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HomeMy WebLinkAbout2010-010 HRDB BylawsRESOLUTION NO. 2010-010 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-8.0 of the Charter of the City of Ocoee, Florida, provides that the City of Ocoee has the power to create boards, commissions and committees to advise and assist the City in carrying out municipal functions; and WHEREAS, the City Commission of the City of Ocoee adopted Resolution 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 Relations/Diversity Board entitled "Membership", and amend Article 3 entitled "Membership" of the By-laws of Human Relations/Diversity 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. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida, Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida and Chapter 166, Florida Statutes. SECTION 2. Purpose. The amended purpose, objectives, membership, and 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 entitled 006.308884.2 "Membership" Paragraph (D) as attached. SECTION 3. ByLaws. 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 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 thio( dly of 2010. Attest 4 Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGLITY THIS DAY OF ' 2010 FOLEY LARDNER LLP By: City Attorney 006.308884.2 2 CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayo READ FIRST TIME AND ADOPTED �fJ , 2010, UNDER AGENDA ITEM NO. Q- EXHIBIT A CITY OF OCOEE HUMAN RELATIONS/DIVERSITY 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 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 who reside in 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. 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. Bylaws: 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 RELATIONS/DIVERSITY BOARD BY-LAWS ARTICLE I (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: 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. 006.308884.2 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 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. 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. 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 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