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HomeMy WebLinkAboutItem #09b Proposed Amendment and Resolution to Enabling Legislation Related to Non-Resident Members of the Human Relations Diversity Board ocoee florida AGENDA ITEM COVER SHEET Meeting Date: August 18, 2015 Item # g b Reviewed By: Contact Name: AI Butler, Su ort Services De artment Director: �!� • Contact Number: 407-905-3100, ext. 1543 City Manager: Subject: Proposed amendment to enabling legislation related to non-resident members of the Human Relations Diversity Board. Background Summary: The Ocoee City Commission took up the question of appointing a non-resident to the city's Human Relations Diversity Board (HRDB) at its August 4, 2015 meeting. The discussion eventually centered on the question of how such decisions may be consistently made. Staff was subsequently directed to work with the HRDB to develop various options that could be implemented in a resolution. This topic was taken up at the August 6, 2015 regular meeting of the HRDB, at which time general approaches were agreed upon, with subsequent e-mail discussion between city staff and the HRDB Chair, Ira Calloway. The HRDB members agreed that non-residents of the city have the potential to provide specific benefits and should continue to be eligible for appointment. The HRDB also agreed that there should be a numeric limit on the number of non-residents appointed. Working with staff, a proposal was developed that provides the clarity requested by the City Commission while being consistent with the wishes of the HRDB by modifying Article III, Section B of the current enabling legislation language (the proposed new language is underlined): All persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses located in Ocoee shall be eligible for membership. Persons who were convicted of a felony or a misdemeanor involving moral turpitude are ineligible. The City Commission reserves the right to waive the foregoing membership qualifications when the City Commission deems it appropriate. In deciding whether to waive the basic membership requirements, the City Commission shall consider whether the applicant can provide: 1. Representation of an ethic or cultural group not present on the Board; 2. Skills or perspectives not presently available from Board members; and/or 3. Strong links to groups with a similar mission or tangible support of Board activities. The maximum number of non-residents on the Board at any time may not exceed three (3) persons, and no non-resident may be appointed to fill the final vacant seat. Anv applicant for appointment to the Board who does not meet the general basis for membership must include a personal statement explaining the reason for seeking appointment. The statement must contain supporting evidence relevant to one or more of the three criteria for consideration in granting a waiver. 1 Issue: The City Commission asked staff to work with the HRDB to provide clarifying language regarding the appointment of non-residents to the Board. Recommendations: Staff recommends that the City Commission adopt the attached Resolution in order to clarify the conditions under which a non-resident may be appointed to the HRDB. Attachment: Proposed resolution amending the terms of membership to the HRDB. Financial Impact: None. Type of Item: (please mark with an "x, Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing X Resolution )( Regular Agenda X Commission Approval Discussion&Direction _X_ Original Document/Contract Attached for Execution by City Clerk Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A 2 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING RESOLUTION NO. 2013-007 RELATING TO THE HUMAN RELATIONS DIVERSITY BOARD BY ALTERING AND CLARIFYING MEMBERSHIP QUALIFICATIONS; PROVIDING FOR SEVERABILITY; AND 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 2003-21 on September 16, 2003 creating the Human Relations Diversity Board and adopting its Bylaws; and WHEREAS, the City Commission subsequently modified Resolution 2003-21 through the action of Resolutions 2004-11, 2010-10, and 2013-7; and WHEREAS, the City Commission believes it is in the best interest of the city and the Board to amend Article III of the General Purposes of the Human Relations Diversity Board entitled "Membership" in order to clarify the conditions by which the basic requirements for appointment and membership may be waived by the City Commission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: 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 membership eligibility requirements of the City of Ocoee Human Relations Diversity Board, as contained in Article III Section B of Exhibit A in Resolution 2013-7, are hereby amended to read: B. All persons who reside in Ocoee, who own real property in Ocoee, or who are owners of businesses located in Ocoee shall be eligible for membership. Persons who were convicted of a felony or a misdemeanor involving moral turpitude are ineligible. The City Commission reserves the right to waive the foregoing membership qualifications when the City Commission deems it appropriate. In deciding whether to waive the basic membership requirements, the City Commission shall consider whether the applicant can provide: 1. Representation of an ethic or cultural group not present on the Board; 2. Skills or perspectives not presently available from Board members; and/or 3. Strong links to groups with a similar mission or tangible support of Board activities. The maximum number of non-residents on the Board at any time may not exceed three (3) persons, and no non-resident may be appointed to fill the final vacant seat. Any applicant for appointment to the Board who does not meet the qeneral basis for membership must include a personal statement explaining the reason for seeking appointment. The statement must contain supporting evidence relevant to one or more of the three criteria for consideration in granting a waiver. SECTION 3. 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 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2015. CITY OF OCOEE, FLORIDA Attest: Beth Eikenberry, City Clerk John Grogan, Mayor (SEAL) READ FIRST TIME AND ADOPTED , 2015, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGLITY THIS DAY OF , 2015 Shuffield Lowman and Wilson By: City Attorney