A RESOLUTION TO AFFIRM POINT PLEASANT BEACH BOROUGH’S CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS AND MEMBERS OF THE PUBLIC WHO COME INTO CONTACT WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS
WHEREAS, it is the policy of Point Pleasant Beach Borough to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulation including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act; and
WHEREAS, the Governing Body of Point Pleasant Beach has determined that certain procedures need to be established to accomplish this policy;
NOW, THEREFORE, BE IT ADOPTED by the governing body of Point Pleasant Beach that:
Section 1: No official, employee, appointee or volunteer of the Borough, by whatever title known, or any entity that is in any way a part of the Borough shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee, volunteer, or entity is engaged in or acting on behalf of the Borough’s business or using the facilities or property of the Borough.
Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough to provide services that otherwise could be performed by the Borough.
Section 3: Discrimination, harassment and civil rights shall be defined, for purposes of this resolution, using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.
Section 4: The Administrator shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.
Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.
Section 6: The Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.
Section 7: The Administrator shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.
Section 8: At least annually, the Borough Clerk shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough’s web site.
Section 9: This resolution shall take effect immediately.
Section 10: A copy of this resolution shall be published in the official newspaper of the municipality in order for the public to be made aware of this policy and the Borough’s commitment to the implementation and enforcement of this policy.
I, Eileen A. Farrell, Municipal Clerk, do hereby certify the foregoing to be a true copy of a resolution adopted by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, on the 1st day of January 2024.
Eileen A. Farrell, RMC
MOTION BY: Councilwoman Testa
SECOND BY: Councilman Gant
VOTING AYE: Councilmembers Testa, Byrnes, Ramos, Crowley, Gant
VOTING NAY: None