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HomeMy WebLinkAboutItem #02 Approval to Adopt a Resloution Amending Res. 2003-20, Relating to the CACOFD AGENDA ITEM COVER SHEET Contact Name: Contact Number: Fire Chief Pete McNeil 407 -905-3140 Meeting Date: August 3, 2010 Item # 6( Re0ewedBy ~ Department Director: Pete McNeil f'II \ City Manager: Robert Frank~ ;r --- Subject: Adopt resolution to Amend Resolution 2003-20, relating to the Citizen Advisory Council for the Ocoee Fire Department ("CACOFD"), to change CACOFD's number of members and quorum requirements. Background Summary: 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. The current resolution states that the CACOFD shall consist of no less than fifteen (15) and no more than twenty-five (25) members. It also dictates that the members of the CACOFD may not vote upon a matter at a meeting unless one-third (1/3) of the members (a quorum) is present. Issue: Since its inception in 2003, the CACOFD has had difficulty meeting the number of member requirements set forth by Resolution 2003-20. Therefore, on May 13, 2010, it was requested by the CACOFD's current members that the resolution and CACOFD bylaws be amended to reflect that the CACOFD be made up of no less than seven (7) members and no more than fifteen (15). They also requested that the quorum requirement be changed to 50% of the current membership. Recommendations: Staff recommends that the City Commission adopt the attached resolution amending Resolution 2003- 20. Attachments: Resolution 2010- _ amending Resolution 2003-20 (with Exhibits A and B) Financial Impact: The adoption of this resolution will have no financial impact on the budget. Type of Item: (please mark with an "x'J Public Hearing _ Ordinance First Reading _ Ordinance Second Reading X Resolution Commission Approval Discussion & Direction For Clerk's Oeot Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda ~ Original DocumenUContract Attached for Execution by City Clerk _ Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by N/A N/A N/A 2 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT; AMENDING EXHIBIT "A" OF RESOLUTION 2003-20; ADOPTING BYLAWS (EXHIBIT "B"); 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, 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 May 13, 2010, the Citizen Advisory Council for the Ocoee Fire Department ("CACOFD") members requested that the Commission consider an amendment in the By-laws reducing membership size of the CACOFD to no less than seven (7) members and no more than fifteen (15) members; and WHEREAS, on May 13, 2010, the Citizen Advisory Council for the Ocoee Fire Department ("CACOFD") members also requested that the Commission consider an amendment in the By-laws requiring a quorum consist of 50% of the current members; and WHEREAS, the City Commission desires to amend EXHIBIT" A" and EXHIBIT "B" of Resolution 2003-20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: RESOLUTION NO 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 and Exhibit B. The City Commission of the City of Ocoee, Florida, hereby adopts a new EXHIBIT" A" and EXHIBIT "B" of Resolution 2003- 20, attached hereto and by this reference made a part hereof, and except as set forth herein, Resolution 2003-20 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 DAY OF ,2010 FOLEY & LARDNER By: City Attorney RESOLUTION NO EXHIBIT A CITIZEN ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT I. PURPOSE: The general purpose of the Citizen Advisory Council for the Ocoee Fire Department ("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. II. OBJECTIVES: A. To improve communication between the citizens of the City of Ocoee, the City Commission and the Ocoee Fire Department. 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. G. To acquaint citizens with the operation of the Ocoee Fire Department and its varied activities. RESOLUTION NO H. To promote increased cooperation between the fire department and various organizations in the community. To assist with the interaction between the firefighters and the community's I. youth. 1. safety. K. To assist in fire safety through the distribution of materials about fire To generate community interest and involvement in fire safety and other areas of community relations. III. MEMBERSHIP: A. The CACOFD shall consist of no less than seven (7) fifteen (15) and no more than fifteen (15) twenty five (25) 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 CACOFD shall be appointed by the City Commission of the City of Ocoee, Florida. Thereafter, new members shall be appointed to the CACOFD by the City Commission of the City of Ocoee, Florida, upon the request of the CACOFD and/or the Fire Chief or in the event that membership falls below the minimum number required. New members may be recommended to the City Commissioners by the Fire Chief, members of the CACOFD, the Mayor and/or anyone or more of the City Commissioners of the City ofOcoee, Florida. B. Members of the CACOFD shall meet once every two months 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 CACOFD 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 RESOLUTION NO meeting. Except as otherwise provided under Chapter 286 of the Florida Statutes, all meetings shall be open to the public. C. The members of the CACOFD may not vote upon a matter at a meeting unless 50% u one third (1/3) of the members (a quorum) are present. D. A member may be removed for cause from the CACOFD by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. IV. OFFICERS: A. The officers of the CACOFD 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. The Chairman shall in general supervise and control the affairs of the CACOFD 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. B. 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. C. 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 (D) hereinabove. V. GENERAL DUTIES OF THE MEMBERS: RESOLUTION NO A. To meet and confer as a committee with fire department personnel on problems of fire safety in the City of Ocoee. 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 prepare a monthly progress report (together with the fire department) to keep the citizens informed of the activities and progress by the fire department. A monthly media statement may be made from this report. E. To prepare a semi-annual report (together with the fire department) of progress showing the positive and negative impact of community relations programs. F. To provide periodic reports, as directed by the City Commission, to the City Commission supplying information and advising the City Commission on issues relating to fire department procedures, policy and performance. VI. LIMITATIONS AND PRIVILEGES: A. The CACOFD is not empowered to establish policy or investigate charges or operational problems of the Ocoee Fire Department. However, these areas can be 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 Ocoee 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. RESOLUTION NO 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 the right to observe any and all of the fire department's operations, individually or as a group, providing that the member makes his or her request through the Fire Chief, who shall grant or deny such request in his discretion. E. Coordination with the CACOFD shall be the responsibility of the Fire Chief or any other departmental member designated by him. The Chief shall maintain complete and current files on the composition of the CACOFD, its meetings and its activities. BYLAWS: A. The Bylaws for the CACOFD shall be as set forth on Exhibit "B" attached hereto and incorporated herein by reference. B. Unless otherwise provided in its By-laws, the CACOFD shall follow Robert's Rules of Order (latest edition). RESOLUTION NO EXHIBIT B CITIZENS ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT BY-LAWS 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; RESOLUTION NO 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; 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; 1. 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 seven (7) fifteen (15) and no more than fifteen (15) t'Ncnty five (25) 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. 3. Manner of Selection of Members. Those persons having been appointed by the City Commission to serve on the CACOFD and who at the time of the adoption of these By-laws are serving on the CACOFD shall be members of the CACOFD until such time as their appointed term shall expire. Thereafter, members shall be appointed to the CACOFD by majority vote of the City Commission of the City of Ocoee, Florida. Nominations to the CACOFD may be RESOLUTION NO forwarded to the City Commission by the CACOFD, by the Fire Chief, 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 CACOFD at which a quorum is present. Cause shall include, but not necessarily be limited to, a member's failure to attend three consecutive meetings or failure to properly discharge his or her responsibility and duties as a member of the CACOFD. 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 CACOFD secretary to any member who's membership is terminated. 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 issues relating to fire department procedures, policy and performance. RESOLUTION NO 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. 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 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 officers of the CACOFD shall be a Chairman and a Vice-Chairman. The Chairman and the Vice-Chairman shall be elected by a majority vote at the first meeting of the year from RESOLUTION NO the CACOFD 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 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. ARTICLE 5 (Duties of Officers) 1. Duties of the Chairman. The Chairman shall preside at all meetings of the CACOFD 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 CACOFD 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 CACOFD. Members of subcommittees need not hold membership in the CACOFD, however, any person serving as a Subcommittee Chairperson must be a CACOFD member. RESOLUTION NO 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 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. 2. Special Meetings. Special meetings may be called by the Chairman or the Vice Chairman or by a majority of the CACOFD 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% 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. RESOLUTION NO 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 By-laws. RESOLUTION NO