Point of Privilege

A Point of Privilege (or Questions of Privilege) is a motion request immediate action on a matter affecting the rights and privileges of:

• those relating to the privileges of the Council or committee as a whole (Point/Question of Privilege)
• those relating to the member individually (Point/Question of Personal Privilege)

If the two come into competition, the former typically takes precedence over the latter.

Point/Question of Privilege

A Point of Privilege is raised by a council member who believes that another member has questioned the rights, privileges or integrity of the Council collectively or the position and conduct of members as elected representatives asking the Chair to immediately consider and take action to remedy a situation.

It addresses matters affecting the rights, integrity, or safety of the entire council, a committee, or its members.

It may relate to:

• Comfort of its members with respect to heating, ventilation, lighting,
• Noise or other disturbance
• Conduct of its officers and employees, or of visitors
• Punishment of its members
• Accuracy of published reports of its proceedings

A second is not required to raise a question of privilege. A member rising on a question of privilege may interrupt a speaker.

Point/Question of Personal Privilege

A Point of Personal Privilege is raised by a council member to address an issue specifically concerning and affecting their own comfort, ability to carry out their duties, or to clarify points made about them personally affecting that may affect their personal reputation, asking the Chair to immediately consider and take action to remedy a situation.

By raising this motion, a member can ask for the meeting conditions to be changed to improve their ability to engage, for the record regarding their actions to be amended, to be excused for personal reasons or other matters relating to them personally.

A second is not required to raise a question of privilege. A member rising on a question of personal privilege may interrupt a speaker.

Examples

Every municipal government in Ontario manages its own Procedural Bylaw that outlines all of the rules for how council and committee meetings are conducted, including their structure, order, voting mechanisms, etc. and will outline how Points of Privilege are handled locally.

Points of Privilege

Rights and Privileges of the Assembly (i.e., Council or committee). These include things like heating, ventilation, sound, lighting, comfort and security. They also include the dignity and integrity of the assembly and its proceedings, or obstructions to it carrying out its functions.

• “It is very warm in the room. Can we get someone to do something about it?”
• “I can’t hear the debate because of the activity behind me. Can you ask the Sergeant-at-Arms to ask people to move”

Toronto

A. If the Chair agrees, a member may present a point of privilege at any time and must sit back down in their seat after doing so.
B. Council or a committee cannot debate or amend a point of privilege.
C. The Chair will immediately rule on the point of privilege and give reasons for the ruling.

Toronto

Point of Privilege by Councillor Brad Bradford

Councillor Bradford, rising on a Point of Privilege, stated that he could not hear due to noise in the Chamber and that he would appreciate it if Members and staff could be a little more courteous.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and thanked Councillor Bradford.

Toronto

Port Hope

15. Point of Privilege
15.1. A Member may raise a Point of Privilege at any time if he or she considers their integrity, the integrity of Council or Committee as a Whole or Municipality staff or a delegation has been impugned.

15.2. Where a Member raises a Point of Privilege, the Chair shall:

• a) Interupt the matter under consideration
• b) Ask the Member raising the Point of Privilege to state the substance of and the basis for the Point of Privilege; and
• c) Rule on the Point of Privilege immediately without debate by Council or Committee.

15.3. A Member may appeal the ruling of the Chair to Council or Committee which will then decide whether to uphold the decision or overturn the decision, without debate, by way of a Majority Vote of the Members present. If there is no appeal, the decision of the Chair is final.

15.4. Where the Chair considers the integrity of any Member or staff has been impugned or questioned, the Chair may permit that Member or staff to make a statement to Council or Committee.

Procedural Bylaw

Waterloo

Questions of privilege

Where a member considers that their rights, immunities or integrity or the rights immunities or integrity of the Council as a whole has been impugned, a member may, as a matter of privilege, rise at any time and, once recognized by the Chair, may draw the attention of Council to the matter.

Privilege shall include such matters as improper conduct of municipal officers, employees, Council members, or members of the audience; violations to this bylaw; disorderly conduct; correction of inaccurate statements made concerning the member during the course of a meeting; or any other offence. Privilege shall also include comfort of members with respect to heating, lighting and ventilation.

Where the Chair or CAO determines that the integrity of a staff member has been impugned, that comments made by a staff member have been portrayed inaccurately, or that defamatory statements have been made in relation to a staff member, they shall permit the CAO, the Commissioner of the relevant department, or a designate of either, to make a statement to Council.

The procedure for decision on matters of privilege shall be the same as for a Point of Order in the Point of Order Section.

Procedural Bylaw

Personal Privilege

Rights and Privileges of a Member – These include:

• Requests for personal assistance
• Objections to personal remarks or wrongful accusations made by another person at the meeting
• Relief from any obstruction or interference with a Member performing his or her duties

“I have been wrongly accused of doing something I did not. I request that the Member withdraw that accusation and apologize.”

Belleville

Point of Personal Privilege

(1) A Member may rise at any time on a point of personal privilege where such Member feels that his/her integrity, or the integrity of the Council, or the integrity of a Committee, or the integrity of anyone present at the meeting has been called into question by another Member or by anyone present at the meeting.

(2) When a Member rises on a point of personal privilege, the Member shall ask leave of the Presiding Officer to raise the point of personal privilege and the Presiding Officer shall grant such leave, following which the Member shall state the point of personal privilege, and the Presiding Officer shall decide on the point of personal privilege and state his/her ruling on the matter.

(3) Upon the raising of a point of personal privilege, no further discussion on the main issue shall be conducted until the Presiding Officer has decided and stated his/her ruling on the point of personal privilege.

(4) Where the Presiding Officer rules that a breach of privilege has taken place, he/she shall demand that the offending Member or individual apologize and failing such apology shall require the Member or individual to vacate the meeting room for the duration of the meeting as provided for in Part 4.9 of this By-law.

(5) With the exception of providing an apology, the Member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer’s ruling of a breach of privilege to Council.

(6) If no Member appeals, the ruling of the Presiding Officer shall be final.

(7) If a Member appeals the Presiding Officer’s ruling on the point of personal privilege to Council, the Member shall have the right to give reasons for the appeal, following which the Presiding Officer shall have the right to reply with reasons, and the Council shall decide the question:
“That the decision of the Chair be sustained.” without further debate, and the decision of Council shall be final.

Procedural Bylaw