7.6 PRSR 06-12-2019
Request for Action
To
Parks and Recreation Commission
Item Number
7.6
Agenda Section
Action
Meeting Date
June 12, 2019
Prepared by
Steve Benoit, Recreation Manager
Item Description
Field Use Allocation Policy and Procedures
Reviewed by
Michael Hecker, Parks and Receation Director
Reviewed by
Action Requested
Recommend, by motion, adoption of revised Field Use Allocation Policies and Procedures.
Background/Discussion
The Field Use Allocation Policies and Procedures were adopted by City Council April 15, 2013. The
Commission reviewed this policy to determine needed updates during work sessions and regular meetings
over the past several months.
We have made the recommended changes and updates. In addition, the policy was recently reviewed by
the city attorney. Those changes are indicated in the attached copy. Once the Commission adopts the
policy, it will be presented to City Council for final approval. It is anticipated that the updated policy will
be effective January 1, 2020.
Financial Impact
None
Attachments
Field Use Allocation Policies and Procedures Manuel
City of Elk River Parks and Recreation Department Field Use Allocation Policies
and Procedures
Adopted: April 15, 2013
Effective: January 1, 2020
Table of Contents
City Council Resolution 13-21 ......................................................................................................... i
Purpose… ........................................................................................................................................ 1
Introduction .................................................................................................................................... 1
Mission Statement .......................................................................................................................... 1
Statement of Philosophy ................................................................................................................ 2
Definition of Terms… ....................................................................................................................... 3
Field Use Permits… .......................................................................................................................... 3
Priority Group Classifications .......................................................................................................... 4
Allocation Process… ........................................................................................................................ 4
Community Sports Organizations… ................................................................................................ 6
Concussion Awareness… .................................................................................................................7
Maintenance Responsibilities ......................................................................................................... 8
Tournaments… ................................................................................................................................ 9
Insurance Requirements ................................................................................................................. 9
Field Use Rules and Regulations… ................................................................................................ 10
Field Modifications… .....................................................................................................................11
Inclement Weather Policy… .......................................................................................................... 11
Allocation Review Process… .......................................................................................................... 12
Exhibit A National Standards for Youth Sports
Exhibit B Background Screening Policy
Exhibit C Concussion Awareness
Exhibit D Field Rental Rates
RESOLUTION NO. 13- 21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER
RECOGNIZING THE NEED TO CHANGE THE CULTURE IN YOUTH
SPORTS
WHEREAS, it is necessary to change the culture in youth sports to make the experience safe,
positive, and fun for everyone involved; and,
WHEREAS, to ensure that the entire community operates consistently with regard to youth
sports; and,
WHEREAS, we believe in the benefits and attraction of youth sports as a means to teach the
children of our community values and skills that will be of benefit to them
throughout life; and
WHEREAS, we believe in order to realize the true value of youth sports participation and to
provide a safe, positive, and fun environment for youth and their families to
participate, we must raise the standards among the users of our community's youth
sports facilities; and
WHEREAS, the City of Elk River, Parks and Recreation Department Field Use Allocation
Policy outlines a comprehensive community strategy, including a philosophy and
standards to assist us in meeting these objectives; and
WHEREAS, we believe that youth sports organizations and administrators must be educated
on how to provide a safe, positive, and fun youth sports environment before
being granted permits to use City of Elk River park facilities; and
WHEREAS, we believe volunteer coaches must receive orientation and education as to their
individual roles and responsibilities in our community's effort to raise the
standards of youth sports programs and that volunteer coaches become trained
and held accountable for their behaviors; and
WHEREAS, it is necessary and desirable to establish requirements and procedures for youth
sports organizations utilizing City of Elk River park facilities; and
WHEREAS, we believe young children must be given the opportunity to develop motor skills
and sports specific knowledge with their parents in a structured program before
they enter organized sports.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota in a meeting duly assembled and by the authority thereof, recognizes and encourages
official implementation of this resolution to improve the culture of youth sports for all participants.
Passed and adopted this 15th day of April 2013.
ATTEST: (12/
Tina Allard, City Clerk
CITY OF ELK RIVER
FIELD USE ALLOCATION POLICIES AND PROCEDURES
I. PURPOSE OF THIS POLICY
The purpose of this policy manual is to outline the allocation procedures and rental policies for the
permitted use of city athletic fields and facilities. It is also to formalize the policies, procedures and
philosophies of the city in relation to youth sports programs. This policy is to be used by both youth
sport programs organized by the city and youth sports programs organized by partnering
organizations that use city parks and facilities.
II. INTRODUCTION
The city is dedicated to fostering healthy lifestyles and helping the community thrive and recognizes
that sports are a fundamental component of this goal and that field availability is necessary for sports
organizations. As such, the city coordinates and issues permits for the use of city athletic fields for
general public use for recreation activities/programs.
This policy has been established to ensure that the fields and recreation facilities are used for
recreational, educational, and community service functions that meet the needs of the community, as
well as to set clear policies, procedures, regulations and rental rates for such uses. This policy
addresses youth sports specifically for athletic fields. The Elk River Arena, Pinewood Golf Course,
park shelter rentals and facility rentals such as Lions Park Center, Trott Brook Park Barn and the
Activity Center are excluded from this policy there is a separate policy and fee schedule.
III. PARKS AND RECREATION DEPARTMENT
MISSION STATEMENT
Elk River Parks and Recreation is rich in diverse programs and facilities, dedicated to
enhancing lives by inspiring play and embracing the nature of our city.
We support our mission by providing and supporting a variety of recreation and sports programs
that contribute to the health and well-being of people of all ages and abilities. We also have a brand,
“Powered By Nature”, that supports our mission and core values.
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IV. CITY OF ELK RIVER
PARKS AND RECREATION
DEPARTMENT STATEMENT OF
PHILOSOPHY
A. The city is dedicated to creating positive sports environments for our community. This is
done through the development of fair and equitable sports programs. The rules of the game
for all city sporting events, whether as a player, coach or spectator, are sportsmanship, fair
play, and safety. Sports are an essential recreation element that helps build a sense of
community pride, teamwork, exercise, and a better sense of self-worth. This is accomplished
through the following key elements:
• Improving skills
• Building friendships
• Improving healthy lifestyles
• Increase physical activity
• Learning good sportsmanship
All participants’, organizations, parents and coaches are expected to support this philosophy
and to follow the National Standards for Youth Sports, which are incorporated in this policy and
established by the National Alliance for Youth Sports (Attached- Exhibit A).
B. The sports environment must be safe and well maintained. Prudent behavior by adults,
especially involved in youth sports programs, is mandatory and expected by the city.
This philosophy section is the foundation of this policy and was developed through Parks and
Recreation Commission special meetings on youth sports (November and December 2012). A
youth sports meeting with all Elk River Sports organizations was also held on November 29, 2012 at
Elk River City Hall.
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V. DEFINITION OF TERMS
1. Non-profit youth organization is defined as groups or organizations that serve youth and
maintain a non-profit status.
2. Youth status is defined as a person under the age of 18 or a person eligible to participate in
high school-sponsored events.
3. Field Use Permit is a document issued by the city through its field allocation process
indicating that a specific organization has been approved to use a specific field location for
a specific period of time.
4. Allocation is the process used by the city to assign sports field and facilities to
recognized user groups for practice, games, tournaments, and other recognized events.
5. Allocation meeting is a meeting held as deemed necessary by the city with recognized
community sports organizations to receive requests for fields and facilities and to discuss,
prior to allocation, the use of sports fields and facilities.
6. A recognized community sports organization is an approved sports organization that
has submitted all the necessary materials as identified in Section IX
7. Non-profit status. A non-profit organization is an organization that conducts business for
a purpose “not involving monetary gain and paying no dividends to its members” as defined
by the League of Minnesota Cities. To qualify as a nonprofit organization, the organization
must be recognized as a nonprofit by the Minnesota Secretary of State or must have received
a tax exemption from the Internal Revenue Service under Section 501 (c) (3).
8. The Parks and Recreation director or designee is defined as a full time staff member
in the parks and recreation department responsible to oversee the entire youth sports
operation and ensures the Field Use Allocation policy and philosophy are clearly
understood and followed.
VI. FIELD USE PERMITS
1. Field use permits are issued annually following the allocation process outlined in this
policy. A permit is issued only after an allocation request has been made, the city has
approved all or part of the request, all required documents are submitted, proof of
insurance has been shown, and a contract has been signed. A request does not constitute
approval.
2. A field use permit will not be issued if there is any balance due from prior field use.
3. All field users must have a field use permit available for inspection by city staff and police
during each use of a location.
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4. Facility use permits are issued for reservation of non-sports related facilities such as
picnics, and other related park amenities. The permits are independent of the field allocation
process and must be obtained by any organization requesting any park facility for an
organization function.
VII. PRIORITY GROUP CLASSIFICATIONS
Priority use of fields will be allocated as follows:
Group 1 - City-sponsored or co-sponsored events. This includes all city athletic programs
and/or leagues.
Group 2 – Public or private schools located in Elk River, including school athletic
organizations, clubs and varsity teams.
Group 3 - Recognized youth athletic associations as outlined below and determined by
the Parks and Recreation director or designee.
Criteria used to determine recognized associations include:
A. Adherence to requirements set forth in this policy pursuant to section IX,
Community Sports Organizations
B. History of involvement in the Elk River Community
C. 60%Elk River Residents
D. Collaborations with the city
The current recognized list of youth athletic organizations is maintained by the city
and reviewed annually as needed.
Group 4– Non-profit youth organizations comprised of at least 51 percent City of Elk River
residents. The organization must be a recognized community sports organization pursuant
to Section IX, Community Sports Organizations.
Group 5 - All other youth and adult users. This includes religious organizations, for-profit
organizations, tournaments, club teams, clinics and/or camps with individual or team
participation. All coaches must be background checked and have completed coaches
training.
As needed, the city will manage an adjudicatory process in order to review youth athletic
associations with a group 3 priority. The purpose of the review will be to ensure that youth
athletic associations with group 3 priority are adhering to the requirements set forth in this
policy. If it is determined that a youth athletic association needs to be removed from Group
3, the action may be processed through the Parks and Recreation Commission.
Verification of Elk River Residency. Residency will be established as needed by providing
verified rosters from the past season that include the names, addresses, phone numbers, dates of
birth and school attended for all youth participants. The roster must also include the full name,
home address, email address and telephone number of the head coach.
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This information shall be classified as private social recreational data as outlined in
Minnesota Statute 13.548 . The statute specifies that the following data collected and maintained
by political subdivisions for the purpose of enrolling individuals in recreational and other social
programs are classified as private, pursuant to section 13.02 subdivision 12: the name, address,
telephone number, any other data that identifies the individual, and any data which describes the
health or medical condition of the individual, family relationships and living arrangements of an
individual or which are opinions as to the emotional makeup or behavior of an individual.
VIII. ALLOCATION PROCESS
1. The allocation of fields will follow the guidelines of this policy document. Fields will be
allocated and permitted annually as sustainability allows.
2. The city reserves the right to make adjustments in the field allocation process as needed
to address recognized needs or resolve conflicts.
3. The process for the allocation of fields begins with a letter being sent in the fall for the
upcoming year to all recognized sports organizations. An organization must first be
recognized by the city according to Section IX, Community Sports Organizations.
4. Organizations have until a date determined annually by the city to make their requests
for fields and facilities. This includes dates and times for the requests.
5. The city annually set the date to begin the field allocation process by assigning fields dates
and times to various organizations based on the priorities in this policy. Allocations will be
conducted in as fair and equitable manner as possible. However, the city has the discretion
to allocate in the best interest of the city. It may not be possible to grant all requests.
6. Once completed, a field allocation meeting will be held as needed with all youth sports
organizations. The purpose of this annual meeting is to outline the allocations, identify the
need for contracts and notification of when play can begin as well as any specific or special
instructions.
7. Once completed applications are received, all fields will be allocated at the same time using a
consistent set of criteria including but not limited to:
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a. Priority group classifications and sports seasons priorities as outlined in this policy.
b. Organizations meeting the criteria outlined in section IX of this policy.
c. Past history and use of facilities with the city. This includes previous allocation and
use of fields, proper and timely payment, response to requests for information,
compliance with this policy and conditions of fields after use. A request for field
allocation will not be considered unless all invoices for prior use have been paid in
full.
8. Use of allocated fields. Organizations may be requested to provide complete schedules of
field use so that use may be verified by the city. If an allocated field(s) is not used three
times by the designated organization, the field(s) may be reassigned. Prior to reassignment,
the organization will be notified by the city.
IX. COMMUNITY SPORTS ORGANIZATIONS
The city recognizes community sports organizations that provide athletic leagues for youth and
adults. These organizations are authorized to use city facilities to provide team sports for Elk River
residents and are responsible for managing their programs in accordance within the policies and
guidelines outlined in this manual.
In order to be recognized by the city and to be eligible to participate in the field allocation process,
organizations must meet the following criteria:
1. The organization must follow the “National Standards for Youth Sports” as endorsed by
the city (Exhibit A).
2. All coaches in the organization must attend a training and certification clinic acceptable to
the city.
3. The organization must require all coaches to complete a criminal background check that
complies with the city background screening policy. The city policy has been developed
giving consideration to the variety of laws applicable to background screening and the
guidelines and standards of the National Recreation and Park Association's Commission
and Accreditation of Parks and Recreation Agencies standards.
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The city reserves the right to verify any and all criminal background checks. A copy of the
current policy is in Exhibit B.
4. The organization must provide proof of its non-profit status by providing documentation
from the Internal Revenue Service showing that it has a tax exemption under Section
501 (c) (3) or other applicable provision and/or the organization must be registered with the
Minnesota Secretary of State’s office as a nonprofit organization.
5. Each organization must be governed by a board of directors selected by the membership
that manages the operations of the program. The number of volunteers that make up the
board of directors may vary.
6. Registrations must be open to the public regardless of race, creed, gender, national origin,
economic status, ability or disability.
7. As needed, a representative of the organization must attend field allocation meetings
scheduled by the city when an allocation request has been made.
8. Coaches are not authorized to represent the organization unless they are designated in the
organization agreement as an official contact. Coaches need to work through the official
contacts for any requests or issues.
X. CONCUSSION AWARENESS
A. The city and all youth sports community organizations are required to provide training and
information on concussions (Exhibit C). Consistent with Minnesota Statute, Chapter
121A.38 any municipality, business or nonprofit organization that organizes a youth athletic
activity (youth 18 and under) must:
• Make information accessible to all participating coaches, officials, and youth athletes
and their parents or guardians about the nature and risks of concussions; AND
• Requires all coaches and officials to receive initial online training on the nature and
risks of concussions. Training must be repeated every three years.
B. The online training for coaches/officials and information for parents and participants must
be consistent with training provided by the National Centers for Disease Control and
Prevention (CDC) and must address:
• The nature and risks of concussions associated with the athletic activity;
• The signs, symptoms, and behaviors consistent with a concussion;
• The need to alert appropriate medical professionals for urgent diagnosis and
treatment when a youth athlete is suspected or observed to have received a
concussion; AND
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• The need for a youth athlete who sustains a concussion to follow proper medical
direction and protocols for treatment and returning to play.
C. It is recommended for organizations to use the free online course and printable information
found through the CDC program Heads Up: Concussion in Youth Sports. Once coaches and
officials finish the e-learning program and quiz, they can print a certificate demonstrating
completion.
D. All organizations must document compliance with the law by preserving copies of coaches
and officials’ certificates of completion and copies of materials provided to parents and
participants. Proof of this documentation must be provided to the city upon request. It is
not required by law to use the CDC program. Any equivalent program must be prior
approved by the city and it must be consistent with the CDC program.
XI. MAINTENANCE RESPONSIBILITIES
1. Field users are responsible for any and all damage or excessive use to city fields and
property. If after an activity additional maintenance is required (in excess of normal services
or time), the applicant will be charged accordingly.
2. Failure to pay for additional maintenance caused by excessive use or damage of athletic fields
as set forth in this section may result in the immediate loss of existing field allocations, the
revocation of existing permits, and the refusal of future allocation requests.
3. Additional maintenance caused by excessive use will be charged back for time and materials.
These additional maintenance service fees are listed in Exhibit D.
4. The following services are provided as a basic level of maintenance and support.
Baseball/Softball
a) Appropriate seasonal ball field preparation
b) Mowing of grass at least once a week weather permitting
c) Infield prep and dragging as needed
d) Trash canister pick up
e) Installation of bases and pitcher’s plates
f) Maintenance of fencing and backstops for normal wear and tear
g) Outfield markings as needed
h) Line infields for games; no line for practices
i) Adequate portable restrooms
Multi-use sports fields
a) Appropriate season field maintenance
b) Mowing of grass weather permitting
c) Trash canister pick up
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d) Standards goals at park sites
e) Adequate portable restrooms
5. Lining of city athletic fields is prohibited without prior written approval.
6. Burning or painting lines on city athletic fields is prohibited.
7. Field Closures – An annual rest and renovation program is scheduled at all sites to maintain
field sustainability. The city makes every effort to accommodate groups and organizations.
However, the health and safety of the users and the condition and playability of the fields
takes precedence. As a result, the city may close fields, deny use of a field, and/or provide
alternate sites for athletic use.
XII. TOURNAMENTS
1. The city has a strong interest in developing and attracting tournaments to the community.
Tournaments are a unique opportunity to showcase facilities and the community, provide
enhanced levels of play and provide revenue for the city. As such, tournaments will be
evaluated on a case by case basis with a goal to balance local play with attracting out of town
visitors and revenue.
Initial requests for tournaments must be submitted by a date which will be determined by the
city on an annual basis.
2. Tournaments will not be part of the allocation process and will be considered and developed by
a separate agreement.
3. At the conclusion of each tournament day, organizations are required to empty trash containers
into dumpsters.
XIII. INSURANCE REQUIREMENTS
The organization will be held responsible for all actions, behavior and damages caused by their
participants, guests or attendees. All applicants requesting use of athletic fields will be required
to provide the city with an original certificate of insurance providing proof of general liability
insurance.
Insurance: Organizations are required to obtain commercial general liability insurance in the
minimum amount of $1,000,000 per occurrence. Organizations agree to provide a certificate of
insurance to the city showing the required coverage at least ten (10) days prior to the first
practice or event and naming the city as an Additional Insured.
Property Damage: Organizations agree to pay the city for any physical damage to the facility or
its contents during the event.
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Indemnification: Organizations shall defend, indemnify and hold harmless the city and its
officials, employees and agents from any liabilities, judgments, losses, costs or charges
(including attorneys' fees) incurred by the city or any of its officials, employees or agents as a
result of any claim, demand, action or suit relating to any bodily injury (including death), loss or
property damage caused by, arising out of, related to or associated with the use of the facility by
the applicant or by the applicant's guests or invitees, except to the extent caused by the sole
negligence, gross negligence or willful misconduct of the city or its officers, employees or
agents.
XIV. FIELD USE RULES AND REGULATIONS
1. Organized groups wishing to use a field must acquire a permit with the city. A permit will
be issued to community sports organizations that meet the criteria in section IX,
Community Sports Organization of this policy.
2. Organizations must follow all park rules and ordinances as specified.
3. Games and practices are not to start before 7:00 am or extend past 10:00 pm (unless
otherwise stated).
4. Anytime during the year, games or practices may not be playable due to frost and/or poor
field conditions. This is subject to the discretion of the city.
5. It is the responsibility of the organization’s president and the designated liaison to enforce
the rules and regulations regarding the conduct of the group while on permitted facilities.
6. Use begins and ends at the times stated on the allocation documents, including set-up and
clean-up.
7. Field preparation and participant warm-up is allowed within the parameters of field use
hours. Additional charges will be incurred for any unauthorized or extended field use
beyond the times listed on the permit. Unauthorized or extended field use beyond times
listed on the permit may result in the retention of a portion of or all of the deposit and/or
result in the cancellation of current use and/or prohibition of future use.
8. No subleasing of fields is allowed under any circumstances. Subleasing of field will result in
revocation of all permits indefinitely pending an investigation.
9. Any unauthorized use including using fields without a permit or interfering with another
permitted use will result in the revocation of any permit indefinitely pending an investigation.
10. City staff will perform all maintenance on city fields. A field use permit does not authorize
an organization to make improvements or perform maintenance on a city field.
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11. Any maintenance performed on the fields must be prior approved in writing for the specific
maintenance performed.
12. City fields will have bases available. Users may not move or remove bases.
13. Fields for practice will not be prepped or dragged.
14. Any league or team cancelling a field must give 24-hour notice in writing, or it may forfeit
payments made. Fees may be assessed for not providing a 24-hour notice.
15. Tarps and material that may damage the grass are prohibited from being placed on the turf.
Tarps are prohibited on fencing.
16. Portable goals and/or markers are allowed but must be removed daily and must have prior
written approval as part of the permit process to be used.
17. Holes may not be dug in the grass or dirt infield.
18. Each user group is responsible for picking up trash and debris and depositing it into the
proper trash bins at the conclusion of games and practices. Organizations should request
player and spectators to pick up litter in dugouts, sidelines, stands and the immediate vicinity
of the game or practice.
19. No group or individual is permitted to maintain a storage unit or similar object on or around
a field without written approval from the city.
20. Tobacco Free Policy – The city does not allow the use of tobacco products on city-
owned park land, recreational facilities and open space. Open space is defined as
undeveloped park land.
XV. FIELD MODIFICATIONS
1. Requests to modify or improve any city fields must be submitted for review to the city for
consideration. A request to modify or improve a site does not constitute approval.
2. No permanent structures or equipment can be erected on City fields or facilities unless prior
approved by the city and dedicated for community use.
XVI. INCLEMENT WEATER POLICY AND PROCEDURE
1. The city reserves the right to cancel or suspend field and facility use permits when
conditions could result in injury to players or cause damage to fields or facilities. Permits
may also be cancelled when the health and safety of participants is threatened due to
impending conditions, including but not limited to, heavy rains, poor drainage, poor air
quality or high winds.
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2. During inclement weather, city staff will assess the playability of all city fields to
determine if use will occur. The Recreation Manager or designated representative
has the authority to close any/all fields or facilities within the city.
3. With regards to evaluating playing conditions, organizations should employ the
playability criteria used by city staff and take into consideration the current and
future quality of the turf.
4. Organizations or individuals witnessing misuse of fields or recreation facilities by other
scheduled or nonscheduled users are advised to contact the city at 763-635-1150 or the
police department at 763-635-1260.
XVII. ALLOCATION REVIEW PROCESS
1. 1. Any applicant may file a request for an allocation review. To be eligible for an
Allocation Review, applicants must meet at least one of the following criteria:
A. Application was denied.
B. Usage conflict that cannot be resolved by the affected parties.
2. To request an Allocation Review, applicants must submit a request in writing to the
director or designee within 10 work days of the release of field permits/schedules, or
as conflict arises. The written allocation review request shall contain:
A. An explanation of the situation from the viewpoint of the organization,
B. Any new information that may clarify the issue and, if appropriate,
C. A suggested alternative solution to the decision.
3. All organizations/groups of individuals that may be affected by the decision may be
asked to attend a review meeting.
A. All involved organizations/groups of individuals will be required to bring:
a. actual registrations
b. game and practice schedules
c. any other information deemed necessary
d. registration/roster information of the involved organization
4. The director or designee will form a review committee made up of at least one
member of the Parks and Recreation Commission to provide recommendations for
resolutions to the Parks and Recreation Director.
5. In the event a satisfactory resolution cannot be found, any organization or
individual aggrieved by the decision of the Parks and Recreation Director may
appeal such decision within ten (10) business days, in writing, to the Parks and
Recreation Commission.
6. Any organization or individual aggrieved by the decision of the Parks and Recreation
Commission may appeal such decision within ten (10) business days, in writing, to the
City Council. Any decision of City Council shall be final and binding.
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Exhibit B
Background Screening Policy
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CITY OF ELK RIVER
BACKGROUND SCREENING POLICY
Adopted March 4, 2013
Effective January 1, 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 roles 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 are18 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.
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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 Permit1, 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
1 A 30-day grace period shall apply from the date of an individual’s 18th 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 30-day grace period, the individual
may not participate unless the background screening requirement is met.
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position with the City or the Permit Holder held or applied for by the individual. The City
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.
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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.
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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.
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
9
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.
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.
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POLICY REVIEW HISTORY
BACKGROUND SCREENING POLICY
Approved by City Council March 4, 2013.
Commission updated April 10, 2019
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Exhibit C
Concussion Awareness
1
RISK MANAGE
MENT INFO
RMATION
YOUTH SPORTS AND CONCUSSION
AWARENESS
Recently the Minnesota State Legislature passed a new law, which goes into effect
September 1,
2011, aimed at preventing and identifying concussions in youths participating in
sports. The new law has understandably caused some concern among cities.
Read below to find the answers to some common questions about the new
requirements.
Does the law apply to cities? Who must provide training and
information on concussions?
The new law does not only apply to school sports, it also applies to city
organized youth athletic events. The law emphasizes education about
concussions to coaches, officials, parents and students. If a city organizes a
sport league, club or athletic event, the burden to provide this educational
information now falls directly on the city.
Beginning September 1, 2011, the following must provide concussion training and
information:
• A municipality, business, or nonprofit organization;
• Someone that organizes a youth athletic activity; or
• Someone that charges a fee for a youth athletic activity.
The term “organize” is not closely defined in the new law. Some activities that
may be
considered “organized” may include:
• Providing staff to coach, officiate or supervise;
• Enrolling participants;
• Advertising the event or activity; or
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• Providing equipment or supplies.
Many cities allow other groups, such as a non-profit or a school district, to use its
facilities
for sporting events. Merely providing recreation space could reasonably be
interpreted to fall short of “organizing” an event. However, in these instances,
it would be prudent for the city to require (preferably through written
agreement) the actual event organizer to comply with the law’s requirements.
Many cities jointly offer or organize sporting events with other cities or
entities. Usually these situations are governed by a joint powers agreement
or other contractual arrangement. In these instances, it would also be prudent
for cities to discuss with its partners which entity
will be responsible for following the new requirements. It may be necessary to
revise existing written agreements to reflect this new understanding.
This material is provided as general information and is not a
substitute for legal advice.
Consult your attorney for advice
concerning specific situations.
Does the new law apply to volunteer coaches/officials and cities that rely
upon volunteer coaches/officials?
Yes. The law applies if there is any type of fee charged for athletic activities that are
organized.
What types of sports or athletic activities does the law apply to?
The law applies to all “youth (18 and under) athletic activities.” This means any sport or
other athletic activity where there is a:
• Competition, practice, or training exercises; AND
• Coach or official is present in an official capacity as a coach or official.
The law was drafted as broadly as possible and may apply to a diversity of youth
sports including yoga, football, baseball and swimming.
Under the new law, what training and information do cities need to offer?
Beginning September 1, 2011 sports and athletic event organizers must:
• Make information accessible to all participating coaches, officials, and youth
athletes and their parents or guardians about the nature and risks of concussions; AND
• Require all participating coaches and officials to receive initial online training on
the nature and risks of concussions. Training must be repeated every three years.
The online training for coaches/officials and information for parents and participants must be
consistent with training provided by the National Centers for Disease Control and Prevention
(CDC) and must address:
• The nature and risks of concussions associated with the athletic activity;
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• The signs, symptoms, and behaviors consistent with a concussion;
• The need to alert appropriate medical professionals for urgent diagnosis and
treatment when a youth athlete is suspected or observed to have received a
concussion; AND
• The need for a youth athlete who sustains a concussion to follow proper
medical direction and protocols for treatment and returning to play.
The simplest approach for a city may be to use the free online course and printable
information already found on the CDC website. The CDC program is titled Heads Up:
Concussion in Youth Sports. Once coaches and officials finish the e-learning program and
quiz, they can print a certificate demonstrating completion.
The city should document compliance with the law by preserving copies of coaches and
officials’ certificates of completion and copies of materials provided to parents and
participants. Cities are not required to use the CDC program. However, any program a city
uses or designs must be consistent with the CDC program.
What are coaches and officials required to do under the new law?
The law has additional requirements for coaches and officials. In addition to completing the
training already discussed, a coach or official must also remove youth athletes from
participating in activities when:
• The youth exhibits signs, symptoms, or behaviors consistent with a concussion; or
• The youth is suspected of sustaining a concussion.
When a coach or official removes a youth athlete from participating in a youth
athletic activity because of a concussion, the youth athlete may not again participate in the
activity until the youth athlete:
• No longer exhibits signs, symptoms, or behaviors consistent with a concussion; AND
• Is evaluated by a healthcare provider trained and experienced in evaluating and
managing concussions; AND
• The healthcare provider gives the youth athlete written permission to again
participate in the activity.
Does the new law make the city liable for concussion injuries that youth
may receive?
No. The new law does not create any
additional liability for, or create any new
cause legal action against a city providing
youth sports activities. In addition, the law
does not alter immunities given to
volunteer coaches under state law.
Currently, Minn. Stat. 604A.11 provides
that
volunteer coaches and trainers are generally not liable to players, participants, or spectators
for injuries during sporting events. The new concussion law specifically provides that these
protections remain in place for coaches, even if a coach fails to remove a youth athlete
1
from an activity after a concussion is suspected.
More Information
Contact the city’s loss control consultant for assistance with the new concussion law. If the city is
unsure of its consultant, contact Cheryl Brennan, Field Service Manager at cbrennan@lmc.org or
651-215-407
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Handout Item 7.6