Procedure By-law: Proposed Changes

ADMINISTRATIVE REPORT

Date: September 6, 2002
Author/Local: J.MacKenzie/

604-871-6146

RTS NO. 2937

CC File No. 113

CS&B: October 3, 2002

TO:

Standing Committee on City Services and Budgets

FROM:

City Clerk

SUBJECT:

Procedure By-law: Proposed Changes

RECOMMENDATION

A. THAT Council approve the proposed Procedure By-law as outlined in this Administrative Report dated September 6, 2002 entitled "Procedure By-law: Proposed Changes" and set out in Appendix A; and

B. THAT the Director of Legal Services be instructed to prepare a by-law for enactment substantially in the form of the by-law attached as Appendix A.

CITY MANAGER'S COMMENTS

The City Manager RECOMMENDS approval of A and B above.

COUNCIL POLICY

There is no Council policy regarding this matter.

PURPOSE

The purpose of this report is to obtain Council approval of a new Procedure By-law being proposed by the City Clerk.

BACKGROUND

Under Section 164.1 of the Vancouver Charter Council must, by by-law, establish meeting procedures that are to be followed for:

· the conduct of its business, including the manner in which resolutions may be passed and by-laws adopted; and
· the conduct of meetings of select and standing committees of Council and any other committee composed solely of Council members acting in that capacity.

In addition, the by-law must establish the time and place of regular meetings of Council, require advance public notice regarding the time, place and date of Council and committee meetings, and establish procedures for giving that notice.

In response to these requirements, Council has enacted Procedure By-law No. 7253, a copy of which is attached as Appendix B, to regulate the procedures of the City Council and its Committees. In its present form, the by-law addresses the Charter requirements and is meant to be consistent with principles of parliamentary procedure.

A new Procedure By-law is proposed because:

· Reorganization of the by-law will make it easier to use as a reference document.
· Using plain language and clarifying terms referenced in the by-law will make it more user-friendly.
· The current by-law establishes the rules of the Legislative Assembly of British Columbia as the parliamentary procedural guide where the by-law does not specifically answer a question related to procedure. These rules do not lend themselves well to municipal application.
· Removal of the procedural requirements that are already set out in the Vancouver Charter will avoid confusion as to the source of authority.
· The addition of sufficient detail to provide clarity in the procedures to be applied in commonly encountered proceedings within Council and committee meetings will assist Council.
· Procedural circumstances have arisen from time to time causing Council to request a review of the Procedure By-law.

DISCUSSION

In response to the issues outlined above, attached is a draft new Procedure By-law (Appendix A). The following is a summary of the specific changes being proposed in the new Procedure By-law from the existing Procedure By-law 7253. The proposed changes are categorized as being either housekeeping or substantive in nature.

Housekeeping Changes
In order to make the Procedure By-law easier to use and understand, a number of organization/housekeeping changes are proposed. These changes include:

· modernizing the language used in the By-law;
· defining terms where appropriate;
· reorganizing the By-law into ten numbered sections, each section of which pertains to a significant area of council and committee business;
· establishing subject headings for each subsection; and
· grouping related items within subsections through the use of lettered clauses.

In addition, the following changes to the content of the by-law are proposed as "housekeeping" changes:

Current By-law Procedure

Proposed By-law Procedure

Statutory Requirements

The existing by-law includes a number of procedure-related requirements stipulated within the Vancouver Charter. However, not all such requirements are captured in the by-law. The following procedural rules are dictated by the Charter:
· s. 3.6 quorum
· s. 5.2 - 2/3 vote requirement when appealing decision of Chair
· s. 8.2 - tie vote - question defeated
· s. 8.3 - abstaining from vote
· ss. 8.4-8.8 declaring conflict of interest
· s. 10.1 - 2/3 vote requirement for rescinding resolution in current term of Council

The proposed by-law eliminates the repetition of all procedural requirements under the Charter.

Note that these requirements will continue to apply.

Meeting Chair

s. 4.1 - Establishes the Mayor as the "Presiding Officer".

s. 2.6 - This subsection eliminates use of the term "Presiding Officer" and, in its place, establishes the "Chair".

Substantive Changes
In addition to the housekeeping changes, numerous changes of significance are proposed. These changes are summarized as follows:

A. Council Meetings - Procedures and Protocol

Current By-law Procedure

Proposed By-law Procedure

Food and Beverage Restrictions

The existing by-law does not address this matter.

The current practice restricts food and beverages in the Council chamber.

s. 4.9 - This subsection proposes to prohibit food and beverages in the Council chamber. Only beverages in cups will be allowed.

Rules of Order - Procedural Reference

s. 2 - Rules of the Legislative Assembly of British Columbia are the reference source where the Procedure By-law or Charter does not specifically address a question of parliamentary procedure.

s. 1.2 - This subsection establishes Robert's Rules of Order, Newly Revised as the procedural reference source.

Order of Business

Agenda - s. 6.1 dictates the order of business for regular meetings of Council.

s. 3.3 - This subsection modifies the agenda, as it currently stands, by removing "Delegations"and establishing "New Business" and "Enquiries and Other Matters" as separate agenda items.

Special Meetings

s. 3.5 allows for the calling of special meetings of Council. No further detail is provided in the existing by-law.

ss. 2.2, 2.3, and 3.4 - These subsections expand on the existing by-law to include how notice will be provided and what the order of business will be at special meetings.

The business to be transacted at special meetings will be limited to only that business included in the notice for that special meeting.

Suspension of Rules

s. 5.3 - Council may suspend any rule of order with 2/3 vote of the members present.

s. 3.13 - This subsection clarifies the current rule by specifying that the 2/3 vote of members present is without debate, and that a rule may be suspended for the remainder, or stipulated part, of the meeting.

Chair's Status

The current by-law does not address this matter.

s. 4.4 - This rule proposes that the Chair, immediately before participating in debate, relinquish the chair to the person next entitled.

Protocol of Members at Meetings

Rules of conduct - ss. 5.11 and 5.12 prohibits members from speaking disrespectfully of the Crown and members of Royal Family, and prohibits the use of offensive words.

s. 4.5(a)-(h) - This subsection expands on the existing by-law to include rules of conduct related to the words, tone, gestures, and manner of members. Under this subsection, unparliamentary language and conduct is prohibited, as is expressing an opinion, or making allegations that, directly or indirectly, reflect upon the character of any person or groups of persons. In addition, this subsection prohibits members from questioning of the motives of members. Specific reference to the Crown and Royal Family is removed.

Speaking - s. 5.5 stipulates that member wishing to speak must rise and wait to be recognized by the Chair before speaking.

s. 4.2 - This subsection recognizes disabilities and limits speaking to those matters permitted by the Procedure By-law.

Expulsion - s. 5.15 - The Chair may order a member to leave but if the member apologizes, Council may, with majority vote, allow member to remain.

The existing by-law does not set out procedure for allowing an expelled member to later return to the meeting.

ss. 4.6 and 4.7 - These subsections allow the Chair to expel a member for cause, subject to appeal to Council. Additionally, it modifies the existing procedure to enable a member, who was expelled, to return to the Council meeting.
Once expelled, if the member wishes to return to Council, that member must advise Council and, with a 2/3 vote of the members present, Council may allow the member to return to public podium to apologize. Subsequently, Council, with a 2/3 vote of the members present, may resolve to allow the member to return to their seat.

Grouping Report Recommendations for Consent

The existing by-law does not address this matter.

Under current practice, Council considers the recommendations contained in each report from a City official, on a report-by-report basis.

s. 3.8 - This subsection allows Council to adopt the recommendations contained in all reports from City officials as a group through the use of a single blanket motion.

Any member may request that any particular report be held and debated. In this instance, the particular report will be debated and voted on separately.

Members Seeking Information - Questions

ss. 6.5 - 6.7 - Members may seek information on any matter before Council or about City affairs. Questions are to be addressed, through the Chair, to any councillor, staff, or the public.

Questions cannot include any argument, opinion, or facts beyond those necessary to explain the question.

The current practice is such that questions of staff are asked through the City Manager. Members do not ask questions of the public. In addition, questions not related to a matter currently under consideration, are to be raised in the enquiries section of the agenda.

s. 3.9(a)-(d) - This subsection is consistent with existing by-law and seeks to incorporate the current practice in which members do not ask the public questions and may ask the City Manager questions. Additionally, it includes a time limitation on members asking questions.

Specifically, s. 3.9(c) provides members with the floor for not more than five minutes when asking questions, after which time they must relinquish the floor. Members are not limited on how many times they may take the floor to ask questions.

Questions not related to a matter before Council may be asked by the member under the "Enquiries and Other Matters" section of the agenda.

B. Motions

Current By-law Procedures

Proposed By-law Procedure

Getting a Motion on the Agenda

s6.4 - members wishing to bring a matter before Council that is not on the agenda, must submit the motion in writing to the City Clerk.

The existing by-law does not stipulate timelines. However, the current practice is that if a motion is received prior to agenda being distributed, the motion will be added to the agenda and circulated to members with the agenda. Notice is considered given.

s5.3 - This subsection proposes that members wishing to bring a motion to an upcoming regular meeting, must submit the motion in writing and electronic form, and specify which regular meeting they wish to move the motion.

Such motions must be received by the City Clerk not later than 5:00 p.m. two business days before the meeting in order for notice to be considered given and, therefore, making the motion debatable at that meeting. The City Clerk is to add the motion to the agenda (under Notices of Motion) and circulate the amended agenda with the motion, to the members prior to the meeting.

When a Motion is Considered New Business

Under ss. 6.4, 7.1, 7.2 , motions are considered new business where they are received after the agenda has been distributed or raised at the regular meeting.

Before debate begins, any member may call notice.

When notice is called, the motion will be placed on the agenda of the next regular meeting.

ss. 5.3 and 5.4 - Under the proposed by-law, motions will be considered new business when the motion is received by the City Clerk later than 5:00 p.m. two business days before the specified regular meeting is to occur.

Before a member moves the motion, a written copy of the motion must be provided to the City Clerk for distribution to each member.

Any member may call notice and, if notice is called, the motion will be placed on the next regular agenda. As such, if notice is called, the motion will appear on the next Council agenda which may be a Tuesday Council or a Council meeting after a Standing Committee meeting, which ever comes first.

Moving Motions Raised Under Notices of Motions or New Business

This matter is not specified in the current Procedure By-law.

s. 5.5 - This subsection provides members with one minute in which to move a motion raised under the "Notices of Motions" or "New Business" section of the agenda, and precludes reading the preamble.

This rule requires the member to succinctly state the motion. Where notice has been given, the Chair may rule on whether the motion is out of order, or where the motion is new, a member may call notice. In the latter instance, the motion would appear on the next regular agenda.

Motions Out of Order

The existing by-law does not address this matter other than to state (s. 5.13) that members cannot speak on a matter previously decided by Council, unless they are moving to rescind.

s. 5.6 (a) - (g) - This subsection seeks to substantially clarify when motion may be considered out of order by the Chair. For example, a motion is out of order when it is not compatible with the purposes and objects of the Vancouver Charter - including good rule and government of the City - or the health, safety, and welfare of its inhabitants, when it is dilatory, incorrect, frivolous, or rude, when it conflicts with or presents substantially the same question as a motion Council previously decided at the same meeting or the matter is still within control of Council because it has not been finally disposed of, or when it conflicts with a law or by-law.

Motions Under Debate

Time limits on speaking during debate -The current by-law does not address this matter other than to state (s. 7.3) that a member can only speak once to the same question, unless they are allowed to do so by Council.

s. 5.7 - This subsection allows each member 5 minutes to speak to a motion. Members are allowed one 5-minute extension by Council. Members may not speak again until every member has had the opportunity to speak.

s. 5.8 - The member who moved a substantive motion is allowed a 5-minute reply. Council may allow one 5-minute extension.

Permissible motions - s. 7.6 specifies those motions that are permissible when a motion is under debate.

s. 5.10 - This subsection is largely the same as the current by-law but provides additional clarity around the postponement of a motion and expands on the motions permissible under the current by-law to include the motion to receive the matter for information.

C. Revisiting Council Decisions

Current By-law Procedure

Proposed By-law Procedure

Reconsidering the Vote on a Motion

The existing by-law does not address this matter.

s. 5.12(a)-(f) - This subsection allows Council to reconsider the vote on a motion already decided at the same meeting.

The member moving the motion must have voted on the prevailing side. A motion to reconsider requires a second and is not amendable. However, the motion to reconsider is debatable if the type of motion to be reconsidered is debatable. A motion to reconsider cannot be reconsidered.

If Council resolves to reconsider the vote, the motion being reconsidered is placed before Council as if it had never been voted on.

Rescinding or Amending a Resolution

The current by-law states, in s. 5.13, that a member may speak to move that a vote on a matter previously decided by Council be rescinded.

In addition, s. 10.1 states that previous resolutions passed by Council in its current term can be rescinded by a 2/3 vote of the members present.

s. 10.1 is a requirement under the Vancouver Charter.

s. 5.13 - This subsection allows Council to rescind or amend a resolution previously adopted. The resolution must have been made during Council's current term. A motion to rescind a matter from a previous term is always in order, except where action has already been taken.

The member moving to rescind or amend a resolution must have voted with the majority. A motion to rescind or amend requires a second. It is both amendable and debatable.

A motion cannot be rescinded or amended if action on the motion has been carried out.

Requirements under the Vancouver Charter have been removed from the proposed by-law as it is a duplication. The 2/3 vote of the members present is required.

Resubmitting a Failed Motion

Motions that failed within past 365 days -The current by-law does not address this matter.

In absence of a rule, this means that, currently, any failed motion may be brought back at any time.

s. 5.14 - This subsection allows Council to revisit a motion that had previously failed within the lesser of the past 365 days or current Council term, other than at the current meeting. Motions passed by a previous Council are excluded from this rule and may be revisited at any time by a new Council.

The member moving to resubmit a defeated motion must have voted with the majority. The motion requires a second and is both amendable and debatable. Passage of a previously failed motion requires a 2/3 vote of members present.

A defeated motion cannot be resubmitted if action based on its failure has already been taken.

Motions failed beyond 365 days - The current By-law does not address this matter.

s. 5.15 - The subsection allows any member to bring before Council any motion that failed provided it did so more than 365 days before or during a previous Council term.

D. Voting

Current By-law Procedures

Proposed By-law Procedure

ss. 8.1-8.8, 9.1- 9.9, and 10.1-10.2 -These sections articulate the voting procedure.

The proposed by-law removes the procedural requirements set out in the Vancouver Charter.
ss. 6.1-6.7 are consistent with the current non-Charter required voting practices of Council.

E. By-laws

Current By-law Procedures

Proposed By-law Procedure

ss. 13.1 to 13.6 requires that every by-law be given three readings and set out the procedure to be followed for completing these readings.
The first reading, followed by the second and third reading, may occur at the same meeting. However, if any three members object to the second and third reading occurring on the same day, those readings are to be voted on at the next regular meeting.

Debate and amendments may occur at the time of the second and third readings. After debate and disposing of any amendments, Council may resolve to give the by-law second and third readings and authorize the Mayor and City Clerk to sign and seal the by-law.

The proposed Procedure By-law eliminates the requirement that every by-law be given three readings. In its place, the following procedure is proposed in ss. 8.3 and 8.4:

· All proposed by-laws before Council on the agenda may be enacted by a single motion introduced by the Chair and passed by Council.
· Where any member wants to debate or have a separate vote on any particular proposed by-law, that by-law will be debated and may be amended by Council, or voted on separately by Council, as the case may be.
· If a member wishes to postpone the vote on a by-law to another meeting, the member must move a postponement motion and obtain a majority.

CONCLUSION

To address the issues identified in this report, Council should consider the proposed new Procedure By-law.

* * * * *

Link to Appendix A

Link to Appendix B

Comments or questions? You can send us email.


TO:	Standing Committee on City Services and Budgets
FROM:	City Clerk
SUBJECT:	Procedure By-law: Proposed Changes


	Current By-law Procedure	Proposed By-law Procedure
Statutory Requirements
	The existing by-law includes a number of procedure-related requirements stipulated within the Vancouver Charter. However, not all such requirements are captured in the by-law. The following procedural rules are dictated by the Charter: · s. 3.6 quorum · s. 5.2 - 2/3 vote requirement when appealing decision of Chair · s. 8.2 - tie vote - question defeated · s. 8.3 - abstaining from vote · ss. 8.4-8.8 declaring conflict of interest · s. 10.1 - 2/3 vote requirement for rescinding resolution in current term of Council	The proposed by-law eliminates the repetition of all procedural requirements under the Charter. Note that these requirements will continue to apply.
Meeting Chair
	s. 4.1 - Establishes the Mayor as the "Presiding Officer".	s. 2.6 - This subsection eliminates use of the term "Presiding Officer" and, in its place, establishes the "Chair".


A. Council Meetings - Procedures and Protocol
	Current By-law Procedure	Proposed By-law Procedure
Food and Beverage Restrictions
	The existing by-law does not address this matter. The current practice restricts food and beverages in the Council chamber.	s. 4.9 - This subsection proposes to prohibit food and beverages in the Council chamber. Only beverages in cups will be allowed.
Rules of Order - Procedural Reference
	s. 2 - Rules of the Legislative Assembly of British Columbia are the reference source where the Procedure By-law or Charter does not specifically address a question of parliamentary procedure.	s. 1.2 - This subsection establishes Robert's Rules of Order, Newly Revised as the procedural reference source.
Order of Business
	Agenda - s. 6.1 dictates the order of business for regular meetings of Council.	s. 3.3 - This subsection modifies the agenda, as it currently stands, by removing "Delegations"and establishing "New Business" and "Enquiries and Other Matters" as separate agenda items.
Special Meetings
	s. 3.5 allows for the calling of special meetings of Council. No further detail is provided in the existing by-law.	ss. 2.2, 2.3, and 3.4 - These subsections expand on the existing by-law to include how notice will be provided and what the order of business will be at special meetings. The business to be transacted at special meetings will be limited to only that business included in the notice for that special meeting.
Suspension of Rules
	s. 5.3 - Council may suspend any rule of order with 2/3 vote of the members present.	s. 3.13 - This subsection clarifies the current rule by specifying that the 2/3 vote of members present is without debate, and that a rule may be suspended for the remainder, or stipulated part, of the meeting.
Chair's Status
	The current by-law does not address this matter.	s. 4.4 - This rule proposes that the Chair, immediately before participating in debate, relinquish the chair to the person next entitled.
Protocol of Members at Meetings
	Rules of conduct - ss. 5.11 and 5.12 prohibits members from speaking disrespectfully of the Crown and members of Royal Family, and prohibits the use of offensive words.	s. 4.5(a)-(h) - This subsection expands on the existing by-law to include rules of conduct related to the words, tone, gestures, and manner of members. Under this subsection, unparliamentary language and conduct is prohibited, as is expressing an opinion, or making allegations that, directly or indirectly, reflect upon the character of any person or groups of persons. In addition, this subsection prohibits members from questioning of the motives of members. Specific reference to the Crown and Royal Family is removed.
	Speaking - s. 5.5 stipulates that member wishing to speak must rise and wait to be recognized by the Chair before speaking.	s. 4.2 - This subsection recognizes disabilities and limits speaking to those matters permitted by the Procedure By-law.
	Expulsion - s. 5.15 - The Chair may order a member to leave but if the member apologizes, Council may, with majority vote, allow member to remain. The existing by-law does not set out procedure for allowing an expelled member to later return to the meeting.	ss. 4.6 and 4.7 - These subsections allow the Chair to expel a member for cause, subject to appeal to Council. Additionally, it modifies the existing procedure to enable a member, who was expelled, to return to the Council meeting. Once expelled, if the member wishes to return to Council, that member must advise Council and, with a 2/3 vote of the members present, Council may allow the member to return to public podium to apologize. Subsequently, Council, with a 2/3 vote of the members present, may resolve to allow the member to return to their seat.
Grouping Report Recommendations for Consent
	The existing by-law does not address this matter. Under current practice, Council considers the recommendations contained in each report from a City official, on a report-by-report basis.	s. 3.8 - This subsection allows Council to adopt the recommendations contained in all reports from City officials as a group through the use of a single blanket motion. Any member may request that any particular report be held and debated. In this instance, the particular report will be debated and voted on separately.
Members Seeking Information - Questions
	ss. 6.5 - 6.7 - Members may seek information on any matter before Council or about City affairs. Questions are to be addressed, through the Chair, to any councillor, staff, or the public. Questions cannot include any argument, opinion, or facts beyond those necessary to explain the question. The current practice is such that questions of staff are asked through the City Manager. Members do not ask questions of the public. In addition, questions not related to a matter currently under consideration, are to be raised in the enquiries section of the agenda.	s. 3.9(a)-(d) - This subsection is consistent with existing by-law and seeks to incorporate the current practice in which members do not ask the public questions and may ask the City Manager questions. Additionally, it includes a time limitation on members asking questions. Specifically, s. 3.9(c) provides members with the floor for not more than five minutes when asking questions, after which time they must relinquish the floor. Members are not limited on how many times they may take the floor to ask questions. Questions not related to a matter before Council may be asked by the member under the "Enquiries and Other Matters" section of the agenda.


B. Motions
	Current By-law Procedures	Proposed By-law Procedure
Getting a Motion on the Agenda
	s6.4 - members wishing to bring a matter before Council that is not on the agenda, must submit the motion in writing to the City Clerk. The existing by-law does not stipulate timelines. However, the current practice is that if a motion is received prior to agenda being distributed, the motion will be added to the agenda and circulated to members with the agenda. Notice is considered given.	s5.3 - This subsection proposes that members wishing to bring a motion to an upcoming regular meeting, must submit the motion in writing and electronic form, and specify which regular meeting they wish to move the motion. Such motions must be received by the City Clerk not later than 5:00 p.m. two business days before the meeting in order for notice to be considered given and, therefore, making the motion debatable at that meeting. The City Clerk is to add the motion to the agenda (under Notices of Motion) and circulate the amended agenda with the motion, to the members prior to the meeting.
When a Motion is Considered New Business
	Under ss. 6.4, 7.1, 7.2 , motions are considered new business where they are received after the agenda has been distributed or raised at the regular meeting. Before debate begins, any member may call notice. When notice is called, the motion will be placed on the agenda of the next regular meeting.	ss. 5.3 and 5.4 - Under the proposed by-law, motions will be considered new business when the motion is received by the City Clerk later than 5:00 p.m. two business days before the specified regular meeting is to occur. Before a member moves the motion, a written copy of the motion must be provided to the City Clerk for distribution to each member. Any member may call notice and, if notice is called, the motion will be placed on the next regular agenda. As such, if notice is called, the motion will appear on the next Council agenda which may be a Tuesday Council or a Council meeting after a Standing Committee meeting, which ever comes first.
Moving Motions Raised Under Notices of Motions or New Business
	This matter is not specified in the current Procedure By-law.	s. 5.5 - This subsection provides members with one minute in which to move a motion raised under the "Notices of Motions" or "New Business" section of the agenda, and precludes reading the preamble. This rule requires the member to succinctly state the motion. Where notice has been given, the Chair may rule on whether the motion is out of order, or where the motion is new, a member may call notice. In the latter instance, the motion would appear on the next regular agenda.
Motions Out of Order
	The existing by-law does not address this matter other than to state (s. 5.13) that members cannot speak on a matter previously decided by Council, unless they are moving to rescind.	s. 5.6 (a) - (g) - This subsection seeks to substantially clarify when motion may be considered out of order by the Chair. For example, a motion is out of order when it is not compatible with the purposes and objects of the Vancouver Charter - including good rule and government of the City - or the health, safety, and welfare of its inhabitants, when it is dilatory, incorrect, frivolous, or rude, when it conflicts with or presents substantially the same question as a motion Council previously decided at the same meeting or the matter is still within control of Council because it has not been finally disposed of, or when it conflicts with a law or by-law.
Motions Under Debate
	Time limits on speaking during debate -The current by-law does not address this matter other than to state (s. 7.3) that a member can only speak once to the same question, unless they are allowed to do so by Council.	s. 5.7 - This subsection allows each member 5 minutes to speak to a motion. Members are allowed one 5-minute extension by Council. Members may not speak again until every member has had the opportunity to speak. s. 5.8 - The member who moved a substantive motion is allowed a 5-minute reply. Council may allow one 5-minute extension.
	Permissible motions - s. 7.6 specifies those motions that are permissible when a motion is under debate.	s. 5.10 - This subsection is largely the same as the current by-law but provides additional clarity around the postponement of a motion and expands on the motions permissible under the current by-law to include the motion to receive the matter for information.


C. Revisiting Council Decisions
	Current By-law Procedure	Proposed By-law Procedure
Reconsidering the Vote on a Motion
	The existing by-law does not address this matter.	s. 5.12(a)-(f) - This subsection allows Council to reconsider the vote on a motion already decided at the same meeting. The member moving the motion must have voted on the prevailing side. A motion to reconsider requires a second and is not amendable. However, the motion to reconsider is debatable if the type of motion to be reconsidered is debatable. A motion to reconsider cannot be reconsidered. If Council resolves to reconsider the vote, the motion being reconsidered is placed before Council as if it had never been voted on.
Rescinding or Amending a Resolution
	The current by-law states, in s. 5.13, that a member may speak to move that a vote on a matter previously decided by Council be rescinded. In addition, s. 10.1 states that previous resolutions passed by Council in its current term can be rescinded by a 2/3 vote of the members present. s. 10.1 is a requirement under the Vancouver Charter.	s. 5.13 - This subsection allows Council to rescind or amend a resolution previously adopted. The resolution must have been made during Council's current term. A motion to rescind a matter from a previous term is always in order, except where action has already been taken. The member moving to rescind or amend a resolution must have voted with the majority. A motion to rescind or amend requires a second. It is both amendable and debatable. A motion cannot be rescinded or amended if action on the motion has been carried out. Requirements under the Vancouver Charter have been removed from the proposed by-law as it is a duplication. The 2/3 vote of the members present is required.
Resubmitting a Failed Motion
	Motions that failed within past 365 days -The current by-law does not address this matter. In absence of a rule, this means that, currently, any failed motion may be brought back at any time.	s. 5.14 - This subsection allows Council to revisit a motion that had previously failed within the lesser of the past 365 days or current Council term, other than at the current meeting. Motions passed by a previous Council are excluded from this rule and may be revisited at any time by a new Council. The member moving to resubmit a defeated motion must have voted with the majority. The motion requires a second and is both amendable and debatable. Passage of a previously failed motion requires a 2/3 vote of members present. A defeated motion cannot be resubmitted if action based on its failure has already been taken.
	Motions failed beyond 365 days - The current By-law does not address this matter.	s. 5.15 - The subsection allows any member to bring before Council any motion that failed provided it did so more than 365 days before or during a previous Council term.


D. Voting
	Current By-law Procedures	Proposed By-law Procedure
	ss. 8.1-8.8, 9.1- 9.9, and 10.1-10.2 -These sections articulate the voting procedure.	The proposed by-law removes the procedural requirements set out in the Vancouver Charter. ss. 6.1-6.7 are consistent with the current non-Charter required voting practices of Council.


E. By-laws
	Current By-law Procedures	Proposed By-law Procedure
	ss. 13.1 to 13.6 requires that every by-law be given three readings and set out the procedure to be followed for completing these readings. The first reading, followed by the second and third reading, may occur at the same meeting. However, if any three members object to the second and third reading occurring on the same day, those readings are to be voted on at the next regular meeting. Debate and amendments may occur at the time of the second and third readings. After debate and disposing of any amendments, Council may resolve to give the by-law second and third readings and authorize the Mayor and City Clerk to sign and seal the by-law.	The proposed Procedure By-law eliminates the requirement that every by-law be given three readings. In its place, the following procedure is proposed in ss. 8.3 and 8.4: · All proposed by-laws before Council on the agenda may be enacted by a single motion introduced by the Chair and passed by Council. · Where any member wants to debate or have a separate vote on any particular proposed by-law, that by-law will be debated and may be amended by Council, or voted on separately by Council, as the case may be. · If a member wishes to postpone the vote on a by-law to another meeting, the member must move a postponement motion and obtain a majority.