Item #10 Approval to Amend Resolution 2015-14, which forms the Enabling Legislation and Bylaws of the Human Relations Diversity Board I\VJPP
ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: June 21, 2016
Item # /d
Reviewed By:
Contact Name: Al Butler, Support Services Department Director: 4.,‘, ,P774
Contact Number: 407-554-7063 City Manager: ,����
Subject: Approval to Amend Resolution 2015-14, which forms the enabling legislation and Bylaws of the
Human Relations Diversity Board.
Background Summary:
The Ocoee City Commission established the Human Relations Diversity Board (HRDB) by legislative
resolution with subsequent amendments, the last being Resolution 2015-014. The legislation provides
for a sequential progression of a Chairman-Elect to Chairman, and then to Past-Chairman positions, with
each post held for one year. Only the Chairman-Elect position is selected by the members through a
majority voting process, normally conducted in July of each year. This three-year process matches the
three-year term of appointment for members of the Board. Recently, the Board voted to request a
change in the term of office for its internally elected officers from one year to two years. This change is
motivated by a desire to better provide continuity of operations and a longer orientation period for the
Chairman-Elect.
Although the Bylaws already say there is no limit to the number of terms an officer may serve,
clarification is clearly needed to explicitly state this provision means that all officers, as a group, can
serve an additional year in office. A set of draft revisions was developed by city staff that provides the
clarification regarding terms of office. It is proposed that the City Commission modify Article 3, Section 2
of the current Bylaws by adding a provision that specifically allows the members to vote to retain the
current slate of officers rather than elect a new Chairman-Elect, which forces changes in the Chairman
and Past-Chairman positions. This modification will allow the Board to vary the length of service for an
additional year while preserving the other elements of the election process:
2. Elected HRDB officers 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.
At the same time, staff proposes a general cleanup of the enabling legislation and HRDB Bylaws so that
redundant and conflicting content is removed and clarification is provided for those portions that
experience has shown need additional guidance.
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Issue:
The HRDB asks the City Commission to revise its Bylaws so that the term of office for elected officers
may be extended beyond one year.
Recommendations:
Staff recommends that the City Commission adopt the attached Resolution in order to better accomplish
the objectives of the HRDB and clarify its legislative intent regarding governance of the advisory board.
The controlling Resolution allows officers to serve multiple terms but does not provide a clear mechanism
for how the term of office can be established. A proposed revision provides this mechanism, which is by
majority vote of the Board. In addition, staff proposes that redundant language be eliminated, such as by
deleting content related to officers from the enabling legislation and keeping it in the Bylaws, removing
the ability of non-members to serve on subcommittees, and generally improving the readability of the
current wording.
Attachment:
• Proposed resolution amending the terms of membership to the HRDB.
• Minutes of the HRDB where they requested the Bylaws change regarding term of office.
Financial Impact: None.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X 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. 2016-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
AMENDING RESOLUTION NO. 2015-14 RELATING TO
THE HUMAN RELATIONS DIVERSITY BOARD BY
CLARIFYING THE PROCESS WHERE OFFICERS MAY
SERVE MORE THAN ONE YEAR; REMOVING
REDUNDANT LANGUAGE; REPEALING THE ABILITY
FOR NON-MEMBERS TO SERVE ON SUBCOMMITTEES;
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, 2013-7, and 2015-14; and
WHEREAS, the City Commission believes it is in the best interest of the city and the
Board to amend Article 4 of the Bylaws of the Human Relations Diversity Board entitled
"Officers" in order to clarify the conditions by which the existing officers may be elected to
serve a subsequent year; remove the provision that allows non-members to serve on Board
subcommittees; remove redundant language that presently appears in the enabling legislation and
the Bylaws; and providing a general reorganization of content to improve readability.
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.
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SECTION 2. Purpose. The language of the enabling legislation and Bylaws contained in
Resolution 2015-14 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.
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 , 2016.
CITY OF OCOEE,FLORIDA
Attest:
Melanie Sibbitt, Acting City Clerk Rusty Johnson, Mayor
(SEAL)
READ AND ADOPTED THIS DAY OF
, 2016, UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF , 2016
Shuffield Lowman and Wilson
By:
City Attorney
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EXHIBIT "A"
I. PURPOSE:
The general purpose 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-making 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. 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
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
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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 Board-sponsored events. 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. 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 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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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 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 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.
D. Members shall be subject to the Florida Sunshine Law.
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. Ex officio 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 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. O—�s:
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.
• _.
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 Chairman Elect shall perform
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C. The 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,
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the Chairman Elect shall become the Chairman.
D. Each officer shall hold office for a term of one (1) year commencing upon
or removal.
IV. Bylaws:
A. The Bylaws for the HRDB shall be as set forth below, which are 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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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
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. Assist the City Commission and staff, as requested.
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ARTICLE 3
thirteen(13)voting members.
2. Qualifications for Membership. Only those persons who are legal residents of the City of
involving moral turpitude are ineligible. The City Commission reserves the right to waive the
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•
•- . - - - •• - . . e -- - P.. ! - . ... . . -
to the diversity of the Community including race, sex, age, religion,disability, sexual orientation,
and ethnic groups.
'1. Term of Appointment. 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. Any member who misses three consecutive regular
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meetings or five regular meetings in a 12 month per.:: -. : - •• . - • . .
. . - - -- - '.! :. .-- - . . . . .
action of the City Commission or is deemed to have resigned through excessive unapproved
. . - , . - -- . . - - - '.! _ - - . .
ARTICLE 43
(Officers)
1. The HRDB shall be governed by four officers: Chairman, Chairman-Elect, Past-
Chairman, and Secretary. The HRDB shall elect from among its members a 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. The City Clerk shall assign a person to serve as secretary of
the HRDB. Said person need not be a member of the HRDB. There is no specific term for this
office; the City Clerk may appoint a new person to fulfill this role as the need arises.
2. Elected HRDB officers 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.
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ARTICLE 54
(Duties of Officers)
1. Duties of the Chairman. The Chairman shall in general supervise and control the affairs
of the HRDB and perform all other duties incident to the office of 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 Chairman-Elect. The Chairman-Elect shall perform the duties of the
Chairman in the absence of the Chairman, chair one or more subcommittees, or undertake
additional duties assigned 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 assigned by the Chairman.
4. Duties of the Secretary. The City Clerk shall assign a person to serve as secretary of the
HRBl. Said person The Secretary 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.
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ARTICLE 65
(Subcommittees)
1. The HRDB may create such subcommittees as may be required to attain its objectives, as
set forth in Article 2. Subcommittee 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 Chairman must be an HRDB member.
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 Chairman.
ARTICLE-76
(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
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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 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 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 meeting.
appropriate for the assigned task. Notification of all subcommittee meetings shall be provided to
Shall be open to the public with notice of the date, place, and time posted at Ocoee City Hall at
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 87
(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.
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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 98
(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.
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