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HomeMy WebLinkAboutItem 04 Approval of Resolution Amending Resolution No. 2016-009 - Exhibit “A” Bylaws of the Human Relations Diversity Board gt010 owes florida AGENDA ITEM COVER SHEET Meeting Date: May 18, 2021 Item # 1-1 Reviewed By: Contact Name: Melanie Sibbitt, City Clerk Department Director: Melanie ibbi 111 / Contact Number: 1026 City Manager: , Subject: Approval of Resolution amending Resolution No. 2016-009, Ex ibit "A", Bylaws of the 1, Human Relations Diversity Board (HRDB) Background Summary: At the December 3, 2020, HRDB Meeting, HRDB Board Chair Maxwell expressed disappointment with attendance and lack of involvement with some of the board members. He proposed the establishment of a Bylaw Review Sub-committee to review and change the bylaws appropriately so that recommendations may be submitted to the City Commission. The sub-committee met in December to bring back recommendations before the HRDB in January, for review and approval. The HRDB Board discussed the sub-committee's proposed amendments to include change in membership qualifications and clarifying other requirements during their January, February, and April meeting. At their April 1, 2021 meeting, the bylaws were finalized and a motion was made to present the amended bylaws to the City Commission. However, one of the amendments proposed under the objectives seemed to cause confusion for the members. Therefore, HRDB Board Liaison Doug Gaines and HRDB Recording Clerk Melanie Sibbitt met with the City Attorney to discuss. Updated language was recommended and Board Liaison Doug Gaines presented the suggested changes at the May 6, 2021, HRDB meeting. After a brief discussion, the board agreed on their formulated wording consistent with their objectives, and a consensus was made to proceed with presenting the amended bylaws to the City Commission. Issue: Should the Bylaws of the Human Relations Diversity Board be changed to allow the recommended amendments to include change in membership qualifications and clarifying other requirements? Recommendations: Staff recommends that the City Commission adopt the Resolution in order to better accomplish the objectives of the HRDB and clarify its intent regarding governance of the advisory board. Attachment: • Proposed resolution amending the HRDB Bylaws • Minutes of the HRDB requesting the revisions of the Bylaws Financial Impact: None. • 1 Type of Item: (please mark with an 'x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing X Resolution x Regular Agenda _ X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Reviewed by City Attorney Logan J. Opsahl, Assistant City Attorney (05/11/21) N/A Reviewed by Finance Dept. N/A 2 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING RESOLUTION NO. 2016-009 RELATING TO THE HUMAN RELATIONS DIVERSITY BOARD BY PROVIDING FOR A CHANGE IN MEMBERSHIP QUALIFICATIONS; CLARIFYING OTHER REQUIREMENTS; 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 adopted Resolution 2003-021 on September 16, 2003 creating the Human Relations Diversity Board and adopting its Bylaws; and WHEREAS, the City Commission subsequently modified Resolution 2003-021 through the action of Resolutions 2004-011, 2010-010, 2013-007, 2015-014 and 2016-009; and WHEREAS, the City Commission believes it is in the best interest of the city and the Board to amend Section III of the Bylaws of the Human Relations Diversity Board entitled "Membership" in order to clarify membership qualifications to serve on the Board and remove the provision that allows non-members to serve on Board; clarifying other language that presently appears in the enabling legislation and the Bylaws; and providing a general reorganization of content to improve readability. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA: SECTION 1. 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, Article II, Section C-8.0 of the Charter of the City of Ocoee,Florida and Chapter 166, Florida Statutes. 1 SECTION 2. Purpose. The language of the enabling legislation and Bylaws contained in Resolution 2016-009 is hereby revised, as shown on Exhibit "A" to this Resolution. Deletions from the original content are shown in strikethrough text; additions are shown in underlined text. SECTION 3. 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 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2021. CITY OF OCOEE, FLORIDA Attest: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) READ AND ADOPTED THIS DAY OF , 2021,UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2021 SHUFFIELD, LOWMAN &WILSON,P.A. By: City Attorney 2 EXHIBIT "A" I. REMISSION: The general purpose-mission 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 preventing discrimination against, any persons or businesses by Ocoee City government; E. Serve as an informational conduit to the community at large; and F. Assist Make recommendations to the City Commission and staff on HRDB related matters,as requestedneeded. 3 III. Membership: A. The HRDB shall consist of no less than seven (7) and no more than thirteen (13)voting 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 eff ieliaisons Ilion-voting) members. HRDB members will be appointed by the City Commission from a list of interested and eligible persons who have completed the application form for membership on City boards and committees, and who are representative of the diversity of the community, including race, sex, age, religion, disability, sexual orientation, and ethnic group. Members are expected to attend Board meetings and participate in a minimum of one Board-sponsored events per calendar year. Applicants for membership should anticipate that participation will require considerable devotion of personal time. Effective May 2014, all members shall serve a three (3) year term and may be reappointed, irrespective of the number of terms previously served; however, to ensure that approximately one-third of the authorized membership positions become vacant in any given year, the City Commission may make appointments of one, two, and three years of service. B. Only those persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses located in Ocoee shall be eligible for membership. Persons who were convicted of a felony or a misdemeanor involving moral turpitude are ineligible. Representation of an ethic or cultural group not present on the Board; 7 Sk lls o ectiyes „,mot r .�tly ., a lable f.,,.,,, Board .., mbers; andlor 0 0 0 3 Strong links to ..r ith ., .,.,ilar m r to ible ort of Board activities. Them mber e f non r sidents on he Board at a ,time of o eed 4 three (3) persons, and no non resident may be appointed to fill the final vacant seat. Any applicantfer-appoi ie e B ar-d ho dees--not meet- he-ge ' b embership C. Members of the HRDB shall meet as determined by, and in accordance with, the provisions of the Bylaws 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. D. Members shall be subject to the Florida Sunshine Law and Robert's Rules or Order. E. The members of the HRDB may not vote upon a matter at a meeting unless 50%plus one of the members (a quorum) is present. Ex officioLiaison members, because they are non-voting, are not to be included in a count of the members for the purpose of determining whether a quorum is present. 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. Any member who misses three consecutive regular meetings or five regular meetings in a 12-month period or does not participate in one board-sponsored event shall be deemed to have resigned unless o of the "bsences was-apprevea by the HRDB. Any member submitting a voluntary resignation must do so in writing to the City Clerk. IV. Bylaws: 5 The Bylaws for the HRDB shall be as set forth below, which are attached hereto and incorporated herein by reference. 6 CITY OF OCOEE HUMAN RELATIONS/DIVERSITY BOARD BYLAWS 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. Pufpese.Mission. The general purpose mission 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: 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 eliminating prejudice,racial tension, intolerance, or discrimination; D. Provide suggestions and encourage equality of treatment for, and prevent discrimination against, any persons or businesses by Ocoee City government; E. Serve as an informational conduit to the community at large; and F. Assist Make recommendations to the City Commission and staff on HRDB related matters, as neededrequested. 7 ARTICLE 3 (Officers) 1. The HRDB shall be governed by four officers: Chairman, Chairman-Elect, and Past-Chaff . The HRDB shall elect from among its members a Chair - Elect 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. At the end of his or her term as Chair-Elect, the incumbent shall become Chairman and the former Chairman shall become the Past-Chairman. The City Clerk shall assign a person to serve as secretary recording clerk of the HRDB. Said person need not be a member of the HRDB. There is no specific term for this office; the City Clerk may appoint a new person to fulfill this role as the need arises. 2. Elected HRDB 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. At each election, the members may vote to retain the current slate of officers in their present positions rather than allow the progression of officers to occur. Vacancies which occur among the officers of the HRDB during the term of service may be filled by the HRDB at its next regular meeting, provided that there is at least one week's notice of the election prior to the meeting; however, no election of a substitute person. 8 ARTICLE 4 (Duties of Officers) 1. Duties of the Chairman. The Chairman shall in general supervise and control the affairs • of the HRDB and perform all other duties incident to the office of 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. 2. Duties of the Chairman-Elect. The Chairman-Elect shall perform the duties of the Chairman in the absence of the Chair, chair one or more subcommittees, or undertake additional duties assigned by the Chairman. 3. Duties of the Past-Chairman. The Past-Chair shall perform the duties of the Chair in the absence of the Chairman and Chairman-Elect, chair one or more subcommittees, or undertake additional duties assigned by the Chairman. 4. Duties of the SeefetapyRecording Clerk. The Seeretary-Recording Clerk shall have the duties normally assigned to such a position, including the duty of preparing minutes of each regular or special meeting of the HRDB, preparing correspondence, and making and posting announcements of HRDB and subcommittee meetings. 5. The duties of any office created by the HRDB shall be those assigned in the motion creating the office but cannot conflict with the duties assigned to any office established by these Bylaws. 9 ARTICLE 5 (Subcommittees) 1. The HRDB may create such subcommittees as may be required to attain its objectives, as set forth in Article 2. Subcommittee Chairmen shall be selected by the members of each subcommittee. 2. Subcommittee Meetings. Subcommittees may meet with such frequency as they deem appropriate for the assigned task. Notification of all subcommittee meetings shall be provided to all members no less than five (5) days prior to each meeting. All meetings of any subcommittee 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. Subcommittee meetings shall be conducted in the same manner as a regular meeting but shall be limited to the conduct of business according to the scope of the subcommittee. Subcommittee meeting minutes need not be prepared, but if they are prepared, may be created by any person designated by the Subcommittee Chairman. ARTICLE 6 (HRDB 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 each 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. The secrecy Recording Clerk shall prepare minutes of each regular meeting. 10 2. Special Meetings. Special meetings may be called by the Chairman or the Chairman- Elect or by a majority of the HRDB members. Notification of all special meetings shall be posted in the same manner as regular meetings but with not less than five (5) days'-prior notice. 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. The Seer-etaRecording Clerk shall prepare minutes of each special meeting. ARTICLE 7 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, 50% plus one of the total of all current members shall constitute a quorum. Ex officioLiaison members cannot be counted when determining the presence of 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 Bylaws, 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, electronic mail, or by telephone shall not be permitted. ARTICLE 8 (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 Bylaws. 11 CITY OF OCOEE Minutes of the Human Relations Diversity Board Regular Meeting Held April 1,2021 I:CALL TO ORDER The meeting was called to order by Chair Maxwell at 6:15 PM in the Commission Chambers of City Hall located at 150 North Lakeshore Drive, Ocoee. Member Dawkins led the Board in the Pledge of Allegiance to the Flag, followed by a moment of personal reflection. Recording Clerk Sibbitt performed roll call and declared a quorum present. Present: Chair Maxwell, and Members Foster, Anderson-Robinson (arrived at 6:30 PM), Dawkins, Hart, Fontanez, Carr, and Moyer Absent: None Also Present: Commissioner Oliver,Assistant Support Services Director Doug Gaines, and Recording Clerk Sibbitt Public Comments: None II: BUSINESS FOR DISCUSSION A. Approval of Minutes for the HRDB meetings held February 4, 2021: Motion: Move to Approve the February 4, 2021, Minutes; Moved by Member Dawkins, seconded by Member Hart. Motion carried unanimously. B. Bylaw Review - Finalize and Approve: This item was heard out of the agenda order to allow for Recording Clerk Sibbitt to make copies of the Bylaws for distribution. Once copies of the Bylaws were provided,Chair Maxwell inquired if the members had reviewed them and opened the floor for discussion. Further discussion ensued on the Bylaws concerning the following: • Page 7-Article 2 (2.F.)-A correction was noted to update the word, "Assist"to "Advise". • Pages 3 and 7—Change the words "Purpose" to "Mission"for Section I and Article 2.1. Consensus of the board was to change the word to"Mission" as recommended by Member Moyer. • Page 9 -Article 4 Section 2. Discussion ensued about the terms of the officers on the Board (Past Chair, Chair, and Chair-Elect), and if those terms should be extended to a two-year term.The consensus of the Board was to retain the officer terms as is.;therefore, no changes were made to that section. • Page 13—Voting by proxy,absentee ballot, electronic mail, or telephone should not be permitted. Motion: Move to approve the HRDB Bylaw amendments as presented by the Subcommittee, to include the changes discussed and made by the board; and further, present amended Bylaws to the City Commission for approval. Moved by Chair Maxwell,seconded by Chair-Elect Rhonda-Anderson. Motion carried unanimously. Chair Maxwell thanked the board for their efforts in sustaining the board and its functionality. 1IPage HRDB Regular Meeting April 1, 2021 C. Final Report on Virtual Essay Contest: Member Dawkins `shared that the Essay Contest was very well executed. She explained the format of the ceremony, and commented she had feedback from the community that the ceremony was well received. She further commented the live stream of the ceremony allowed for students to share their winning moments with family members, near and far,which was a great benefit considering the limitations of this past year. Member Dawkins further advised the principal from Spring Lake Elementary did not get an opportunity to submit their thirty (30) essays on time; and therefore, asked if the board was in favor of accepting the essays for review and assignment of awards.She confirmed with Joy Wright there was funding available and would need a member to volunteer to assist with reading and selecting the winners. Chair-Elect Anderson-Robinson volunteered to assist. Member Dawkins shared that if they approve the request from Spring Lake Elementary,the total count of essays received and reviewed would be 216 essays. Member Dawkins also announced that Member Foster donated$500 worth of gift cards to provide as prizes. Member Moyer commended Member Dawkins for the outstanding job she did as Chair of the Essay Contest Subcommittee. Motion: Move to approve the review of the Spring Lake Elementary Essays received; and further,award prizes to 1st, 2"d, and 3rd place winners; Moved by Member Dawkins, seconded by Member Moyer. Motion carried unanimously. D. Fiesta de Colores: Before moving onto the next topic,Chair Maxwell,shared that he had received numerous communications from descendant's families who were not in attendance at the November event, but inquired if they can receive a commemorative plaque. He briefed the board on several factors involved in recreating the plaque,which included having more coins fabricated. He shared that he received a quote from the vendor for$176.00 per plaque and he asked for the board's consent to honor the requests of the descendants to acquire additional plaques. Member Moyer inquired how many requests were received. Chair Maxwell shared he had requests of no more than 6 plaques. Member Dawkins shared she did not have any issue with ordering additional plaques as it was not a large amount and needed to be done, but felt there should be a deadline on requests being received.Chair Maxwell shared the deadline was already established for June. Member Carr inquired about the November event budget and asked if he could receive a breakdown of the expenses. Assistant Support Services Director Doug Gaines shared that he has the information, and further explained that the City Commission did approve an additional $500 to go toward plaques. He asked the board to be mindful of the costs of shipping as they would have to go back to the City Commission if additional funding is needed. He informed Member Carr that he would provide him with the breakdown of the expenses. Member Fontanez and Chair-Elect Anderson-Robinson also voiced their support to purchase additional plaques. Chair Maxwell shared that he would like to discuss at the next meeting the sculpture that was designed by Brian Owens. He also shared that many of the members had the privilege to meet Mr. Owens back in 2019 when he presented his concept to the board. Chair Maxwell shared a PowerPoint from 2010 that highlighted Fiesta de Colores. He summarized the presentation, but also asked the City Clerk to please forward the presentation to the board members for their review. Chair Maxwell announced that flags for each Latin Country have already been purchased as they were used during past events. He further shared that Fiesta de Colores was well attended with roughly 500-700 people, but they did receive negative feedback on the start time of the event as it was scheduled too early in the day. Member Dawkins explained that after 12:00 PM attendance was more favorable. She further explained the different activities and vendors that participated in the event. Page 12 HRDB Regular Meeting April 1, 2021 Member Moyer shared that he attended the CACOPD Meeting and they are working on a September 11'event. He brought this to the board's attention as he is aware that Hispanic Heritage Month runs from September- October. Brief discussion ensued about the event date. Member Foster inquired about the target audience, and if a healthcare booth could be set up to provide healthcare outreach to those in attendance that may not have healthcare assistance. Member Dawkins shared that during a past event they did have a Walgreens Pharmacy booth which provided healthcare information and services such as blood pressure readings. Chair Maxwell announced that he felt it was the consensus of the board to bring back the Fiesta de Colores Event, but inquired who would lead the event efforts. Member Dawkins commented that she would be willing to assist Member Fontanez. Chair Maxwell asked Member Dawkins if she could bring back a concept summary to share with the board. Ill: Board and Staff Comments: Member Foster introduced her daughter Abigail Foster, who will be graduating this year with a Master's in Hospitality Management. She further congratulated Commissioner Oliver on a successful election, and also commended Member Hart for her run for the election seat and added she hoped this would not be her last effort. Member Carr spoke in favor of the board showing support for Deputy Chief Ogburn to be hired as the new Police Chief, and offered reasons why he felt the board should write a letter of support. Motion: Move to draft a letter of recommendation advising the City Manager to promote Deputy Chief Ogburn to Police Chief; and further, have the HRDB board show support of their recommendation at the next City Commission Meeting; Moved by Member Carr,seconded by Member Foster. Discussion ensued as to whom they would be advising, if this topic was within the scope of the board's duties, if there were other applicants to consider, and if the board as a whole does not agree with the endorsement of the applicant considered by one member. After the discussion. Motion was conducted by roll call vote and failed 6-2 with Chair Maxwell, Chair-Elect Anderson-Robinson, Members Dawkins, Hart, Fontanez,and Moyer opposing. Recording Clerk Sibbitt reiterated that any resident is entitled to email the City Manager as well as the Elected Officials directly with a personal endorsement for the Police Chief position. Member Carr inquired if the survey conducted by the union could be provided to him. Recording Clerk Sibbitt advised he could make a public records request through the City Clerk's office, and she was not personally aware of any survey that was conducted.She further shared that the position of Police Chief was not posted so currently there were no applicants on file to be considered. Member Dawkins clarified that her"no"vote was based on not having any information on the applicants. Commissioner Oliver shared that he had meetings with the City Manager regarding the Police Chief position and was advised that a board of Police Chiefs throughout Florida would be conducting the interviews and participate in the selection of the new Police Chief. He was informed that there were at least two internal applicants interested in the position. He further shared that he will bring this topic up at the next City Commission for the City Manager to explain the process. Chair Maxwell thanked Commissioner Oliver for providing the clarification on the hiring process as the HRDB Board does not have the authority over it. Member Foster briefly commented on what she seeks in leadership. Page 13 HRDB Regular Meeting April 1, 2021 Member Moyer commented he would like to discuss the HRDB business cards. He shared the picture and coloring on the card he received was blurry.Assistant Support Services Director Doug Gaines replied he will look into the issue with the cards. Member Carr inquired if they are allowed to wear their board shirts and name tags. Recording Clerk Sibbitt shared she is not aware of what have may have been stated during a meeting prior to her appointment as recording clerk, but board members are allowed to wear their shirts during board meetings and at board functions. It has been discouraged for board shirts to be worn outside of City functions,or in a way that may misrepresent the City. Member Moyer announced that Orange County Historical Center is hosting the Ocoee Massacre exhibition until April 4th. Member Dawkins reminded the board she spoke with Pam Schwartz, Museum Curator, who advised that she would consider providing the board schematics of the exhibit. IV:Set Next Agenda A. Approval of Minutes for March 4, 2021 meeting B. Fiesta de Colores C. Essay Contest Update D. Commemorative Plaque Update E. Sculpture Discussion Adjournment: meeting adjourned at 7:58 PM ATTESTED: APPROVED and DATED: Melanie Sibbitt, Recording Clerk Chairperson Page 14