Item #12 Resolution Establishing a Policy for Citizen Appointment to Certain City Advisory or Volunteer Boards�` %
Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: April 7, 2015
Item # 101
Reviewed By:
Contact Name: Scott Cookson, Esq. Department Director:
Contact Number: (407) 581 -9800 City Manager: Rob Frank
Subject: Resolution Establishing a Policy for Citizen Appointment to Certa n City Advisory or
Volunteer Boards
Background Summary:
The City of Ocoee encourages citizen participation in City government. Based on the needs of the City and
requirements of Florida law, the City has established a number of advisory boards to which citizens can apply.
Because of the unique nature of service on certain citizen boards, and to avoid any inadvertent violation of the
Florida Constitutional requirement that prohibits dual office holding by certain volunteer officeholders, staff
recommends that no person shall serve on more than one of the following boards:
- Code Enforcement Board
- Board of Adjustment
- Violations Hearing Board
- Planning and Zoning Commission /Local Planning Agency
- Police Officers and Firefighters' Retirement Trust Fund Board of Trustees
- General Employees' Retirement Trust Fund Board of Trustees
Subject to Florida law, nothing herein shall be construed as preventing service on multiple boards not listed
above nor on one of the foregoing boards and any one or multiple boards not listed above.
Issue:
Should the Honorable Mayor and City Commissioners approve a resolution establishing a policy that allows
citizen service on only one board at a time on specific boards?
Recommendations
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the resolution.
Attachments:
Resolution
Financial Impact:
N/A
Type of Item:
(please mark with an 'Y)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept. Use:
Consent Agenda
Public Hearing
Regular Agenda
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 () N/A
City of Ocoee • 150 North Lakeshore Drive - Ocoee, Florida 34761
phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ESTABLISHING A POLICY FOR CITIZEN APPOINTMENT
TO CERTAIN CITY ADVISORY OR VOLUNTEER
BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, in order to encourage citizen participation in the City of Ocoee's (City)
government and involvement in the City's processes, the City has established a number of advisory
boards and volunteer boards to which citizens can apply; and
WHEREAS, the City encourages citizen participation on its advisory or volunteer boards
and has established an application process to ensure qualified citizens of Ocoee and, where
applicable, citizens from outside of Ocoee, may apply to be appointed to serve on a City advisory
board or volunteer board; and
WHEREAS, Article II, Section 5 of the Florida Constitution prohibits a person from
engaging in dual officeholding, which is a situation where one person holds more than one state,
county, or municipal office, where there is a delegation of a portion of the sovereign power to the
person filling the office; and
WHEREAS, in an effort to avoid any risk of an inadvertent violation of the dual
officeholding provision in the Florida Constitution and to further encourage broad citizen
participation on all City advisory or volunteer boards, the City Commission hereby declares that
citizen service on certain advisory or volunteer boards may, in some cases, restrict service on
certain other advisory or volunteer boards.
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 Florida Constitution and Chapter 166,
Florida Statutes.
SECTION 2. Findings of Fact The City Commission hereby finds and declares that, as
a matter of policy, no person may serve on more than one of the following City advisory or
volunteer boards:
Code Enforcement Board
Board of Adjustment
- Violations Hearing Board
- Planning and Zoning Commission/Local Planning Agency
- Police Officers and Firefighters' Retirement Trust Fund Board of Trustees
- General Employees' Retirement Trust Fund Board of Trustees
Subject to Florida law, nothing herein shall be construed as preventing service on multiple
boards not listed above nor on one of the foregoing boards and any one or multiple boards not
listed above.
SECTION 3. Existing Board Members This policy shall take effect immediately upon
adoption; however, persons serving on more than one of the boards listed in Section 2, above,
may continue such service until the first of their current terms expire. After expiration of said
board member's current term on the first board, he /she may only thereafter serve in accordance
with the provisions of Section 2.
SECTION 4. 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
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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 5. Effective Date This Resolution shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 20_
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this _ day of , 20
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
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