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