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2022-02 Amending CACOPD Bylaws RESOLUTION NO. 2022-02 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 teinis 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 L/day of J An gar, , 2022. 2 Attest APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt;City Clerk Rusty Johns n, yor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON jottymry. , 2022, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS 4714 DAY OF TPU-1 PrAzi , 2022 SHUFFIELD LOWMAN & WILSON, P.A. By: Ci e 3 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 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. 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. 2 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; c. to supply infoimation 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; 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. 3 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 observations 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. 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 • 4 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 perfoiiii the duties of the Chair in the absence of the Chair. ARTICLE 6 (S ub committees) 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 5 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. 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. 6 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 The Following Pages Indicate Strikethroughs showing Deletions and Underlines showing proposed New Language. 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 Depaitinent 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 fifteen(15)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; e. to provide periodic reports, as directed by the City Commission, supplying information and advi3ing 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 aliobservations 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. g. 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 peiiiiitted. 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