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HomeMy WebLinkAboutItem 10 Approval of Resolution Amending Bylaws (Exhibit “A”) of Resolution No. 2019-010 4,04rdir ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 1, 2020 Item # Reviewed By: Contact Name: Dorcas Dillard, OYC Department Director: Melanie Sib itt Coordinator Contact Number: City Manager: i / / - Subject: Approval of Resolution Amending Ocoee Youth Council Bylaws '/IF":- of Resolution No. 2019-010. Background Summary: At the Regular City Commission Meeting held on January 15, 2019, the City Commission approved Resolution No. 2019-002 establishing the Ocoee Youth Council (OYC). The resolution adopted was to create and establish the composition of the OYC. On February 5, 2019, the City Commission adopted Resolution No. 2019-003 amending Resolution No. 2019-002 by repealing conflicts; and adopting bylaws and operational rules and procedures identified as Exhibit A. On August 6, 2019, the City Commission adopted Resolution No. 2019-010 amending "Exhibit A" by removing the minimum requirement of membership. During their OYC meeting on August 13, 2020, the Ocoee Youth Council members discussed and unanimously voted to bring before the City Commission consideration of amendments in the bylaws reducing membership to no more than nine (9) members, allowing membership of up to two (2) non- Ocoee residents enrolled in a public or private school within the City of Ocoee in grades nine through 12, and removal of a member who misses three (3) consecutive regular meetings. Issue: Should the Mayor and City Commission approve amendments to "Exhibit A" of Resolution No. 2019-010 to reduce membership to no more than nine (9) members, allow membership of up to two (2) non- Ocoee residents enrolled in a public or private school within the City of Ocoee in grades nine through 12, and allow removal of a member who misses three (3) consecutive regular meetings? Recommendations: Dorcas Dillard, OYC Coordinator, and the OYC members recommend the Mayor and City Commission consider approving the amendments to "Exhibit A" of Resolution No. 2019-010 to reduce membership to no more than nine (9) members, allow membership of up to two (2) non-Ocoee residents enrolled in a public or private school within the City of Ocoee in grades nine through 12, and allow removal of a member who misses three (3) consecutive regular meetings. Attachments: Amended & Redlined Resolution Financial Impact: None. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dent Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing X Resolution X Regular Agenda Commission Approval Discussion& Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 RESOLUTION NO. 2020 - A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE OCOEE YOUTH COUNCIL; AMENDING BYLAWS (EXHIBIT "A") OF RESOLUTION 2019-010; 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, on January 15, 2019, the City Commission of the City of Ocoee, Florida, adopted Resolution No. 2019-002 creating the Ocoee Youth Council for the general purpose of promoting and maintaining a positive relationship between the citizens of the City of Ocoee and the youth attending city high schools. WHEREAS, on February 5, 2019, the City Commission adopted Resolution No. 2019-003 amending Resolution No. 2019-002 by repealing conflicts; and adopting bylaws and operational rules and procedures identified as Exhibit A; and WHEREAS, on August 6, 2019, the City Commission adopted Resolution No. 2019-010 amending Resolution No. 2019-003 by removing the minimum requirement of membership. WHEREAS, on August 13, 2020, the Ocoee Youth Council members requested that the City Commission consider amendments in the bylaws reducing membership to no more than nine (9) members, allowing membership of up to two (2) non-Ocoee residents enrolled in a public or private school within the City of Ocoee in grades nine through 12, and removal of a member who misses three (3) consecutive regular meetings. 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 to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. 1 SECTION TWO. New Exhibit A. The City Commission of the City of Ocoee, Florida, hereby adopts amended EXHIBIT A to Resolution No. 2020- , attached hereto and by this reference made a part hereof, and except as set forth herein, Resolution No. 2020—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. Conflicts. All resolutions, parts of resolution, or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION FOUR. 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 FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2020. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2020 SHUFFIELD,LOWMAN &i WILSON,P.A. By: City Attorney 2 EXHIBIT A OCOEE YOUTH COUNCIL BYLAWS AND OPERATING RULES AND PROCEDURES I. PURPOSE: The general purpose of the Ocoee Youth Council 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 high school youth attending city schools. The council will provide a constructive means for youth to have a voice in the decision-making process. II. OBJECTIVES: A. To improve communication between the citizens of the City of Ocoee, the City Commission and the youth in our community. B. To increase involvement by our youth in community programs. C. To increase youth participation in local government. D. To seek and recommend ways to improve communication with students in city schools. E. To organize and perform service projects that benefits the Ocoee community. F. To recommend the creation of educational activities, recognition programs and employment opportunities for youth in our community. 3 III. MEMBERSHIP: A. The Ocoee Youth Council (OYC) shall consist of no more than nine (9) members. Members shall be appointed for a term of one year and may be reappointed, irrespective of the number of terns previously served. Members must be a City of Ocoee resident enrolled in a public school, private school, or a home education program in grades nine through 12 or be a non-Ocoee resident enrolled in a public or private school within the City of Ocoee in grades nine through 12. However, only up to 2 members (20%) may be non-Ocoee residents. The initial members of the OYC shall be appointed by the City Commission after considering recommendations from the OYC coordinator. New members may be recommended to the City Commission by the OYC, OYC Coordinator, Mayor or City Commissioners. The OYC is authorized to consult with and request the services of local educational, civic or non- profit institutions for assistance in vetting and recommending members for appointment to the OYC subject to City Commission affirmation. B. Members of the OYC shall meet once every month and/or at such other times as may be called by the Chair thereof. Notice of each meeting shall be provided to all members of the OYC 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. The members of the OYC may not vote upon a matter at a meeting unless a quorum of the members (a quorum) is present (50%plus one member).Voting shall be done by voice vote or by show of hands at the discretion of the Chair. Votes may only be taken at a properly noticed meeting at which a quorum is present. Unless otherwise provided in these By- 4 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. D. A member may be removed for cause from the OYC by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. Any member who misses three consecutive regular meetings shall be deemed to have resigned unless one or more of the absences was approved by the OYC. A member shall automatically have his or her membership revoked should such member cease to be qualified for membership pursuant to these Bylaws. IV. OFFICERS: A. The officers of the OYC shall be a Chair, and a Vice-Chair 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. The Chair and Vice- Chair shall be elected at the OYC's first meeting. B. The Chair shall, in general, supervise and control the affairs of the OYC and perform all other duties incident to the office of Chair. In the absence of the Chair or in the event of his/her death or inability to act, the Vice-Chair shall perform the duties of the Chair, and when so acting, shall have all the powers of the Chair. 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. 5 D. Each officer shall hold office for a term. of one (1) year commencing upon his/her appointment to office or until his/her 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 on a monthly basis. B. To supply information to the City, which may be helpful to the effective operation of city services and programs. C. To refer to the Coordinator, all questions requiring clarification of policy. D. To prepare periodic reports to keep the City Commission infoiiiied of the activities and progress of the council. E. To provide periodic reports, as directed by the City Commission, and supply information and advise the City Commission on youth-related issues, policy and performance. VI. LIMITATIONS AND PRIVILEGES: A. The OYC is not empowered to establish policy or investigate charges or operational problems of the City. However, these areas can be topics of discussion between the OYC, the City Commission and staff. B. Responsibility for initiating discussion with citizens, the City Commission and/or staff shall rest primarily with the OYC. However, this does not preclude the City Commission from initiating discussion with citizens and/or the OYC. C. The OYC shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to city operations. 6 RESOLUTION NO. 2020- 1-04-0 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE OCOEE YOUTH COUNCIL; AMENDING BYLAWS (EXHIBIT "A") OF RESOLUTION 2019-003010; MEMBERSHIPPROVIDING 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, on January 15, 2019, the City Commission of the City of Ocoee, Florida, adopted Resolution No. 2019-002 creating the Ocoee Youth Council for the general purpose of promoting and maintaining a positive relationship between the citizens of the City of Ocoee and the youth attending city high schools. WHEREAS, on February 5, 2019, the City Commission adopted Resolution No. 2019-003 amending Resolution No. 2019-002 by repealing conflicts; and adopting bylaws and operational rules and procedures identified as Exhibit A; and WHEREAS, on August 6, 2019, the City Commission desires—adopted Resolution No. 2019-010 to nd the bylaws-( hibit """` ofamending Resolution No. 2019-003 by removing the minimum requirement of membership. WHEREAS, on August 13, 2020,the Ocoee Youth Council members requested that the City Commission consider amendments in the bylaws reducing membership to no more than nine (9) members, allowing membership of up to two (2) non-Ocoee residents enrolled in a public or private school within the City of Ocoee in grades nine through 12, and removal of a member who misses three (3) consecutive regular meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: 1 SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. New Exhibit A. The City Commission of the City of Ocoee, Florida, hereby adopts amended EXHIBIT A to Resolution No. 2019 0102020- , attached hereto and by this reference made a part hereof, and except as set forth herein, Resolution No. 2019 0102020- - 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. Conflicts. All resolutions, parts of resolution, or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION FOUR. 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 FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2020. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY 2 COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2020 SHUFFIELD,LOWMAN& WILSON,P.A. By: City Attorney EXHIBIT A OCOEE YOUTH COUNCIL BYLAWS AND OPERATING RULES AND PROCEDURES I. PURPOSE: The general purpose of the Ocoee Youth Council 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 high school youth attending city schools. The council will provide a constructive means for youth to have a voice in the decision-making process. II. OBJECTIVES: A. To improve communication between the citizens of the City of Ocoee, the City Commission and the youth in our community. B. To increase involvement by our youth in community programs. C. To increase youth participation in local government. D. To seek and recommend ways to improve communication with students in city schools. 3 E. To organize and perform service projects that benefits the Ocoee community. F. To recommend the creation of educational activities, recognition programs and employment opportunities for youth in our community. III. MEMBERSHIP: A. The Ocoee Youth Council (OYC) shall consist of n,, less than nine (9) and no more than fifteen nine (4-5)members. Members shall be appointed for a term of one year and may be reappointed, irrespective of the number of terms previously served. Members must be a City of Ocoee resident enrolled in a public school, private school, or a home education program in grades nine through 12 or be a non-Ocoee resident enrolled in a public or private school within the City of Ocoee in grades nine through 12. However, only up to 2 members (20%) may be non-Ocoee residents. served so long as they are residents of Ocoee and entering grades 9 12 in a high school that serves Ocoee students. The initial members of the OYC shall be appointed by the City Commission after considering recommendations from the OYC coordinator. request of the OYC if the 0 ert that membership f l s below the ,,,ber rea New members may be recommended to the City Commission by the OYC, OYC Coordinator, Mayor or City Commissioners. The OYC is authorized to consult with and request the services of local educational, civic or non-profit institutions for assistance in vetting and recommending members for appointment to the OYC subject to City Commission affirmation. B. Members of the OYC shall meet once every month and/or at such other times as may be called by the Chair thereof Notice of each meeting shall be provided to all 4 members of the OYC 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. The members of the OYC may not vote upon a matter at a meeting unless a quorum of the members (a quorum) is present (50%plus one member). Voting shall be done by voice vote or by show of hands at the discretion of the Chair. 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. D. A member may be removed for cause from the OYC by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. Any member who misses three consecutive regular meetings shall be deemed to have resigned unless one or more of the absences was approved by the OYC. A member shall automatically have his or her membership revoked should such member cease to be qualified for membership pursuant to these Bylaws. IV. OFFICERS: A. The officers of the OYC shall be a Chair, and a Vice-Chair 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. The Chair and Vice- Chair shall be elected at the OYC's first meeting. 5 B. The Chair shall, in general, supervise and control the affairs of the OYC and perform all other duties incident to the office of Chair. In the absence of the Chair or in the event of his/her death or inability to act, the Vice-Chair shall perform the duties of the Chair, and when so acting, shall have all the powers of the Chair. 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 teen of one (1) year commencing upon his/her appointment to office or until his/her 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 on a monthly basis. B. To supply information to the City, which may be helpful to the effective operation of city services and programs. C. To refer to the Coordinator, all questions requiring clarification of policy. D. To prepare periodic reports to keep the City Commission informed of the activities and progress of the council. E. To provide periodic reports, as directed by the City Commission, and supply information and advise the City Commission on youth-related issues, policy and performance. VI. LIMITATIONS AND PRIVILEGES: 6 A. The OYC is not empowered to establish policy or investigate charges or operational problems of the City. However, these areas can be topics of discussion between the OYC,the City Commission and staff. B. Responsibility for initiating discussion with citizens, the City Commission and/or staff shall rest primarily with the OYC. However, this does not preclude the City Commission from initiating discussion with citizens and/or the OYC. C. The OYC shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to city operations. 7