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Item 04 Approval of Resolutions Amending the Bylaws for the Citizens Advisory Council for Ocoee Police Department (CACOPD), the Citizens Advisory Council for Ocoee Fire Department (CACOFD), and the Parks and Recreation Advisory Board (PRAB) 4...7/1/ ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 4, 2022 Item # ©4 Reviewed By: Contact Name: Kathy Heard Department Director: Mel.; Contact Number: 1023 City Manager: Subject: Approval of Resolutions Amending the Bylaws for the Citizens Advisory Council for Ocoee Police Department (CACOPD), the.Citizens. Advisory Council for Ocoee Fire Department (CACOFD), and the Parks and Recreation Advisory Board (PRAB) Background Summary: The Citizens Advisory Council for Ocoee Police Department (CACOPD) was established on February 16, 1988, by Resolution 88-06, and the Citizens Advisory Council for Ocoee Fire Department (CACOFD) was established on September 16, 2003, by Resolution 2003-20, and both their Bylaws were last amended in 2010. Staff wishes to amend their Bylaws for clarity, consistency and bringing them up-to- date. The Parks and Recreation Advisory Board (PRAB) was reestablished by Resolution 2021-011. Staff wishes to amend the Bylaws for consistency with the CACOPD/CACOFD Bylaws. Issue: Should the proposed three (3) Resolutions be approved to amend the Bylaws of the CACOPD, CACOFD and the PRAB for clarity, consistency and bringing them up-to-date? Recommendation: Staff recommends that the City Commission adopt the proposed three (3) Resolutions in order to bring the CACOPD, CACOFD Bylaws up-to-date; and further, amend the PRAB Bylaws for consistency with the CACOPD/CACOFD. Attachments: • CACOPD Resolution to Amend Bylaws • CACOFD Resolution to Amend Bylaws • PRAB Resolution to Amend Bylaws Financial Impact: None Type of Item: (please mark with an x') dc _ Public Hearing ForCle 's Dept US-el 1 Ordinance First Reading x Consent Agenda Ordinance Second Reading Public Hearing X Resolution Regular Agenda X Commission Approval Discussion&Direction Reviewed by City Attorney Logan Opsahl N/A 1 RESOLUTION NO. 2022— A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEPARTMENT; DELETING EXHIBITS "A" AND "B" AND CREATING A NEW EXHIBIT A ADOPTING BYLAWS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 16, 1988, the City Commission of the City of Ocoee, Florida (the "City Commission") adopted Resolution 88-06 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 Police Department (the "Police Department Citizen Advisory Council"); and WHEREAS, on May 7, 1991, the City Commission adopted Resolution 91-09 amending EXHIBIT "A"to Resolution 88-06; and WHEREAS, on May 5, 1992, the City Commission adopted Resolution 92-07 amending EXHIBIT "A" to Resolution 91-09; and WHEREAS, on July 16, 1996, the City Commission adopted Resolution 96-20 amending EXHIBIT "A"to Resolution 92-07; and WHEREAS, on September 16, 2003, the City Commission adopted Resolution 2003-19 amending EXHIBIT "A"to Resolution 96-20; and WHEREAS, on April 18, 2006, the City Commission adopted Resolution 2006-006 amending EXHIBIT "A" to Resolution 2003-19; and WHEREAS, on May 18, 2010, the City Commission adopted Resolution 2010-006 amending EXHIBIT `B"to Resolution 2006-006; and WHEREAS, the City Commission desires to delete EXHIBIT "A" and EXHIBIT `B" of Resolution 2010-006 and create a new EXHIBIT A entitled "Citizen Advisory Counsel for the Ocoee Police Department Bylaws." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION ONE. Authority. 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. The City Commission of the City of Ocoee, Florida, hereby deletes EXHIBIT "A" and EXHIBIT "B" of Resolution 2010-006, and creates a new EXHIBIT A, attached hereto and by this reference made a part hereof, and except as set forth herein, Resolution 2010-006 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 , 2022. 2 Attest APPROVED: CITY.OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2022, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2022 SHUFFIELD LOWMAN & WILSON,P.A. By: " City Attorney • EXHIBIT A CITIZEN ADVISORY COUNCIL FOR THE OCOEE POLICE DEPARTMENT (CACOPD BYLAWS) ARTICLE 1 (Name of Organization), The official name of this organization shall be the Citizen Advisory Council for the Ocoee Police Department(CACOPD). ARTICLE 2 (Purpose and Objectives) 1. Purpose. The general purpose of the CACOPD 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 Police Department. 2. Objectives. The objectives of the CACOPD are: a. to improve communication between the citizens of the City of Ocoee and the Ocoee Police Department by the use of various media outlets; b. to advise the City Commission on issues relating to the Ocoee Police Department and law enforcement; c. to increase involvement by the citizens and the police in community programs; d. to assist with the interaction between law enforcement and community youth programs; e. to foster understanding and cooperation between the citizens and the police; f. to acquaint citizens with the operation of the Ocoee Police Department and its varied activities; 1 g. to promote increased cooperation between the police and various organizations in the community; and h. to generate community interest and involvement in crime prevention, citizen disputes and other areas of community relations; and i. to strengthen and ensure, throughout the community, the application of equal protection under law. ARTICLE 3 (Membership) 1. Number of Members. The CACOPD shall consist of no less than three (3) members and no more than nine (9) 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 Police Department or who are owners of businesses located in Ocoee, shall be eligible for membership. Those 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. 3. Manner of Selection of Members. Members shall be appointed by the City Commission from a list of interested and eligible persons who have completed the application form for membership on City boards and committees. Members are expected to attend Board meetings and participate in a minimum of one Board-sponsored event per calendar year, if applicable. Applicants for membership should anticipate that participation will require considerable devotion of personal time. 2 4. Term of Appointment. Members shall be appointed for a term of three (3) years 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 CACOPD have the authority to remove any member. Any member who misses three consecutive regular meetings or five regular meetings in a 12-month period or does not participate in one board-sponsored event (if applicable) shall be deemed to have resigned by the CACOPD. Any member submitting a voluntary resignation must do so in writing to the City Clerk. 6. Responsibilities of Membership. The membership of the CACOPD shall have the following general responsibilities: a. to become acquainted with the operations of the Police Department; b. to attend the Ocoee Police Department Citizen Police Academy within the first full year; c. to supply information to the Chief of Police which may be helpful to the effective operation of the Ocoee Police Department; d. to refer to the Chief of Police or Chiefs designated representative all questions requiring clarification of policy and to provide the police department with citizen reaction to police procedures, policies and performance; information and advising the City Commission on issues relating to police department procedures,policy and performance. 3 f. Members are encouraged to ride along as observers in police department vehicles. Arrangements to ride in patrol units must be made in advance with the Watch Commander. 7. Privileges and Limitations of Membership. The membership of the CACOPD shall be subject to the following privileges and limitations: a. The CACOPD is not empowered to establish policy or investigate charges or operational problems of the Ocoee Police Department. However, these areas may be topics of discussion between the CACOPD and the police department. b. Responsibility for initiating discussion with citizens and/or the police department shall rest primarily with the CACOPD. However,this does not preclude the police administration from initiating discussion with citizens and/or the CACOPD. c. The CACOPD shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to the police department. d. Privileges of the CACOPD shall include the right to observe any and allobservations of the police department's operations, individually or as a group, provided that the member has made his or her request to the Chief of Police. The Chief of Police may grant or deny such request in his or her sole discretion. e. Coordination with the CACOPD shall be the responsibility of the Chief of Police or any other departmental member designated by the Chief. The Chief shall maintain complete and current files on the composition of the CACOPD, its meetings and its activities. 4 f. When riding as an observer, members shall not place their personal safety in jeopardy. Members shall at all times follow the directions of the police officer(s) with whom they are riding. Members shall sign a liability release prior to riding in police vehicles. ARTICLE 4 (Officers) The CACOPD shall be governed by two officers, a Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by a majority vote at the first meeting of the year from the CACOPD membership, and they shall assume office at the close of the meeting at which they are elected. A recording clerk 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 CACOPD may be filled by the CACOPD 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 Chair. The Chair shall preside at all meetings of the CACOPD and shall hold ex-officio membership on all subcommittees. The Chair 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 Bylaws. 2. Duties of the Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. 5 ARTICLE 6 (Subcommittees) 1. The CACOPD may create such subcommittees as may be required to attain its objectives, as set forth in Article 2. Subcommittee Chair shall be selected by the members of each subcommittee. 2. Subcommittee Meetings. Subcommittees may meet with such frequency as they deem appropriate for the assigned task. Notification of all subcommittee meetings shall be provided to all members no less than five (5) days prior to each meeting. All meetings of any subcommittee 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. Subcommittee meetings shall be conducted in the same manner as a regular meeting, but shall be limited to the conduct of business according to the scope of the subcommittee. Subcommittee meeting minutes need not be prepared, but if they are prepared, may be created by any person designated by the Subcommittee Chair. 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 CACOPD 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. The Recording Clerk shall prepare minutes of each regular meeting. 6 2. Special Meetings. Special meetings may be called by the Chair or the Vice-Chair or by a majority of the CACOPD 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. The Recording Clerk shall prepare minutes of each special meeting. ARTICLE 8 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, a majority (50%plus one) of the total of all current members shall constitute a quorum. 2. Voting. Voting shall be done by voice vote or by show of hands at the discretion of the Chair. Votes may only be taken at a properly noticed meeting at which a quorum is present. Unless otherwise provided in these Bylaws, 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. ARTICLE 9 (Parliamentary Authority) The parliamentary procedural rules found in the current edition of Robert's Rules of Order shall govern CACOPD meetings and actions in all cases where they are not in conflict with these Bylaws. 7 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITIZEN ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT; DELETING EXHIBITS "A" AND "B" AND CREATING A NEW EXHIBIT A ADOPTING BYLAWS; 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, 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 August 3, 2010, the City Commission adopted Resolution 2010-012 amending EXHIBIT "A" and EXHIBIT `B"; and WHEREAS,the City Commission desires to delete EXHIBIT "A" and EXHIBIT "B" of Resolution 2010-012 and create a new EXHIBIT A entitled"Citizen Advisory Council for the Ocoee Fire Department Bylaws." NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION ONE. Authority. 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. The City Commission of the City of Ocoee, Florida, hereby deletes EXHIBIT "A" and EXHIBIT "B" of Resolution 2010-012, and creates a new EXHIBIT A, attached hereto and by this reference made a part hereof, and except as set 1 forth herein, Resolution 2010-012 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 , 2022. Attest APPROVED: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2022, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2022 SHUFFIELD LOWMAN & WILSON,P.A. By: City Attorney 2 EXHIBIT A CITIZENS ADVISORY COUNCIL FOR THE OCOEE FIRE DEPARTMENT (CACOFD BYLAWS) ARTICLE 1 (Name of Organization) The official name of this organization shall be the Citizen Advisory Council for the Ocoee Fire Depaitiiient(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; 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; 3 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; I. 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 three (3) and no more than nine (9) 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. The City Commission reserves the right to waive the foregoing membership qualifications when the City Commission deems it appropriate. 3. Manner of Selection of Members. Members shall be appointed by the City Commission from a list of interested and eligible persons who have completed the application form for membership on City boards and committees. Members are expected to attend Board meetings and participate in a minimum of one Board-sponsored event per calendar year, if applicable. Applicants for membership should anticipate that participation will require considerable devotion of personal time. 4 4. Term of Appointment. Members shall be appointed for a term of three (3) years 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 CACOFD have the authority to remove any member. Any member who misses three consecutive regular meetings or five regular meetings in a 12-month period or does not participate in one board-sponsored event (if applicable) shall be deemed to have resigned by the CACOFD. Any member submitting a voluntary resignation must do so in writing to the City Clerk. 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 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 5 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 observations of the 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 CACOFD shall be governed by two officers, a Chair and Vice-Chair. The Chair and the Vice-Chair shall be elected by a majority vote at the first meeting of the year from the CACOFD membership, and they shall assume office at the close of the meeting at which they are elected. A recording clerk 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 6 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 Chair. The Chair shall preside at all meetings of the CACOFD and shall hold ex-officio membership on all subcommittees. The Chair 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 Bylaws. 2. Duties of the Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. ARTICLE 6 (Subcommittees) 1. The CACOFD may create such subcommittees as may be required to attain its objectives, as set forth in Article 2. Subcommittee Chair shall be selected by the members of each subcommittee. 2. Subcommittee Meetings. Subcommittees may meet with such frequency as they deem appropriate for the assigned task. Notification of all subcommittee meetings shall be provided to all members no less than five (5) days prior to each meeting. All meetings of any subcommittee 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. Subcommittee meetings shall be conducted in the same manner as a regular meeting, but shall be limited to the conduct of business according to the scope of the subcommittee. Subcommittee meeting minutes need not 7 be prepared, but if they are prepared, may be created by any person designated by the Subcommittee Chair. ARTICLE 7 (Meetings) 1. Regular Meetings. Regularly scheduled meetings shall be held throughout the year. The frequency and specific calendar shall be deteituined 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 within a reasonable time prior to the 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. The Recording Clerk shall prepare minutes of each regular meeting. 2. Special Meetings. Special meetings may be called by the Chair or the Vice-Chair or by a majority of the CACOFD members. Notification of all special meetings shall be posted not less than five (5) day:48 hours 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. The Recording Clerk shall prepare minutes of each special meeting. ARTICLE 8 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, a majority(50%plus one) of the total of all current members shall constitute a quorum. 2. Voting. Voting shall be done by voice vote or by show of hands at the discretion of the Chair. Votes may only be taken at a properly noticed meeting at which a quorum is present. 8 Unless otherwise provided in these Bylaws, 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. 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 Bylaws. 9 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING RESOLUTION NO. 2021-011 RELATING TO THE PARKS AND RECREATION ADVISORY BOARD BY AMENDING ARTICLE 3 "TERMINATIION OF MEMBERSHIP" AND "MANNER OF SELECTION OF MEMBERS" AND ARTICLE 6 "SUBCOMMITTEES"; 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 first established the Parks and Recreation Advisory Board by ordinance on September 9, 1986, creating Chapter 15 of the City Code; and WHEREAS, the City Commission of the City of Ocoee repealed Chapter 15 of the City Code and adopted Resolution 2021-011 on October 5, 2021, reestablishing the Parks and Recreation Advisory Board and adopting its Bylaws; and WHEREAS, The City Commission of the City of Ocoee believes it is in the best interest of the City and the Board to amend Article 3 entitled "Membership" and Article 6 entitled "Subcommittees" of the Bylaws of the Parks and Recreation Advisory Board in order to clarify manner of selection of members, termination of membership and subcommittees. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION ONE. Authority. 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. 1 SECTION TWO. Purpose. The City Commission of the City of Ocoee hereby amends Article 3 "Termination of Membership" and "Manner of Selection of Members" and Article 6 "Subcommittees." 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 , 2022. Attest: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2022,UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2022. Shuffield Lowman and Wilson By: City Attorney 2 EXHIBIT A PARKS AND RECREATION ADVISORY BOARD (PRAB BYLAWS) ARTICLE 1 (Name of Organization) The official name of this organization shall be the Parks and Recreation Advisory Board (PRAB). ARTICLE 2 (Purpose and Objectives). 1. Purpose. The general purpose of the Parks and Recreation Advisory Board (PRAB) for the City of Ocoee shall be to advise the Mayor, the City Commission, the City Manager and the Parks and Recreation Director on issues pertaining to the City's parks, recreational facilities and programs. 2. Objectives. The objectives of the PRAB are: a. To improve communication between the citizens of the City of Ocoee, the City Commission and the Parks and Recreation Department. b. To advise and provide input to the City Commission and the Parks and Recreation Department on the values, goals and objectives of the City's parks, recreational facilities,programs and services. c. To encourage community interest and citizen involvement in the City's parks, recreational facilities,programs and services. d. To contribute to continuous feedback and make recommendations to both the City Commission and the Parks and Recreation Department for overall quality of programs and services. 3 e. To explore various sources of grant funds that may be available for recreational programs and/or facilities and assist in development of an application for such funds. ARTICLE 3 (Membership) 1. Number of Members. The PRAB shall consist of no less than three (3) and no more than nine (9) members. 2. Qualifications for Membership. Only those persons who are legal residents of the City of Ocoee, or who are members of a City sporting organization that utilize the Ocoee parks, shall be eligible for membership. 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. The City Commission reserves the right to waive the foregoing membership qualifications when the City Commission deems it appropriate 3. Manner of Selection of Members. Those persons- Dean „ted-by the C y Commission to serve on the PRAB and who at the time of the adoption of these Bylaws are serving on the PRAB shall be members of the PRAB until such time as their appointed term shall expire. Thereafter, members shall be appointed to the PRAB by majority vote of the City Commissioner. Members shall be appointed by the City Commission from a list of interested and eligible persons who have completed the application form for membership on City boards and committees. Members are expected to attend Board meetings and participate in a minimum of 4 one Board-sponsored event per calendar year, if applicable. Applicants for membership should anticipate that participation will require considerable devotion of personal time. 4. Term of Appointment. Members shall be appointed for a term of three (3) years and may be reappointed, irrespective of the number of terms previously served. 5. Termination of Membership. ^ mber m h ve h.;s or her m mbership r okea f r meeting of the PRAB at which a quorum is present. Cause shall include, but not necessarily be limited--to ember's failure te--attend three consecutive meetings or failure to properly automatically have his or her membership revoked should such member cease to be qualified for membership pursuant to these Bylaws. A notice of termination shall be promptly sent by the P ^B r ,rding clerk to „-,ber- whose membership ;s terminated. All members serve at the pleasure of the City Commission and may be removed for cause at any time. In no event will the PRAB have the authority to remove any member. Any member who misses three consecutive regular meetings or five regular meetings in a 12-month period or does not participate in one board-sponsored event (if applicable) shall be deemed to have resigned by the PRAB. Any member submitting a voluntary resignation must do so in writing to the City Clerk. 6. Privileges and Limitations of Membership. The membership of the PRAB shall be subject to the following privileges and limitations: a. The PRAB is not empowered to establish policy or investigate charges or operational problems of the Parks and Recreational Department. However, these areas may be topics of discussion between the PRAB, the City Commission and the Parks and Recreational Department. 5 b. Responsibility for initiating discussion with citizens, the City Commission and/or the Parks and Recreational Department shall rest primarily with the PRAB. However, this does not preclude the City Commission and/or City staff from initiating discussion with citizens and/or the PRAB. c. The PRAB shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to the Parks and Recreational Department. d. Coordination with the PRAB shall be the responsibility of the Parks and Recreation Director or any other staff member designated by the Director of the Parks and Recreation Department. The Parks and Recreation Department shall maintain complete and current files on the composition of the PRAB, its meetings and its activities. ARTICLE 4 (Officers) The officers of the PRAB shall be a Chair and a Vice-Chair. The Chair and the Vice- Chair shall be elected by a majority vote at the first meeting of the year from the PRAB membership, and they shall assume office at the close of the meeting at which they are elected. A recording clerk 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 PRAB may be filled by the PRAB at its next regular meeting. ARTICLE 5 (Duties of Officers) 1. Duties of the Chair. The Chair shall preside at all meetings of the PRAB and shall hold ex officio membership on all subcommittees. The Chair shall perform all other duties ordinarily 6 pertaining to the office and shall appoint all subcommittees whose composition or method of selection is not provided for elsewhere in these Bylaws. 2. Duties of the Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. ARTICLE 6 (Subcommittees) 1. The PRAB may create such subcommittees as may be required to attain its objectives as set forth in Article 2. Subcommittee Chairpersons shall be selected by the members of each subcommittee and shall be subj-ect to ration atthe next--regime -ei + —PR AB. a S bcow„v,ittee Cha rerson ,st he a nu A B mber. The CACOPD may create such subcommittees as may be required to attain its objectives, as set forth in Article 2. Subcommittee Chair shall be selected by the members of each subcommittee. 2. Subcommittee Meetings. Subcommittees may meet with such frequency as they deem appropriate for the assigned task. Notification of all subcommittee meetings shall be provided to all members no less than five (5) days prior to each meeting. All meetings of any subcommittee 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. Subcommittee meetings shall be conducted in the same manner as a regular meeting, but shall be limited to the conduct of business according to the scope of the subcommittee. Subcommittee meeting minutes need not be prepared, but if they are prepared, may be created by any person designated by the Subcommittee Chair. 7 ARTICLE 7 (Meetings) 1. Regular Meetings. Regularly scheduled meetings shall be held throughout the year. The frequency and specific calendar shall be deteiinined 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 within a reasonable time prior to the meeting. Notice of the date, place and time of all PRAB 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 Chair or the Vice-Chair or by a majority of the PRAB members. Notification of all special meetings shall be posted not less than 48 hours 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, a majority (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 Chair. Votes may only be taken at a properly noticed meeting at which a quorum is present. Unless otherwise provided in these Bylaws, the passage of any item shall require a simple majority vote of those in attendance. Each duly qualified member in attendance, including 8 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 PRAB meetings and actions in all cases.where they are not in conflict with these Bylaws. 9