Borough of Ridgefield, NJ Chapter 133 Anti-Bullying Policy, Procedures and Programs

[HISTORY: Adopted by the Mayor and Council of the Borough of Ridgefield 1-23-2012 by Ord. No. 2190. Amendments noted where applicable.]

§ 133-1 Short title.

This chapter shall be known as the "Ordinance Establishing an Anti-Bullying Policy, Procedures and Programs by and within the Borough of Ridgefield."

§ 133-2 Statement of purpose.

The Mayor and Council of the Borough of Ridgefield hereby finds and determines that bullying is a problem that is pervasive in today's society; that children are more susceptible to bullying, and its effects, although it is a problem that potentially infects all aspects of human interaction, including necessarily Borough programs, facilities and employment; that the municipal government of the Borough of Ridgefield has an obligation, to the extent it is able, to identify, educate about, inform, and eradicate, to the extent possible, bullying from Borough programs, buildings, grounds and employment; that education and information are the best ways to eliminate this conduct and its deleterious effects; and that the Borough will undertake its obligation, to the extent it is able, to eliminate this behavior.

§ 133-3 Statement of policy.

The Borough of Ridgefield prohibits acts of bullying in or on Borough buildings and properties, and in connection with the providing and implementation of Borough services and programs. The Mayor and Council of the Borough of Ridgefield has determined that a safe and civil environment is required and appropriate in order that Borough officers and employees be able to properly perform their job functions and duties, and so that Borough residents may optimally participate in or receive Borough services or programs. Bullying is conduct that disrupts both the Borough workplace and the delivery of Borough services and enjoyment of Borough programs. The Borough of Ridgefield adopts, as a central purpose and goal of municipal government, a policy to eliminate bullying in the workplace, on Borough property and in connection with the delivery and enjoyment of Borough services and programs to the extent it is able to do so. The Borough recognizes that education and awareness are primary tools in eliminating this behavior.

§ 133-4 Definitions.

For purposes of this chapter, the following definitions are established:

BULLYING

Any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a person or persons in or on a covered activity or covered property that has or can be reasonably predicted to have the effect of one or more of the following:

A. Placing the person or persons in reasonable fear of harm to the person or person's property;

B. Causing a substantially detrimental effect on the person or person's physical or mental health;

C. Substantially interfering with the person or person's job performance; or

D. Substantially interfering with the person or person's ability to participate in or benefit from the services, activities, or privileges provided by the Borough. Bullying, as defined in this subsection, may take various forms, including without limitation one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is meant to be illustrative and nonexhaustive.

COVERED ACTIVITY

Any Borough-sponsored program, event or activity, including, but not limited to, Borough-sponsored recreation programs and activities; and the performance by Borough officers and employees of their employment-related duties.

COVERED PROPERTY

A structure or parcel of land that is owned or operated by the Borough of Ridgefield, including any of its departments and subdivisions.

§ 133-5 Bullying prohibited.

Bullying is prohibited to the extent such bullying takes place in connection with a covered activity or on covered property.

§ 133-6 Anti-Bullying Committee.

A. The Borough hereby establishes an Anti-Bullying Committee (hereinafter the Committee), to be charged with responding to reports of bullying, investigating reports of bullying and, where warranted, determining appropriate responses to incidents of bullying, including remedial action and consequences as deemed appropriate. The Committee shall also be charged with investigating and implementing programs and methods to inform and educate the various segments of the Ridgefield community about bullying, its effects and ways and methods to deal with same. Effective January 1, 2020, the Committee shall consist of nine members and four alternates to be appointed by the Mayor with the advice and consent of the Council. One of the members shall be a high school student between the ages of 14 and 18. Committee members and alternates shall serve for a three-year term to run on a calendar-year basis. Appointments shall be staggered so that three persons will be up for reappointment every year. The initial appointment of alternate members of the Committee will be one year. Vacancies shall be filled in the same manner as the appointment to fill the unexpired term of the member who has left office.

[Amended 2-27-2012 by Ord. No. 2197; 1-28-2013 by Ord. No. 2216; 9-6-2017 by Ord. No. 2327; 11-12-2019 by Ord. No. 2371]

B. Each member of the Committee shall receive appropriate training prior to commencement of the Committee's duties as established under this chapter. All Committee members shall receive the appropriate training before assuming their seat on the Committee.

C. The Mayor and Council shall select a Chairperson and Vice Chairperson who shall preside at Committee meetings. The Mayor and Council shall also appoint on a calendar-year basis a member of the Council to serve as a Council liaison to the Committee. In addition, there shall be a liaison to the Committee from the Police Department, which person shall be assigned by the Chief of Police and appointed by the Council.

[Amended 2-27-2012 by Ord. No. 2197]

D. The Committee shall be charged with establishing policies and procedures for receiving and investigating reports of alleged incidents or occurrences of bullying as proscribed by this chapter, for conducting investigations regarding same and for determining appropriate responses, including but not limited to, remedial actions and/or consequences. The Committee is also charged with investigating and recommending to the Mayor and Council such means and methods of informing and educating the Ridgefield community about bullying.

§ 133-7 Reporting incidents of bullying.

A. Allegations of incidents or occurrences of bullying as proscribed by this chapter may be made in writing to the Committee on a simple form to be promulgated by the Committee, describing in as much detail as possible all facts and circumstances regarding the allegations of the incident or occurrence of bullying. The Committee shall thereafter investigate all reported incidents of allegations of bullying and thereafter make determinations as to whether an act of bullying, as prohibited by this chapter, has occurred and, if so, the appropriate response as well as consequences and remedial action, if appropriate.

B. Allegations of incidents or occurrences of bullying by police officers in their official capacities shall not be acted upon by the Committee. Instead, credible allegations of incidents or occurrences of bullying by members of the Police Department in their official capacity shall be forwarded to the Chief of Police and Mayor and Council for further action as appropriate under existing law. In accordance with existing law, the Committee shall not investigate nor impose a remedial measure or consequence in connection with allegations concerning police officers in the performance of their duties.

[Added 2-27-2012 by Ord. No. 2197]

§ 133-8 Committee responses and remedial action plans.

The Committee, if it determines, by a preponderance of the available evidence, that an act of bullying has occurred, shall, based on all attendant circumstances, recommend remedial measures and/or the imposition of consequences, as it deems appropriate. Recommendations for remedial measures and consequences shall be accompanied by a brief written statement by the Committee setting forth the factual basis and rationale for its determinations. The Committee shall consider all attendant circumstances, including but not limited to, the following:

A. Age, developmental and maturity level of the parties involved and their relationship to the Borough;

B. Degree of harm;

C. Surrounding circumstances;

D. Nature and severity of the behavior;

E. Incidences of past or continuing patterns of behavior;

F. Relationship between the parties involved;

G. Context in which the alleged incidents occurred;

H. The offending party's receptiveness and willingness to follow and/or participate in remedial measures previously recommended by the Committee;

I. The persuasiveness of the proofs as to the incident or occurrence of bullying.

§ 133-9 Remedial measures and consequences.

In any instance when the Committee shall determine that an act or incident of bullying has occurred, it may recommend remedial measures and/or consequences as the Committee deems fit.

A. As to nonofficers and -employees, remedial measures may include any one or more of the following:

(1) Corrective instruction or other relevant learning or service experience;

(2) Attendance at an approved counseling program dealing with bullying;

(3) Completion of an appropriate course of education or other similar program dealing with bullying.

B. As to nonofficers and -employees, consequences may include:

(1) Declaration that the offending party has committed an act or incident of bullying;

(2) An admonishment;

(3) Suspension or removal from the Borough's services or programs as appropriate;

(4) Under appropriate circumstances, referral to the Police Department for investigation as a possible criminal act or act of juvenile delinquency, as defined by state statutes.

C. As to officers and employees, the recommended remedial measures and consequences shall be as set forth above, except that the report of the Committee with its findings and recommendations shall be directed to the supervisor or department head of the employee or officer involved, which supervisor or department head shall be ultimately charged with implementing the recommendations.

§ 133-10 Implementing policy of education and information.

The Committee shall investigate and recommend to the Mayor and Council methods and means for educating the Ridgefield community about bullying, including, but not limited to, identification of bullying, the effects of bullying and the means and methods to remediate and/or eliminate bullying. The Mayor and Council, following receipt of these recommendations, shall adopt and implement programs to educate and inform various segments of the Ridgefield community about bullying, its effects and eradication.

§ 133-11 Policies and procedures manual.

The Mayor and Council hereby resolves to amend its policies and procedures manual so that it is consistent with the spirit and letter of this chapter. Upon final adoption of this chapter, the Borough Attorney be and hereby is authorized and directed to prepare for consideration by the Council an appropriate amendment to the policies and procedures manual consistent with this section.