Procedural By-Law

TORONTO POLICE SERVICES BOARD
By-law No. 107

 

To Govern the Proceedings of the Municipality of Metropolitan Toronto Police Services Board

WHEREAS the Municipality of Metropolitan Toronto Police Services Board wishes to establish rules governing the conduct of its meetings;

AND WHEREAS the Municipality of Metropolitan Toronto Police Services Board wishes to ensure that those rules reflect principles of accessibility, responsiveness and accountability to the community, fairness, respect and full debate in the conduct of its meetings and flexibility in responding to changing circumstances at meetings of the Board;

AND WHEREAS the Municipality of Metropolitan Toronto Police Services Board wishes to ensure that the application and interpretation of the procedural rules contained in this by-law are consistent with those principles;

NOW, THEREFORE, the Municipality of Metropolitan Toronto Police Services Board HEREBY ENACTS as follows:

INTERPRETATION

1. In this By-law,

(a) "Board" means the Municipality of Metropolitan Toronto Police Services Board; 

(b) "Board Secretary" means the Secretary of the Board;

(c) "Chair" means the Chair of the Board;

(d) "Vice Chair" means the Vice Chair of the Board;

(e) "Member" means a member of the Board;

(f) "motion to defer" means a motion made for the purpose of disposing of a matter with or without any proposed amendment, by delaying its consideration indefinitely or until some specified time or event;

(g) "motion to receive" means a motion made for the purpose of acknowledging receipt of a particular item and placing the item in the records of the Board for future reference;

(h) "motion to refer the matter" means a motion made for the purpose of disposing of a matter under consideration, with or without any proposed amendment, by deferring it and seeking its consideration by any designated committee, body or official;

(i) "point of order" means the raising of a question for the purpose of calling attention to any departure from the terms of this by-law or the customary modes of proceedings in debate or in the conduct of the Board's business;

(j) "point of procedure" means a question directed to the Chair to obtain information on the rules of the Board bearing on the business at hand in order to assist a Member to make an appropriate motion, raise a point of order or understand the effect of a motion.

GENERAL

2. Subject to section 32, this By-law shall be observed in all proceedings of the Board, other than disciplinary proceedings conducted pursuant to Part V of the Police Services Act, and shall govern the order and dispatch of business conducted by the Board.

3. Meetings of the Board shall be open to the public except as authorized by subsection 35(4) of the Police Services Act or as may be permitted or required by statute or the common law. 

CHAIR AND VICE-CHAIR

4. (1) The Chair shall be Chair of the Board and ex-officio a member of all committees of the Board and shall be entitled to a vote as a member of such committees.

(2) When the Chair is absent, the Vice Chair will take the place of the Chair.

5. (1) The election of a Chair shall be conducted at the first meeting of each calendar year in the following manner:

(i) the Board Secretary or the presiding officer shall call for nominations;

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

(iii) a nominee for the position of Chair requires the vote of a majority of the Members present to be elected;

(iv) if there are more than two nominees who choose to stand and upon the first vote no nominee receives the majority required for election, the name of the nominee receiving the least number of votes shall be dropped and the Board shall proceed to vote again and continue to do so until either,

(a) a nominee receives the majority required for election; or

(b) it becomes apparent by reason of an equality of votes that no nominee can be elected.

(2) Where the votes cast in a vote under this section are equal for all the candidates:

(i) if there are three or more candidates nominated or remaining, the Board Secretary shall by lot select one such candidate to be excluded from subsequent voting; or

(ii) if only two candidates remain, the tie shall be broken and the position of Chair filled by the candidate selected by lot conducted by the Board Secretary.

(3) For the purpose of subsection (2), "lot" means the method for determining the candidate to be excluded or the candidate to fill the position, as the case may be, by placing the names of the candidates on equal size pieces of paper placed in a box and one name being drawn by the Board Secretary.

(4) The Vice Chair shall be elected in the same manner as the Chair. 

HOLDING BOARD MEETINGS

6. (1) Regular meetings of the Board shall commence at 1:00 p.m. unless otherwise provided by resolution of the Board.

(2) At its first meeting in each calendar year, the Board shall by special resolution establish and publish a schedule of its regular meetings for the following one-year period, in accordance with this by-law, and shall adhere to such schedule unless otherwise decided by Board resolution.

(3) Regular meetings shall not be scheduled for a time which conflicts with a regular meeting or a meeting previously called of the Council of the Municipality of Metropolitan Toronto or any of its committees on which Members sit.

7. (1) The Chair may at any time summon a special meeting of the Board on twenty-four hours' notice to the Members and shall summon a special meeting of the Board when requested in writing to do so by a majority of the Members.

(2) The notice calling a special meeting of the Board shall state the business to be considered at the special meeting and no business other than that stated in the notice shall be considered at such meeting.

(3) A special meeting shall not be summoned for a time which conflicts with a regular meeting or a meeting previously called of the Council of the Municipality of Metropolitan Toronto or any of its committees on which members sit.

(4) The Chair shall prepare, in collaboration with the Board Secretary, main and supplementary agendas, with supporting material, to be delivered to the Members in advance of the meeting at which the agenda is to be considered. Any item not included on the agendas can only be introduced at a meeting with the consent of the majority of the Members present.

ORDER OF PROCEEDINGS IN BOARD MEETINGS

8. A majority of Members is necessary to constitute a quorum.

9. As soon as a quorum is present after the hour fixed for a meeting of the Board, the Chair shall take the chair and call the Members to order.

10. If no quorum is present thirty minutes after the time fixed for a meeting of the Board, or the resumption of a meeting after an adjournment, or should a quorum at a meeting be lost for a period of thirty consecutive minutes, the Board Secretary shall, at the request of a majority of the Members present, record the names of the Members present and the meeting shall stand adjourned until the next regular meeting.

11. (1) If the Chair does not attend within thirty minutes after the time fixed for a meeting of the Board, or the resumption of a meeting after an adjournment, the Vice Chair shall call the Members to order and shall act as Chair of the meeting. If the Chair and Vice Chair are absent at the same time, an acting Chair shall be appointed from among the Members present who shall preside until the arrival of the Chair or Vice-Chair.

(2) While presiding, the acting Chair shall have all the powers of the Chair and shall continue to be entitled to vote as a Member.

12. (1) Unless otherwise decided by the Board, the minutes of each meeting of the Board shall be submitted for confirmation or amendment to the Board at its next regular meeting or so soon thereafter as is reasonably practicable.

(2) After minutes of a previous meeting have been confirmed, or approved as amended, by the Board, the Chair shall sign them.

RULES OF DEBATE AT THE BOARD

13. (1) When two or more Members wish to speak, the Chair shall designate the Member who first requested to speak as the Member who speaks first.

(2) For each matter under consideration, the Chair shall maintain a list of Members who have requested to speak and shall designate Members to speak in accordance with that list.

(3) No member shall speak more than once until every member who wishes to speak has done so.

14. When a Member is speaking no other Member shall interrupt him or her except to raise a point of order.

15. Any 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 while speaking.

16. Subject to the remainder of this section, a Member may speak more than once on the same matter.

17. (1) A Member may ask a question only for the purpose of obtaining information relating to the matter then under discussion.

(2) Questions may be asked only:

(a) of a Member who has already spoken on the matter under discussion;

(b) of the Chair;

(c) of an official of the Metropolitan Toronto Police Service or the Metropolitan Toronto Legal Department; and

(d) of any other person addressing the Board pursuant to section 30 of this By-law.

18. The following matters may be introduced by Members at a meeting of the Board without written notice and without the consent of the Board:

(a) a point of order or procedure;

(b) the presentation of petitions;

(c) a motion to suspend or not follow a rule of procedure;

(d) a motion to adjourn the meeting;

(e) a motion that the vote on a matter be taken;

(f) other motions of a purely procedural nature.

VOTING

19. The Chair shall ensure that all Members who wish to speak on a matter have spoken and that the Members are ready to vote and shall then put the matter to a vote.

20. Every Member present at a meeting of the Board when a question is put shall vote on the question, unless prohibited by statute, in which case the fact of the prohibition shall be recorded in the Minutes of the meeting. 

21. (1) The matter put to a vote shall be in the form of a motion addressing the matter then under consideration.

(2) Any member may propose a motion on the matter then under consideration which the Board Secretary shall record in writing.

(3) If there is more than one motion with respect to a matter, the Board Secretary shall record all motions in writing and read the various motions to the members prior to the vote being taken.

22. When a vote is taken, and a Member requests that the vote be recorded, the Board Secretary shall record each Member's vote, and a failure to vote by a Member shall be deemed to be a negative vote.

23. Any motion on which there is an equality of votes shall be deemed to be lost.

RECONSIDERATIONS

24. (1) Subject to subsection (2), after any matter has been decided, any Member may move a motion for reconsideration of the matter.

(2) In the case of a recorded vote, after any matter has been decided, any Member who voted with the majority may move a motion for a reconsideration of the matter.

(3)       No discussion of the matter shall occur until the motion for reconsideration is carried.

POINTS OF ORDER AND PROCEDURE

25. Subject to being overruled by a majority vote of the Members, which vote shall be taken without debate, the Chair

(a) shall maintain order and preserve decorum of the meeting;

(b) shall rule upon points of order and points of procedure without debate or comment, other than to state the applicable rule;

(c) shall rule as to whether a motion or proposed amendment is in order or out of order; and

(d) may call a Member to order.

26. (1) When a Member raises a point of order or procedure he or she shall ask leave of the Chair to do so, and after leave is granted, shall state the point of order to the Chair and request the Chair's ruling on the point.

(2) A Member may further address the Chair on the same point of order or procedure for the purpose of appealing to the Board from the Chair's decision.

(3) If no Member appeals, the decision of the Chair shall be final.

(4) The Board, if appealed to, shall decide the question without debate and its decision shall be final.

27. Whenever any point of order or point of procedure is raised by a Member, it shall be immediately taken into consideration and ruled upon by the Chair, and subject to appeal in accordance with subsections 26(2), (3) and (4), the Chair's ruling is final.

28. When the Chair considers that the integrity of the Chief of Police or other official has been impugned or questioned by a Member, the Chair may permit the Chief or other official to make a statement to the Board on the matter.

CONDUCT OF BOARD MEMBERS

29. All Members shall

(a) treat other Members and any person appearing before or speaking to the Board with courtesy and respect;

(b) speak only on the subject in debate; and

(c) obey the rules of the Board or a decision of the Chair or of the Board on questions of order or procedure or upon the interpretation of the rules of the Board; and in case a Member fails to obey after having been called to order by the Chair, the Chair shall put the question, no amendment, adjournment or debate being allowed, "that such Member be ordered to leave his or her seat for the duration of the meeting of the Board," but if the Member apologizes he or she may, by vote of the Board, be permitted to take his or her seat.

RECEIPT OF PUBLIC DEPUTATIONS AT BOARD MEETINGS

30. (1) Subject to the remainder of this section, any person may, either on his or her own behalf or as a representative of an organization or group, appear at any public meeting of the Board and address the Board with respect to any matter relating to policing under consideration by it or being raised for consideration by such person.

(2) Every person wishing to make oral submissions to the Board shall give written notice to the Board Secretary no later than five working days prior to the next regularly scheduled Board meeting.

(3) The notice referred to in subsection (2) shall be signed by the person or organization or group on behalf of which submissions are to be made, and shall contain an outline of the submissions intended to be made.

(4) The Board may decide to hear oral submissions, notwithstanding non-compliance with the requirements of subsections (2) and (3).

(5) The Board may require the filing of a written version of the submissions with the Board Secretary as a condition of hearing the oral submissions.

(6) Unless otherwise decided by the Board, the presentation of a submission shall be limited to five minutes.

(7) A presentation on behalf of any organization or group may be made by more than a single representative but the entire submission on behalf of a organization or group shall be limited to five minutes.

(8) Despite subsection (6), the time involved in answering questions from the Members shall not be included in the time limit for the presentation of submissions.

OTHER PROCEDURAL MATTERS

31. All procedural matters not addressed in this by-law shall be decided by the Chair first in accordance with the established rules of Metropolitan Council and second in accordance with the established rules of the Legislature of the Province of Ontario.

32. The Board may waive any rules of procedure established by this By-law as it considers appropriate.

33. This by-law shall come into force on the date of its enactment.

ENACTED AND PASSED this 16th day of May, 1996.

 

 

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