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HomeMy WebLinkAboutItem 04 Approval of Resolution and Bylaws for HRDB City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: January 17, 2023 Item #: 4 Contact Name: Scott Cookson Department Director: Scott Cookson Contact Number: 407-581-9800 City Manager: Robert Frank Subject: Approval of Resolution and Bylaws to the Human Relations Diversity Board (HRDB). (City Attorney Cookson) Background Summary: The Human Relations Diversity Board’s mission is to promote understanding, respect, goodwill and equality among citizens and businesses in Ocoee. The City Commission has determined that certain revisions to the Bylaws of the HRDB related to qualifications for membership and procedures for the Board’s meetings are in the best interest of the City. A draft Resolution amending the Bylaws of the HRDB Board was presented to the City Commission on December 6, 2022. Based on discussion and action by the City Commission, the following changes were made to the initial draft of the Resolution amending the Bylaws of the HRDB Board: 1. All members of the HRDB Board must be residents of Ocoee (The Bylaws no longer allow for non- resident owners of property or non-resident owners of businesses in Ocoee to be members). 2. In order to stagger the terms of the members of the HRDB Board, members initially appointed from District 1 and 3 shall serve for an initial two (2) year term and members appointed from District 2 and 4, along with the member appointed by the Mayor, serve for an initial three (3) year term. After these initial terms, all members will then serve for three (3) year terms. 3. Members are required to attend diversity and ethics training within twelve (12) months of being appointed. The training will be paid for by the City and directed by the City Clerk. Issue: Should the Honorable Mayor and the Board of City Commissioners approve the Resolution to amend the Bylaws of the Human Relations Diversity Board? Recommendations: Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve the Resolution to amend the Bylaws of the Human Relations Diversity Board. Attachments: 1. Resolution with Bylaws Page 42 of 656 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: None Type of Item: Consent Page 43 of 656 RESOLUTION NO. 2023-__ A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING RESOLUTION NO. 2021-002 RELATING TO THE HUMAN RELATIONS DIVERSITY BOARD BY PROVIDING FOR A CHANGE IN MEMBERSHIP; 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. 2016-009 and 2021-002; and WHEREAS, the City Commission believes it is in the best interest of the city and the Board to amend the Membership and Bylaws of the Human Relations Diversity Board. 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. SECTION 2. Purpose. The language of the enabling legislation and Bylaws contained in Resolution 2021-002 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. Page 44 of 656 PASSED AND ADOPTED this __ day of ___________, 2023. Attest: Melanie Sibbitt, City Clerk CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor (SEAL)ADOPTED THIS __ DAY OF _________________, 2023, UNDER AGENDA ITEM NO. _____ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE. APPROVED AS TO FORM AND LEGALITY THIS __ DAY OF ____________, 2023. SHUFFIELD, LOWMAN & WILSON, P.A. BY: Scott Cookson, City Attorney Page 45 of 656 EXHIBIT “A” I.MISSION: The general 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. Make recommendations to the City Commission and staff on HRDB related matters, as needed. III.Membership: A. The HRDB shall consist of no less than seven (7) five (5) and no more than thirteen (13) seven (7) 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 liaisons (non-voting) members. The duties of the liaisons appointed by the Commission and City Manager are to assist the HRDB in attaining the HRDB objectives and report the HRDB’s progress to the Commission and City Manager periodically - not to provide direction or directives to HRDB members or the HRDB in general unless the City Commission has authorized same. In addition, from time to time, the City Commission may designate one (1) member representing an organization with operations in the City (such as a church or other civic organization) to serve as a liaison (non-voting) member for a term determined by the City Commission. For the initial five (5) voting members, each City Commissioner shall appoint one (1) person from the Commissioner’s district to be an HRDB member. The Mayor shall appoint one (1) person from any district to be an HRDB member. Two (2) additional at-large voting 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 an Application for Serving on City Boards available from the City Clerk, and who are representative of the diversity of the community, including race, sex, age, religion, disability, sexual orientation, and ethnic Page 46 of 656 group. The two (2) at-large members may be from any district, except that at no time shall both at- large members be from the same district. Members are expected to attend Board meetings and participate in a minimum of one Board-sponsored event per calendar year. Applicants for membership should anticipate that participation will require considerable devotion of personal time. Effective May 2014 January 1, 2023, the member appointed from district 1, the member appointed from district 3, and the first of the two (2) at-large members shall serve a two (2) year term and the member appointed from district 2, the member appointed from district 4, the member appointed by the Mayor and the second of the two (2) at-large members shall serve a three (3) year term. Once the terms of an original appointed member expires, subsequent, 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. In the event of a vacancy in a member appointed by a City Commissioner, the applicable City Commissioner shall appoint the new member from that Commissioner’s district. In the event of a vacancy in a member appointed by the Mayor, the Mayor shall appoint the new member from any district. In the event of a vacancy in an at-large member, the City Commission shall appoint the new member from any district other than the district of any current at-large member. Subsequent at-large members shall meet the same requirements as the initial at- large members. Vacancies shall remain vacant until appointed as provided herein. 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. 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 Chair 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. Liaison 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 by the HRDB. Any member submitting a voluntary resignation must do so in writing to the City Clerk. Page 47 of 656 G. Each member shall attend and complete diversity training and ethics training within twelve (12) months of being appointed. Such training will be paid for by the City and directed by the City Clerk. IV.Bylaws: The Bylaws for the HRDB shall be as set forth below, which are attached hereto and incorporated herein by reference. Page 48 of 656 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. Mission. The general 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. Make recommendations to the City Commission and staff on HRDB related matters, as needed. Page 49 of 656 ARTICLE 3 (Officers) 1. The HRDB shall be governed by three officers: Chair, Chair-Elect, and Past-Chair. 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 Chair and the former Chair shall become the Past-Chair. The City Clerk shall assign a person to serve as recording clerk of the HRDB. Said person need not be is not 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. ARTICLE 4 (Duties of Officers) 1. Duties of the Chair. The Chair shall in general supervise and control the affairs of the HRDB and perform all other duties incident to the office of Chair. The Chair shall preside at all meetings of the HRDB 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. 2. Duties of the Chair-Elect. The Chair-Elect shall perform the duties of the Chair in the absence of the Chair, chair one or more subcommittees, or undertake additional duties assigned by the Chair. 3. Duties of the Past-Chair. The Past-Chair shall perform the duties of the Chair in the absence of the Chair and Chair-Elect, chair one or more subcommittees, or undertake additional duties assigned by the Chair. Page 50 of 656 4. Duties of the Recording Clerk. The Recording Clerk shall have the duties normally assigned to such a position ensure that the meetings are recorded and shall have , including the duty of preparing minutes of each motion made and vote taken during 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. 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 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 meetings need not be recorded or attended by the Recording Clerk. Page 51 of 656 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 Recording Clerk shall prepare minutes of each motion made and vote taken during each regular meeting. 2. Special Meetings. Special meetings may be called by the Chair or the Chair-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 Recording Clerk shall prepare minutes of each of each motion made and vote taken during each special meeting. 3.Meeting Set-Up. Regular meetings shall be held in the Commission Chambers at City Hall, or such other location as determined by the Recording Clerk if the Commission Chambers are unavailable. The Recording Clerk shall sit on the dais or other area with access to recording equipment. Voting members shall sit around a table with the liaison members and members of the public seated in the audience chairs. 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. Liaison 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 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 officers, shall be Page 52 of 656 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. Page 53 of 656