City of Cockburn Standing Orders Local Law 2016
Part 15PRESERVING ORDER
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PART 15—PRESERVING ORDER 15.1 The Presiding Member to Preserve Order The presiding member is to preserve order, and may call any member or other person in attendance to order, whenever, in his or her opinion, there is cause for so doing. 15.2 Demand for Withdrawal A member at a meeting of the Council may be required by the presiding member, or by a decision of the Council, to apologise and unreservedly withdraw any expression which is considered to reflect offensively on another member or an employee, and if the member declines or neglects to do so, the presiding member may refuse to hear the member further upon the matter then under discussion and call upon the next speaker. 15.3 Points of Order—When to Raise—Procedure Upon a matter of order arising during the progress of a debate, any member may raise a point of order including interrupting the speaker. Any member who is speaking when a point of order is raised, is to immediately stop speaking and be silent while the presiding member listens to the point of order. 15.4 Points of Order—When Valid The following are to be recognised as valid points of order— (a) that the discussion is of a matter not before the Council; (b) that the discussion refers to information that can be demonstrated to be factually incorrect; (c) that offensive or insulting language is being used; and (d) drawing attention to the violation of any written law, or policy of the local government, provided that the member making the point of order states the written law or policy believed to be breached. 15.5 Points of Order—Ruling The presiding member is to give a decision on any point of order which is raised by either upholding or rejecting the point of order. 15.6 Points of Order—Ruling Conclusive, Unless Dissent Motion Is Moved The ruling of the presiding member upon any question of order is final, unless a majority of the members support a motion of dissent with the ruling. 15.7 Points of Order Take Precedence Notwithstanding anything contained in this local law to the contrary, all points of order take precedence over any other discussion and until decided, suspend the consideration and decision of every other matter. 15.8 Precedence of Presiding Member (1) When the presiding member speaks during the progress of a debate, any member of the Council then speaking, or offering to speak, is to immediately be silent and every member of the Council present shall preserve strict silence so that the presiding member may be heard without interruption. Penalty $500 (2) Subclause (1) is not to be used by the presiding member to exercise the right provided in clause 9.3, but to preserve order. 15.9 Right of the Presiding Member to Adjourn Without Explanation to Regain Order (1) If a meeting ceases to operate in an orderly manner, the presiding member may use discretion to adjourn the meeting for a period of up to fifteen minutes without explanation, for the purpose of regaining order. Upon resumption, debate is to continue at the point at which the meeting was adjourned. If, at any 1 meeting, the presiding member has cause to further adjourn the meeting, such adjournment may be to a later time on the same day or to any other day. (2) Where debate of a motion is interrupted by an adjournment under sub-clause (1), in the case of a Council meeting— (a) the names of members who have spoken in the matter prior to the adjournment are to be recorded; and (b) the provisions of clause 9.5 apply when the debate is resumed.