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2015-006 Resolution Establishing a Policy for Citizen Appointment to Certain City Advisory or Volunteer BoardsRESOLUTION NO. 2015 -006 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 Il, 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 -2- 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 thisQq! day of M , 2015• APPROVED: ATTEST: CITY OF OCOEE, FLORIDA " 44kenbe e ikenberry, City Clerk S. Scott Vandergrift, Mayo (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ZEday of +IF�i (9-- , 20 SHUFFIELD, LOWMAN & WILSON, P.A. By: L) City A APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. I ja _ -3-