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8.0. ICESR 04-09-2013 City of a Elk MEMORANDUM River TO: Arena Commission FROM: Rich Czech, Arena Manager DATE: April 9, 2013 SUBJECT: Managers Report Olympic Dehumidifier The dehumidifier for the Olympic rink was installed in 1998. Due to its age some of the main components in the system are worn to the point where they no longer operate efficiently, resulting in higher operation costs and impacting the condition of the ice. On March 4th the City Council awarded the bid to Midwest Mechanical Solutions. Their quote was $65,416.81,which was the lower of two quotes. The work rebuilding the dehumidifier will begin about mid-May, and should be completed within a week. Back Ground Screening Policy The cih is adopting a new back ground screening policy that will take effect January 1, 2014. Michael Hecker, the City's Parks and Recreation Director will be in attendance to review the new policy with the commission. Attached for your review is a copy of the proposed Back Ground screen policy. Minnesota Enclosed Sports Arena Air Quality Rules The Department of Health regulates the air quality for enclosed sports arena from harmful levels of carbon monoxide and nitrogen dioxide that are given off by combustion engines. Enclosed arenas must be certified with the department and must maintain acceptable air quality levels set by the department. The current ruling defines acceptable air quality levels of 30 parts per million of carbon monoxide and .05 parts per million of nitrogen dioxide. The proposed rule would reduce the levels to 20 parts per million for carbon monoxide and .03 per million of nitrogen dioxide. Other parts of the ruling,if adopted,would require qualified personnel to be on staff or be readily available to take an air quality read if a customer would requested it. An all-electric arena, like Elk River,would not be required to take routine testing unless fuel burning equipment was brought in. IEE1 II C::A Users VlestbyVAppDara\Local\Microsoft A Windows\Temporary Internet Files VContent.OUdook\WR4XS3QCVArena � IUI NA }�� Managers Report.doc iP • Events This spring the Arena is hosting Bonnie's Bouquet which will be held on Thursday May 9th. The bouquet is a unique idea that will bring a variety of different vendors together under one roof. Other events are; A.C. Expo Gun Show, Saturday and Sunday April 27'h and 28th Elk River Arena's 23'il Annual Arts and Craft Fair Saturday May 4t''and Sunday May 5th Just Between Friends, kid's consignment sale, May 16th — 18th Elk River Arena Skate Show May 17th and 18th Summer Maintenance Summer projects will include painting the locker rooms, hallways,lobby area,and bleacher hand rails. The bleachers will get a detailed cleaning along with the rink boards and glass. The compressors are scheduled to get a top end rebuilt later on this summer and filters in the system will be replaced. C:AUsscn V lestbyA AppDataA Local\MicrosoftA Windows\Temporary Internet hies\Content.Ootlook\WR4XS3QUVArena Managers Report doe • °tyof CITY OF ELK RIVER Elk p BACKGROUND SCREENING POLICY River Adopted March 4, 2013 Effective January I, 2014 Background Screening: An Exercise of Reasonable Care The saying that a "bad volunteer is better than no volunteer" is untrue and dangerous, and should never be considered appropriate when selecting volunteers and employees, especially those who will work with children, youth, and vulnerable adults. While municipal parks and recreation departments and youth organizations across the country depend on volunteerism, failing to take reasonable steps to screen employees and/or volunteers for risk factors related to the toles they will play leaves such organizations, their volunteers and employees, and most importantly, their participants at unacceptable risk. While no background screening process can be absolutely comprehensive, and none can offer a guarantee of safety, the City of Elk River hopes that by implementing a strong policy and procedures will enhance public safety, engender public confidence, and reduce the risk of exposure to liability associated with failing to conduct reasonable background checks. The City believes that a thorough background screening process will assist the City and the community to provide quality programming in which safety is always the top priority. Policy Coverage This Background Screening Policy shall apply to: • All volunteers and applicants for volunteer positions with the City of Elk River who will be, or who reasonably may expected to be,working directly with children,youth or vulnerable adults. • All applicants, employees and volunteers of City Field & Facility Use Permit holders (referred to throughout this policy as "Permit Holders") who arel8 years of age and above and who will be, or who reasonably may expected to be,working directly with children, youth or vulnerable adults in connection with performing services for the Permit Holder. • To the extent permitted under City ordinance, to all applicants for, and employees in, paid positions with the City's Parks and Recreation Department who will or might have such contact. Policy Purpose To protect the safety and well-being of children, youth, and vulnerable adults participating in Parks and Recreation programs of the City of Elk River as well as such persons participating in programs administered by Permit Holders, the City of Elk River considers thorough background screening to be an exercise of reasonable care, and has therefore adopted the following policy. Background Screening Policy Page 1 • Policy Responsibility The Parks and Recreation Director or his/her designee will be responsible for administration of this policy. The responsibilities of the Parks and Recreation Director under this policy shall include establishing all necessary forms and procedures for implementation of the policy, including but not limited to issuing forms for consent and notice to individuals who will be subject to background checks and the maintenance and enforcement of confidentiality standards. Policy Effective Date This policy shall become effective January 1, 2014, and shall be effective thereafter unless and until it is rescinded or otherwise modified by action of the City Council. POLICY The City requires particularized background screening for all persons to whom this policy is made applicable in the section "Policy Coverage" above. Before any person covered by this policy may engage in any activity of the City or of the Permit Holder (as the case may be) that individual must pass a background screen as particularly prescribed by the City. As a condition of the City's grant of a Field and Facility Use Permit', all City Permit Holders must agree to certify that each of their employees,members, and volunteers who will work directly with children,youth, or vulnerable adults has passed a particularized screen prescribed by the City for such purposes, as set forth in this policy, before such employee, member, or volunteer may participate in any activity connected with the Field Use Permit of that organization. Each City Permit Holder must enforce the background screening requirements of this policy including the consequences resulting from a failed background screening report. The Permit Holder is responsible for the Background Check fee,which may be billed directly to the Permit Holder. The Permit Holder may elect to require its participants to pay the Background Check fee. Failure of the Permit Holder to comply with the requirements of this policy will have consequences that may include suspension and revocation of the Field and Facility Use Permit and other privileges. Each City Permit Holder may also in its discretion choose to require other members of their organization to pass the background screening procedure prescribed by this policy. The City's particular background screen prescribed for its volunteers and employees and others to whom this policy applies will in each case be narrowly tailored to the particular • position with the City or the Permit Holder held or applied for by the individual. The City A 30-day grace period shall apply from the date of an individual's 1$0 birthday in order to allow time for the background screening to be processed. During the 30-day grace period,the individual must be under the direct supervision by a qualified adult who has passed the background check. It is the responsibility of the individual,group,organization,and association to identify the individuals in this situation and to meet the background screening requirement. Upon the conclusion of the 30day grace period,the individual may not participate unless the background screening requirement is met. Background Screening Policy Page 2 will comply, and requires Permit Holders to comply, with all applicable laws regarding background screening. Written (or appropriate electronic) consent must be obtained from each individual who is proposed for a background check by the City or Permit Holder. The City will pay the Background Check fee for its own employment applicants, employees, and volunteers and volunteer applicants, but not for those background checks requested by Permit Holders in compliance with this policy. An appropriate notice of rights must be provided to all such individuals,including notice of his or her right to initiate a dispute with the City's Background Screening Provider over the content of such background check in certain circumstances and to be provided with a copy of any background report relied on by the City or the Permit Holder to disqualify the individual from participation or employment with the City or Permit Holder. Any individual failing a City-prescribed background screening shall not be considered or screened for any position or participation with the City or Permit Holder to which this policy applies for one year from the date of the failed screen's having been conducted. Frequency Each individual required by this policy to be screened shall have a duty to self-report immediately to the City or Permit Holder (as the case may be) any subsequent conviction or other event for which a background screen was conducted at the outset of their employment or participation. In addition, each person to whom this policy applies shall be subject to re-screening every two years, or at such other interval as the City may from time to time determine in its discretion. The Screening Process The Parks and Recreation Director shall prescribe procedures for conducting background checks using the City's electronic database and software. The guiding principles and standards for such procedures are set forth below. The Parks and Recreation Director shall prescribe to the Screening Provider the particular background data to be considered for each particular position and the requirements for passing the screening. Background check reports will be delivered by the Provider on a pass- fail basis only into this database and will be secured with access limited as set by the Parks and Recreation Director or his/her designee for each particular context in which backgrounds checks are to be conducted. An individual who does not pass the background screening shall be given required notices relative thereto in accordance with the federal and state Fair Credit Reporting Acts, including but not necessarily limited to a copy of the "Summary of Your Rights under the Fair Credit Reporting Act", notification that the individual is disqualified from employment or participation, and information on how to dispute the results of the screening. Background Screening Policy Page 3 • The City of Elk River Parks and Recreation Department is a national affiliate of Operation TLC2 Making Communities Safe, a background screening program of the National Recreation and Park Association (NRPA) administered by Southeastern Security Consultants, Inc. (SSCI). SSCI specializes in conducting background checks for volunteers in accordance with parks and recreation industry standard and best practices. The NRPA has reviewed the resources of the National Association of Professional Background Screeners, and sought the counsel of recognized background screening experts to develop a set of recommended guidelines for volunteer background screening. The procedures in this policy have generally been set in accordance with NRPA agency accreditation standards for parks and recreation agencies and NRPA recommendations for a parks and recreation volunteer background screening policy. Every individual required to submit to a background screening must complete, sign, and date the Consent and Waiver Release Form. Electronic signatures may be acceptable in accordance with applicable law. All consent forms must be submitted to the Recreation Division of the Elk River Parks and Recreation Department or to the Permit Holder,whichever is the party to whom services will be rendered by the individual, no later than the date designated by such party. Failure to provide a completed consent form by an announced reasonable deadline may disqualify the individual from participation and/or employment. Falsification of information on any application or the consent/release form is grounds for disqualification/revocation/dismissal. Upon receipt of the consent form by the City Parks and Recreation Director (or his/her designee) or by the Permit Holder, the party receiving the consent will request that SSCI perform the background check of that individual. What the Screening Will Entail The prescribed background screening to be conducted under this policy shall include a search of at least the following sources for particularized data identified as relevant for the position proposed to be held by the individual presented for screening: Social Security Trace. Verifies that the person is who they claim to be. The social security trace provides a history of past and present addresses and names associated with the applicant's social security number, including maiden names and aliases Address Trace. To confirm jurisdictions in which the person has lived during the period to be searched. The address trace confirms current and past addresses to determine the jurisdiction(s) in which the background check will be conducted. State or County Criminal Record Search. In particular jurisdictions selected based on the address trace, searches will be conducted of appropriate criminal records that are job- or participation-related and consistent with the necessity of protecting the safety of our children,youth, and vulnerable adults. National Database Search. A search shall be conducted of a reputable,regularly updated private national database as a means of supplementing (not replacing) the thorough state and county criminal history search. Background Screening Policy Page 4 Sex Offender Registry. A search shall be conducted of all 50 State repositories and the District of Columbia for known, registered sex offenders. Alternative Screening Process and Service Providers Upon application to, and approval by, the Parks and Recreation Director, a Permit Holder may alternatively comply with this policy by conducting background screening that satisfies all the elements of this policy using a background service provider and database and software other than those prescribed by the City under this policy. The Parks and Recreation Director shall provide a form for Permit Holders to seek such approval,which form shall state the criteria for granting the approval sought. Consequences to Field Use Permit Holders for Failure to Comply Failure of a Permit Holder to comply with this policy to the satisfaction of the City shall be cause for the City to impose suspend or revoke a Field Use permit and/or to assess fees and/or extended suspensions against responsible individuals and/or the Permit Holder. Confidentiality The City shall prescribe to the Screening Provider the data to be considered for each particular position and the requirements for passing the screening. Background screening results will be reported into a secure restricted-access database on a pass-fail basis. All information received as a result of the screening shall be treated as confidential private data on individuals and used or disclosed only in accordance with the Minnesota Data Practices Act and other applicable law. Generally, for volunteer and employment positions with the City, the screening results will be available only to the Recreation Manager and his/her background screening designee, the Parks and Recreation Director, the Chief of Police and the City Attorney. Permit Holders shall be responsible for maintaining the confidentiality of background check reports and related information as appropriate within their organizations and for identifying those persons who shall have access to the screening results. In all events, such information must be used solely for the purposes of compliance with this policy. Note is made that in limited circumstances, the City may have a legal duty to disclose such information to third parties, including government agencies. Securing and Retaining Screening Results The City of Elk River is responsible for securing the results of criminal background checks conducted pursuant to this Policy that are reported to the City in an electronic database and retaining them for the time period required by law, or seven years,whichever is greater. Disputes In the event an individual who has been subject to a background check under this policy wishes to dispute the information on which a background check report has been based, the individual must initiate such directly with the Background Check Provider (generally, SSCI). The City of Elk River shall not be responsible for conducting or participating in any such dispute. The resolution of any such dispute shall be governed by the federal and Minnesota Fair Credit Reporting Acts and other applicable law. Background Screening Policy Page The City of Elk River and its employees are not responsible for errors or omissions that may be contained in any background check report made under this policy. Each approved group, organization, and association is required by this policy to accept the findings of the City of Elk River approved background screen vendor and enforce the disqualification. Non-waiver Nothing in this policy shall be construed as a waiver or limitation of the discretion of the City of Elk River to disqualify an individual for a position with the City as an employee or volunteer when, in the sole opinion of the City of Elk River, such disqualification is in the interests of the City of Elk River and not inconsistent with applicable law. p011111 BY NATURE Background Screening Policy Page 6 POLICY REVIEW HISTORY BACKGROUND SCREENING POLICY Approved by City Council March 4, 2013. Background Screening Policy Page 7