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HomeMy WebLinkAboutItem #21 Human Relations Diversity Board Amended Resolution and Bylaws AGENDA ITEM COVER SHEET Meeting Date: September 2, 2008 Item # 2/ Reviewed By: ~~.... Contact Name: Jim Carnicella Department Director:' ~ ~ Contact Number: X. 1032 City Manager: ~ -' --===:, _ Subject: Human Relations Diversity Board Amended.Resolution and Bylaws Background Summary: The Human Relations Diversity Board (HRDB) was created by Resolution 2003-21, which was later amended by Resolution 2004-11 to change the quorum requirement to 51 %. The HRDB currently consists of eight (8) members, and has a maximum membership requirement of fifteen (15). Members have been trying to recruit new applicants for the board and have voted to change the membership requirements as an effort to build and maintain their membership. Members also discussed amending the by-laws to reflect the wording of the charter so that the two parts do not contradict each other. The members moved to amend the resolution and by-laws as follows: . To include a clause to grandfather in members if they were to move out of Ocoee and would otherwise be forced to resign, with a maximum of two members at a time who are non-residents; and . To make the by-laws and the charter uniform and non-contradictory of each other, specifically known as Exhibits A and B. Issue: Should the Mayor and Commission approve the amended resolution and by-laws for the Human Relations Diversity Board? Recommendations Staff respectfully requests that the Mayor and City Commission approve the Human Relations Diversity Board's recommendation to amend the language in their resolution and bylaws to reflect the updated membership requirements and to maintain consistency in the wording of Exhibits A and B. Attachments: Amended Resolution Pages 5-6 of HRDB Minutes of November 1,2007, Review/Discuss By-Laws and Proposed Changes Page 3 of HRDB Minutes of January 2, 2008, Review and Approval of By-Laws Page 4 of HRDB Minutes of August 7,2008, Final Review and Approval of Updated Resolution/By-Laws Financial Impact: None. Type of Item: (please mark with an 'X'J Public Hearing Ordinance First Reading Ordinance Second Reading For Clerk's OeD! Use: Consent Agenda _ Public Hearing --1!.- Resolution Commission Approval Discussion & Direction _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A 2 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING RESOLUTION NO. 2004-11 PROVIDING FOR A CHANGE IN ATTACHMENT "A" THE CITY OF OCOEE HUMAN RELATIONSIDIVERSITY BOARD GENERAL PURPOSES AND ATTACHMENT "B" THE BYLAWS, REGARDING MEMBERSHIP REQUIREMENTS AND OFFICER TERM DATES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article II, Section C-8.C of the Charter of the City ofOcoee, 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 2003-21; creating the Human Relations Diversity Board and adopting its By-laws; and Resolution 2004-11; amending the bylaws regarding quorum; and WHEREAS, the City Commission believes it is in the best interest of the city and the board to amend Exhibit "A" Section III (B) and (E) of the General Purposes of the Human Relations/Diversity Board entitled "Membership"; and to amend Exhibit "B" Article 4 of the General Purposes of the Human Relations/Diversity Board entitled "Officers"; and WHEREAS, the City Commission believes it is in the best interest of the city and the board to amend Exhibit "B" By-Laws, Article 3.3. in order to provide consistency with the wording of Exhibit "A". NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The City Commission of the City ofOcoee has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida, Article II, Section C-8.C of the Charter of the City of Ocoee, Florida and Chapter 166, Florida Statutes. SECTION 2. PurDose. The amended purpose, objectives, membership, and 006.308884.2 1 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, amending Section III (B) and (E) entitled "Membership" as attached; SECTION 3. BvLaws. The amended 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, amending Article 4, entitled "Officers", and amending Article 3.3 to be consistent in wording with Exhibit "A", as attached; 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 , 2008. CITY OF OCOEE, FLORIDA Attest S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGLITY THIS DAY OF , 2008 READ FIRST TIME AND ADOPTED , 2008, UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 006.308884.2 2 EXHIBIT A CITY OF OCOEE HUMAN RELATIONSIDIVERSITY 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 ofOcoee. 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. MembershiD: 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 '.vithiB. a roasoflable time no less than seven (7) days 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 50% plus one of the members (a quorum) is present. E. 1..11 members m1:1st reside \vithia the City of Oooee. Only those persons who are legal residents of the City ofOcoee, or who own real property in Ocoee, or who are owners of businesses in Ocoee, shall be eligible for membership. 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. 006.308884.2 4 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. 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. Bvlaws: 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 RELATIONSIDIVERSITY 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: 006.308884.2 A. Foster mutual understanding and respect among all persons emphasizing the positive impact that diversity brings to the City of Ocoee; Facilitate communication between the City Commission and citizen groups, individuals, and businesses; Assist the City Commission in educating the community through projects devoted to the elimination of prejudice, racial tension, intolerance, or discrimination; Provide suggestions and encouraging equality of treatment for, and prevention against discrimination against, any persons or businesses by Ocoee City government; Serve as an informational conduit to the community at large; and Assist the City Commission and staff as requested. B. C. D. E. F. 6 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. Members who may no longer satisfy the requirements as listed above, but wish to remain on the board, may be grandfathered in. No more than two (2) grandfathered-in members are authorized to be on the board at a time. 4. 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. 5. 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 6. 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 006.308884.2 7 any member. A notice of termination shall be promptly sent by the HRDB secretary to any member whose membership is terminated. 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. Offioers shall eooh serve for a term of eRe (1) year or 1:1:l'l:til their sueeessers are eleetea. Offieers shall not be limited ill the BWn:ber 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. Officers shall each serve for a term of one (1) year, and the board will reorganize each year in the May meeting. Officers shall not be limited in the number of terms they serve. 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 6 006.308884.2 8 (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. 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 maj ority of the HRD B 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, 50% plus one of the total of all currently duly qualified members shall constitute a quorum. 006.308884.2 9 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 HRDB meetings and actions in all cases where they are not in conflict with these By- laws. 006.308884.2 10 Human Relations Diversity Board Minutes November 1,2007 Member Alston announced that last year was the first year they had the Hispanic Heritage event and it was not that big, but the things they presented should repeat themselves this year. They wanted to present activities for the children to take part in and thought that was important. She also recommended they have a one day event and do it well before they grow into anything larger. Member Maxwell agreed, but did not want to treat it lightly because it was a very large deal and wants it to be well controlled and aimed to assist the community. ReviewIDiscuss Bv-Laws Member Dabbs declared that he misspoke at the last meeting and, upon studying the by- laws, found that to be an eligible board member you must be either a legal resident of Ocoee, own real property in Ocoee, or own a business in Ocoee. He said that Member Fazio owns property in Ocoee and is a legal member. Members discussed possibly amending the by-laws to include those who work in Ocoee and it was the consensus of the board that such a rule might allow too much of a turnover of members. Vice-Chair Dillard said several members were forced to resign from the board because they have moved out of Ocoee and did not own property or a business in Ocoee. Member Alston felt that non-residents would not have the personal interest to the board as Ocoee residents would, and that would kind of defeat the purpose of the board. Member Maxwell agreed and felt that the purpose of the board was to symbolize how diverse the Ocoee community is today and to show that our community within itself is willing to volunteer. He encouraged members to take a message out to their community and cultivate some interest to join. Vice-Chair Dillard asked how it would work if an Ocoee church pastor or minister wanted to join the board but did not live in Ocoee, would he be considered a business owner. Commissioner Keller thought a church pastor could be considered the owner of the business, as he is the head of the church. Member Fazio said he owns property in Ocoee, but what happens when he sells his property. Staff Liaison Carnicella suggested they make an amendment that members can be grandfathered in. Member Maxwell. seconded bv Member Dabbs. moved to amend the bv-Iaws to include a clause to flrandfather in members if thev were to move out of Ocoee and would otherwise be forced to resiJln. Motion carried unanimous Iv. Commissioner Keller suggested they put a limit on the percentage of non-residents that are permitted on the board at one given time, such as 60%. Member Alston thought it was important for the board to represent Ocoee and there are already too many common misperceptions about this city. She was uncomfortable giving 40% of the board away to those without Ocoee's best interest at heart. Staff Liaison Carnicella recommended picking a number, rather than a percentage, for example two members who were non- residents or owners. 5 Human Relations Diversity Board Minutes November 1,2007 Vice-Chair Dillard was concerned with the contradicting statements between the resolution, charter, and by-laws. Commissioner Keller suggested that Exhibit A is in the charter and the by-laws should not contradict that but mirror it. Member Fazio. seconded bv Member Alston. moved to amend the motion to include a maximum of &0 members at a time who are non-residents. and to make the by-laws and the charter uniform and non-contradictory of each other. Motion carried unanimous Iv. Commissioner Keller said the by-laws and the resolution are ambiguous as to the duties of the Chairman and the Vice-Chairman and asked if they wanted to amend that so that it was more clearly stated. Staff Liaison Carnicella suggested they consider adding language that if the chairman can no longer act, that within an appropriate period of time they elect another Chairman. That would indicate that if the chairman resigns, that the board would elect another chairperson. Member Dabbs agreed that it was conflicting information between the charter and the by-laws (ex: article 4 says officers' term is 1 year or when their successors are elected). He thought it should be the same as when the Commission does this. Staff Liaison Carnicella said they may want to get that detailed because right now the vice-chair is acting as chair, but if she isn't present at the meeting they would be in trouble. Member Fazio moved that they make the by-laws and the charter consistent with each other. Motion failed for lack of a second. Commissioner Keller said that the Officers Section of Exhibit A, Article IV, be consistent with the Duties of Officers Section of Exhibit B, Article 5. He suggested they clearly state what the consistency is. For example, if the Chairman is absent the Vice- Chairman fills in and if the Chairman resigns or dies they would want to elect a new Chairman within a certain time-frame. Commissioner Keller said if the by-laws reflected the charter, then the Vice-Chair would continue the term of the Chairman, if it happened prior to the normal election time of October. They may want to change that to reflect a time frame of when they should be elected. He thought it was better to leave it as it is in the charter. Staff Liaison Carnicella stated that if left it the way it is in the charter, then they would still have to elect a new Vice-Chairman. Member Dabbs asked if the clerk had enough information to work with to amend the resolution and by-laws. Recording Clerk Moseley stated she understood that they wanted the charter and the by- laws to match; however, she was not sure if they wanted to use the wordage of the charter or the wordage of the by-laws as the correct version. Commissioner Keller recommended that the by-laws reflect the charter. Member Maxwell stated the charter establishes precedence. Staff Liaison Carnicella said he and the recording clerk would work on the amendments together to bring back to the next meeting for approval. 6 Human Relations Diversity Board Minutes January 3, 2008 Member Garland stated he would volunteer to help with the traffic. He also stated they would need to pick up silver duct tape for marking the parade participant's stations. A brief discussion ensued regarding the supplies they would need to mark the area for the parade participants. Chairperson Dillard informed board members that there are two sponsors that will be in the parade running for office and candidates are aware as to how their signs should read. Member Garland inquired if animal services was bringing the big truck again this year because he will need to know for the parking accommodations. Chairperson Dillard stated she would have to check with them. Chairperson Dillard announced there was a picture in the West Orange Times of the West Orange Reconciliation Task Force and for those who had not seen it she had a copy available to pass around. The January 12th set-up parade rehearsal is going to be cancelled since most of the participants are familiar with the route and Member Garland will be present to direct participants to their station. She further asked members to please pass out flyers and pass the word out regarding the parade. Review & ADDroval of Bv-Laws Chairperson Dillard inquired if everyone had a chance to look through the amended by- laws. Chairperson Dillard remembered she needed to announce that she still needs a couple of members to walk the parade. She will need 4 walkers, 2 volunteers to walk at the beginning of the parade and 2 volunteers to walk at the end of the parade. She further stated she would walk at the end of the parade and needed someone to walk with her. Vice Chair Fazio volunteered to roll next to her. Member Maxwell volunteered to walk in the beginning and thought Member Dabbs may not have a problem walking with him. Chairperson Dillard stated they would also need candy to throw at the parade watchers and Vice Chair Fazio volunteered to pick up candy for the parade. A brief discussion ensued regarding the candy and possibly getting candy donated from Peter Brooke's Chocolatier. Board Members briefly looked over and discussed the changes presented by staff on the by-laws and charter. Member Fleminfl. seconded bv Member Garland. moved to approve the amendments to the by-laws and charter as presented in the handout provided bv staff. Motion carried unanimous Iv. Review Comments on HisDanic Heritae:e Handout Chairperson Dillard inquired from Member Maxwell if he had received any feedback from the board members other then her comment. He stated he did not. Member Maxwell stated he would like to respond to the e-mail he got from her concerning the Hispanic Heritage outline. He further stated the effort going into Hispanic month seems to be more exploratory based on the lack of any further details. His primary reason for 3 Human Relations Diversity Board Minutes August 7, 2008 Vice-Chair Alston announced that the board would take a month to review the proposal in detail and would discuss it at their next meeting. She invited Maxi & Co. to attend the October meeting for a final review and Marilyn Greaves accepted. I OTHER BUSINESS Final Review of HisDanic Heritae:e Event (Member Maxwell) Member Maxwell said this event was not going to happen because the resources are unavailable this year. Review of UDdated ResolutionIBv-Laws Recording Clerk Moseley announced that the board had already moved to amend the sections of the Resolution and By-Laws. She handed out a copy of the newly revised resolution, with all changes marked in red ink, which would be presented to City Commission. Member Maxwell. seconded bv Member Dabbs. moved to approve the amended resolution and bv-Iaws to go before City Commission. Motion carried unanimouslv. MLK Parade PreDaration ReDort (em ail from Chair Fazio) This item was tabled to the next meeting due the absence of Chair Fazio or his email. Set Items for Next Ae:enda Next Ree:ular Meetine: for SeDtember 4.2008 A. Approval of Minutes B. MLK Parade Preparation Report - Chair Fazio C. Discussion of Ocoee Caribbean Carnival D. Membership Campaign Plan I QUESTIONS/COMMENTS None. I ADJOURN The meeting adjourned at 8:13 p.m. Holly Moseley, Recording Clerk Fay Alston, Chairman 4