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HomeMy WebLinkAboutItem #03 Approval of Resolution Amending Resolution 2006-006 center of GOOcf Lf ~ AGENDA ITEM COVER SHEET Contact Name: Contact Number: Beth Eikenberry x. 1022 Meeting Date: May 18, 2010 Item # . '3 Reviewed By: ~ ~n Department Director:- . ^ ~ City Manager: ~ =-~ Subject: Amendment to Resolution 2006-006 "Exhibit B", By-laws of the Citizen Advisory Council for the Ocoee Police Department (CACOPD) Background Summary: In September 1988, the City commission adopted Resolution 88-06 creating the by-laws for the CACOPD. Since that time, several amendments to the by-laws have been adopted with the most recent being 2006-006. The board, as defined in the by-laws, Article 4 currently elects a Chairman and a Vice-Chairman annually. In a meeting held April 22, 2010 the CACOPD unanimously voted to add a Treasurer position to the list of officers, and defined the duties of the position in Article 5. The board currently has eight (8) members. Issue: Should Resolution 2006-006 and the attached Exhibit B, by-laws of the CACOPD, be amended to add a Treasurer to the elected officers on the board. Recommendations On April 22, 2010, the CACOPD made the following motion: Treasurer Wilsen made a motion to accept the chanaes to Article 4 and 5 of the CACOPD Bv-Laws. seconded mv Member Pickett. Motion passed unanimouslv. Staff recommends the Honorable Mayor and Commission amend Exhibit B of Resolution 2006-006, adding the position of Treasurer to the board. Attachments: Board List Resolution Financial Impact: Please type here... Type of Item: (please marl< with an "x'J Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerl<'s DeDf Use: Consent Agenda _ Public Hearing _ 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 CITIZEN AJOVISORY COUNCIL FOR OCOEE POLICE DEPARTMENT Created by Res. #88-CI6 on 2/16/88/Amended by Res.#91-09, 92-07, 96-20, 2003-19 & 2006-006) 3 yr. terms (IS-member board) Member District Phone Number Term Expires 1. David Ball 1906 Jimson Avenue 1 407/877 -8468 (H) davidba1l34761@vahoo.com January 1,2012 2. Thomas A. Hendrix Sr. 608 Jay Street (Mailing: P.O. Box 74) 2 407/654-5837 (H) 407/758-4056 (Cell) hendrix 12036@gmail.com January 1, 2012 3. Lloyd Hollingsworth 100 W. Washington Street January 1,2011 canesfantoo@earthlink.net 4. Victoria Laney 830 Hammocks Drive 2 407/294-1651 (H) vi ctoria.l aney@gmail.com January 1,2013 5. Robert M. McKey 1110 Wineberry Court 2 407/292-2586 (H) 407/292-2586 (W) ro bmckey@netzero.net January 1,2012 6. Robert Minarcin 618 Aldama Ct. 3 321-287-2253 (H) RMinarcin@cfl.rr.com January 1, 201.3 7. Wilda Schoeppler Pickett 1245 Hawthorne Cove Dr. 2 407/905-5472 (H) 407/532-8739 (W) astri docean@ao1.com January 1, 2012 8. Fred Wilsen 1019 Shady Maple Circle 2 407/298-1574 fwilsen@gmai1.com January 1,2011 9. Vacant 10. Vacant 11. Vacant 12. Vacant 13. Vacant 14. Vacant 15. Vacant Ex-Officio Member Rusty Johnson, Commissioner 3 407 -656-2034 Charlie Brown, Police Chief 407/905-3100 x 3021 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEPARTMENT; AMENDING EXHIBIT "B" OF RESOLUTION 2006-006; ADOPTING BYLA WS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 16, 1988, the City Commission of the City of Ocoee, Florida (the "City Commission") adopted Resolution 88-06 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 Police Department (the "Police Department Citizen Advisory Council"); and WHEREAS, on May 7, 1991, the City Commission adopted Resolution 91-09 amending EXHIBIT "A" to Resolution 88-06; and WHEREAS, on May 5, 1992, the City Commission adopted Resolution 92-07 amending EXHIBIT "A" to Resolution 91-09; and WHEREAS, on July 16, 1996, the City Commission adopted Resolution 96-20 amending EXHIBIT "A" to Resolution 92-07; and WHEREAS, on September 16, 2003, the City Commission adopted Resolution 2003-19 amending EXHIBIT "A" to Resolution 96-20; and WHEREAS, on April 18, 2006, the City Commission adopted Resolution 2006-006 amending EXHIBIT "A" to Resolution 2003-19; and WHEREAS, the City Commission desires to further amend EXHIBIT "B" of Resolution 2006-006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: RESOLUTION NO 2006-006 SECTION ONE. Authoritv. 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 adopts a new EXHIBIT "B" of Resolution 2006-006, attached hereto and by this reference made a part hereof, and except as set forth herein, Resolution 2006-006 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 _ day of ,2010. Attest APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, CMC, City Clerk S. Scott Vandergrift, Mayor (SEAL) READ FIRST TIME AND ADOPTED ,2010, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS DA Y OF ,2010 FOLEY & LARDNER By: City Attorney EXHIBIT "A" CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEPARTMENT I. PURPOSE: The general purpose of the Citizen Advisory Council for the Ocoee Police Department ("CACOPD") 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 Police Department. II. OBJECTIVES: A. To improve communication between the citizens of the City of Ocoee and the Ocoee Police Department. B. To advise the City Commission on issues relating to the Ocoee Police Department and law enforcement. C. To increase involvement by the citizens and the police in community programs. D. To increase police educational activities in, and availability to, the elementary and secondary schools. E. To foster understanding and cooperation between the citizens and the police. F. To acquaint citizens with their responsibilities for the maintenance of law and order. G. To acquaint citizens with the operation of the Ocoee Police Department and its varied activities. H. To promote increased cooperation between the police and various organizations in the community. I. To assist in crime prevention through the distribution of material on crime deterrence. J. To generate community interest and involvement in crime prevention, citizen disputes and other areas of community relations. III. MEMBERSHIP: A. The CACOPD shall consist of no more than fifteen (15) members. Members shall be appointed for a term of three (3) years and may be reappointed, irrespective of the number of terms previously served. The initial members of the CACOPD shall be appointed by the City Commission of the City of Ocoee, Florida. Thereafter, new members shall be appointed to the CACOPD by the City Commission of the City of Ocoee, Florida, upon request of the CACOPD and/or the Chief of Police Chief or in the event that membership falls below the minimum number required. New members may be recommended to the City Commissioners by the Chief of Police, members of the CACOPD, the Mayor and/or one or more of the City Commissioners of the City of Ocoee, Florida. B. Notice of each meeting shall be provided to all members of CACOPD within a reasonable time prior to the meeting. Notice of the place, day and hour of the meeting shall be provided to the public in advance of the meeting. Except as otherwise provided under Chapter 286 of the Florida Statutes, all meetings shall be open to the public. C. A member may be removed for cause from the CACOPD by the affirmative vote of a majority of the members present at a meeting at which a quorum is present, or as otherwise provided in the By-laws of the CACOPD. D. The quorum for meetings of the CACOPD shall be as set forth in the By-Laws of the CACOPD. IV. OFFICERS: The officers of the CACOPD shall be as determined by the CACOPD in its By-laws. V. GENERAL DUTIES OF THE MEMBERS: A. To meet and confer as a committee with police department personnel on problems of law enforcement in the City of Ocoee. B. To supply information to the Chief of Police which may be helpful to the effective operation of the Ocoee Police Department. C. To refer to the Chief of Police or his designated representative, all questions requiring clarification of policy and to provide the police department with citizen reaction to police department procedures, policies and performance. D. To prepare a monthly progress report (together with the police department) to keep the citizens informed of the activities and progress by the police department. E. To prepare a semi-annual report (together with the police department) of progress showing the positive and negative impact of community relations programs. A monthly media statement may be made from this report. F. To provide periodic reports, as directed by the City Commission, supplying information and advising the City Commission on issues relating to police department procedures, policy and performance. VI. LIMIT A TIONS AND PRIVILEGES:_ A. The CACOPD is not empowered to establish policy or investigate charges or operational problems of the Ocoee Police Department. However, these areas can be topics of discussion between the CACOPD, the City Commission and the police department. B. Responsibility for initiating discussion with citizens, the City Commission and/or the Ocoee Police Department shall rest primarily with the CACOPD. However, this does not preclude the City Commission and/or police department administration from initiating discussion with citizens and/or the CACOPD. C. The CACOPD should not be used as a vehicle to try to influence the City Commission in budget or personnel matters relating to the Police Department. D. Privileges of the CACOPD shall include the right to observe any and all of the police department's operations, individually or as a group, providing that the member makes his or her request through the Chief of Police, who shall grant or deny such request in his discretion. E. Coordination with the CACOPD shall be the responsibility of the Police Chief or any other departmental member designated by him. The Chief of Police shall maintain complete and current files on the composition of the CACOPD, its meetings and its activities F. Members are welcome to ride along as observers in police department vehicles. It is suggested that, due to other department activities, arrangements to ride in patrol units should be made in advance by contacting the chief, captain or lieutenant of the police department. G. When riding as an observer, members are cautioned they must not place their personal safety in jeopardy; and, when the situation requires it, they must follow the direction of the police officer in charge of the patrol unit. H. Members will be required to sign a liability release prior to riding in police vehicles. VII. BY-LAWS: A. The By-laws of the CACOPD shall be as set forth in Exhibit "B" attached hereto and incorporated herein by reference. B. Unless otherwise provided in its By-laws, CACOPD shall follow Robert's Rules of Order (latest edition). EXHIBIT "B" CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEPARTMENT BY-LAWS ARTICLE 1 (Name of Organization) The official name of this organization shall be the Citizen Advisory Council for the Ocoee Police Department ("CACOPD"). ARTICLE 2 (Purpose and Objectives) 1. Purpose. The general purpose of the CACOPD 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 Police Department. 2. Objectives. The objectives of the CACOPD are: a. to improve communication between the citizens of the City of Ocoee and the Ocoee Police Department by the use of various media outlets; b. to advise the City Commission on issues relating to the Ocoee Police Department and law enforcement; c. to increase involvement by the citizens and the police in community programs; d. to assist with the interaction between the law enforcement and the community's youth through the DARE and GREAT programs; e. to foster understanding and cooperation between the citizens and the police; f. to acquaint citizens with the operation of the Ocoee Police Department and its varied activities; g. to promote increased cooperation between the police and various organizations in the community; and h. to generate community interest and involvement III cnme prevention, citizen disputes and other areas of community relations. ARTICLE 3 (Membership) 1. Number of Members. The CACOPD shall consist of 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 members of the Ocoee Police Department or who are owners of businesses located in Ocoee, shall be eligible for membership. Those persons who were convicted of a felony or a misdemeanor involving moral interpretude are ineligible. 3. Manner of Selection of Members. Those persons having been appointed by the City Commission to serve on the CACOPD and who at the time of the adoption of these By-laws are serving on the CACOPD shall be members of the CACOPD until such time as their appointed term shall expire. Thereafter, members shall be appointed to the CACOPD by majority vote of the City Commission of the City of Ocoee, Florida. Nominations to the CACOPD may be forwarded to the City Commission by the CACOPD, by the Chief of Police, by the Mayor, and by any City Commissioner. 4. Term of Appointment. Members shall be appointed for a term of three (3) years and may be re-appointed, irrespective of the number of terms previously served. 5. Termination of Membership. A member may have his or her membership revoked for cause by the affirmative vote of a simple majority of the members present at any duly called meeting of the CACOPD at which a quorum is present. Cause shall include, but not necessarily be limited to, a member's failure to attend three consecutive meetings to properly discharge his or her responsibility and duties as a member of the CACOPD. A member shall automatically have his or her membership revoked should such member cease to be qualified for membership pursuant to these By-laws. A notice of termination shall be promptly sent by the CACOPD secretary to any member who's membership is terminated. 6. Responsibilities of Membership. The membership of the CACOPD shall have the following general responsibilities: a. to become acquainted with the operations of the Police Department; b. to attend the Ocoee Police Department Citizen Police Academy within the first full year; c. to supply information to the Chief of Police which may be helpful to the effective operation of the Ocoee Police Department; d. to refer to the Chief of Police or his designated representative all questions requiring clarification of policy and to provide the police department with citizen reaction to police procedures, policies and performance; e. to provide periodic reports, as directed by the City Commission, supplying information and advising the City Commission on issues relating to police department procedures, policy and performance. f. Members are encouraged to ride along as observers in police department vehicles. Arrangements to ride in patrol units must be made in advance with the Watch Commander. 7. Privileges and Limitations of Membership. The membership of the CACOPD shall be subject to the following privileges and limitations: a. The CACOPD is not empowered to establish policy or investigate charges or operational problems of the Ocoee Police Department. However, these areas may be topics of discussion between the CACOPD and the police department. b. Responsibility for initiating discussion with citizens and/or the police department shall rest primarily with the CACOPD. However, this does not preclude the police administration from initiating discussion with citizens and/or the CACOPD. c. The CACOPD shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to the police department. d. Privileges of the CACOPD shall include the right to observe any and all of the police department's operations, individually or as a group, provided that the member has made his or her request to the Chief of Police. The Chief of Police may grant or deny such request in his or her sole discretion. e. Coordination with the CACOPD shall be the responsibility of the Chief of Police or any other departmental member designated by the Chief. The Chief shall maintain complete and current files on the composition of the CACOPD, its meetings and its activities. f. When riding as an observer, members shall not place their personal safety in jeopardy. Members shall at all times follow the directions of the police officer(s) with whom they are riding. g. Members shall sign a liability release prior to riding in police vehicles. ARTICLE 4 (Officers) The officers of the CACOPD shall be a Chairman, atl€l--a Vice-Chairman. and a Treasurer. The Chairman.. and the Vice-Chairman and Treasurer shall be elected by a majority vote at the first meeting of the year from the CACOPD membership and they shall assume office at the close of the meeting at which they are elected. A secretary 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 CACOPD may be filled by the CACOPD 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 Chairman. The Chairman shall preside at all meetings of the CACOPD 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. 3. Duties of the Treasurer. The Treasurer shall provide the board with quarterly and annual reports indicating expenditures and balances, and keeping a ledger of expenditures, as well as proiected amounts designated to programs as determined by the board at meetings. ARTICLE 6 (Subcommittees) The CACOPD 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 CACOPD. Members of subcommittees need not hold membership in the CACOPD, however, any person serving as a Su~committee Chairperson must be a CACOPD 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. Notice of the date, place and time of all CACOPD 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. 2. Special Meetings. Special meetings may be called by the Chairman or the Vice Chairman or by a majority of the CACOPD 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, one-third (1/3) of the total of all currently duly qualified members shall constitute a quorum. 2. V oting. 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 CACOPD meetings and actions in all cases where they are not in conflict with these By-laws.