DEFINITIONS
ADMINISTRATION: means the Executive Director of the Commission or an employee accountable to the Executive Director.
AGENDA: is the order of items of business for a Meeting and the associated reports or other documents.
CHAIR: is the individual elected annually by the Commissioners as the head representative of the Commission and also means a person who has authority to preside over a Meeting.
CHALLENGE: means an appeal to a ruling of the Chair.
COMMISSIONER: is a Member duly appointed under the Police Act and the Edmonton Police Commission Bylaw.
COMMITTEE: means a Committee established by the Commission which reports directly to the Commission.
CONSENT AGENDA: is that portion of a Regular Business Meeting which contains reports for information or approval that do not require discussion or individual motions. These items can be accepted by unanimous consent.
CONFLICT OF INTEREST: can be potential, real or perceived conflict. A conflict of interest is any situation in which a commissioner’s personal interests (e.g. financial, occupational or political) may affect, or appear to affect, their objectivity, judgment or ability to act in the best interests of the Commission.
CORPORATE RECORD: is the record of Agendas, Minutes and other related material which is dealt with by the Commission or a Commission Committee.
EDMONTON POLICE COMMISSION: is the body, created by the Police Act, to oversee and govern the Edmonton Police Service in accordance with terms of the Act.
ELECTRONIC MEETING: is a meeting whereby some or all of the members are participating through electronic means such as the Internet or by telephone.
EXECUTIVE DIRECTOR: means the person, or delegate, appointed to the designated position of Executive Director by the Commission.
FRIENDLY AMENDMENT: used to describe an amendment offered by a member who is in sympathy with the purposes of the main motion, in the belief that the amendment will improve the statement or effect of the main motion.
IMPROPER CONDUCT: means any action by a member of the public at a Meeting which, in the opinion of the Chair of the Meeting, intimidates, threatens, harasses, obstructs, or physically injures any other person and includes the refusal to follow any directions of the Chair of the Meeting.
IN CAMERA: means in the absence of the public.
INFORMATION REQUESTS: means inquiries or information requests from commissioners that follow the EPC-EPS Interface Protocol.
MEETING: means a Meeting of the Commission or Committee.
MEETING COORDINATOR: title given to Commission staff member who is responsible for the preparation and distribution of agendas and agenda materials, drafting meeting minutes and acting as recording secretary for Commission meetings.
MEMBER: is a Member of the Commission, duly appointed under the Police Act and Commission Bylaw. MINUTES: the record of decisions of a Meeting recorded without note or comment.
NOTICE OF MOTION: is the means by which a Member of the Commission brings business before the Commission.
POINT OF INFORMATION: is a request to a Member or the Administration, for information relevant to the business at hand.
POINT OF ORDER: is a statement by a Member raising a departure from this policy or other parliamentary procedure.
POINT OF PRIVILEGE: refers to matters affecting the rights, safety, orderliness, comfort or well being of the Commission collectively or of individual Members.
POINT OF PROCEDURE: is a question to obtain information on the procedures of the Commission or Committee to assist a Member to understand the procedure.
PRECEDENCE: a motion has precedence when it can temporarily replace a motion on the floor and can only be superseded by a motion of higher rank.
PROXY VOTING: is a power of attorney given by one person to another to vote in their stead. In this policy it is not allowed.
QUORUM: is the minimum number of members who must be present at a meeting for business to be legally transacted. Councillors who are Members shall be counted as existing appointed members for the purposes of determining quorum only if they are in attendance at that meeting.
REGULAR MEETING: means a Meeting of the Commission scheduled and published in accordance with
these Procedures.
SPECIAL MEETING: is a Meeting called by the Chair or the Commission in accordance with these Procedures.
STRAW POLL: an informal poll used to “test the water” on a particular matter. In this policy it is out of order.
TABLE: a motion to delay consideration of any matter in order to deal with more pressing matters.
TWO-THIRDS VOTE: is a vote requiring at least two-thirds of the Members who hold appointment, to vote in the affirmative. This number is eight (8) with eleven (11) Members of the Edmonton Police Commission.
VICE CHAIR: is the person who has the authority to preside at a Meeting in the absence of the Chair.
UANIMOUS CONSENT: also known as “general consent” and is used to adopt an action without formal motion or vote.
MEETINGS OF THE COMMISSION
ANNUAL GENERAL MEETING: At its first public meeting in January, the Commission shall elect a Chair and Vice-Chair for that year. Only the election of officers are in order at the Annual General meeting and no other Commission business may be conducted.
REGULAR PUBLIC MEETINGS: The dates, times and locations for the Commission’s regular public meetings will be established at the last public Commission meeting of the year. This information will then be posted on the Commission website. Meetings will take place monthly, except in the month of August. The preferred meeting location will be the River Valley Room at City Hall, or other community location. When the time or location is to be changed or a meeting is to be cancelled then notification shall be given to the public two weeks prior to the meeting.
All regular meetings shall be held in public except when the criteria to go in camera has been met according to the Freedom of Information and Protection of Privacy Regulation.
CRITERIA FOR MEETINGS IN THE ABSENCE OF THE PUBLIC: Pursuant to Edmonton Police Commission Bylaw 14040 and section 18 of the Freedom of Information and Protection of Privacy Regulation, the Commission may hold a meeting in camera if the subject matter of the meeting concerns the following:
a. the security of the property of the Commission;
b. personal information of an individual, including an employee of the Commission;
c. a proposed or pending acquisition or disposition of property by or for the Commission;
d. labour relations or employee negotiations;
e. a law enforcement matter;
f. litigation or potential litigation, including matters before administrative tribunals affecting the Commission; or
g. the consideration of a request for access for information.
MEETINGS IN THE ABSENCE OF THE PUBLIC: Commission meetings held in the absence of the public may, at the discretion of the Commission, be held with the Chief of Police and members of the Edmonton Police Service (“Closed” meeting), as required, or with the Commission only (“In Camera” meeting). No motions will be made during an In Camera meeting without a recording secretary present who is not a member of the Commission. In accordance with the Freedom of Information and Protection of Privacy Act, all Members are required to keep in confidence matters discussed In Camera and Closed until the item(s) are discussed at a public meeting.
ELECTRONIC MEETINGS: The rules governing electronic meetings are as follows:
a. Electronic meetings will be conducted by using a technology that allows all participating members to see as well as hear each other at the same time.
b. Alternate forms of communication may also be used in combination with an internet meeting platform such as conference call and ordinary telephone.
c. A central location will be provided to those members who wish to attend the meeting in person.
d. The notice of an electronic meeting will include an adequate description of how to participate in it (telephone number, log in information, etc.).
e. All Standing Committee Meetings shall have the option to attend electronically.
f. If anonymous voting is not supported by the technology used, then elections of officers to the position of Chair and Vice Chair may not be conducted by electronic means.
g. The presence of a quorum shall be established by audible roll call at the beginning of the meeting. Thereafter, the continued presence of quorum shall be determined by the online list of participating members and shall be monitored by the Recording Secretary.
h. To seek recognition by the Chair a member shall use the “Raise Hand” feature on the meeting platform.
i. Votes on motions shall be taken by audible roll call of all members eligible to vote.
SPECIAL MEETINGS: The rules governing special meetings of the Commission are as follows:
a. The Chair may call special meetings of the Commission, whenever they consider it expedient to do so, but shall also do so when required in writing by a majority of the members;
b. Written notice shall be given via email of any special meeting, stating the time and place, and in general terms, the nature of the business to be transacted, not less than twenty-four hours prior to the meeting;
c. The Chair may call a special meeting, upon shorter verbal or email notice in cases of urgency (as determined by the Chair); or if all of the members give their verbal or email consent before or at the commencement of the meeting; or if all members are present and resolve to dispense with email consent.
Where a special meeting is called only business mentioned in the call can be transacted at such a meeting.
QUORUM REQUIREMENTS: Quorum for a meeting of the Commission is a majority of the existing
appointed members. Councillors who are members shall be counted as “existing appointed members” for the purposes of determining quorum only if they are in attendance at that meeting.
WHEN NO QUORUM: If there is no quorum within half an hour after the time set for the meeting, the secretary will record the names of the members present, and the meeting will be adjourned to the next regular meeting. The agenda for the adjourned meeting will be dealt with at the next regular meeting unless a special meeting is called to deal with the business of the adjourned meeting.
ESTABLISHING A TIME CERTAIN FOR ITEMS: The Commission may establish a specific time for any discussion or presentation on any agenda.
AGENDAS AND RECORDS OF MEETINGS
AGENDA FORMAT: The agenda sets the business for a meeting and follows a consistent order unless otherwise determined by the Commission.
ORDER OF BUSINESS AT MEETINGS: Subject to other provisions of this policy, the order of business for a meeting shall be dealt with in the following order:
REGULAR MONTHLY MEETING:
1.Call To Order
2.Approval Of Agenda
3.Conflict of Interest Declaration
4.Closed Session – Commission and EPS
5.Consent Agenda (Closed)
6.Presentation(s)
7.EPS Report(s)
8.Committee Report(s)
9.Other Business
10.In Private Meeting with Chief
11.Revert to Public Meeting
12.Protocol Items
13.Motion(s) Arising Out of Closed Session
14.Consent Agenda (Public)
15.Public Presentation(s)
16.Input From The Public
17.Chief Report
18.EPS Public Report(s)
19.Chair Report
20.Public Committee Report(s)
21.Exemption(s) From Consent Agenda
22.Other Business
23.Commissioner Comments/Concerns/Commendations
24.In Camera Session – Commissioners and EPC Staff
25.Consent Agenda (In Camera)
26.Public Complaint Director/Legal Counsel Report(s)
27.Chair’s Report
28.Executive Director’s Report(s)
29.In Camera Committee Report(s)
30.Other Business
31.Adjournment
CONSENT AGENDA: Will be used to bring together a series of reports for information or approval that do not require discussion or individual motions and may be accepted by unanimous consent. At the request of any member, an item that requires discussion will be exempted from the Consent Agenda if the Executive Director is notified in advance by a minimum of two (2) business days.
ESTABLISHMENT OF AN AGENDA: The Executive Director is responsible for establishing the monthly agenda, including prioritizing items, and determining whether items should be placed on the open or closed portion of the meeting agenda. The draft agenda shall be submitted to the Chair of the Commission or Committee for approval prior to its distribution to the Chief of Police and members of the Commission closed portion of the meeting agenda. The draft agenda shall be submitted to the Chair of the Commission or Committee for approval prior to its distribution to the Chief of Police and members of the Commission.
DISTRIBUTION OF AGENDA & SUPPORTING MATERIALS: The agenda and its supporting materials (reports, presentations, financials, etc.) for the monthly meeting of the Commission shall be distributed five (5) business days prior to the meeting date to members of the Commission, including appropriate EPC and EPS staff. A copy of the public agenda and its supporting materials will also be provided to members of City Council and the media four (4) days prior to the public meeting.
Submissions to be included on the agenda must be received at the Commission a minimum of six (6) days in advance of the meeting. Additions to the agenda, after this deadline, shall be submitted to the Commission at the commencement of the Commission meeting, and the Commission shall vote on whether the item shall be approved for inclusion on the agenda. Notwithstanding this regulation, in exceptional circumstances, items may be sent out under “separate cover” if received after the deadline and are already on the agenda.
The Commission’s public meeting agenda shall also be advertised on all the Commission’s social media sites and a media advisory will be developed and sent out to the Commission’s media distribution list which includes links to the publicly available materials.
ADOPTION OF AGENDA: The Commission must vote to adopt the agenda prior to transacting other business and may:
a. add new items as urgent business to the agenda; and/or
b. delete any matter from the agenda by two-thirds majority vote.
URGENT BUSINESS: A Member may move to discuss a matter of urgent importance without prior notice as long as the matter proposed for discussion relates to a genuine emergency which requires immediate and urgent consideration.
PREPARATION OF MINUTES: The Meeting Coordinator will prepare all Commission minutes which include:
a. all motions;
b. the names of the members present and absent from the meeting;
c. the name of the member who moves a motion and the seconder;
d. declarations of pecuniary interest made under the Municipal Government Act, or any otherlegislation or bylaw by any member, or any resolutions excusing a member from voting.
ADOPTION OF MINUTES: The minutes of each meeting must be circulated prior to the meeting at which they are to be adopted. If there are no errors or omissions, the Commission may adopt the minutes by unanimous consent. If there are errors or omissions, the Commission must:
a. pass a motion to amend the minutes; and
b. adopt the minutes as amended;
ACCESS TO MEETING DOCUMENTS: All agendas, minutes, and reports for public meetings will be posted on the Commission’s website.
ACTION ITEM TRACKING: The Meeting Coordinator shall ensure that all outstanding items from the previous meeting are included on a following agenda as appropriate.
MOTIONS
MOTIONS: All directions or recommendations adopted by the Commission will be put forward as a motion.
NOTICE OF MOTION: A Commissioner may make a motion introducing any new matter only if
a. notice is given at a Commission meeting held at least seven (7) clear days before the meeting anda copy of the content of the notice is made available to the Executive Director; or
b. the Commission passes a Special Resolution dispensing with the notice.
DETAILED NOTICE OF MOTION: A notice of motion must give sufficient detail so that the subject of the motion and any proposed action can be determined, and it must state the date of the meeting at which the motion will be made.
DELAY IN PRESENTING MOTION: If a motion is not made at the meeting indicated in the notice, it will appear on the agenda for, and may be made at any of, the next two regular meetings.
RECOMMENDATIONS: A recommendation in a report does not constitute a motion until a member has expressly moved it.
SECONDING AND STATING MOTIONS: All motions must be seconded prior to debate. The Meeting Coordinator shall, if requested, read the motion aloud for clarification, after it has been seconded.
WITHDRAWAL: If desired, a motion which has not been seconded may be withdrawn by the mover of the motion. Once a motion has been moved, and seconded, it is the property of the Commission and may not be withdrawn without unanimous consent of all the members present at the meeting.
AMENDMENTS: An amendment proposed to a motion must be relevant to its subject matter and must not propose a direct negative of the motion. Only one amendment to a motion may be before the meeting at any time.
FRIENDLY AMENDMENTS: Regardless of whether or not the maker of the main motion “accepts” the amendment, it must be open to debate and voted on formally (unless adopted by unanimous consent) and is handled under the same rules as for amendments generally.
MOTION TO TABLE: A motion may be tabled to enable the Commission to deal with it at a later time.
POINT OF ORDER, PROCEDURE OR PRIVILEGE: A Point of Order, Procedure or Privilege requires immediate attention and may interrupt a speaker. The Chair must rule on a Point of Order, Procedure or Privilege and no vote will be taken on the ruling unless there is a Challenge.
CHALLENGE TO CHAIR RULING: When a member wishes to challenge the ruling of the Chair, the motion, “That the decision of the Chair be overruled” shall be made and the question shall be put to a vote immediately without amendment or debate. A vote against the motion is a vote to uphold the ruling of the Chair.
POINT OF INFORMATION: When a Point of Information is raised, the Chair shall answer or direct the question to the appropriate member of Administration.
ADMINISTRATIVE INQUIRY: A Member making an administrative inquiry for an answer at a subsequent meeting which causes the Commission or Service to incur costs by reason of extra work it will cause staff and/or the necessity of obtaining or paying for that information from an outside source, then the inquiry shall be put forward as a formal motion.
DIVIDING MOTIONS INTO PARTS: A member may request that a motion be divided if it contains parts which stand as complete propositions. The Commission must then vote separately on each proposition.
RULES GOVERNING DEBATE
DEBATE ON A MOTION: Debate proceeds when a motion has a mover and seconder.
Commissioners may speak only twice on any motion, once in debate and once to ask questions. Each Commissioner may speak for only five minutes. No Commissioner may speak a second time until all Commissioners wishing to speak have had an opportunity. The Commission may give permission to speak again or to ask additional questions.
ORDER OF SPEAKERS: The Chair will determine the speaking order when two or more members wish to speak.
CONFLICT OF INTEREST: Any Member who has a conflict of interest (pecuniary interest) on a matter before the Commission which is being debated must disclose that interest before debate begins and must leave the meeting room during the debate and shall return only after the vote is declared.
ADDRESS PRESIDING OFFICER: Members must address the Chair when speaking.
INTERRUPTIONS: Members who have been assigned their turn to speak may only be interrupted by other members, including the Chair:
a. when a member is discussing a subject and no motion is on the floor;
b. by a Point of Order, Procedure or Privilege; or
c. an objection to the consideration of a motion.
MEMBER CALLED TO ORDER: A member who is called to order must immediately stop talking. PROHIBITED ACTS: Members must not:
a. use offensive words in Commission meetings or against any member;
b. discuss a vote of the Commission, unless to move to reconsider, renew, or rescind;
c. break the rules of the Commission or disturb the proceedings; or
d. disobey the decision of the Chair or of the Commission on any question of order, practice or interpretation.
OPPORTUNITY TO BE HEARD: Each member will be given an opportunity to speak to a motion before it is put to a vote unless a motion is passed to limit or end debate.
VOTING
ABSTENTIONS: Abstentions from voting are not allowable unless a member must declare a conflict of interest.
PROXY VOTING: Is not allowed nor required by legislation or regulation.
STRAW POLL: is not allowed and is out of order.
MOTION CARRIED: Each member has one vote. A motion will be carried when a majority of members present at a meeting vote in favor of the motion. The Chair must declare the result of the vote.
MOTION LOST: A motion shall be declared lost when it does not receive the required number of votes or it receives a tie vote.
VOTING FROM A REMOTE LOCATION: When a vote is called on a motion, the member who is participating in a meeting from a remote location via phone or video conferencing will vote verbally.
LOSS OF QUORUM: If a motion cannot be voted on because there would be no quorum due to abstention(s) required by statute, then the matter will be dealt with as unfinished business and proceeded with at the next regular meeting of the Commission.
DECLARING THE VOTE: No Member shall leave their seat after a question is put to a vote until the vote is taken and declared.
DUTIES OF CHAIR
ACT AS PRESIDING OFFICER: The Chair, when present, shall conduct all meetings of the Commission.
CHAIR TO MAINTAIN ORDER: The Chair must preserve order and decorum and will decide all questions of procedure. The Chair may call to order any Member who is out of order and will rule when a motion is out of order or contrary.
RIGHTS OF CHAIR: The Chair shall have the same rights and will be subject to the same restrictions as to participation in debate and voting.
REQUEST FOR PUBLIC TO LEAVE MEETING ROOM: At the conclusion of the open meeting of the Commission, if the Commission requires a closed or in camera session, the Chair shall ask all members of the public to leave the meeting room. If members of the public refuse to leave, the Chair may request building security and/or the Edmonton Police Service to remove the person(s).
CONDUCT OF PUBLIC: The Chair may order a member of the public, who disturbs or acts improperly at
a meeting by words or actions, to be expelled. The Chair may request building security and/or the Edmonton Police Service, if required, to remove the person.
DUTIES OF VICE CHAIR: The Vice-Chair shall preside over meetings when the Chair is absent. In the absence of the Vice-Chair the Commission may elect one of its members to preside over the meeting.
CONDUCT OF COMMISSION MEMBERS
SPEAKING AT A MEETING: A Member wishing to speak shall obtain permission of the Chair before speaking. When a member is addressing the Chair, every other member shall remain seated and not interrupt the speaker (except on a Point of Order, Procedure or Privilege) nor carry on a private conversation, nor cross between the speaker and the Chair. A member addressing the meeting shall conduct themselves in a professional and courteous manner and not use offensive words or language.
PUBLIC PRESENTATIONS
INPUT FROM THE PUBLIC:
During the Public Input Item of the Commission Meeting agenda members of the public may make a presentation to the Commission if the following requirements are met:
a. Speakers must register in advance by filling out the Request to Speak form which is available online, or by email to the Commission’s office no later than noon on the business day preceding the day of the Commission meeting.
b. Public presentations must be relevant to matters within the Commission’s mandate or pertain to an item on the public meeting agenda. The Executive Director will make this assessment on behalf of the Commission.
c. Complaints about officer conduct, ongoing investigations, or legal proceedings are not topics for this forum and any requests for these matters must be denied by the Executive Director.
d. The request to speak must set out the particulars of the matter and any materials the speakers wish to have distributed to Commissioners should be included.
e. Monthly reports on requests to speak that have not been approved due to topics contrary to these procedures will be submitted to the Commission for awareness. This report will be in private due to personal and other privacy considerations under the Freedom of Information and Protection of Privacy Act.
f. The request must include the individual’s name and email address of the person who will speak to the matter and include a confirmation that the speaker has read the rules and expectations of conduct and agrees to abide by them. This personal information is being collected under the authority of Section 33 of the Freedom of Information and Protection of Privacy Act and will be used in scheduling you as a speaker before the Commission.
GENERAL RULES FOR PRESENTATIONS FROM THE PUBLIC:
a. Upon receipt of a request to speak, providing the requirements above are met, the Executive Director will confirm acceptance of the request and will add the names to the speaker’s list for the corresponding public meeting. Presenter names will also appear on the official meeting minutes of the Commission.
b. All public Commission meetings are recorded and any public participation through a presentation to the Commission will be recorded. Members of the media may also be in attendance and are allowed to record for their purposes as well.
c. Requests to make a presentation by a member of the public after the deadline and/or the day of the Commission’s public meeting will be denied for that meeting and the requestor will be offered to book for the next regularly scheduled Commission meeting.
d. Information presented will relate only to the subject matter specified in the written request to speak.
e. The maximum time allowed for any one presenter or spokesperson(s) for on behalf of a group or organization of presenters is limited to 5 five minutes unless there is consent by the Commission by motion formal resolution to extend the allotted time.
f. Members of the Commission will not enter into debate with the person making the presentation and may only ask questions for clarification for up to five minutes.
g. Presenters who pose questions to the Commission will not have their queries answered at the public meeting, however, presenters may wish to follow up through an email to the Commission’s Executive Director at a later date who will assess the correspondence for possible reply.
h. All presenters will conduct themselves in a professional and courteous manner and will obey the rules of procedure or a decision of the Chair.
i. Speakers must also not:
i. Make allegations against or disparage, individual Commission members, Commission or Service staff members.
ii. Make unreasonable or unfounded statements or demands, or otherwise misuse the privilege of addressing the Commission.
NOTE: For agenda and time management issues, the Commission may decide to limit the number of speakers and/or allot the maximum amount of time the Commission will hear from presenters at a particular public meeting. This decision shall be made prior to the Input From The Public portion of the agenda and shall be made by general consensus by all Commissioners in attendance.
The Commission may also consider calling a Special Meeting to be held at a later date for the purposes of hearing from all registered speakers.
CONDUCT OF THE PUBLIC:
Public members in attendance at a Commission meeting will not:
a. Address the Commission without permission.
b. Engage in any activity or behaviour that would interfere with the Commission’s deliberations.
c. Engage in conduct that is disruptive.
d. Disobey the ruling of the Chair or Commission for breaching these rules to be expelled.
The Chair may caution any individual who is in breach of the rules or conduct provisions. If the behavior continues the Chair may declare that their presentation is concluded. The individual or individuals presenting will vacate the presenter’s area immediately. Any other Commissioner may raise a Point of Order or Privilege if they feel a speaker has breached the rules or conduct provisions and the Chair will make a ruling.
BREACH OF RULES OR CONDUCT:
The Chair may caution any individual who is in breach of the rules or conduct provisions. If the behavior continues the Chair may declare that their presentation is concluded. The individual or individuals presenting will vacate the presenter’s area immediately. Any other Commissioner may raise a Point of Order or Privilege if they feel a speaker has breached the rules or conduct provisions and the Chair will make a ruling.