Item #06 Approval of Resolution 2013-007, Amending Resolution 2010-10 HRDB General Purposes and Bylaws> >e C of Good Lly
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AGENDA ITEM COVER SHEET
Meeting Date: April 16, 2013
Item # �C)
Reviewed By:
Contact Name: Al Butler Dept. Director:
Contact Number: 407 - 905 -3100, ext. 1543 City Manager:
Subject: Modifying the enabling resolution and Bylaws of the Human Relations Diversity Board
Background Summary:
The City of Ocoee created the Human Relations /Diversity Board (HRDB) in 2004 through City
Commission Resolution 2004 -11, which provided the general purposes of the advisory board and
established its initial Bylaws. The City Commission modified the resolution and Bylaws through
Resolution 2010 -10, thereby revising the statement of general purposes and Bylaws. More recently,
the HRDB has undertaken a review of its operating principles and practices and seeks to secure City
Commission concurrence with several amendments to the statement of general purpose and HRDB
Bylaws. These changes are intended to provide for the logical progression and transition in
leadership of the Board, better inform potential members regarding the operation of the Board, and
clarify various aspects of the Board's structure and operation.
Among the more significant revisions proposed are:
1. Changing the standard term of service by members from two years to three years. This longer
duration better supports the leadership development process. Participation expectations are
explicitly provided so as to reduce the chance that applicants may fail to appreciate the
requirements of service on the Board.
2. Altering the officers to be Chairman Elect, Chairman, and Past Chairman. The Chairman Elect
position will be elected each year, with successive progression through the Chairman and Past
Chairman over the following two years. This succession plan allows new leaders to be
developed over time, and for past leaders to remain available to provide the value of their
experience.
3. The duties of the office of Secretary are explicitly defined.
4. Excessive absences would be equated to implicit resignation by a member. Under the current
resolution and Bylaws, there is no mechanism for removing members who fail to participate in
the Board's activities.
5. Conviction of a crime involving moral turpitude would make an applicant unacceptable for
appointment by the City Commission.
6. Policies and practices related to subcommittees are proposed for addition.
Issue:
Should the City Commission approve the revised general statement of purpose and Bylaws for the
Human /Relations Diversity Board?
Recommendations:
The Support Services Department recommends the City Commission approve the proposed
amended version of the resolution establishing the HRDB and its Bylaws. These proposed
amendments were developed by the HRDB's Membership Subcommittee and subsequently endorsed
by the HRDB at its April 4, 2013 meeting.
Attachments:
Revised resolution and its two attachments.
Financial Impact:
There is no financial impact on the City.
Type of Item (please mark with an 'Y)
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
_� Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
N/A
Reviewed by Finance Dept.
N/A
Reviewed by ( )
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RESOLUTION NO. 2013-007
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
AMENDING RESOLUTION NO. 2010 -10 RELATING TO
THE HUMAN RELATIONS DIVERSITY BOARD BY
PROVIDING FOR A CHANGE IN EXHIBIT "A" AND
EXHIBIT "B" TO RESOLUTION 2010 -10 TO CHANGE
THE TERM OF SERVICE; ALTERING AND CLARIFYING
MEMBERSHIP QUALIFICATIONS; PROVIDING FOR
TERMINATING A MEMBER UPON EXCESSIVE
ABSENCES; CLARIFYING OTHER REQUIREMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article Il, 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
2004 -11 creating the Human Relations Diversity Board and adopting its Bylaws; 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," amend Article IV of the General Purposes of the Human Relations
Diversity Board entitled "Officers," amend Article 1 entitled "Name of Organization" of the
Bylaws of the Human Relations Diversity Board, amend Article 2 entitled "Purpose and
Objectives" of the Bylaws of the Human Relations Diversity Board, amend Article 3 entitled
"Membership" of the Bylaws of Human Relations Diversity Board, amend Article 4 entitled
"Officers" of the Bylaws of the Human Relations Diversity Board, amend Article 5 entitled
"Duties of Officers" of the Bylaws of the Human Relations Diversity Board, amend Article 6
entitled "Subcommittees" of the Bylaws of the Human Relations Diversity Board, amend Article
7 entitled "Meetings" of the Bylaws of the Human Relations Diversity Board, and amend Article
8 entitled "Quorum and Voting" of the Bylaws of the Human Relations Diversity Board.
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NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
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 amended purpose, objectives, membership, and
officers of the City of Ocoee Human Relations Diversity Board shall be as set forth on Exhibit
"A" attached hereto and incorporated herein by reference, as attached.
SECTION 3. Bylaws The amended Bylaws for the City of Ocoee Human
Relations Diversity Board shall be as set forth on Exhibit "B" attached hereto and incorporated
herein by reference, as attached.
SECTION 5. 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 6. Effective Date This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2013.
[Balance of page was left blank intentionally]
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Attest
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, APPROVED
AS TO FORM AND LEGLITY
THIS DAY OF 2013
Shuffield Lowman and Wilson
In
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
READ FIRST TIME AND ADOPTED
AGENDA ITEM NO.
2013, UNDER
City Attorney
EXHIBIT A
CITY OF OCOEE HUMAN RELATIONS/ DIVERSITY BOARD
I. PURPOSE
The general purpose of the Human Relations/ 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 - making authority or be
authorized to bind the City of Ocoee.
II. Obiectives
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
preventingen against discrimination against, any persons or businesses by
Ocoee City government;
E. Serve as an informational conduit to the community at large; and
F. Assist the City Commission and staff, as requested.
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 ex officio
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non - voting members. Beard 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 as t o of the diversity of the
Coo any community including race, sex, age, religion, disability, sexual orientation, and
ethnic group. Of the initial members of the 14RDB e h of t h e _ __ Le__ one _- - _ th
one half if the initial 14RDB has an odd number- of membefs) shall be appointed to sefve a one
Members are expected to attend Board meetings and participate in
Board - sponsored events. Applicants for membership should anticipate that participation will
require considerable devotion of personal time. Effective May 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. 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.
BC. Members of the HRDB shall meet as determined by, and in accordance
with, the provisions of the R Bylaws for the HRDB 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
HRDB within a reasonable time prior to the meeting. All meetings of the HRDB will be open to
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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.
ED. Members shall be subject to the Florida Sunshine Law.
DE. 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. Ex officio members are not to be
included in a count of the members for the purpose of determining whether a quorum is present
■ l.9 wl�l•A1 \%•1����1►l l�ll�ll• • w�� �.00 �•Il��9ll�ll ��I ll�l %�'�l� �j9��9� I�
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 shall be deemed to have resigned unless one or more of the absences was
approved by the HRDB. Any member submitting a voluntary resignation must do so in writing
to the City Clerk.
IV. Officers
A. The officers of the HRDB shall be a Chairman, a Wee Chairman Elect
and a Past - Chairman, 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. A secretary shall be provided by the City of Ocoee.
B. The Chairman shall in general supervise and control the affairs of the
HRDB and perform all other duties incident to the office of Chairman. In the absence of the
Chairman or in the event of his or her death or inability to act, the V4ee Chairman -Elect shall
perform the duties of the Chairman, and when so acting, shall have all the powers of the
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Chairman. In the absence of the Chairman and Chairman -Elect the Past - Chairman shall perform
the duties of the Chairman, and when so acting shall have all the powers of the Chairman
C. OffieersThe Chairman -Elect shall be elected by the 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, the Past - Chairman shall cease to hold office, the Chairman shall become the Past-
Chairman, and the Chairman -Elect shall become the Chairman. Officers may be feeleeted to th
________ __________— ____ —__ ��������i������� �. �a��rai���i�s0�s��ui��i����s����w����A •��i�
D. Each officer shall hold office for a term of one (1) year commencing upon
his or her appointment to office or until his or her expiration of membership, death, resignation,
or removal. Offi-eefs m be .,,m . ea in the manner set f i4h in M (F) r,efeinabove.
V. Bylaws
A. The Bylaws for the HRDB shall be as set forth on Exhibit "B" attached
hereto and incorporated herein by reference.
B. Unless otherwise provided in its Bylaws, the HRDB shall follow
Robert's Rules of Order (latest edition).
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EXHIBIT B
CITY OF OCOEE HUMAN RELATIONS/ DIVERSITY BOARD
BYLAWS
ARTICLE 1
(Name of Organization)
The official name of this organization shall be the City Of Ocoee Human Relations
Diversity Board ( "HRDB ")
ARTICLE 2
(Purpose and Objectives)
1. Purpose. The general purpose 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 the eliminatiEgon o prejudice, racial tension, intolerance, or
discrimination;
D. Provide suggestions and eteurag encourage equality of treatment for,
and prevention Est discrimination against, any persons or businesses
by Ocoee City government;
E. Serve as an informational conduit to the community at large; and
F. Assist the City Commission and staff as requested.
t
ARTICLE 3
(Membership)
1. Number of Members. The HRDB shall consist of no less than seven (7) and no more than
fift thirteen (13 ) voting 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 a business 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 C eommission reserves the right to waive the
foregoing membership qualifications when the City eommission deems it appropriate.
Members are expected to attend Board meetings and participate in Board - sponsored events.
Applicants for membership should anticipate that participation will require considerable devotion
of personal time.
3. Manner of Selection of 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 ex officio non - voting members. lOther HRDB members will be appointed by the
City Commission from a list of interested and eli gig ble persons who have completed the
application form for membership on City boards and committees, and who are representative as
to the diversity of the Community including race, sex, age, religion, disability, sexual orientation,
and ethnic groups.
4. Term of Appointment. Of t h e i , embefs of th HRDB e half of t h e r,ombe (
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the of of prev o��t, served.All members shall serve three (3) year terms 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 14RDB have the aHthEffity tO feffloV-e
any Any member who misses three consecutive regular meetings or five regular
meetings in a 12 -month period shall be deemed to have resigned unless one or more of the
absences was approved by the HRDB. Any member submitting a voluntary resignation must do
so in writing to the City Clerk. if an b abs e nt fi (5) beard ti 1 2 *�
u..y .�.e...�er .�
-. \W-9&iii M X- §W� C4 IN F'
the member shall be presumed to have fesigned. In the event that a member deemed to h—
beafd
is removed by action of the City Commission or is deemed to have resigned
through excessive unapproved absences, a notice of termination shall be promptly sent by the
HRDB secretary t y h mbe shi s to ated
�:, an. ...e..��,er vim ,
ARTICLE 4
(Officers)
The HRDB shall elect from among its members a Chair-man, c° Gh.,;,..,, Chairman-
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 Chairman - Elect, the incumbent shall become Chairman and the
former Chairman shall become the Past - Chairman. 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
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they serve. 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.
ARTICLE 5
(Duties of Officers)
1. Duties of the Chairman. The Chairman shall preside at all meetings of the HRDB and shall
hold ex- officio membership on all subcommittees. The Chairman 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 Chairman Chairman- Elect The s ee Chaiffflan Chairman -Elect shall
perform the duties of the Chairman in the absence of the Chairman chair one or more
subcommittees, or undertake additional duties assi ng ed by the Chairman
3. Duties of the Past - Chairman. The Past - Chairman shall perform the duties of the Chairman in
the absence of the Chairman and Chairman - Elect, chair one or more subcommittees or
undertake additional duties assi ng ed by the Chairman.
4. Duties of the Secretary. The City Clerk shall assign a person to serve as secretary of the
HRDB. Said person shall have the duties normally assigned to such a position including the
duty preparing minutes of each regular or special meeting of the HRDB preparing
correspondence, and making and posting announcements of HRDB and subcommittee meeting
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.
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ARTICLE 6
(Subcommittees)
The HRDB may create such subcommittees as may be required to attain its objectives as
set forth in Article 2. Subcommittee Ghaifpefsons Chairmen shall be selected by the members of
each subcommittee. Members of subcommittees need not hold membership in the HRDB,
however, any person serving as a Subcommittee Czar Chairman must be an HRDB
member.
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 sad 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
secretary shall prepare minutes of each regular meeting.
2. Special Meetings. Special meetings may be called by the Chairman or the Vie Chairman_
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 to said g
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 secretary shall prepare
minutes of each special meetin
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3. 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 Chairman.
ARTICLE 8
(Quorum and Voting)
1. Quorum. For the purpose of conducting the regular business of the organization, 50% plus
one of the total of all currently duly qualified members shall constitute a quorum. Ex officio
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
Chairman. 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.
ARTICLE 9
(Parliamentary Authority)
The parliamentary procedural rules found in the current edition of Robert's Rules of Order shall
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govern HRDB meetings and actions in all cases where they are not in conflict with these B-y-
laws
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