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HomeMy WebLinkAbout2022-01 Amending CACOFD Bylaws RESOLUTION NO. 2022-01 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT; DELETING EXHIBITS "A" AND "B" AND CREATING A NEW EXHIBIT A 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, on September 16, 2003, the City Commission of the City of Ocoee, Florida adopted Resolution 2003-20 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 Fire Department; and WHEREAS, on August 3, 2010, the City Commission adopted Resolution 2010-012 amending EXHIBIT "A" and EXHIBIT "B"; and WHEREAS,the City Commission desires to delete EXHIBIT "A" and EXHIBIT "B" of Resolution 2010-012 and create a new EXHIBIT A entitled"Citizen Advisory Council for the Ocoee Fire Department Bylaws." 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. SECTION TWO. New Exhibit A. The City Commission of the City of Ocoee, Florida, hereby deletes EXHIBIT "A" and EXHIBIT "B" of Resolution 2010-012, and creates a new EXHIBIT A, attached hereto and by this reference made a part hereof, and except as set 1 forth herein, Resolution 2010-012 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 y day of c� ,4ar- , 2022. Attest APPROVED: CITY OF OCOEE,FLORIDA 1t h Melanie Si bitt;City Clerk 1 Rusty Johns ayor (SEAL) " APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON yzro, •c, Y , 2022,UNDER AGENDA 9/ ITEM NO. y FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS 474 DAY OF ar,.A✓Priz-y ,2022 SHUFFIELD LOWMAN & WILSON,P.A. By: ---,- City tto 2 EXHIBIT A CITIZENS ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT (CACOFD BYLAWS) 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; e. to foster understanding and cooperation between the citizens and the fire department; 3 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 three (3) and no more than nine (9) 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. The City Commission reserves the right to waive the foregoing membership qualifications when the City Commission deems it appropriate. 3. Manner of Selection of Members. Members shall 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. Members are expected to attend Board meetings and participate in a minimum of one Board-sponsored event per calendar year, if applicable. Applicants for membership should anticipate that participation will require considerable devotion of personal time. 4 4. Teiiii of Appointment. Members shall be appointed for a term of three (3) years 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 CACOFD 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 (if applicable) shall be deemed to have resigned by the CACOFD. Any member submitting a voluntary resignation must do so in writing to the City Clerk. 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. 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. 5 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 observations 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 CACOFD shall be governed by two officers, a Chair and Vice-Chair. The Chair and the Vice-Chair shall be elected by a majority vote at the first meeting of the year from the CACOFD membership, and they shall assume office at the close of the meeting at which they are elected. A recording clerk 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 teams 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. 6 ARTICLE 5 (Duties of Officers) 1. Duties of the Chair. The Chair shall preside at all meetings of the CACOFD and shall hold ex-officio membership on all subcommittees. The Chair 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 Bylaws. 2. Duties of the Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. ARTICLE 6 (Subcommittees) 1. The CACOFD may create such subcommittees as may be required to attain its objectives, as set forth in Article 2. Subcommittee Chair 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 Chair. 7 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 within a reasonable time prior to the 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. The Recording Clerk shall prepare minutes of each regular meeting. 2. Special Meetings. Special meetings may be called by the Chair or the Vice-Chair or by a majority of the CACOFD members. Notification of all special meetings shall be posted not less than 48 hours 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. The Recording Clerk shall prepare minutes of each special meeting. ARTICLE 8 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, a majority (50%plus one) of the total of all current members shall constitute a quorum. 2. Voting. 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 Bylaws, the passage of any item shall require a simple majority vote of those in attendance. Each duly qualified member in attendance, including 8 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 CACOFD meetings and actions in all cases where they are not in conflict with these Bylaws. 9 The Following Pages Indicate Strikethroughs showing Deletions and Underlines showing proposed New Language. EXHIBIT A CITIZENS ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT (CACOFD BYLAWS) 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; 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; 3 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 three (3) and no more than fifteen(15)nine (9) 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. The City Commission reserves the right to waive the foregoing membership qualifications when the City Commission deems it appropriate. 3. Manner of Selection of Members. Members shall be appointed by the City Commission from a list of interested and eligible persons who have completed the application founi for membership on City boards and committees. Members are expected to attend Board meetings and participate in a minimum of one Board-sponsored event per calendar year, if applicable. Applicants for membership should anticipate that participation will require considerable devotion of personal time. 4 4. Term of Appointment. Members shall be appointed for a teiiii of three (3) years 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 CACOFD 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 (if applicable) shall be deemed to have resigned by the CACOFD. Any member submitting a voluntary resignation must do so in writing to the City Clerk. 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 i3sucs relating to fire department procedures, policy and performance. 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 5 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 observations of the 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 CACOFD shall be governed by two officers, a.Chair and Vice-Chair. The Chair and the Vice-Chair shall be elected by a majority vote at the first meeting of the year from the CACOFD membership, and they shall assume office at the close of the meeting at which they are elected. A recording clerk 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 6 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 Chair. The Chair shall preside at all meetings of the CACOFD and shall hold ex-officio membership on all subcommittees. The Chair 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 Bylaws. 2. Duties of the Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. ARTICLE 6 (Subcommittees) 1. The CACOFD may create such subcommittees as may be required to attain its objectives, as set forth in Article 2. Subcommittee Chair 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 7 be prepared, but if they are prepared, may be created by any person designated by the Subcommittee Chair. 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 within a reasonable time prior to the 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. The Recording Clerk shall prepare minutes of each regular meeting. 2. Special Meetings. Special meetings may be called by the Chair or the Vice-Chair or by a majority of the CACOFD members. Notification of all special meetings shall be posted not less than 48 hours 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. The Recording Clerk shall prepare minutes of each special meeting. ARTICLE 8 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, a majority (50%plus one) of the total of all current members shall constitute a quorum. 2. Voting. 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. 8 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 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 CACOFD meetings and actions in all cases where they are not in conflict with these Bylaws. 9