[HISTORY: Adopted by the Mayor and Council of the Borough
of Ridgefield 1-23-2012 by Ord. No. 2190. Amendments noted where
applicable.]
This chapter shall be known as the "Ordinance Establishing an
Anti-Bullying Policy, Procedures and Programs by and within the Borough
of Ridgefield."
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.
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.
For purposes of this chapter, the following definitions are
established:
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:
Placing the person or persons in reasonable fear of harm to
the person or person's property;
Causing a substantially detrimental effect on the person or
person's physical or mental health;
Substantially interfering with the person or person's job
performance; or
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.
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.
A structure or parcel of land that is owned or operated by
the Borough of Ridgefield, including any of its departments and subdivisions.
Bullying is prohibited to the extent such bullying takes place
in connection with a covered activity or on covered property.
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.
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]
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.
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:
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.
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.
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.
