Chapter IV: The Main Three Procedural Rules
There are three main parts of procedural rules;
Motion, Debate, and Vote
In this chapter, you will learn about and add to your understanding of the use and application of Bourinot’s Rules of Order in Council & Committee meetings. This section is prepared to help you grasp the rules of motion, debate, and voting procedures as outlined in the City of Hamilton’s By-Law (Section 6 of the Hamilton Procedural By-Law). By the end of this chapter, you will be able to understand and learn how to participate effectively in Council & Committee meetings, ensuring that you follow the correct protocols and procedures.
Chapter Overview
- Rules of Debate
- Voting Procedures
- Motion Procedures
1.0 Rules of Debate
1.1 Precedence and Recognition
- Equality Among Members: Every Member of Council is treated equally. No one has more authority or seniority than anyone else.
- Recognition Before Speaking and Speaking Order: Before speaking on a topic or motion, a Member must get permission from the Mayor or Chair. They need to be recognized and placed on the speakers’ list.
1.2 Speaking and Interruptions
- No Interruptions: When a Member of Council is speaking, no other Member of Council shall pass between that Member of Council and the Mayor or the Chair or interrupt that Member of Council except to raise a point of order or privilege.
- Request to Read Motion: During the debate, any Member can ask for the question or motion being discussed to be read out. However, this request shouldn’t interrupt someone who is already speaking.
- Stay on Topic: Members must speak only about the matter currently being debated. They should not bring up unrelated issues.
- Time Limit for Speaking: Each Member is allowed up to five minutes to ask questions or make statements during Council and Committee meetings.
- Extending Speaking Time: If more time is needed, a majority of the Council or Committee members present can vote to extend the five-minute limit for a specific speaker.
1.3 Introducing Matters Orally Without Notice
- Certain matters can be introduced orally without prior written notice or permission. These include:
- Point of order: Addressing a breach in the meeting’s rules.
- Point of privilege: Addressing an issue affecting the rights or privileges of the Council or a Member.
- Motion to adjourn: Proposing to end the meeting.
- Motion to call the question: Proposing to end the debate and vote.
- Motion to go into committee of the whole: Proposing to discuss the matter informally.
- Motion to recess: Proposing a short break.
- Motion to refer: Proposing to refer the matter to a committee or official for further consideration.
- Motion to defer: Proposing to postpone the discussion to a later time.
- Motion to go into a closed meeting: Proposing a private session.
- Motion to suspend the rules of procedure: Proposing to temporarily set aside the rules.
- Motion to lift: Proposing to bring back a previously tabled motion.
1.4 Designating an Acting Chair
- The Mayor or Chair can choose another Member to act as the Chair during any part of the meeting. This acting Chair will have all the powers of the Mayor or Chair during that time.
2.0 Voting Procedures
2.1 Possession of Motion
- Motion Possession: Once a motion is moved and seconded, it is considered to be in the possession of the council or committee and becomes the responsibility of the Council or Committee to consider and vote on it.
2.2 Voting Restrictions
- Prohibited Voting: If a Member of Council is legally prohibited from voting on a motion, the Clerk will record their name and the reason for the prohibition.
2.3 Electronic Voting
- Electronic Voting at In-Person Meetings
- When electronic voting is available at an in-person meeting, all Members must vote electronically, except for procedural motions (such as referring, deferring, withdrawing, recessing, calling the question, and adjourning) and Consent Items, which are voted on by a show of hands.
- Electronic Voting at Virtual/Hybrid Meetings
- In virtual or hybrid meetings, if electronic voting is available, all Members must vote electronically.
2.4 Handling Errors in Voting
- Display of Voting Results: When electronic voting is used, the results will be displayed and recorded.
- Voting by Show of Hands: If electronic voting is not available, Members will vote by a show of hands.
- Void Votes
- Correcting Voting Errors Immediately: If a Member notices their vote was omitted or recorded incorrectly during an electronic vote, they must immediately notify the Mayor or Chair before the next vote. The vote will be retaken electronically right away.
- Correcting Voting Errors Later: If a Member notices a voting error after another vote has been taken, they can request reconsideration. If two-thirds of the Council or Committee agrees, the vote will be retaken. If not, the original vote stands.
- Tie Votes: If a vote results in a tie, the motion is considered lost.
- Non-Disclosure of Pecuniary Interest: At in-person meetings, if a Member does not disclose a pecuniary interest and fails to vote, they are considered to have voted negatively, and this will be noted. At virtual/hybrid meetings, if a Member doesn’t disclose a pecuniary interest and fails to vote electronically, the Mayor or Chair will call on them three times. If there’s no response, they will be marked as ‘Not Present’ during the vote.
2.5 Recorded Votes
- Recorded Votes Without Electronic Voting: If electronic voting is not available and a Member requests a recorded vote, the Clerk will record each Member’s vote by name.
- Conduct During Voting: When the Mayor or Chair calls for a vote, Members must stay in their seats and refrain from walking around, talking, or causing disturbances until the result is declared.
- No Secret Voting: Votes cannot be taken by ballot or any secret method. All votes must be open and transparent unless allowed by law.
- Closed Meeting Votes: Votes can be taken in closed sessions if they relate to issues that legally allow for closed meetings and involve procedural matters or giving directions to city officials or contractors.
- Dividing a Question: If a motion contains separate propositions, a Member can request that the Mayor or Chair divide the question so each proposition is voted on separately.
- Disputing Vote Results: If a Member disagrees with the Mayor or Chair’s announcement of the vote result, they can immediately request a recorded vote for verification.
- Advisory Committee Voting: Members of Council who serve on an Advisory Committee do not have voting rights in that committee’s meetings.
3.0 Motion Procedures
3.1 Notice of Motion
- Written Notice: New motions, except those listed in subsection 6.1(8), require written notice.
- Agenda Placement: If not proceeded with at the next meeting, the motion is dropped unless decided otherwise by council or committee.
- Dropping Motions: If not proceeded with at the second meeting, the motion is withdrawn.
- Time-Sensitive Matters: In emergencies, motions can be introduced without notice if approved by a two-thirds majority.
3.2 Motion to Withdraw
- Withdrawal: A moved and seconded motion can be withdrawn by the mover anytime before a decision or amendment.
3.3 Motion to Amend
- Written Amendments: Amendments must be in writing and seconded.
- Relevance: Amendments must be relevant and not reject the main question.
- Order of Voting: Amendments are voted on in reverse order of their introduction.
3.4 Motion to Defer
- Deferral: Debatable and must include a date for reconsideration.
3.5 Motion to Refer
- Referral: Must include the recipient and may include instructions.
- Debatability: Only instructions are debatable.
- Amendability: Can be amended in accordance with motion to amend procedures.
- Referral Procedure: If defeated by a Standing Committee, the Chair calls the question.
- Speaking Restrictions: A member who has spoken cannot move to refer a question.
- Order: Only in order after all first-time speakers are heard.
3.6 Motion to Adjourn
- Adjournment: Always in order except when a member is speaking, during a vote, immediately after a motion to call the question, or if a member has indicated a desire to speak.
3.7 Motion to Call the Question
- Call the Question: In order except when a member is speaking or before the first-time speakers’ list is exhausted.
3.8 Reconsidering a Matter
- Notice of Reconsideration: Only by a member who voted in the majority and referred to the next meeting.
- Frequency: No more than once per term.
- Majority Requirement: Two-thirds majority needed for approval.
- Legal Commitments: Cannot reconsider matters that have resulted in legally binding commitments.
- Non-Reconsiderable: Motions to adjourn, recess, and suspend rules cannot be reconsidered.
- Debate: Limited to reasons for or against reconsideration.
- Exemptions: Some motions pertaining to previous decisions are exempt from reconsideration rules.
3.9 Procedural Motion Order
- Sequence: Order of precedence is to adjourn, recess, request information, call the question, defer, refer, and amend.
3.10 Non-Debatable Motions
- Non-Debatable motions Includes motions to adjourn, refer (except instructions), suspend rules, points of order, and privilege.
3.11 Suspension of Rules
- Suspension requires a two-thirds majority for approval.
3.12 Jurisdiction of Motions
- Beyond Jurisdiction: Motions beyond council’s jurisdiction are not in order.
Sources:
- City of Hamilton’s Procedural By-Law