This issue got international attention. Overall, the public reaction was very positive and welcomed. This ordinance adopts the state law, but allows us to address these issues locally and more timely than passing along to the District Attorney (who would more than likely address if the issue was very significant and cause substantial harm). It also allows us to address parents that enable or ignore the behaviors of their children and their child repeats the offense within 90 days.
May 6, 2013
Detective Sergeant Losby provided information on Ordinance 5-13-645 Prohibiting Bullying and Harassment. Extensive work has gone into this with many revisions made. This Ordinance adopts State statutes including bullying, a course of conduct, and harassment Citywide as well as in the schools. It also prohibits cyber-bullying and retaliation and includes parental responsibility. This would be used rarely to issue a municipal citation in extreme cases of constant behavior problems.
Mayor Miller expressed concern about penalties being imposed without the offer of help, and was assured Police Officers have received applicable training. Alder Holmquist reported the School District and School Board has reviewed this, and agree the parental responsibility clause urges corrective action, but they are aware that there may be other issues that require other interventions. Alder Thomas reported the schools will continue their efforts, but this addresses conduct outside the school’s jurisdiction, and will be used when all else fails. Alder Busse stated that while this is State law already, the City will be allowed act more quickly with a municipal citation than the District Attorney.
Sergeant Losby stated parental involvement is required for children aged 11 and under. There have been many cases of non-cooperative parents. Students and parents will be notified of this law via student handbooks and social media.
Alder Wood questioned a parent’s ability to curb behaviors. City Attorney Cole stated a prior conviction is required to penalize parents, and there are a range of costs for the 1st through 3rd offense. A rebuttal presumption is in place. Truancy and property damage already carry parental responsibility. Case by case discretion will be used so parents who are making efforts won’t be penalized.
Sergeant Losby reported Cottage Grove is waiting to adopt this Ordinance until Monona takes action. Once adopted, he will send this out to all Dane County jurisdictions. Monona will be one of the first few municipalities to adopt a bullying Ordinance.
Alder Busse requests a list of penalties for the next meeting, and questions whether other penalties, like community service, have been considered. Alder Thomas stated passing an Ordinance like this proclaims the community’s values and respect for one another.
May 20, 2013
May 6, 2013
Detective Sergeant Losby provided information on Ordinance 5-13-645 Prohibiting Bullying and Harassment. Extensive work has gone into this with many revisions made. This Ordinance adopts State statutes including bullying, a course of conduct, and harassment Citywide as well as in the schools. It also prohibits cyber-bullying and retaliation and includes parental responsibility. This would be used rarely to issue a municipal citation in extreme cases of constant behavior problems.
Mayor Miller expressed concern about penalties being imposed without the offer of help, and was assured Police Officers have received applicable training. Alder Holmquist reported the School District and School Board has reviewed this, and agree the parental responsibility clause urges corrective action, but they are aware that there may be other issues that require other interventions. Alder Thomas reported the schools will continue their efforts, but this addresses conduct outside the school’s jurisdiction, and will be used when all else fails. Alder Busse stated that while this is State law already, the City will be allowed act more quickly with a municipal citation than the District Attorney.
Sergeant Losby stated parental involvement is required for children aged 11 and under. There have been many cases of non-cooperative parents. Students and parents will be notified of this law via student handbooks and social media.
Alder Wood questioned a parent’s ability to curb behaviors. City Attorney Cole stated a prior conviction is required to penalize parents, and there are a range of costs for the 1st through 3rd offense. A rebuttal presumption is in place. Truancy and property damage already carry parental responsibility. Case by case discretion will be used so parents who are making efforts won’t be penalized.
Sergeant Losby reported Cottage Grove is waiting to adopt this Ordinance until Monona takes action. Once adopted, he will send this out to all Dane County jurisdictions. Monona will be one of the first few municipalities to adopt a bullying Ordinance.
Alder Busse requests a list of penalties for the next meeting, and questions whether other penalties, like community service, have been considered. Alder Thomas stated passing an Ordinance like this proclaims the community’s values and respect for one another.
May 20, 2013
Sergeant Losby reported changes were made to the following final document with current State statutes
and the City Attorney’s recommendations, and penalties added as the Council requested.
A motion by Alder Holmquist, seconded by Alder Thomas to approve Ordinance 5-13-645 Prohibiting Bullying and Harassment, was carried.
AN ORDINANCE PROHIBITING BULLYING AND HARASSMENT
WHEREAS, bullying and harassment disrupt a safe environment in the city; interfere with one’s ability to succeed or excel in a safe environment in the city and interfere with one’s ability to participate in or benefit from programs, activities, worksites and opportunities offered to the community; and
WHEREAS, the Common Council finds it is in the public interest to assure that every person is valued and respected regardless of perceived differences, and may live free from bullying, harassment and intimidation.
NOW, THEREFORE, the Common Council of the City of Monona, Dane County, Wisconsin, does ordain as follows:
SECTION 1. Section 11-1-1 of the Code of Ordinances is hereby amended to include the following state statutes as adopted, or if previously adopted, to readopt, and incorporate into the Code of Ordinances:
947.01 -
947.012- -
947.0125 -
947.013- -
SECTION 2. Section 11-2-17 of the Code of Ordinances is hereby created to read as follows:
Disorderly Conduct
Unlawful Use of a Telephone
Unlawful Use of Computerized Communication Systems Harassment
11-2-17 Bullying, Harassment
(a) Definitions. As used in this section, the following terms shall have the following meanings,
unless the context clearly indicates that a different meaning is intended:
Bullying: Bullying is a form of harassment and is defined as an intentional course of conduct which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person and which serves no legitimate purpose.
Course of Conduct: “Course of conduct” is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
Harassment: “Harassment” is defined as any conduct; whether verbal, physical, written, or by means of any mode of communication; which:
Is prohibited by section 947.01, 947.012, 947.0125, or 947.013 of the Wisconsin Statutes; or
Is any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment, and which serves no legitimate purpose.
(b) Prohibition. It shall be unlawful for any person to engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.
(c) Retaliation Prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
(d) Constitutionally Protected Activity. This section shall not be construed to apply to any constitutionally protected activity or speech.
(e) Parental Responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under eighteen (18) years of age to allow or permit such person to violate the provisions of subsection (b) above. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of subsection (b) by the same minor occurring within ninety (90) days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
(f) Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in Section 1-1-7.
SECTION 3. This ordinance shall take effect upon passage and publication as provided by law.
A motion by Alder Holmquist, seconded by Alder Thomas to approve Ordinance 5-13-645 Prohibiting Bullying and Harassment, was carried.
AN ORDINANCE PROHIBITING BULLYING AND HARASSMENT
WHEREAS, bullying and harassment disrupt a safe environment in the city; interfere with one’s ability to succeed or excel in a safe environment in the city and interfere with one’s ability to participate in or benefit from programs, activities, worksites and opportunities offered to the community; and
WHEREAS, the Common Council finds it is in the public interest to assure that every person is valued and respected regardless of perceived differences, and may live free from bullying, harassment and intimidation.
NOW, THEREFORE, the Common Council of the City of Monona, Dane County, Wisconsin, does ordain as follows:
SECTION 1. Section 11-1-1 of the Code of Ordinances is hereby amended to include the following state statutes as adopted, or if previously adopted, to readopt, and incorporate into the Code of Ordinances:
947.01 -
947.012- -
947.0125 -
947.013- -
SECTION 2. Section 11-2-17 of the Code of Ordinances is hereby created to read as follows:
Disorderly Conduct
Unlawful Use of a Telephone
Unlawful Use of Computerized Communication Systems Harassment
11-2-17 Bullying, Harassment
(a) Definitions. As used in this section, the following terms shall have the following meanings,
unless the context clearly indicates that a different meaning is intended:
Bullying: Bullying is a form of harassment and is defined as an intentional course of conduct which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person and which serves no legitimate purpose.
Course of Conduct: “Course of conduct” is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
Harassment: “Harassment” is defined as any conduct; whether verbal, physical, written, or by means of any mode of communication; which:
Is prohibited by section 947.01, 947.012, 947.0125, or 947.013 of the Wisconsin Statutes; or
Is any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment, and which serves no legitimate purpose.
(b) Prohibition. It shall be unlawful for any person to engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.
(c) Retaliation Prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
(d) Constitutionally Protected Activity. This section shall not be construed to apply to any constitutionally protected activity or speech.
(e) Parental Responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under eighteen (18) years of age to allow or permit such person to violate the provisions of subsection (b) above. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of subsection (b) by the same minor occurring within ninety (90) days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
(f) Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in Section 1-1-7.
SECTION 3. This ordinance shall take effect upon passage and publication as provided by law.
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