2018-30289 ResolutionRESOLUTION 2018 -30289
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
MIAMI BEACH, FLORIDA, RECOGNIZING UNITED NATIONS
ANTI - BULLYING DAY ON MAY 4TH; DIRECTING THE CITY
ADMINISTRATION TO REVIEW AND, IF APPLICABLE,
PROPOSE. AMENDMENTS TO ANY EXISTING ANTI - BULLYING
POLICIES (OR TO PROPOSE NEW ANTI - BULLYING
POLICIES) FOR CITY SERVICES, CITY - SUPPORTED
SERVICES, AND CITY FACILITIES; ESTABLISHING
GUIDELINES FOR SUCH POLICIES; REQUIRING THAT SUCH
POLICIES PROTECT INDIVIDUALS ON THE BASIS OF THE
PROTECTED CLASSES SET FORTH IN THE CITY'S HUMAN
RIGHTS ORDINANCE, AS MAY BE APPLICABLE; AND
PROVIDING THAT THE CITY ADMINISTRATION SHALL
PRESENT SUCH POLICIES TO THE AD HOC ANTI - BULLYING
TASK FORCE PRIOR TO CITY COMMISSION APPROVAL.
WHEREAS, bullying creates a climate of fear and disrespect that can seriously impair
the physical and psychological well -being of its victims, creating conditions that negatively affect
learning, and thereby undermining the ability of students or other individuals to achieve their full
potential; and
WHEREAS, bullying has become the subject of local, state, and national concern,
resulting in an increased focus on prevention in Florida schools; and
WHEREAS, on September 27, 2016, the Mayor and City Commission adopted
Ordinance No. 2016 -4034, amending the protected classes set forth in the City of Miami Beach
Human Rights Ordinance to include ancestry, height, weight, domestic partner status, labor
organization membership, familial situation, and political affiliation, and to provide that the
Human Rights Ordinance shall apply to actual and perceived membership in a protected class;
and
WHEREAS, in 2012, the United Nations dedicated May 4th as "U.N. Anti - Bullying Day,"
in recognition of the severe social and societal harms associated with bullying; and
WHEREAS, in view of the 10th anniversary of Miami Beach Gay Pride, and U.N. Anti -
Bullying Day, SAVE has approached City of Miami Beach ( "City ") elected officials to encourage
the City to further develop its anti- bullying policies (see Exhibit "A"); and
WHEREAS, in 2012, Washington, D.C. Mayor Vincent C. Gray signed into law the Youth
Bullying Prevention Act of 2012 (attached hereto as. Exhibit "B "), creating a Youth Bullying
Prevention Task Force, which later developed a District -wide Model Bullying Prevention Policy;
and
WHEREAS, on December 13, 2017, the Mayor and City Commission adopted
Resolution No. 2017- 30109, accepting the recommendation of the LGBTQ Advisory Committee
and creating an Ad Hoc Anti- Bullying Task Force to provide recommendations to the Mayor and
City Commission for the development of anti - bullying policies and laws to protect youth from
bullying in all City services, City- supported services, and City facilities; and prescribing the
duties, composition, manner of appointment, and term of office of Task Force members; and
WHEREAS, in furtherance of the objectives set forth in Resolution No. 2017- 30109, the
Mayor and City Commission now desire to (1) direct the City Administration to review and, if
applicable, propose amendments to any existing anti- bullying policies (or to propose new
policies) for City services, City - supported services, and City facilities; (2) establish guidelines for
such policies; (3) require that such policies protect individuals on the basis of the protected
classes set forth in the City's Human Rights Ordinance, as may be applicable; and (4) provide
that the City Administration shall present such policies to the Ad Hoc Anti- Bullying Task Force
prior to City Commission approval.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
(1) The City Administration is hereby directed to review and, if applicable, propose
amendments to any existing anti- bullying policies (or propose new anti - bullying
policies) for City services, City - supported services, and City facilities.
(2) Each policy should include the following:
a. A definition of bullying;
b. A statement prohibiting bullying;
c. A statement that the policy applies to participation in City- sponsored
functions;
d. The expected code of conduct;
e. A list of the consequences that can result from an identified incident of
bullying, which are designed to:
i. Appropriately correct the bullying behavior;
ii. Prevent another occurrence of bullying or retaliation;
iii. Protect the target of the bullying;
iv. Be flexible so that in application they can be unique to the individual
incident and varied in method and severity based on the:
1. Nature of the incident;
2. Developmental age of the person bullying; and
3. Any history of problem behavior from the person bullying;
f. A procedure for reporting bullying or retaliation for reporting an act of bullying;
2
g.
A procedure for offering or referring behavioral health or counseling services
to a person accused of bullying as well as to a person who is the target of
bullying;
h. A procedure for prompt investigation of reports of violations of the policy and
of complaints of bullying or retaliation, including the name and contact
information of the person responsible for investigating reports;
An appeal process for a person accused of bullying or a person who is the
target of bullying who is not satisfied with the outcome of the initial
investigation; and
A statement that prohibits retaliation against any person who reports bullying,
including the possible consequences for a person who engages in retaliatory
behavior.
(3) As may be applicable to each particular City department or program, the City's anti
bullying policies must protect individuals on the basis of the protected classes set
forth in the City's Human Rights Ordinance: actual or perceived differences of race,
color, national origin, religion, sex, intersexuality, gender identity, sexual orientation,
marital and familial status, age, disability, ancestry, height, weight, domestic partner
status, labor organization membership, familial situation, and political affiliation.
(4) The City Administration shall present any proposed anti - bullying policies to the City's
Ad Hoc Anti- Bullying Task Force prior to City Commission approval.
PASSED and ADOPTED this dc day of April , 2018.
ATTEST:
Rafa ' Granad
City Ierk
Dan Gelber
Mayor
(Sponsored by Commissioner John Elizabeth Aleman)
F:WTTO \KALN \RESOLUTIONS\Anti- bullying policies.docx
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APPROVED AS TO
FORM & LANGUAGE
& F(L E ECUTION
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Date
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