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Item 13 Discussion and Direction on the Reorganization of the Human Relations Diversity Board (HRDB)Contact Name: Contact Number Meeting Date: November 15, 2022 Melanie Sibbitt 1026 Item Reviewed By: Department Director: City Manager: Mel Background Summary: The Human Relations Diversity Board was created by Resolution in 2003, and the bylaws were last updated in May 2021. The purpose of this board is to promote understanding, respect, goodwill, and equality among all citizens and businesses of the City of Ocoee. The City Commission has expressed concerns regarding the current state of the HRDB, and at their October 18, 2022, Regular City Commission Meeting, the following motion was made: Motion: Move to add an item to an upcoming City Commission agenda after the Ocoee Remembrance Event to review and consider reorganization of the HRDB. Moved by Commissioner Wilsen, seconded by Commissioner Firstner. After discussion, motion carried 4-1 with Commissioner Oliver opposing. Some common pratices on transitioning a troubled Advisory Board are: • Dissolution of the Board; or • Dissolution of the Board, and re-establishing a newly revised Board; or • Creating term limits to establish revolving new membership; or • Lowering membership to include equal representation from each district; or • Redefining Board Objectives in the Resolution Issue: Should the Honorable Mayor and City Commissioners instruct staff to reorganize the HRDB due to concerns regarding the current state of the Board? Recommendations: Staff recommends the Honorable Mayor and City Commissioners determine how to proceed with reorganization of the HRDB. Attachments: HRDB Bylaws Type of Item: (please mark with an 'Y) Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval x Discussion & Direction For Clerk's Dent, Use: Consent Agenda Public Hearing x Regular Agenda �7 �f� � [�7►�r,[I�►JUi►•jQIIII►; A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING RESOLUTION NO. 2016-009 RELATING TO THE HUMAN RELATIONS DIVERSITY BOARD BY PROVIDING FOR A CHANGE IN MEMBERSHIP QUALIFICATIONS; CLARIFYING OTHER REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article 11, 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 2003-021 on September 16, 2003 creating the Human Relations Diversity Board and adopting its Bylaws; and WHEREAS, the City Commission subsequently modified Resolution 2003-021 through the action of Resolutions 2004-011, 2010-010, 2013-007, 2015-014 and 2016-009; and WHEREAS, the City Commission believes it is in the best interest of the city and the Board to amend Section III of the Bylaws of the Human Relations Diversity Board entitled "Membership" in order to clarify membership qualifications to serve on the Board and remove the provision that allows non-members to serve on Board; clarifying other language that presently appears in the enabling legislation and the Bylaws; and providing a general reorganization of content to improve readability. 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 language of the enabling legislation and Bylaws contained in Resolution 2016-009 is hereby revised, as shown on Exhibit "A" to this Resolution. Deletions from the original content are shown in strikethrough text; additions are shown in underlined text. 1 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitution' d 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. N^' PASSED AND ADOPTED this day of _ 2021. i CITY OF OCOEE, FLORIDA Attest: Melanie Sibbrtt, City Clerk Rusty Johnso Ma r (SEAL) READ AND ADOPTED THIS DAY OF 2021, UNDER AGE ITEM NO. /-/ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS AY OF 2021 SHUFFIELD, LOWMAV& WILSON, P.A. By: 2 EXHIBIT "A" I. MISSION: The general mission 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 -malting authority or be authorized to bind the City of Ocoee. II. Objectives: 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 preventing discrimination against, any persons or businesses by Ocoee City government; E. Serve as an informational conduit to the community at large; and F. Make recommendations to the City Commission and staff on HRDB related matters, as needed. 3 III. Membership: A. The HRDB shall consist of no less than seven (7) and no more than thirteen (13) voting 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 liaisons (non -voting) members. HRDB members will 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, and who are representative of the diversity of the community, including race, sex, age, religion, disability, sexual orientation, and ethnic group. Members are expected to attend Board meetings and participate in a minimum of one Board -sponsored event per calendar year. Applicants for membership should anticipate that participation will require considerable devotion of personal time. Effective May 2014, all members shall serve a three (3) year term and may be reappointed, irrespective of the number of terms previously served; however, to ensure that approximately one-third of the authorized membership positions become vacant in any given year, the City Commission may make appointments of one, two, and three years of service. B. Only those 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. C. Members of the HRDB shall meet as determined by, and in accordance with, the provisions of the Bylaws for the HRDB and/or at such other times as may be called by the Chair 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. 4 or Order. D. Members shall be subject to the Florida Sunshine Law and Robert's Rules E. 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. Liaison members, because they are non -voting, are not to be included in a count of the members for the purpose of determining whether a quorum is present. 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. 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 shall be deemed to have resigned by the HRDB. Any member submitting a voluntary resignation must do so in writing to the City Clerk. IV. Bylaws: The Bylaws for the HRDB shall be as set forth below, which are attached hereto and incorporated herein by reference. 5 CITY OF OCOEE HUMAN RELATIONS/ DIVERSITY BOARD C A a ARTICLE 1 (Name of Organization) The official name of this organization shall be the City Of Ocoee Human Relations Diversity Board ("HRDB") (Purpose and Objectives) 1. Mission. The general mission 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: 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 eliminating prejudice, racial tension, intolerance, or discrimination; D. Provide suggestions and encourage equality of treatment for, and prevent discrimination against, any persons or businesses by Ocoee City government; E. Serve as an informational conduit to the community at large; and F. Make recommendations to the City Commission and staff on HRDB related matters, as needed. 6 ARTICLE 3 (Officers) 1. The HRDB shall be governed by three officers: Chair, Chair -Elect, and Past -Chair. The HRDB shall elect from among its members a Chair -Elect 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. At the end of his or her term as Chair -Elect, the incumbent shall become Chair and the former Chair shall become the Past -Chair. The City Clerk shall assign a person to serve as recording clerk of the HRDB. Said person need not be a member of the HRDB. There is no specific term for this office; the City Cleric may appoint a new person to fulfill this role as the need arises. 2. Elected HRDB 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. At each election, the members may vote to retain the current slate of officers in their present positions rather than allow the progression of officers to occur. Vacancies which occur among the officers of the HRDB during the term of service may be filled by the HRDB at its next regular meeting, provided that there is at least one week's notice of the election prior to the meeting; however, no election of a substitute person. 7 FAIM11Ef1'NOW1 (Duties of Officers) 1. Duties of the Chair. The Chair shall in general supervise and control the affairs of the HRDB and perform all other duties incident to the office of Chair. The Chair shall preside at all meetings of the HRDB 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. 2. Duties of the Chair -Elect. The Chair -Elect shall perform the duties of the Chair in the absence of the Chair, chair one or more subcommittees, or undertake additional duties assigned by the Chair. 3. Duties of the Past -Chair. The Past -Chair shall perform the duties of the Chair in the absence of the Chair and Chair -Elect, chair one or more subcommittees, or undertake additional duties assigned by the Chair. 4. Duties of the Recording Clerk. The Recording Clerk shall have the duties normally assigned to such a position, including the duty of preparing minutes of each regular or special meeting of the HRDB, preparing correspondence, and making and posting announcements of HRDB and subcommittee meetings. 5. The duties of any office created by the HRDB shall be those assigned in the motion creating the office but cannot conflict with the duties assigned to any office established by these Bylaws. ARTICLE 5 (Subcommittees) 1. The HRDB 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 6 (HRDB 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 each 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. The Recording Clerk shall prepare minutes of each regular meeting. 9 2. Special Meetings. Special meetings may be called by the Chair or the Chair -Elect or by a majority of the HRDB members. Notification of all special meetings shall be posted in the same manner as regular meetings, but with not less than five (5) days prior notice. 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 7 (Quorum and Voting) Quorum. For the purpose of conducting the regular business of the organization, 50% plus one of the total of all current members shall constitute a quorum. Liaison members cannot be counted when determining the presence of 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, electronic mail, or by telephone shall not be permitted. I_\:7111 _C�1lI�E1 (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 Bylaws. a1