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HomeMy WebLinkAboutVII (J, K, L) Resolutions: Relating to CACOPD, Establishing CACOPD & HRDB Agenda 9-16-2003 Mayor Center of Good z f` CommissionttPn VII J, K, l.. �:.. to S. Scott Vandergrift .S\""" ,;....W . Danny Howell, District 1 Scott Anderson, District 2 City Manager „ Rusty Johnson, District 3 Jim Gleason �` j Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Jean Grafton, City Clerk DATE: September 10, 2003 RE: Resolutions for Volunteer Boards Here are three resolutions relating to volunteer boards: 1. Resolution 2003-19 amends Exhibit A of Resolution 96-20 and adopts by-laws for the CACOPD. 2. Resolution 2003-20 establishes a Citizens Advisory Council for the Ocoee Fire Department. It would be appropriate to appoint the membership (at least 15 members but not more than 25) as soon as possible. The terms are for three years. 3. Resolution 2003-21 establishes the Human Relations/Diversity Board, made up of no less than 7 and no more than 15 members. As well as appointing these members,the City Commission shall designate one member of the City Commission to serve as ex officio non- voting member. The City Manager shall also appoint one member of staff to serve as ex officio. RESOLUTION NO. 2003-19 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEPARTMENT; AMENDING EXHIBIT "A" OF RESOLUTION 96-20; ADOPTING BYLAWS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 16, 1988, the City Commission of the City of Ocoee, Florida (the "City Commission") adopted Resolution 88-06 creating a citizen advisory committee for the general purpose of promoting and maintaining a positive relationship between the citizens of the City of Ocoee and the Ocoee Police Department (the "Police Department Citizen Advisory Council"); and WHEREAS, on May 7, 1991, the City Commission adopted Resolution 91-09 amending EXHIBIT "A"to Resolution 88-06; and WHEREAS, on May 5, 1992, the City Commission adopted Resolution 92-07 amending EXHIBIT "A" to Resolution 91-09; and WHEREAS, on July 16, 1996, the City Commission adopted Resolution 96-20 amending EXHIBIT "A" to Resolution 92-07; and WHEREAS, the City Commission desires to further amend EXHIBIT "A" of Resolution 96-20. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. RESOLUTION NO SECTION TWO. New Exhibit A. The City Commission of the City of Ocoee, Florida, hereby adopts a new EXHIBIT "A" of Resolution 96-20, attached hereto and by this reference made a part hereof, and except as set forth herein, Resolution 96-20 shall remain in full force and effect. Nothing contained in this Resolution shall affect the terms or membership of members serving at the time of adoption of this Resolution. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FOUR. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2003. APPROVED: Attest CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) READ FIRST TIME AND ADOPTED , 2003, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2003 FOLEY& LARDNER By: City Attorney RESOLUTION NO SECTION TWO. New Exhibit A. The City Commission of the City of Ocoee, Florida, hereby adopts a new EXHIBIT "A" of Resolution 96-20, attached hereto and by this reference made a part hereof, and except as set forth herein, Resolution 96-20 shall remain in full force and effect. Nothing contained in this Resolution shall affect the terms or membership of members serving at the time of adoption of this Resolution. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FOUR. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2003. APPROVED: Attest CITY OF OCOEE,FLORIDA Jean Grafton,City Clerk S. Scott Vandergrift,Mayor (SEAL) READ FIRST TIME AND ADOPTED ,2003,UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2003 FOLEY& LARDNER By: City Attorney RESOLUTION NO EXHIBIT "A" CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEPARTMENT I. PURPOSE: The general purpose of the Citizen Advisory Council for the Ocoee Police Department ("CACOPD") shall be to promote and maintain communication, cooperation and a positive relationship between the citizens of the City of Ocoee, the City Commission of the City of Ocoee and the Ocoee Police Department. II. OBJECTIVES: A. To improve communication between the citizens of the City of Ocoee and the Ocoee Police Department. B. To advise the City Commission on issues relating to the Ocoee Police Department and law enforcement. C. To increase involvement by the citizens and the police in community programs. D. To increase police educational activities in, and availability to, the elementary and secondary schools. E. To foster understanding and cooperation between the citizens and the police. F. To acquaint citizens with their responsibilities for the maintenance of law and order. G. To acquaint citizens with the operation of the Ocoee Police Department and its varied activities. H. To promote increased cooperation between the police and various organizations in the community. RESOLUTION NO I. To assist in crime prevention through the distribution of material on crime deterrence. J. To generate community interest and involvement in crime prevention, citizen disputes and other areas of community relations. III. MEMBERSHIP: A. The CACOPD shall consist of no less than fifteen (15) and no more than twenty-five (25)members. Members shall be appointed for a term of three (3) years and may be reappointed, irrespective of the number of terms previously served. The initial members of the CACOPD shall be appointed by the City Commission of the City of Ocoee, Florida. Thereafter, new members shall be appointed to the CACOPD by the City Commission of the City of Ocoee, Florida, upon request of the CACOPD and/or the Chief of Police Chief or in the event that membership falls below the minimum number required. New members may be recommended to the City Commissioners by the Chief of Police, members of the CACOPD, the Mayor and/or one or more of the City Commissioners of the City of Ocoee, Florida. B. Notice of each meeting shall be provided to all members of CACOPD within a reasonable time prior to the meeting. Notice of the place, day and hour of the meeting shall be provided to the public in advance of the meeting. Except as otherwise provided under Chapter 286 of the Florida Statutes, all meetings shall be open to the public. C. A member may be removed for cause from the CACOPD by the affirmative vote of a majority of the members present at a meeting at which a quorum is present, or as otherwise provided in the By-laws of the CACOPD. D. The quorum for meetings of the CACOPD shall be as set forth in the By-Laws of the CACOPD. RESOLUTION NO IV. OFFICERS: The officers of the CACOPD shall be as determined by the CACOPD in its By-laws. V. GENERAL DUTIES OF THE MEMBERS: A. To meet and confer as a committee with police department personnel on problems of law enforcement in the City of Ocoee. B. To supply information to the Chief of Police which may be helpful to the effective operation of the Ocoee Police Department. C. To refer to the Chief of Police or his designated representative, all questions requiring clarification of policy and to provide the police department with citizen reaction to police department procedures, policies and performance. D. To prepare a monthly progress report (together with the police department) to keep the citizens informed of the activities and progress by the police department. E. To prepare a semi-annual report (together with the police department) of progress showing the positive and negative impact of community relations programs. A monthly media statement may be made from this report. F. To provide periodic reports, as directed by the City Commission, supplying information and advising the City Commission on issues relating to police department procedures, policy and performance. VI. LIMITATIONS AND PRIVILEGES:_ A. The CACOPD is not empowered to establish policy or investigate charges or operational problems of the Ocoee Police Department. However, these areas can be topics of discussion between the CACOPD,the City Commission and the police department. RESOLUTION NO B. Responsibility for initiating discussion with citizens, the City Commission and/or the Ocoee Police Department shall rest primarily with the CACOPD. However, this does not preclude the City Commission and/or police department administration from initiating discussion with citizens and/or the CACOPD. C. The CACOPD should not be used as a vehicle to try to influence the City Commission in budget or personnel matters relating to the Police Department. D. Privileges of the CACOPD shall include the right to observe any and all of the police department's operations, individually or as a group, providing that the member makes his or her request through the Chief of Police, who shall grant or deny such request in his discretion. E. Coordination with the CACOPD shall be the responsibility of the Police Chief or any other departmental member designated by him. The Chief of Police shall maintain complete and current files on the composition of the CACOPD, its meetings and its activities F. Members are welcome to ride along as observers in police department vehicles. It is suggested that, due to other department activities, arrangements to ride in patrol units should be made in advance by contacting the chief, captain or lieutenant of the police department. G. When riding as an observer, members are cautioned they must not place their personal safety in jeopardy; and, when the situation requires it, they must follow the direction of the police officer in charge of the patrol unit. H. Members will be required to sign a liability release prior to riding in police vehicles. VII. BY-LAWS: A. The By-laws of the CACOPD shall be as set forth in Exhibit"B" attached hereto and incorporated herein by reference. RESOLUTION NO B. Unless otherwise provided in its By-laws, CACOPD shall follow Robert's Rules of Order(latest edition). RESOLUTION NO EXHIBIT "B" CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEPARTMENT BY-LAWS ARTICLE 1 (Name of Organization) The official name of this organization shall be the Citizen Advisory Council for the Ocoee Police Department("CACOPD"). ARTICLE 2 (Purpose and Objectives) 1. Purpose. The general purpose of the CACOPD shall be to promote and maintain communication, cooperation and a positive relationship between the citizens of the City of Ocoee,the City Commission of the City of Ocoee and the Ocoee Police Department. 2. Objectives. The objectives of the CACOPD are: a. to improve communication between the citizens of the City of Ocoee and the Ocoee Police Department by the use of various media outlets; b. to advise the City Commission on issues relating to the Ocoee Police Department and law enforcement; c. to increase involvement by the citizens and the police in community programs; d. to assist with the interaction between the law enforcement and the community's youth through the DARE and GREAT programs; e. to foster understanding and cooperation between the citizens and the police; RESOLUTION NO f. to acquaint citizens with the operation of the Ocoee Police Department and its varied activities; g. to promote increased cooperation between the police and various organizations in the community; and h. to generate community interest and involvement in crime prevention, citizen disputes and other areas of community relations. ARTICLE 3 (Membership) 1. Number of Members. The CACOPD shall consist of no less than fifteen (15) and no more than twenty-five (25) members. 2. Qualifications for Membership. Only those persons who are legal residents of the City of Ocoee, or who own real property in Ocoee, or who are members of the Ocoee Police Department or who are owners of businesses located in Ocoee, shall be eligible for membership. Those persons who were convicted of a felony or a misdemeanor involving moral interpretude are ineligible. 3. Manner of Selection of Members. Those persons having been appointed by the City Commission to serve on the CACOPD and who at the time of the adoption of these By-laws are serving on the CACOPD shall be members of the CACOPD until such time as their appointed term shall expire. Thereafter, members shall be appointed to the CACOPD by majority vote of the City Commission of the City of Ocoee, Florida. Nominations to the CACOPD may be forwarded to the City Commission by the CACOPD, by the Chief of Police, by the Mayor, and by any City Commissioner. RESOLUTION NO 4. Term of Appointment. Members shall be appointed for a term of three (3) years and may be re-appointed, irrespective of the number of terms previously served. 5. Termination of Membership. A member may have his or her membership revoked for cause by the affirmative vote of a simple majority of the members present at any duly called meeting of the CACOPD at which a quorum is present. Cause shall include, but not necessarily be limited to, a member's failure to attend three consecutive meetings to properly discharge his or her responsibility and duties as a member of the CACOPD. A member shall automatically have his or her membership revoked should such member cease to be qualified for membership pursuant to these By-laws. A notice of termination shall be promptly sent by the CACOPD secretary to any member who's membership is terminated. 6. Responsibilities of Membership. The membership of the CACOPD shall have the following general responsibilities: a. to become acquainted with the operations of the Police Department; b. to attend the Ocoee Police Department Citizen Police Academy within the first full year; c. to supply information to the Chief of Police which may be helpful to the effective operation of the Ocoee Police Department; d. to refer to the Chief of Police or his designated representative all questions requiring clarification of policy and to provide the police department with citizen reaction to police procedures,policies and performance; e. to provide periodic reports, as directed by the City Commission, supplying information and advising the City Commission on issues relating to police department procedures, policy and performance. RESOLUTION NO f. Members are encouraged to ride along as observers in police department vehicles. Arrangements to ride in patrol units must be made in advance with the Watch Commander. 7. Privileges and Limitations of Membership. The membership of the CACOPD shall be subject to the following privileges and limitations: a. The CACOPD is not empowered to establish policy or investigate charges or operational problems of the Ocoee Police Department. However, these areas may be topics of discussion between the CACOPD and the police department. b. Responsibility for initiating discussion with citizens and/or the police department shall rest primarily with the CACOPD. However, this does not preclude the police administration from initiating discussion with citizens and/or the CACOPD. c. The CACOPD shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to the police department. d. Privileges of the CACOPD shall include the right to observe any and all of the police department's operations, individually or as a group, provided that the member has made his or her request to the Chief of Police. The Chief of Police may grant or deny such request in his or her sole discretion. e. Coordination with the CACOPD shall be the responsibility of the Chief of Police or any other departmental member designated by the Chief. The Chief shall maintain complete and current files on the composition of the CACOPD, its meetings and its activities. RESOLUTION NO f. When riding as an observer, members shall not place their personal safety in jeopardy. Members shall at all times follow the directions of the police officer(s) with whom they are riding. g. Members shall sign a liability release prior to riding in police vehicles. ARTICLE 4 (Officers) The officers of the CACOPD shall be a Chairman and a Vice-Chairman. The Chairman and the Vice-Chairman shall be elected by a majority vote at the first meeting of the year from the CACOPD membership and they shall assume office at the close of the meeting at which they are elected. A secretary shall be provided by the City of Ocoee. Officers shall each serve for a term of one year or until their successors are elected. Officers shall not be limited in the number of terms they serve. Vacancies which occur among the officers of the CACOPD may be filled by the CACOPD at its next regular meeting, provided that there is at least one week notice, prior to the meeting. ARTICLE 5 (Duties of Officers) 1. Duties of the Chairman. The Chairman shall preside at all meetings of the CACOPD and shall hold ex-officio membership on all subcommittees. The Chairman shall perform all other duties ordinarily pertaining to the office and shall appoint all subcommittees whose composition or method of selection is not provided for elsewhere in these By-laws. 2. Duties of the Vice-Chairman. The Vice-Chairman shall perform the duties of the Chairman in the absence of the Chairman. RESOLUTION NO ARTICLE 6 (Subcommittees) The CACOPD may create such subcommittees as may be required to attain its objectives as set forth in Article II. Subcommittee Chairpersons shall be selected by the members of each subcommittee and shall be subject to confirmation at the next regular meeting of the CACOPD. Members of subcommittees need not hold membership in the CACOPD, however, any person serving as a Subcommittee Chairperson must be a CACOPD member. ARTICLE 7 (Meetings) 1. Regular Meetings. Regularly scheduled meetings shall be held throughout the year. The frequency and specific calendar shall be determined by consensus at the first meeting of the year and shall include a first meeting date for the following calendar year. Notification of all regular meetings shall be provided to all members no less than seven (7) days prior to said meeting. Notice of the date, place and time of all CACOPD meetings shall be provided to the public within a reasonable time prior to such meeting. Except as otherwise provided by Chapter 286, Florida Statutes, all meetings shall be open to the general public. 2. Special Meetings. Special meetings may be called by the Chairman or the Vice Chairman or by a majority of the CACOPD members. Notification of all special meetings shall be posted not less than five (5) days prior to said meeting. Special meetings shall be conducted in the same manner as a regular meeting but shall be limited to the conduct of business specifically set forth in the notice. RESOLUTION NO ARTICLE 8 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, one-third (1/3) of the total of all currently duly qualified members shall constitute a quorum. 2. Voting. Voting shall be done by voice vote or by show of hands at the discretion of the Chairman. Votes may only be taken at a properly noticed meeting at which a quorum is present. Unless otherwise provided in these By-laws, the passage of any item shall require a simple majority vote of those in attendance. Each duly qualified member in attendance, including officers, shall be entitled to one vote. Voting by proxy, absentee ballot or by telephone shall not be permitted. ARTICLE 9 (Parliamentary Authority) The parliamentary procedural rules found in the current edition of Robert's Rules of Order shall govern CACOPD meetings and actions in all cases where they are not in conflict with these By-laws. RESOLUTION NO RESOLUTION NO. 2003-20 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA PROVIDING FOR THE CREATION OF THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT; ADOPTING BYLAWS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida, provides that the City of Ocoee has the power to create committees to advise and assist the City in carrying out municipal functions; and WHEREAS, the City of Ocoee, Florida, desires to create a citizen advisory committee for the general purpose of promoting and maintaining communication, cooperation, and a positive relationship between the citizens of the City of Ocoee, the City Commission of the City of Ocoee and the Ocoee Fire Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION ONE: Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida, Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida and Chapter 166, Florida Statutes. SECTION TWO: Citizen Advisory Council. The City of Ocoee, Florida, hereby creates and establishes a citizen advisory committee to advise and assist the Ocoee Fire Department in carrying out its municipal functions through the promotion and maintenance of communication, cooperation, and a positive relationship between the citizens of the City of Ocoee, the City Commission of the City of Ocoee and the Ocoee Fire Department. Such committee shall be known and referred to as the "Citizen Advisory Council for the Ocoee Fire Department." 006.292320.4 SECTION THREE: Purpose. The purpose, objectives, membership, officers, general duties of the members, limitations and privileges of Citizen Advisory Council for the Ocoee Fire Department shall be as set forth on Exhibit "A" attached hereto and incorporated herein by reference. SECTION FOUR: BvLaws. The Bylaws for the Citizen Advisory Council for the Ocoee Fire Department shall be as set forth on Exhibit "B" attached hereto and incorporated herein by reference. SECTION FIVE: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION SIX: Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2003. CITY OF OCOEE, FLORIDA Attest By: S. Scott Vandergrift, Mayor Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2003. FOLEY & LARDNER By: 006.292320.4 EXHIBIT A CITIZEN ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT I. PURPOSE: The general purpose of the Citizen Advisory Council for the Ocoee Fire Department ("CACOFD") shall be to promote and maintain communication, cooperation and a positive relationship between the citizens of the City of Ocoee, the City Commission of the City of Ocoee and the Ocoee Fire Department. II. OBJECTIVES: A. To improve communication between the citizens of the City of Ocoee, the City Commission and the Ocoee Fire Department. B. To advise the City Commission on issues relating to the Ocoee Fire Department and fire safety. C. To increase involvement by the citizens and the firefighters in community programs. D. To increase fire safety educational activities in, and availability to, the elementary and secondary schools. E. To foster understanding and cooperation between the citizens and the fire department. F. To acquaint citizens with their responsibilities for the maintenance of fire safety. G. To acquaint citizens with the operation of the Ocoee Fire Department and its varied activities. 006.292320.4 H. To promote increased cooperation between the fire department and various organizations in the community. I. To assist with the interaction between the firefighters and the community's youth. J. To assist in fire safety through the distribution of materials about fire safety. K. To generate community interest and involvement in fire safety and other areas of community relations. III. MEMBERSHIP: A. The CACOFD shall consist of no less than fifteen (15) and no more than twenty-five (25) members. Members shall be appointed for a term of three (3) years and may be reappointed, irrespective of the number of terms previously served. The initial members of the CACOFD shall be appointed by the City Commission of the City of Ocoee, Florida. Thereafter, new members shall be appointed to the CACOFD by the City Commission of the City of Ocoee, Florida, upon the request of the CACOFD and/or the Fire Chief or in the event that membership falls below the minimum number required. New members may be recommended to the City Commissioners by the Fire Chief, members of the CACOFD, the Mayor and/or any one or more of the City Commissioners of the City of Ocoee, Florida. B. Members of the CACOFD shall meet once every two months and/or at such other times as may be called by the Chairman thereof. Notice of each meeting shall be provided to all members of the CACOFD within a reasonable time prior to the meeting. Notice of the place, day and hour of the meeting shall be provided to the public in advance of the meeting. Except as otherwise provided under Chapter 286 of the Florida Statutes, all meetings shall be open to the public. 006.292320.4 C. The members of the CACOFD may not vote upon a matter at a meeting unless a one-third(1/3) of the members (a quorum) is present. D. A member may be removed for cause from the CACOFD by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. IV. OFFICERS: A. The officers of the CACOFD shall be a Chairman, a Vice-Chairman and any such other officers and assistant officers as may be deemed necessary by affirmative vote of a majority of the members present at a meeting at which a quorum is present. A secretary shall be provided by the City of Ocoee. The Chairman shall in general supervise and control the affairs of the CACOFD and perform all other duties incident to the office of Chairman. In the absence of the Chairman or in the event of his death or inability to act, the Vice-Chairman shall perform the duties of the Chairman, and when so acting, shall have all the powers of the Chairman. B. Officers shall be elected by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. Officers may be reelected to the same position or to a different position, irrespective of the number of terms previously served. C. Each officer shall hold office for a term of one (1) year commencing upon his appointment to office or until his death, resignation or removal. Officers may be removed in the manner set forth in III (D)hereinabove. V. GENERAL DUTIES OF THE MEMBERS: A. To meet and confer as a committee with fire department personnel on problems of fire safety in the City of Ocoee. B. To supply information to the Fire Chief which may be helpful to the effective operation of the Ocoee Fire Department. 006.292320.4 C. To refer to the Fire Chief, or his designated representative, all questions requiring clarification of policy and to provide the fire department with citizen reaction to fire department procedures, policies and performance. D. To prepare a monthly progress report (together with the fire department) to keep the citizens informed of the activities and progress by the fire department. A monthly media statement may be made from this report. E. To prepare a semi-annual report (together with the fire department) of progress showing the positive and negative impact of community relations programs. F. To provide periodic reports, as directed by the City Commission, to the City Commission supplying information and advising the City Commission on issues relating to fire department procedures, policy and performance. VI. LIMITATIONS AND PRIVILEGES: A. The CACOFD is not empowered to establish policy or investigate charges or operational problems of the Ocoee Fire Department. However, these areas can be topics of discussion between the CACOFD, the City Commission and the fire department. B. Responsibility for initiating discussion with citizens, the City Commission and/or the Ocoee Fire Department shall rest primarily with the CACOFD. However, this does not preclude the City Commission and/or fire department administration from initiating discussion with citizens and/or the CACOFD. C. The CACOFD shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to the fire department. D. Privileges of the CACOFD shall include the right to observe any and all of the fire department's operations, individually or as a group, providing that the member makes his or her request through the Fire Chief, who shall grant or deny such request in his discretion. 006.292320.4 E. Coordination with the CACOFD shall be the responsibility of the Fire Chief or any other departmental member designated by him. The Chief shall maintain complete and current files on the composition of the CACOFD, its meetings and its activities. BYLAWS: A. The Bylaws for the CACOFD shall be as set forth on Exhibit"B" attached hereto and incorporated herein by reference. B. Unless otherwise provided in its By-laws,the CACOFD shall follow Robert's Rules of Order(latest edition). 006.292320.4 EXHIBIT B CITIZENS ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT BY-LAWS ARTICLE 1 (Name of Organization) The official name of this organization shall be the Citizen Advisory Council for the Ocoee Fire Department(CACOFD). ARTICLE 2 (Purpose and Objectives) 1. Purpose. The general purpose of the CACOFD shall be to promote and maintain communication, cooperation and a positive relationship between the citizens of the City of Ocoee,the City Commission of the City of Ocoee and the Ocoee Fire Department. 2. Objectives. The objectives of the CACOFD are: a. to improve communication between the citizens of the City of Ocoee, the City Commission of the City of Ocoee and the Ocoee Fire Department by the use of various media outlets; b. to advise the City Commission on issues relating to the Ocoee Fire Department and fire safety; c. to increase involvement by the citizens and the firefighters in community programs; d. to increase fire safety educational activities in, and availability to, the elementary and secondary schools; 006.292320.4 e. to foster understanding and cooperation between the citizens and the fire department; f. to acquaint citizens with their responsibilities for the maintenance of fire safety; g. to acquaint citizens with the operation of the Ocoee Fire Department and its varied activities; h. to promote increased cooperation between the fire department and various organizations in the community; i. to assist with the interaction between the firefighters and the community's youth; j. to assist in fire safety through the distribution of materials about fire safety; and k. to generate community interest and involvement in fire safety and other areas of community relations. ARTICLE 3 (Membership) 1. Number of Members. The CACOFD shall consist of no less than fifteen(15) and no more than twenty-five (25) members. 2. Qualifications for Membership. Only those persons who are legal residents of the City of Ocoee, or who own real property in Ocoee, or who are members of the Ocoee Fire Department or who are owners of businesses located in Ocoee, shall be eligible for membership. 3. Manner of Selection of Members. Those persons having been appointed by the City Commission to serve on the CACOFD and who at the time of the adoption of these By-laws are serving on the CACOFD shall be members of the CACOFD until such time as their appointed term shall expire. Thereafter, members shall be appointed to the CACOFD by majority vote of the City Commission of the City of Ocoee, Florida. Nominations to the CACOFD may be 006.292320.4 forwarded to the City Commission by the CACOFD, by the Fire Chief, by the Mayor, and by any City Commissioner. 4. Term of Appointment. Members shall be appointed for a term of three (3) years and may be re-appointed, irrespective of the number of terms previously served. 5. Termination of Membership. A member may have his or her membership revoked for cause by the affirmative vote of a simple majority of the members present at any duly called meeting of the CACOFD at which a quorum is present. Cause shall include, but not necessarily be limited to, a member's failure to attend three consecutive meetings or failure to properly discharge his or her responsibility and duties as a member of the CACOFD. A member shall automatically have his or her membership revoked should such member cease to be qualified for membership pursuant to these By-laws. A notice of termination shall be promptly sent by the CACOFD secretary to any member who's membership is terminated. 6. Responsibilities of Membership. The membership of the CACOFD shall have the following general responsibilities: a. to become acquainted with the operations of the Ocoee Fire Department; b. to supply information to the Fire Chief which may be helpful to the effective operation of the Ocoee Fire Department; c. to refer to the Fire Chief or his designated representative all questions requiring clarification of policy and to provide the fire department with citizen reaction to fire department procedures, policies and performance; d. to provide periodic reports, as directed by the City Commission, to the City Commission supplying information and advising the City Commission on issues relating to fire department procedures, policy and performance. 006.292320.4 7. Privileges and Limitations of Membership. The membership of the CACOFD shall be subject to the following privileges and limitations: a. The CACOFD is not empowered to establish policy or investigate charges or operational problems of the Ocoee Fire Department. However, these areas may be topics of discussion between the CACOFD, the City Commission and the fire department. b. Responsibility for initiating discussion with citizens, the City Commission and/or the fire department shall rest primarily with the CACOFD. However, this does not preclude the City Commission and/or fire department administration from initiating discussion with citizens and/or the CACOFD. c. The CACOFD shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to the fire department. d. Privileges of the CACOFD shall include the right to observe any and all of the fire department's operations, individually or as a group, provided that the member has made his or her request to the Fire Chief. The Fire Chief may grant or deny such request in his or her sole discretion. e. Coordination with the CACOFD shall be the responsibility of the Fire Chief or any other departmental member designated by the Fire Chief. The Fire Chief shall maintain complete and current files on the composition of the CACOFD, its meetings and its activities. ARTICLE 4 (Officers) The officers of the CACOFD shall be a Chairman and a Vice-Chairman. The Chairman and the Vice-Chairman shall be elected by a majority vote at the first meeting of the year from 006.292320.4 the CACOFD membership and they shall assume office at the close of the meeting at which they are elected. A secretary shall be provided by the City of Ocoee. Officers shall each serve for a term of one year or until their successors are elected. Officers shall not be limited in the number of terms they serve. Vacancies which occur among the officers of the CACOFD may be filled by the CACOFD at its next regular meeting, provided that there is at least one week notice, prior to the meeting. ARTICLE 5 (Duties of Officers) 1. Duties of the Chairman. The Chairman shall preside at all meetings of the CACOFD and shall hold ex-officio membership on all subcommittees. The Chairman shall perform all other duties ordinarily pertaining to the office and shall appoint all subcommittees whose composition or method of selection is not provided for elsewhere in these By-laws. 2. Duties of the Vice-Chairman. The Vice-Chairman shall perform the duties of the Chairman in the absence of the Chairman. ARTICLE 6 (Subcommittees) The CACOFD may create such subcommittees as may be required to attain its objectives as set forth in Article II. Subcommittee Chairpersons shall be selected by the members of each subcommittee and shall be subject to confirmation at the next regular meeting of the CACOFD. Members of subcommittees need not hold membership in the CACOFD, however, any person serving as a Subcommittee Chairperson must be a CACOFD member. ARTICLE 7 006.292320.4 (Meetings) 1. Regular Meetings. Regularly scheduled meetings shall be held throughout the year. The frequency and specific calendar shall be determined by consensus at the first meeting of the year and shall include a first meeting date for the following calendar year. Notification of all regular meetings shall be provided to all members no less than seven (7) days prior to said meeting. Notice of the date, place and time of all CACOFD meetings shall be provided to the public within a reasonable time prior to such meeting. Except as otherwise provided by Chapter 286, Florida Statutes, all meetings shall be open to the general public. 2. Special Meetings. Special meetings may be called by the Chairman or the Vice Chairman or by a majority of the CACOFD members. Notification of all special meetings shall be posted not less than five (5) days prior to said meeting. Special meetings shall be conducted in the same manner as a regular meeting but shall be limited to the conduct of business specifically set forth in the notice. ARTICLE 8 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, one- third (1/3) of the total of all currently duly qualified members shall constitute a quorum. 2. Voting. Voting shall be done by voice vote or by show of hands at the discretion of the Chairman. Votes may only be taken at a properly noticed meeting at which a quorum is present. Unless otherwise provided in these By-laws, the passage of any item shall require a simple majority vote of those in attendance. Each duly qualified member in attendance, including officers, shall be entitled to one vote. Voting by proxy, absentee ballot or by telephone shall not be permitted. 006.292320.4 ARTICLE 9 (Parliamentary Authority) The parliamentary procedural rules found in the current edition of Robert's Rules of Order shall govern CACOFD meetings and actions in all cases where they are not in conflict with these By-laws. 006.292320.4 RESOLUTION NO. 2003-21 A RESOLUTION OF THE CITY OF OCOEE,FLORIDA PROVIDING FOR THE CREATION OF THE CITY OF OCOEE HUMAN RELATIONS/DIVERSITY BOARD; ADOPTING BYLAWS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS,Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida,provides that the City of Ocoee has the power to create boards, commissions and committees to advise and assist the City in carrying out municipal functions; and WHEREAS,the City Commission of the City of Ocoee recognizes the importance of promoting understanding, respect, goodwill, and equity among all citizens and businesses; and WHEREAS, the City Commission desires to enhance human relations and diversity and improve communications between the City Commission and citizens and businesses; and WHEREAS,the City Commission desires to foster and promote open communication and cooperation among the citizens of the City of Ocoee with respect to human relations and diversity within the City; and WHEREAS, the City Commission desires to create a Human Relations/Diversity Board to serve in an advisory role to the City Commission on related issues within the City. NOW,THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida, Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida and Chapter 166, Florida Statutes. SECTION 2. Human Relations/Diversity Board. The City Commission of the 006.308884.2 1 City of Ocoee hereby creates and establishes the "City of Ocoee Human Relations/Diversity Board"as a permanent advisory body to the City Commission. SECTION 3. Purpose. The purpose, objectives, membership, and officers of the City of Ocoee Human Relations/Diversity Board shall be as set forth on Exhibit"A" attached hereto and incorporated herein by reference. SECTION 4. ByLaws. The Bylaws for the City of Ocoee Human Relations/Diversity Board shall be as set forth on Exhibit"B" attached hereto and incorporated herein by reference. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2003. CITY OF OCOEE,FLORIDA Attest S. Scott Vandergrift, Mayor Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY READ FIRST TIME AND ADOPTED BY THE CITY OF OCOEE, APPROVED , 2003, UNDER AS TO FORM AND LEGLITY AGENDA ITEM NO. THIS DAY OF , 2003 FOLEY& LARDNER By: City Attorney 006.308884.2 2 EXHIBIT A CITY OF OCOEE HUMAN RELATIONS/DIVERSITY BOARD I. PURPOSE: The general purpose of the Human Relations/Diversity Board("HRDB") is to promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of Ocoee. In no event shall the HRDB by itself possess any decision-making authority or be authorized to bind the City of Ocoee. II. Objectives: A. Foster mutual understanding and respect among all persons emphasizing the positive impact that diversity brings to the City of Ocoee; B. Facilitate communication between the City Commission and citizen groups, individuals, and businesses; C. Assist the City Commission in educating the community through projects devoted to the elimination of prejudice, racial tension, intolerance, or discrimination; D. Provide suggestions and encouraging equality of treatment for, and prevention against discrimination against, any persons or businesses by Ocoee City government; E. Serve as an informational conduit to the community at large; and F. Assist the City Commission and staff as requested. III. Membership: A. The HRDB shall consist of no less than seven (7) and no more than fifteen (15)members. The City Commission shall designate one member of the City Commission and the City Manager shall designate one member of staff,both of whom will serve as ex officio 006.308884.2 3 non-voting members. Board members will be appointed by the City Commission from a list of interested persons who have completed the application form for membership on City boards and committees, and who are representative as to the diversity of the Community, including race, sex, age, religion, disability, sexual orientation, and ethnic group. Of the initial members of the HRDB, one-half of the members (or one more than one-half if the initial HRDB has an odd number of members) shall be appointed to serve a one (1) year term. The remaining initial members shall serve a term of two (2) years. Thereafter, all members shall serve two (2) year terms and may be reappointed, irrespective of the number of terms previously served. B. Members of the HRDB shall meet as determined by, and in accordance with,the provisions of the By-Laws for the HRDB and/or at such other times as may be called by the Chairman thereof. Notice of each meeting shall be provided to all members of the HRDB within a reasonable time prior to the meeting. All meetings of the HRDB will be open to the public with notice of the place, day and hour of the meeting posted at Ocoee City Hall at least forty-eight(48)hours in advance of any such meeting. C. Members shall be subject to the Florida Sunshine Law. D. The members of the HRDB may not vote upon a matter at a meeting unless a one-third(1/3) of the members (a quorum) is present. E. All members must reside within the City of Ocoee. F. All members serve at the pleasure of the City Commission and may be removed for cause at any time. In no event will the HRDB have the authority to remove any member. IV. Officers: A. The officers of the HRDB shall be a Chairman, a Vice-Chairman and any such other officers and assistant officers as may be deemed necessary by affirmative vote of a majority of the members present at a meeting at which a quorum is present. A secretary shall be provided by the City of Ocoee. 006.308884.2 4 B. The Chairman shall in general supervise and control the affairs of the HRDB and perform all other duties incident to the office of Chairman. In the absence of the Chairman or in the event of his death or inability to act, the Vice-Chairman shall perform the duties of the Chairman, and when so acting, shall have all the powers of the Chairman. C. Officers shall be elected by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. Officers may be reelected to the same position or to a different position, irrespective of the number of terms previously served. D. Each officer shall hold office for a term of one (1) year commencing upon his appointment to office or until his death, resignation or removal. Officers may be removed in the manner set forth in III (F) hereinabove. V. Bylaws: A. The Bylaws for the HRDB shall be as set forth on Exhibit"B" attached hereto and incorporated herein by reference. B. Unless otherwise provided in its By-laws, the HRDB shall follow Robert's Rules of Order(latest edition). 006.308884.2 5 EXHIBIT B CITY OF OCOEE HUMAN RELATIONS/DIVERSITY BOARD BY-LAWS ARTICLE 1 (Name of Organization) The official name of this organization shall be the City Of Ocoee Human Relations/Diversity Board ("HRDB"). ARTICLE 2 (Purpose and Objectives) 1. Purpose. The general purpose of the HRDB is to promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of Ocoee. In no event shall the HRDB by itself possess any decision-making authority or be authorized to bind the City of Ocoee. 2. Objectives. The objectives of the HRDB are as follows: A. Foster mutual understanding and respect among all persons emphasizing the positive impact that diversity brings to the City of Ocoee; B. Facilitate communication between the City Commission and citizen groups, individuals, and businesses; C. Assist the City Commission in educating the community through projects devoted to the elimination of prejudice, racial tension, intolerance, or discrimination; D. Provide suggestions and encouraging equality of treatment for, and prevention against discrimination against, any persons or businesses by Ocoee City government; E. Serve as an informational conduit to the community at large; and 006.308884.2 6 F. Assist the City Commission and staff as requested. ARTICLE 3 (Membership) 1. Number of Members. The HRDB shall consist of no less than seven (7) and no more than fifteen(15)members. 2. Qualifications for Membership. Only those persons who are legal residents of the City of Ocoee, or who own real property in Ocoee, or who are owners of businesses located in Ocoee, shall be eligible for membership. 3. Manner of Selection of Members. The City Commission shall designate one member of the City Commission and the City Manager shall designate one member of staff, both of whom will serve as ex officio non-voting members. Board members will be appointed by the City Commission from a list of interested persons who have completed the application form for membership on City boards and committees, and who are representative as to the diversity of the Community including race, sex, age, religion, disability, sexual orientation, and ethnic groups. 4. Term of Appointment. Of the initial members of the HRDB, one-half of the members (or one more than one-half if the initial HRDB has an odd number of members) shall be appointed to serve a one (1) year term. The remaining initial members shall serve a term of two (2) years. Thereafter, all members shall serve two (2) year terms and may be reappointed, irrespective of the number of terms previously served 5. Termination of Membership. All members serve at the pleasure of the City Commission and may be removed for cause at any time. In no event will the HRDB have the authority to remove any member. A notice of termination shall be promptly sent by the HRDB secretary to any member who's membership is terminated. 006.308884.2 7 ARTICLE 4 (Officers) The HRDB shall elect from among its members a Chairman, Vice-Chairman, and any such other officers and assistant officers as may be deemed necessary by affirmative vote of a majority of the members present at a meeting at which a quorum is present. Officers shall each serve for a term of one (1) year or until their successors are elected. Officers shall not be limited in the number of terms they serve. Vacancies which occur among the officers of the HRDB may be filled by the HRDB at its next regular meeting, provided that there is at least one week notice, prior to the meeting. ARTICLE 5 (Duties of Officers) 1. Duties of the Chairman. The Chairman shall preside at all meetings of the HRDB and shall hold ex-officio membership on all subcommittees. The Chairman shall perform all other duties ordinarily pertaining to the office and shall appoint all subcommittees whose composition or method of selection is not provided for elsewhere in these By-laws. 2. Duties of the Vice-Chairman. The Vice-Chairman shall perform the duties of the Chairman in the absence of the Chairman. ARTICLE 6 (Subcommittees) The HRDB may create such subcommittees as may be required to attain its objectives as set forth in Article II. Subcommittee Chairpersons shall be selected by the members of each subcommittee and shall be subject to confirmation at the next regular meeting of the HRDB. 006.308884.2 8 Members of subcommittees need not hold membership in the HRDB, however, any person serving as a Subcommittee Chairperson must be a HRDB member. ARTICLE 7 (Meetings) 1. Regular Meetings. Regularly scheduled meetings shall be held throughout the year. The frequency and specific calendar shall be determined by consensus at the first meeting of the year and shall include a first meeting date for the following calendar year. Notification of all regular meetings shall be provided to all members no less than seven (7) days prior to said meeting. All meetings of the HRDB shall be open to the public with notice of the date, place and time posted at Ocoee City Hall at least forty-eight(48)hours in advance of any such meeting. . 2. Special Meetings. Special meetings may be called by the Chairman or the Vice Chairman or by a majority of the HRDB members. Notification of all special meetings shall be posted not less than five (5) days prior to said meeting. Special meetings shall be conducted in the same manner as a regular meeting but shall be limited to the conduct of business specifically set forth in the notice. ARTICLE 8 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, one- third(1/3) of the total of all currently duly qualified members shall constitute a quorum. 2. Voting. Voting shall be done by voice vote or by show of hands at the discretion of the Chairman. Votes may only be taken at a properly noticed meeting at which a quorum is present. Unless otherwise provided in these By-laws, the passage of any item shall require a simple majority vote of those in attendance. Each duly qualified member in attendance, including 006.308884.2 9 officers, shall be entitled to one vote. Voting by proxy, absentee ballot or by telephone shall not be permitted. ARTICLE 9 (Parliamentary Authority) The parliamentary procedural rules found in the current edition of Robert's Rules of Order shall govern HRDB meetings and actions in all cases where they are not in conflict with these By- laws. 006.308884.2 10