Item #09b Proposed Amendment and Resolution to Enabling Legislation Related to Non-Resident Members of the Human Relations Diversity Board ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: August 18, 2015
Item # g b
Reviewed By:
Contact Name: AI Butler, Su ort Services De artment Director: �!� •
Contact Number: 407-905-3100, ext. 1543 City Manager:
Subject: Proposed amendment to enabling legislation related to non-resident members of the Human
Relations Diversity Board.
Background Summary:
The Ocoee City Commission took up the question of appointing a non-resident to the city's Human
Relations Diversity Board (HRDB) at its August 4, 2015 meeting. The discussion eventually centered on
the question of how such decisions may be consistently made. Staff was subsequently directed to work
with the HRDB to develop various options that could be implemented in a resolution. This topic was
taken up at the August 6, 2015 regular meeting of the HRDB, at which time general approaches were
agreed upon, with subsequent e-mail discussion between city staff and the HRDB Chair, Ira Calloway.
The HRDB members agreed that non-residents of the city have the potential to provide specific benefits
and should continue to be eligible for appointment. The HRDB also agreed that there should be a
numeric limit on the number of non-residents appointed. Working with staff, a proposal was developed
that provides the clarity requested by the City Commission while being consistent with the wishes of the
HRDB by modifying Article III, Section B of the current enabling legislation language (the proposed new
language is underlined):
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. In deciding whether to waive
the basic membership requirements, the City Commission shall consider whether the applicant can provide:
1. Representation of an ethic or cultural group not present on the Board;
2. Skills or perspectives not presently available from Board members; and/or
3. Strong links to groups with a similar mission or tangible support of Board activities.
The maximum number of non-residents on the Board at any time may not exceed three (3) persons, and no
non-resident may be appointed to fill the final vacant seat. Anv applicant for appointment to the Board who
does not meet the general basis for membership must include a personal statement explaining the reason for
seeking appointment. The statement must contain supporting evidence relevant to one or more of the three
criteria for consideration in granting a waiver.
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Issue:
The City Commission asked staff to work with the HRDB to provide clarifying language regarding the
appointment of non-residents to the Board.
Recommendations:
Staff recommends that the City Commission adopt the attached Resolution in order to clarify the
conditions under which a non-resident may be appointed to the HRDB.
Attachment: Proposed resolution amending the terms of membership to the HRDB.
Financial Impact: None.
Type of Item: (please mark with an "x,
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
X Resolution )( Regular Agenda
X Commission Approval
Discussion&Direction
_X_ Original Document/Contract Attached for Execution by City Clerk
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
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RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
AMENDING RESOLUTION NO. 2013-007 RELATING TO
THE HUMAN RELATIONS DIVERSITY BOARD BY
ALTERING AND CLARIFYING MEMBERSHIP
QUALIFICATIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article II, 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 2003-21 on
September 16, 2003 creating the Human Relations Diversity Board and adopting its Bylaws; and
WHEREAS, the City Commission subsequently modified Resolution 2003-21 through
the action of Resolutions 2004-11, 2010-10, and 2013-7; 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" in order to clarify the conditions by which the basic requirements for
appointment and membership may be waived by the City Commission.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
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 membership eligibility requirements of the City of Ocoee
Human Relations Diversity Board, as contained in Article III Section B of Exhibit A in
Resolution 2013-7, are hereby amended to read:
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. In deciding whether to waive the basic membership requirements,
the City Commission shall consider whether the applicant can provide:
1. Representation of an ethic or cultural group not present on the Board;
2. Skills or perspectives not presently available from Board members; and/or
3. Strong links to groups with a similar mission or tangible support of Board
activities.
The maximum number of non-residents on the Board at any time may not exceed
three (3) persons, and no non-resident may be appointed to fill the final vacant
seat. Any applicant for appointment to the Board who does not meet the qeneral
basis for membership must include a personal statement explaining the reason
for seeking appointment. The statement must contain supporting evidence
relevant to one or more of the three criteria for consideration in granting a waiver.
SECTION 3. 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 4. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 2015.
CITY OF OCOEE, FLORIDA
Attest:
Beth Eikenberry, City Clerk John Grogan, Mayor
(SEAL)
READ FIRST TIME AND ADOPTED
, 2015, UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, APPROVED
AS TO FORM AND LEGLITY
THIS DAY OF , 2015
Shuffield Lowman and Wilson
By:
City Attorney