HomeMy WebLinkAboutItem #10a.b.c HRDB Issues
center of GOOcf L .
~
AGENDA ITEM COVER SHEET
Meeting Date: July 20, 2010
Item # -iO(l..
Contact Name:
Contact Number:
Beth Eikenberry
x1022
Reviewed By:
Department Director:
City Manager:
Subject: Resolution No. 2010-010, amending Resolution No. 2004-11 and adopting changes
to the Human Relations Diversity Board General Purposes and By-laws.
Background Summary:
At the July 6, 2010, City Commission Meeting, HRDB Board Chair Maxwell expressed a serious
interest in having two non-residents of Ocoee be considered for membership on the HRDB Board.
Consensus of the Commission was that the resolution and bylaws be amended on the next regular
meeting agenda, allowing the Commission to waive the residency requirement, prior to making
appointments.
Issue:
Should the By-laws of the Human Relations Diversity Board be changed to allow the Commission to
waive the residency requirement, prior to making appointments?
Recommendations
Staff recommends that the Commission adopt the Resolution No. 2010-010, approving
amendments to Resolution No. 2004-11.
Attachments:
Resolution No. 2010-010
Resolution No. 2004-11, with amended Exhibits A & B
Financial Impact:
None
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
181 Resolution
o Commission Approval
o Discussion & Direction
For Clerk's Dept Use:
181 Consent Agenda
o Public Hearing
o Regular Agenda
~ Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
o N/A
o N/A
RESOLUTION NO. 2010-10
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
AMENDING RESOLUTION NO. 2004-11 RELATING TO
THE HUMAN RELATIONS/DIVERSITY BOARD BY
PROVIDING FOR A CHANGE IN ATTACHMENT "A"
AND ATTACHMENT "B" TO RESOULTION 2004-11 TO
ALLOW THE COMMISSION TO WAIVE CERTAIN
MEMBERSHIP QUALIFICATIONS WHEN THE
COMMISSION DEEMS IT APPROPRIATE; 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
2004-11 creating the Human Relations Diversity Board and adopting its By-laws; and
WHEREAS, the City Commission believes it is in the best interest of the city
and the board to amend Section III (E) of the General Purposes of the Human
RelationslDiversity Board entitled "Membership", and amend Article 3 entitled "Membership"
of the By-laws of Human RelationslDiversity Board, regarding the authority of the Commission
to waive certain membership qualifications when the Commission deems it appropriate.
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 to 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. Purpose. The amended purpose, objectives, membership, and
officers of the City of Ocoee Human RelationslDiversity Board shall be as set forth on Exhibit
"A" attached hereto and incorporated herein by reference, amending Section III entitled
006,308884,2
1
"Membership" Paragraph (D) as attached.
SECTION 3. BvLaws. The amended Bylaws for the City of Ocoee Human
RelationslDiversity Board shall be as set forth on Exhibit "B" attached hereto and incorporated
herein by reference, amending Article 3, entitled "Membership" 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
, 2010.
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 , 2010
READ FIRST TIME AND ADOPTED
,2010, UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
006,308884.2
2
EXHIBIT A
CITY OF OCOEE HUMAN RELA TIONSIDIVERSITY 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 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. Obiectives:
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. Membership:
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
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.
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. All persons members must who reside in Ocoee '.vithin the City of Oeoee,
or who own real property in Ocoee, or who are owners of businesses located in Ocoee, shall be
eligible for membership. The commission reserves the right to waive the foregoing membership
qualifications when the commission deems it appropriate.
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. The commission reserves the right to waive the foregoing
membership qualifications when the commission deems it appropriate.
3. 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.
4. 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
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 HRDB have the authority to remove
any member. A notice of termination shall be promptly sent by the HRDB secretary to any
member whose membership is terminated.
006,308884,2
7
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. 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, Vacancies which occur among the officers ofthe 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.
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
(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.
006.308884.2
8
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 majority of the HRDB 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.
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
006.308884,2
9
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
AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
Stella McLeod
Ext. 1 024
Meeting Date: July 20, 2010
Item # I..o.b.
Reviewed By:
Department Director:
City Manager:
Subject: Appointment to the Human Relations and Diversity Board.
Background Summary:
On September 16, 2003, Resolution No, 2003-21, was adopted creating the Human Relations and Diversity Board, requiring
no less than seven (7) members and no more than fifteen (15). The Resolution was then amended by Resolution 2004-11,
which changed the quorum requirement to 50% plus 1.
Pastor Gabriel Padilla, founding pastor of the multi-lingual, multi-cultural Elevation Christian in Ocoee, has expressed an
interest in serving on the Human Relations Diversity Board. Pastor Padilla is not a citizen of Ocoee, He attended the last
board meeting and introduced himself to the board. In addition to the board's appreciation for the pastor's ties to the Hispanic
community, the board feels that the pastor has a great stake in Ocoee's growth and welfare. The board would like to have
Pastor Padilla as a member.
There are currently two vacancies on the board,
Issue:
Should the Honorable Mayor and City Commissioners waive the residency requirement and appoint Pastor Padilla
to the Human Relations and Diversity Board?
Recommendations
Staff recommends that the Honorable Mayor and City Commissioners waive the residency requirement and
appoint Pastor Gabriel Padilla to serve on the Human Relations and Diversity Board.
Attachments:
Board application
Financial List:
N/A
Type of Item: (please mark with an "x')
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deat 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 ( )
N/A
N/A
N/A
CITY OF OCOEE
APPLICATION FOR SERVING ON CITY BOARDS
(please Print Legibly)
1. Name: Gc;.'oY'\ -e.. \ f""d" I ! C...... E-mail Address: t)evo\+IONC c ~\IC"hv.( Q f"'1
2. Home Address: ~i.{ I~ 3"-< I'In ;f-( r J-( '" (11)...... Home Phone: ~ I -"1 ~g - 0 I I! 1-
3. ~~~in~~:~e, ~;~:~~~.1(~J(I: ,~~~;l ~ h~:~:h Business Phone: .?i <; L{
4, Business Address: '-{ 85' -N. S'd,},- (" <)tc.-r f.- d
5. Brief Summary of Education and Experience:
6.
Are you a U.S. citizen? Yes ~ No
Are you a registered voter? Yes L- No
Resident of the City for 6 months or longer?
Do you hold public office?
Are you employed by the City?
Do you now serve on a City Board or Committee?
PLEASE CHECK THE BOARDS WInCH INTEREST YOU:
Yes
Yes
Yes
Yes
District #
No
No~
No-1L.-
No-U-
7.
8.
9.
10.
11.
I d'
d
f'
fi h' #1
d h' #?
n Icate your el!l'ee D mterest as Irst c Dlce- , secon c olce- _, etc.
* Code Enforcement Board * Planning & Zoning Commission
Board of Adjustment 1. Human Relations/Diversity Board
Community Grant Review Parks and Recreation Advisory
Board Board
Citizen Advisory Council * General Employees' Retirement
Of Fire Department (CACOFD) Trust Fund Board of Trustees
Citizen Advisory Council * Police Officers' and Firefighters'
Of Police Department (CACOPD) Retirement Trust Fund Board of
Trustees
*
FINANCIAL DISCLOSURE FORMS ARE REQUIRED FOLLOWING APPOINTMENT
12.
13.
Note:
0:BOARDLISTSlBdAppIMarch2009.doc
AGENDA ITEM COVER SHEET
Meeting Date: July 20, 2010
Item # ---1 D C.
Contact Name:
Contact Number:
Stella McLeod
Ext. 1024
Reviewed By:
Department Director:
City Manager:
Subject: Appointment to the Human Relations and Diversity Board.
Background Summary:
On September 16,2003, Resolution No, 2003-21, was adopted creating the Human Relations and Diversity Board, requiring
no less than seven (7) members and no more than fifteen (15). The Resolution was then amended by Resolution 2004-11,
which changed the quorum requirement to 50% plus 1.
Ms. Maria Irizarry, a citizen of Winter Garden, has expressed a serious interest in becoming a member of Ocoee's Human
Relations-Diversity Board, She has already volunteered to work with the board's subcommittee for the Hispanic Heritage
event. Additionally, she would like to use her talents and skills to help the community by promoting diversity and
understanding. At the last board meeting, Chairman Wm, Maxwell expressed his desire to have Ms, Irizarry as a member of
the board,
There are currently two vacancies on the board.
Issue:
Should the Honorable Mayor and City Commissioners waive the residency requirement and appoint Ms, Irizarry to
the Human Relations and Diversity Board?
Recommendations
Staff recommends that the Honorable Mayor and City Commissioners waive the residency requirement and
appoint Ms. Irizarry to serve on the Human Relations and Diversity Board.
Attachments:
Board application
Financial List:
N/A
Type of Item: (please marl< with an "x'J
_ Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerl<'s Deot Use:
_ Consent Agenda
Public Hearing
x 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 ( )
N/A
N/A
N/A
CITY OF OCOEE
APPLICATION FOR SERVING ON CITY BOARDS
(please Print Legibly)
1.
2.
E-mail Address:
Rome Phone:
~ lr7~r
3.
4.
5.
6.
Are you a U.S. citizen? Yes ,V' No
Are you a registered voter? Yes ~ No
Resident of the City for 6 months or longer?
Do you hold public office?
Are you employed by the City?
Do you now serve on a City Board or Committee?
PLEASE CHECK THE BOARDS WIDCR INTEREST YOU:
;.1 ~ -:':) ~
,.....; l
District # ~
No V-
NO---1L-
No--J.L,
No~
Yes
Yes
Yes
Yes
7.
8.
9.
10.
11.
"'".: .iHI .-,,-,
~ .;: .'. It", ~ -;
d'
d
f'
fi h' #
d h' #
In lcate vour egree 0 mterest as Irst cOlee - 1, secon cOlee - 2, etc.
* Code Enforcement Board * Planning & Zoning Commission
Board of Adjustment 1 Human RelationsfDiversity
Board
Community Grant Review Parks and Recreation Advisory
Board Board
Citizen Advisory Council * General Employees' Retirement
Of Fire Department (CACOFD) Trust Fund Board of Trustees
Citizen Advisory Council * Police Officers' and Firefighters'
Of Police Department (CACOPD) Retirement Trust Fund Board of
Trustees
*
FINANCIAL DISCLOSURE FORMS ARE REQUIRED FOLLOWING APPOINTMENT
12.
13, Please attach resume and/or other information to assist Commission in making appointments.
SIGNATURE)' a.L~ \)0 r' DATE: 5f,jj /D
"
Note:
(J) Application effective for ONE YE om dat f completion. It can be faxed to (407)905-3168.
(2) lfyou have any questions, please call the City Clerk's office at (407) 905-3105.
O:BOARDLISTSfBdApplMarch2009.doc