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HomeMy WebLinkAboutItem VI (G) - Resolution No 91-09 Prohibiting Members of Citizens Advisory Council from Ridging as Observers in Police Department Vehicles �_� AGENDA 5-07-91 Item VI G � \ Ocoee �. Ocoee ment 17 0 ~' E Os."� 1 H. JohnH Boyd ' ��'-- ' - ^ ~ ^ (407)656'1313 Chief of Policsoco ~.' "Service With Honor And Pride" TO: The Honorable Mayor and Board of City Commissioners FROM: John H. Boyd, Chief of Police DATE: April 25, 1991 SUBJECT: AMENDMENT OF EXHIBIT A, SEC. VI. , E, F, & G OF THE CITIZEN ADVISORY COUNCIL RESOLUTION STAFF REPORT ISSUE Should the Honorable Mayor and Board of City Commissioners aporove amending Exhibit A, Section VI. , E, F, & G of the Citizen Advisory Council Resolution. BACKGROUND The current Resolution, Exhibit A, allows Citizen Advisory Members to ride in oolice department vehicles with on duty patrol officers for observation purposes only. DISCUSSION The City' s insurance does not provide any type of coverage for any citizen to ride in police department vehicles at any time. By amending the Resolution to omit the sections that oermit Citizen Advisory Council Members to ride could save the city from any type of liability and/or lawsuits. RECOMMENDATION It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve the amendment of Exhibit A, Sect ion VI. , E, F, & G of the Citizen Advisory Council Resolution. RESOLUTION NO. 91- 09 AN RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO CITIZEN ADVISORY COUNCIL; AMENDING EXHIBIT A OF RESOLUTION 88-06; PROHIBITING MEMBERS OF THE CITIZENS ADVISORY COUNCIL FROM RIDING ALONG AS OBSERVERS IN POLICE DEPARTMENT VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee adopted, on February 16, 1988, Resolution 88-06 creating a cit- izen 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; and WHEREAS, Exhibit A to Resolution 88-06, among other things, provides for members of the Citizen Advisory Committee to ride along as observers in Police Department vehicles; and WHEREAS, due to the dangerous nature of such activity and the risk of harm to the health, safety and welfare of the members of the Citizens Advisory Committee and the Ocoee Police Department, and the inability of the City of Ocoee to purchase • insurance to cover such risks, the City Commission of the City of Ocoee desires to prohibit the aforementioned activity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, THAT: SECTION 1. 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 and Chapter 166, Florida Statutes. SECTION 2. The City Commission of the City of Ocoee hereby adopts a new Exhibit "A" of Resolution 88-06, attached hereto and by this reference made a part hereof, and except as set forth herein, Resolution 88-06 shall remain in full force and effect. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk Lester Dabbs, Jr. , Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1991. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING By: HELD ON , 1991 City Attorney UNDER AGENDA ITEM NO. public/mh4758C(1) • (04/23/91) - 2 - EXHIBIT A CITIZEN ADVISORY COUNCIL I. PURPOSE: The general purpose of the Citizen Advisory Council shall be to promote and maintain comrnu•rrication, cooperation and a positive relationship between the citizens 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 increase involvement by the citizens and the police in community programs. C. To increase police educational activities in, and availability to, the elementary and secondary schools. D. To foster understanding and cooperation between the citizens and the police. E. To acquaint citizens with their • responsibilities for the maintenance of law and order. F. To acquaint citizens with the operation of the Ocoee Police Department and its varied activities. G. To promote increased ccooper•ation between the police and various organizations in the community. • H. To assist in crime prevention through the distribution of material on crime deterrence. I. To generate community interest and involve- merit in crime prevention, citizen disputes and other• areas of community relations. MEMBERSHIP: , A. The Citizen Advisory Council shall consist of no less than fifteen (15) and no more than twenty-five ( 5) •• • members. Members shall be appointed fcor• a term of three (3) years and may be reappointed, irrespective of the number of terms previously served. The initial members of the Citizen Advisory • Council shall be appointed by the City Commission of the City of • 'Ocoee, Florida. Thereafter, new members shall be appointed to the Citizen Advisc.r•y Council by •the City Commission of the City of Qcoee, Florida, upon request of the Citizen Advisory Council and/or the Chief of Police. New members may be recommended to the City Commissioners by the Chief of Police, members of the Citizen Advisory Council, the Mayor and/or any one or• more of the City Commissioners of the City of Ocoee, Florida. B. Members of the Citizen Advisory Council 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 Citizen Adviso'r•y Council 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. The members of the Citizen Advisory Council may not vote upon a matter at a meeting unless a majority of the members (a quorum) is present. D. A member may be removed for cause from the Citizen Advisory Council by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. IV. QFFICERS: A. The officers of the Citizen Adviso'r•y Council shall be a Chairman, a Vice-Chairman, a Secretary 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. The Chairman shall in neneral supervise and control the affairs of the Citizen Advisory Council and perform • all other duties incident to the office of Chairman. In the absence of the Chairman or• in the event of his death c.r inability to act, the Vice-Chairman shall perform the duties of the Chairman, and when so acting, shall have all the powers of the Chair•tnan. The Sec•r•etary shall in general perform all duties incident to the office of Secretary including, but riot limited to, acting as the media liaison person fo•r• the Citizen Advisory Council and providing a copy thereof to the City Commission. All minutes shall be filed with the City Clerk of the City of Ocoee. B. The initial officers of the Citizen Advisory Council shall be appointed by the City Commission of the City of r . Ocoee, Florida. Thereafter•, new officers shall be elected by the affirmative vote of a majority of the members present at a meeting at which a oucrrum 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, resio'nation or removal. Officers may be removed in the manner set forth in IIID) hereinabove. V. GENERAL DUTIES OF THE MEMBERS: • To meet and confer as a committee with police department personnel on problems of law e•nfcrcement 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 r•equir•ing clarification of policy and to provide the police department with citizen reaction to police 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 prooress by the police department. A monthly media statement may be made from this report. E. To prepare a• semi-annual report itogether with the police department) of progress showing the positive and • negative impact of community relations programs. VI. LIMITATIONS AND PRIVILEGES: A. The Citizen Advisory Council is riot 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 Citizen Advisory Council and the Police Department. • B. Responsibility for initiating discussion with citizens and/or the Ocoee Police Department shall rest • primarily with the Citizen Advisory Council. However, this does riot preclude the police administration from initiating discussion with citizens and/or the Citizen Advisory Council. C. The Citizen Advisory Council is advisory to the Police Department and riot to the City Commission; therefore, the Citizen Advisory Council should not be a vehicle to try to • influence the City Commission in budget or personnel matters relating to the Police Department. D. Privileges of the Citizen Advisory Council shall include the right to observe any a•nd 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 Citizen Advisory Council shall be the responsibility of the Chief of Police or any other departmental member designated by him. The Chief shall maintain complete and current files on the composition of the Citizen Advisory Council, its meetings and its activities.