with matters in the following order:

 

            (a)        Ceremonial Activities / Announcements

           

            (b)        Confirmation of the Agenda

           

            (c)        Confirmation or Correction of Minutes

 

            (d)       Disclosure of Interest (Municipal Conflict of Interest Act)

 

            (e)        Delegations

 

            (f)        Inquiries

 

            (g)        Chief’s Verbal Report

 

            (h)        Consideration of Reports

 

            (i)         Communications

 

            (j)         New Business

 

            (k)        Consideration of In-Camera Items

 

            (l)         Adjournment.

 

 

AGENDA

10.       (1)        Prior to each regular meeting, the Executive Director, under the supervision of the Chair, shall prepare and cause to be printed an agenda of all the items in the order of business set out in section 9, and shall ensure that the agenda and the minutes of the last regular meeting are delivered to the residence or place of business of every Member not less than two working days before the time appointed for the commencement of such meeting.

           

            (2)        Any Member of the Board may cause an item to be put on the agenda provided that it reaches the Executive Director within one week prior to the time appointed for the next regular meeting. 

 

            (3)        The Board shall not consider any item of business that has not been distributed to the members with the Agenda, except as otherwise decided by a majority of members of the Board present and voting.

 

 

MINUTES

11.       (1)        The Executive Director shall cause minutes to be taken of each meeting of the Board, which shall include:

 

                        (a)        the place, date and time of the meeting;

 

                        (b)        the names of the presiding officer or officers and the record of the attendance of the Members;

 

                        (c)        the confirmation and correction of the minutes of the previous meeting;

 

                        (d)       declarations of interest;

 

                        (e)        all other proceedings of the Board without note or comment.

 

            (2)        Minutes of a meeting shall be confirmed at the next meeting.

 

            (3)        The Executive Director shall ensure that the minutes of the last regular meeting of the Board, together with the agenda prepared in accordance with section 10, are delivered to each Member's residence or place of business not less than two working days before the time appointed for the holding of such meeting.

 

            (4)        The minutes shall be signed by the Chair and the Executive Director following their confirmation by the Board.

 

 


INTEREST DISCLOSURE (Municipal Conflict of Interest Act)

12.       (1)        The Members shall be governed by the Municipal Conflict of Interest Act, R.S.O 1990, c. M.50, as amended, and the agenda shall include a provision for members to declare any interest in accordance with the Act.

 

(2)        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 of the Board at which the matter is the subject of consideration, the Member shall:

 

            (a)        prior to any consideration of the matter at the meeting, disclose the interest and general nature thereof;

 

            (b)        not take part in the discussion of, or vote on any question in respect of the matter; and

 

            (c)        not attempt in any way whether before, during or after the meeting to influence the voting on any such question.

 

(3)        Where a meeting is not open to the public, in addition to complying with the requirements in Section 12.2, the Member shall forthwith leave the meeting for the part of the meeting during which the matter is under consideration.

 

(4)        Where the interest of a Member has not been disclosed by reason of his or her absence from the particular meeting, the Member shall disclose his or her interest and otherwise comply at the first meeting of the Board attended by him or her after the particular meeting.

 

(5)        To fulfill the Board’s quasi-judicial function pursuant to Part V (Complaints) of the Act, members should not take part in the administration of Part V matters if they have a personal interest or where they may be perceived as having a personal interest or bias.  Where there is uncertainty as to whether a conflict may exist, the issue should be raised.  The decision in regards to the conflict shall be the responsibility of the Member.

 

(6)        The Executive Director shall record in reasonable detail, the particulars of any disclosure of conflict of interest made by the Member(s), and the particulars shall appear in the minutes of that meeting of the Board.

 

 

RULES OF DEBATE

13.       (1)        Before speaking to a question or motion, a Member shall address the Chair.

 

            (2)        When two or more Members indicate their intention to speak to any question, motion, or item, the Chair shall recognize the Members in the order in which they indicated their intention to speak.

 

            (3)        When a Member is speaking, no other Members shall pass between that Member and the Chair, or interrupt that Member except to raise a point of order or privilege.

 

            (4)        A Member may require the question or motion under discussion to be read at any time during the debate, but not so as to interrupt a Member who is speaking.

 

            (5)        No Member shall speak more than once to the same question or motion without leave of the Board.

 

            (6)        Notwithstanding clause (5), a reply may be made by the Member who has presented a motion to the Board, following the conclusion of the speeches of the other Members.

 

            (7)        No Member shall speak to the same question or motion, or in reply, for more than five minutes, without leave of the Board.

 

            (8)        After a question has been put by the Chair, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared.

 

POINTS OF ORDER

14.       (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 Board;

 

(c)        If no member appeals, the decision of the Chair shall be final;

 

(d)       The Board, if appealed to, shall call a vote, without debate on the following question:  “Shall the Chair be sustained?”, and its decision shall be final.

 

 

POINTS OF PRIVILEGE

15.       Where a Member considers that the Member's rights, immunities or integrity or the rights, immunities or integrity of the Board as a whole have been impugned, the Member may rise at any time, with leave of the Chair, to raise a point of privilege.  The Chair shall then either hear and rule on the point of privilege, or permit a debate and a vote to be held on the question.

 

 

NOTICE OF MOTION

16.       (1)        Notices of Motion shall:

 

(a)                Be in writing, and

 

(b)               Include the name of the mover;

 

(2)        All Notices of Motion shall be read out by the mover or the Chair when it is submitted;

 

(3)        Copies of Notices of Motion that have been read out shall be distributed to Members at the first available opportunity;

 

(4)        Consideration of a motion, of which notice was given pursuant to this section, shall be in order at the next regular meeting or at a special meeting of Board called for that purpose;

 

            (5)        Prior to the Board’s consideration of a motion of which notice has been given previously, a revised motion on the same subject, approved by both mover, may be substituted for the original one contained in the Notice of Motion.

 

 

MOTIONS

17.       (1)        Motions with respect to the following matters may be introduced orally without leave, except as otherwise provided by the Rules of Procedure:

 

                        (a)        a point of order or privilege;

 

                        (b)        presentation of petitions;

 

                        (c)        to move the question be put;

 

                        (d)       to adjourn.

           

            (2)        The following motions may be introduced without leave, except as otherwise provided by the Rules of Procedure:

 

                        (a)        to refer;

 

                        (b)        to table or to 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 section 16(1), all motions shall be in writing and signed by the mover.

 

            (4)        All motions shall commence with the words "Resolved that", and shall be moved before being considered.

           

            (5)        All motions may be supported or opposed by the mover.

 

            (6)        The mover may withdraw a motion at any time prior to the commencement of debate thereon, but upon the commencement of debate the motion shall be deemed to be in possession of the Board, and it may only be withdrawn before amendment or debate with the permission of the Board.

 

            (7)        The Chair shall read any motion before a vote is taken thereon.

           

            (8)        When a Member's motion has been called from the Chair at two successive meetings of the Board and not proceeded with, it shall be deemed to have been withdrawn and be dropped from the Agenda unless the Board then otherwise decides.

 

            (9)        The Chair shall refrain from moving motions.

 

ORDER OF CONSIDERATION

18.       (1)        When a motion is properly before the Board for 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 are subject to debate as follows:

                       

                        (a)        to extend the time of the meeting (not debatable);

                       

                        (b)        to move the question be put (not debatable);

                       

                        (c)        to refer (debatable);

                       

                        (d)       to lay on the table (debatable);

                       

                        (e)        to defer indefinitely or to a certain day (debatable); 

                       

                        (f)        to adjourn (not debatable);

                       

                        (g)        any other procedural motion.

 

 

MOTION TO AMEND

19.       A motion to amend:

 

            (a)        shall be presented in writing;

 

            (b)        Shall be relevant and not contrary to the principle of the report or motion under consideration;

 

            (c)        Shall admit of only one motion to amend such amendment, and any further amendment must be made to the main question;

 

            (d)       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;

 

            (e)        Shall be decided or withdrawn before the main motion is put to the vote, and,

           

            (f)        Where there is more than one motion to amend, they shall be put in the reverse order to which they are moved.

 

 

MOTION TO REFER

20.       A motion to refer:

 

            (a)        Without specifying the Committee or other body or official to which the matter is referred, is a referral to the Chief of Police.

 

            (b)        Shall include the terms upon which the question is to be referred;

 

            (c)        Shall be debatable only in respect of the desirability of referring the question and the terms of the referral, and no discussion of the main question or an amendment thereto shall be allowed until after its disposition;

 

            (d)       Mmay be amended but must be disposed of by the Board before the main question or an amendment thereto, and before a decision on a motion that a vote on the main question be now taken, or that the question be tabled.

 

 

MOTION TO LAY ON THE TABLE

21.       (1)        A motion to lay on the table is debatable but cannot be amended.

 

            (2)        The matter tabled shall not be considered again by the Board until a motion has been made to take up the tabled matter at the same or at a subsequent meeting of the Board.

 

            (3)        A motion to take up a tabled matter is not subject to debate or amendment.

 

            (4)        A motion that has been tabled and not taken from the table for six months shall be deemed to be withdrawn, and cannot be taken from the table.

 

 

MOTION TO DEFER

22.       (1)        A matter deferred to a definite date shall have precedence over all other business on such date.

 

            (2)        A motion to defer indefinitely shall be treated as if it were a motion to lay on the table.

 

 

MOTION THAT THE QUESTION BE PUT

23.       A motion that the question be put:

 

            (a)        Cannot be amended or debated;

 

            (b)        Cannot be moved when there is an amendment under consideration;

 

            (c)        Shall preclude all amendments of the main question;

           

            (d)       When resolved in the affirmative, requires that the question be put forward without debate or amendment;

 

            (e)        Can only be moved in the following words: "That the question be now put";

 

            (f)        Cannot be moved by a Member who has spoken on the main question unless another Member has subsequently spoken on the question.

 

 

MOTION TO ADJOURN

24.       (1)        A motion to adjourn the meeting:

                       

                        (a)        Shall always be in order except as provided by the Rules of Procedure;

                       

                        (b)        Is not in order when a Member is speaking or has indicated to the Chair an intention to speak, or during the taking of a vote;

                       

                        (c)        Is not in order immediately following the affirmative resolution of a motion for the previous question;

 

                        (d)       Is not debatable; and

           

                        (e)        When resolved in the negative, cannot be made again until the Board has conducted further proceedings.

 

            (2)        A motion to adjourn without qualification, if carried, brings a meeting of the Board to an end.

 

            (3)        A motion to adjourn to a specific time, or to reconvene upon the happening of a specified event, suspends the meeting of the Board to continue at such time.

 

            (4)        Upon the expiration of four hours after the scheduled time for the commencement of a meeting, the Chair shall put the following motion without debate, amendment or any procedural motion: "Shall this meeting be continued for a further hour?".

 

            (5)        If the motion pursuant to subsection (4) is not approved by a majority of the whole Board, the Chair shall declare that the meeting shall be deemed to be adjourned.

 

 

RECONSIDERATION

25.       (1)        Only a substantive motion may be reconsidered.

 

            (2)        After a substantive motion has been decided, any Member who was present and who voted thereon may, at any time prior to the end of the meeting at which the substantive motion was decided, give notice in writing that the Member will move for a reconsideration thereof at the next regular meeting or the next special meeting called to deal with the general subject matter under reconsideration.

 

            (3)        The Board shall, immediately when such notice has been given, vote as to whether or not such notice of reconsideration shall be accepted.

           

            (4)        If the vote in favour of reconsideration is less than one-third of those present and voting then such notice of reconsideration shall be immediately declared lost.

 

            (5)        If such notice has been given and accepted, no action shall be taken to carry into effect the main motion until after the motion to reconsider has been disposed of.

 

            (6)        Every motion for reconsideration considered at a subsequent meeting shall be declared lost, unless a majority of the whole Board, votes therefor.

 

            (7)        Debate on a motion for reconsideration must be confined to reasons for or against reconsideration.

 

            (8)        No discussion of the main question shall be allowed upon an accepted notice of reconsideration or upon the motion to reconsider, unless and until the Board shall have voted to reconsider the same.

 

            (9)        No question upon which a notice of reconsideration has been accepted shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered.

 

            (10)      If a notice of reconsideration is accepted by the Board the consideration of the motion to reconsider shall be the first item of business at the next regular Board meeting, unless the Board decides to deal with the motion at some earlier time.

 

            (11)      A motion to reconsider an amendment after the original motion to which the amendment was proposed has been considered and disposed of is out of order.

 

            (12)      An amendment cannot be the subject of reconsideration independently of the motion, by-law or other matter amended.

 

            (13)      If a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, and debate on the question to be reconsidered shall proceed as though it has never previously been considered.

 

 

VOTING ON MOTIONS

26.       (1)        A motion shall be deemed to have been carried when a majority of the Members present and voting have expressed their agreement with the question.

 

            (2)        No vote shall be taken by ballot or by any other means of secret voting.

 

            (3)        Any Member, before the question is decided, may require that the vote be recorded, in which case the Executive Director shall call the vote, announce the division, and record the names and votes of every Member on the question.

           

            (4)        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.

 

            (5)        When the Chair is satisfied that a question contains distinct proposals, the Chair may divide the question or upon the request of a Member, shall divide the question, and the vote upon each proposal shall be taken separately.

 

            (6)        Every Member present at a meeting of the Board when a question is put, including the Chair and Vice Chair, shall vote thereon unless prohibited by statute, in which case it shall be recorded.  Any Member who refuses to vote shall be recorded as voting in the negative.

 

            (7)        Any question on which there is an equality of votes shall be deemed to have been decided in the negative.

 

            (8)        When the Chair calls for the vote on a question, each Member shall remain seated until the result of the vote has been declared by the Chair, and during such time no Member shall walk across the room or speak to any other Member or make any noise or disturbance.  A Member not seated shall not be entitled to vote.

 

 

OUTSTANDING INQUIRIES AND MOTIONS

27.       (1)        Inquiries made at a meeting of the Board may be introduced orally or in writing and shall be recorded in the Minutes of the meeting.

 

            (2)        Following each board meeting, the Executive Director will assign a tracking number to each outstanding item and forward in writing any inquiries or motions requiring action or a subsequent report to the Chief of Police or other person assigned responsibility for responding.

 

            (3)        The response shall be submitted in writing to the Executive Director for inclusion in an upcoming Board agenda.

 

            (4)        The Executive Director shall keep a record of all inquiries and motions requiring a response and shall submit a list of outstanding inquiries and motions to the Board at each regular Board meeting.

 

PUBLIC MEETINGS

28.       (1)        All meetings of the Board shall be open to the public subject to section 28 of this by-law, and no person shall be excluded from a public meeting 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.

 

 

CLOSED MEETINGS

29.       (1)        The Board may, by resolution, close a meeting or part of a meeting to members of the public in accordance with the provisions of section 35(4) of the Police Services Act if the Board is of the opinion that:

                       

                        (a)        Matters involving public security may be disclosed, and having regard to the circumstances, the desirability of avoiding their disclosure in the public interest outweighs the desirability of adhering to the principle that proceedings be open to the public; or

 

                        (b)        Intimate financial or personal matters or other matters may be disclosed of such a nature, having regard to the circumstances, that the desirability of avoiding their disclosure in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that proceedings be open to the public.  Such matters could include, but are not limited to:

 

                                                                                 i.          personal matters about an identifiable individual, including employees;

 

                                                                               ii.          labour relations or employee negotiations;

 

                                                                             iii.          litigation or potential litigation, including matters before administrative tribunals, affecting the board or its employees;

 

                                                                             iv.          advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

 

                                                                               v.          a matter in respect of which the board may hold a closed meeting under another Act.

 

            (2)        Notwithstanding subsection (1) above, a meeting or part of a meeting shall be closed to the public if the subject matter to be considered cannot be publicly disclosed pursuant to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990. cM.56 as amended.

 

            (3)        A resolution to close a meeting or part of a meeting to members of the public shall be considered in public prior to any closed meeting taking place and shall state:

 

                        (a)        The time and the fact of the holding of the closed meeting; and

 

                        (b)        The general nature of the matter to be considered at the closed meeting.

 

            (4)        If a matter is deemed by a majority of the Board present and voting to be inappropriate subject matter for a closed meeting, the matter will be deferred until the next regular public meeting and will be included in the public agenda for that meeting.

 

            (5)        If a matter considered in a closed meeting is deemed by a majority of all members of the Board to warrant public disclosure, prior to adjourning the meeting the Chair shall call for a motion to adjourn the closed portion and re-open the public portion of the meeting.  The public minutes will record that the matter was considered in a closed meeting and, if appropriate, will state the resolution.

 

            (6)        Where a meeting or part of a meeting is closed to the public, all persons not specifically invited to remain by the Board shall vacate the meeting.

 

            (7)        Minutes of all or part of a meeting which is closed shall be retained in confidence by the Executive Director and such minutes shall not be open to inspection by any member of the public.

 

            (8)        Any and all information obtained at a closed meeting shall be treated as confidential by any and all persons in attendance.

 

 

HEARING OF DELEGATIONS

30.       (1)        Delegations wishing to address the Board regarding an item not on the agenda will only be heard at regular meetings and provided that the person(s) requesting a delegation has provided written notice of their request at least five (5) working days before the date of the Board meeting.  The request shall include the subject matter and a list of person(s) who will be appearing before the Board and a copy of the materials that will be presented. 

 

(2)        Upon receipt of the written notice requesting a delegation, the request shall be listed on the next appropriate meeting agenda, provided the Board has jurisdiction over the subject matter outlined in the request.

 

(3)        Delegations wishing to address the Board regarding an item listed on the agenda may be heard with permission of the Board.  Requests should be made to the Executive Director, preferably in writing, setting out the particulars of the matter on which the person wishes to speak.  Such requests may be received up until the start of the meeting. 

 

(4)        Delegations shall be restricted to presentations of five (5) minutes and shall address their remarks to the stated business. Notwithstanding the foregoing, the time allotted for any delegation may be extended at the discretion of the Board.

 

(5)        Upon the completion of a presentation to the Board by a delegation, any discourse between Members of the Board and the delegation shall be limited to Members asking questions for clarification and obtaining additional, relevant information only.  Members of the Board shall not enter into debate with the delegation respecting the presentation.

 

(6)        No Delegation shall:

 

            (a)        speak disrespectfully of any person;

            (b)        use offensive words or un-parliamentary language;

(c)        speak on any subject other than the subject for which they have received approval to address the Board; or

            (d)       disobey the rules of procedure or a decision of the Chair.

 

(7)        The Chair may curtail any delegation, any questions of a delegation or debate during a delegation for disorder or any other breach of this by-law and, where the Chair rules that the delegation is concluded, the person or persons appearing shall immediately withdraw.

 

 

COMMUNICATIONS

31.       (1)        Every communication designed to be presented to the Board shall be legibly written or printed, and shall be signed by at least one person and filed with the Executive Director.

 

            (2)        All communications on any subject within the jurisdiction of the Board may be referred by the Board to a Committee of the Board or other body or official by a motion without debate.

 

 

COMMITTEES OF THE BOARD

32.       (1)        Subject to the provisions of section 34 of the Police Services Act, Committees may be established by the Board at any time as is deemed necessary for the consideration of matters within the jurisdiction of the Board.

 

            (2)        The Board may establish Ad Hoc Committees of limited duration, to inquire and report on a particular matter or concern.  An Ad Hoc Committee shall dissolve automatically upon submitting its final report to the Board.

           

            (3)        The Board may establish Public Advisory Committees to report on matters within the jurisdiction of the Board, and members of the public may be invited to participate in such committees as the Board deems appropriate.  

 

            (4)        Subject to the provision of any general or special Act, the Board, in establishing any Committee, shall set forth Terms of Reference of the Committee and such other provisions as the Board shall deem proper.  Committees shall report on their work to the Board as required under the Terms of Reference.

 

            (5)        Each Committee shall appoint a Chair of the Committee.

 

 

BY-LAWS

33.       (1)        Every by-law shall be introduced upon motion by a Member, and any number of by-laws may be introduced together in one motion, but the Board may, at the request of a Member, deal separately with any by-law.

 

            (2)        Every by-law when introduced, shall be in typewritten form, and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act, and shall be complete with the exception of the number and date of the by-law.

 

            (3)        Every by-law of the Board requires only one reading before it may be passed.

 

            (4)        Every by-law which has been passed by the Board shall be numbered and dated and shall be sealed with the seal of the Board and signed by the Chair or the Vice-Chair and the Executive Director and shall be deposited in the Executive Director's office for safekeeping.

 

 

AMENDMENT AND REPEAL

34.       (1)        City of Ottawa Police Services Board Procedural By-law 2 of 2001, as amended by By-law 1 of 2006 and By-law 2 of 2007, is repealed.

 

            (2)        This by-law shall not be amended or repealed except by a majority of the whole Board.

 

            (3)        No amendment or repeal of this By-law shall be considered at any meeting of the Board unless notice of the proposed amendment or repeal was given at a previous regular meeting of the Board and the Board may not waive such notice.

 

 

COMMENCEMENT AND TITLE

35.       (1)        This By-law comes into force and effect on the day that it is passed.

           

            (2)        The short title of this by-law is the Police Services Board Procedure By-law.

 

 

Dated this     day of                          2011.

 

 

 

 

 

 

___________________________________              _________________________________

CHAIR                                                                       EXECUTIVE DIRECTOR