✨ Bye-Law No. 11: Regulation of proceedings of Council officers




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  • Reduced into writing, signed by the mover, and delivered to the Chairman immediately on their being moved and seconded.
  1. No second or subsequent amendment, whether upon an original proposition or on an amendment, shall be taken into consideration until the previous amendment is disposed of.

  2. If an amendment be carried, the question or amendment as amended shall become itself the question or amendment, whereupon any further amendment upon any portion of the question or amendment coming after such first-mentioned amendment may be moved.

  3. If an amendment be negatived, then a second may be moved to the question to which the first-mentioned amendment was moved, but only one amendment shall be submitted to the Council for discussion at a time.

  4. The mover of every original proposition, but not of any amendment, shall have a right to reply immediately after which the question shall be put from the chair; but no Councillor shall be allowed to speak more than once on the same question unless permission be given to explain, or the attention of the chair be called to a point of order.

  5. No discussion shall be allowed on any motion for adjournment of the Council, but if on the question being put the motion be negatived, the subject then under consideration, or the next on the notice-paper, shall be discussed, or any other that may be allowed precedence before any subsequent motion for adjournment be made.

  6. Any Councillor may protest against any resolution of the Council, and notice of intention to protest shall in every case be given forthwith on the adoption of the resolution protested against, and the protest shall specify the reasons for protesting, and shall be entered three days at least before the next ordinary meeting of the Council by the protesting Councillor in a book to be kept for that purpose in the Town Clerk's office, and signed by such Councillor, and shall be also entered in the minutes of the meeting at which notice of the intention to protest shall have been given previously to the confirmation thereof, but such protest may be expunged from the minutes if declared by a majority of the Council to be not in accordance with truth, or in its terms disrespectful to the Council.

Lapsed Questions.

  1. If a debate on any motion moved and seconded be interrupted by the number of the Councillors present becoming insufficient for the transaction of business, such debate may be resumed at the point where it was so interrupted on motion upon notice.

  2. If a debate on any order of the day be interrupted by such insufficiency of number as aforesaid happening, such order may be restored to the notice-book for a future day on motion upon notice, and then such debate shall be resumed at the point where it was so interrupted.

Committees.

  1. Minutes of all proceedings of Committees, as well of their reports, numbered in consecutive order, shall be entered in the Committee's minute book, and, being signed by the Chairman of Committee, shall be presented to the Council; and the Town Clerk, when practicable, shall attend all the meetings of Committees.

  2. The Town Clerk shall convene every Committee within ten days of its first appointment, or at any other time thereafter by order of the Council, or on the written order of the Chairman of the Committee, or of any two members of the Committee.

Petitions.

  1. No petition shall be presented after the Council shall have proceeded to the orders of the day.

  2. It shall be incumbent on every Councillor presenting a petition to acquaint himself with the contents thereof, and to ascertain that it does not contain language disrespectful to the Council, and that the contents do not violate any bye-law or any provision hereof.

  3. Every Councillor presenting a petition to the Council shall write his name at the beginning thereof.

  4. Every petition shall be in writing, and not printed or lithographed, and shall contain the prayer of the petitioners at the end thereof, and be signed by at least one person on every skin or sheet on which it is written.

  5. Every petition shall be signed by the persons whose names are appended thereto, by their names or marks, and by no one else, except in cases of incapacity by sickness.

  6. No letters, affidavits, or other documents shall be attached to any petition.

  7. Every Councillor presenting a petition to the Council shall confine himself to a statement of the persons from whom it comes, of the number of signatures attached to it, and of the material allegations contained in it, and to the reading of the prayer thereof.

Appointment, &c., of Officers.

  1. No appointment to any permanent office at the disposal of the Council shall take place until seven clear days public notice shall have been given by advertisement in one or more newspapers circulating in the borough inviting applications from qualified candidates for the same.

  2. The salary or allowance attached to all offices and places at the disposal of the Council shall, in all cases, be fixed before they proceed to appoint any person to fill the same, before the advertisement inviting applications as aforesaid, and shall be specified in such advertisement.

  3. No Councillor or Officer of the Council, and no Assessor or Auditor of the borough shall be received as a surety for any Officer appointed by the Council, or for any work to be done for the Council.

  4. In all cases of security being given for the faithful performance of any duty or contract, the expense of preparing such security shall be borne by the person providing the same.

Miscellaneous.

  1. All the plans and specifications for any public work, shall be laid before the Council at least six days prior to the same being considered and ordered upon, and be open for inspection by any ratepayer during that time.

  2. It shall be lawful for the Treasurer of the borough from time to time, on the written order of the Town Clerk, to disburse such moneys as shall have been appropriated by the Council for the purposes of this Clause, and as shall be required for any necessary occasion, not exceeding in the whole in any interval between two ordinary meetings of the Council, the sum of Five Pounds.

  3. The common seal of the borough shall be kept in a box having two locks, of one of which locks the Mayor and each Councillor shall have a key, and of the other of which locks the key shall be kept by the Town Clerk, and the Corporate Seal shall not be affixed to any document unless the Mayor and one other member of the Council, or in the absence of the Mayor, unless two Councillors be present.

  4. Any one or more of the rules and regulations contained in this subdivision, may be suspended for a special purpose on motion upon notice being duly given, and shall not otherwise be suspended except by a unanimous vote of the Council.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1871, No 707





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🏘️ Bye-Law No. 11: Regulation of proceedings of Council officers (continued from previous page)

🏘️ Provincial & Local Government
Bye-Law, Council Proceedings, Business Conduct, Order of Business, Motions, Debate Rules