G-04-08-12-12B1 - 8/12/2004ORDINANCE NO. (":1' ._ L/ _ 1,1)-1j61
AN ORDINANCE AMENDING CHAPTER 1, RE -ADOPTING SECTION
1.1700.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, TO ESTABLISH STANDARDS OF CARE FOR THE
PARKS AND RECREATION DEPARTMENT'S AFTER-SCHOOL
RECREATION PROGRAM IN ORDER TO EXEMPT THE AFTER-
SCHOOL RECREATION PROGRAM FROM STATE CHILD-CARE
LICENSING REQUIREMENTS; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 1, Code of Ordinances (1995 Edition), City of
Round Rock, Texas, is hereby amended to re -adopt Section 1.1700.1
in its entirety and shall read as follows:
SECTION 1.1700.1 AFTER-SCHOOL RECREATION PROGRAM STANDARDS OF CARE
1.1701.1 PURPOSE
This Section and the Standards of Care established in this Section are adopted in compliance with
Section 42.041(b)(14) of the Texas Human Resources Code, as amended, in order to exempt the
After -School Recreation Program from state child-care licensing requirements. These Standards
of Care are intended to be minimum standards by which the City will operate its Parks and
Recreation Department After -School Recreation Program. The Program operated by the City is
recreational in nature and is not a child-care program.
1.1702.1 EFFECTIVE DATE
This Section and the After -School Recreation Program Standards of Care established in this Section
expire on July 31, 2005, unless sooner terminated or extended by ordinance of the City Council.
1.1703.1 DEFINITIONS
For the purposes of this Section 1.1700.1, the following words, terms and phrases, shall have the
meaning ascribed to them except where the context clearly indicates a different meaning:
(1) After -School Recreation Program or Program shall mean a City -sponsored recreational
program for Youth that may be offered by the Parks and Recreation Department after
school. The term does not include any program or activity to which attendees are free to
come and go at will without regard to the presence of a Parent or other responsible adult
to care for them.
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(2) After -School Counselor shall mean a part-time Employee of the Department who is
responsible for providing a developmentally appropriate, safe recreational environment for
the Youth participating in the Program.
(3)
After -School Assistant Supervisorshall mean a part-time Employee of the Department who
is responsible for assisting the After -School Supervisor in scheduling and providing a
developmentally appropriate, safe recreational environment for the Youth participating in
the Program.
(4) After -School Supervisor shall mean a part-time Employee of the Department who is
responsible for scheduling and providing a developmentally appropriate, safe recreational
environment for the Youth participating in the Program.
(5) Department shall mean the Parks and Recreation Department of the City.
(6) Director shall mean the Director of the Parks and Recreation Department or the Director's
authorized representative.
(7) Parent shall mean a person who:
(a) is a natural Parent, an adoptive Parent, or a step-parent of a Youth;
(b)
is, under court order, the guardian of a Youth or is a public or private agency with
whom a Youth has been placed by a court; or
(c) otherwise has legal custody or is the primary care giver and has the authority to
enroll a Youth in the After -School Recreation Program.
(8) Participant shall mean a Youth whose Parent has completed all required registration
procedures and who is determined by the Director to be eligible to participate in the
After -School Recreation Program.
(9) Program Employee or Employee shall mean any person hired to work for the Department
who is assigned responsibility for managing, administering, or implementing some portion
of the After -School Recreation Program. The term includes Recreation Manager,
Recreation Center Supervisor, Recreation Program Coordinator, After -School Supervisor,
After -School Assistant Supervisor and After -School Counselor.
(10) Program Manual shall mean a notebook of policies, procedures, required forms, and
organizational and programming information relevant to the City's After -School
Recreation Program, as promulgated or otherwise approved by the Director.
(11) Program Site shall mean the main facility and administrative site for the After -School
Recreation Program.
(12) Recreation Center Supervisor shall mean a full-time professional Employee of the
Department who is responsible for managing the recreational facility where the
After -School Recreation Program is conducted and managing the daily operation of the
After -School Recreation Program including activity planning, staff training, scheduling
and supervision, enforcement of all rules and payroll.
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(13) Recreation Manager shall mean a full-time professional Employee of the Department who
is responsible for the overall operation of the Clay Madsen Recreation Center, the Senior
Center and city-wide community events, and assisting the Director.
(14) Recreation Program Coordinator or Coordinator shall mean a full-time professional
Employee of the Department who is responsible for managing and overseeing the
planning, administration, and implementation of the After -School Recreation Program.
(15) Standards of Care shall mean all provisions contained in this Section.
(16) Youth shall mean a person who is not less than five years of age and no more than thirteen
years of age.
1.1704.1 ADMINISTRATION
(1) The Director shall implement, administer, and enforce the After -School Recreation
Program Standards of Care. The Director may by written order establish such rules,
regulations, and policies, not inconsistent with this Section, as the Director determines are
necessary to discharge any duty under or to affect the policy of this Section.
(2) No After -School Recreation Program may be advertised as a child-care program or facility.
(3)
When registering for the After -School Recreation Program, each Participant's Parent will
be provided a current copy of the Standards of Care and will be informed that the
After -School Recreation Program is not licensed by the State of Texas. A current copy
of the Standards of Care shall be maintained by the City Secretary and will also be
available at the Program Site for inspection and review by the public and by Program
Employees.
(4) The Director, through the Human Resources Department of the City, shall cause a
criminal background check to be conducted on each prospective After -School Recreation
Program Employee who is eighteen years or older. If results of that criminal check
indicate that an applicant has been convicted of any of the following offenses, the applicant
will not be considered for employment:
(a) a felony or a misdemeanor classified as an offense against a person or family;
(b) a felony or misdemeanor classified as public indecency;
(c) a felony or misdemeanor violation of any law intended to control the possession
or distribution of any controlled substance;
(d) any offense involving moral turpitude; or
(e) any offense that would potentially put Youth Participants or the City of Round
Rock at risk.
(5) The provisions of this Section are administrative in nature and are not subject to criminal
penalties.
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1.1705.1 INSPECTION, MONITORING AND ENFORCEMENT
(1)
The Recreation Center Supervisor, Coordinator, After -School Supervisor or After -School
Assistant Supervisor shall initiate an inspection report for the After -School Recreation
Program to confirm that the Standards of Care are being met. Each inspection report will
be sent to the Recreation Manager for review and kept on record for at least three (3)
years.
(2) The Recreation Manager shall make a monthly inspection of the After -School Recreation
Program Site for compliance with the Standards of Care and shall provide a report to the
Director. The Director shall review the report and establish deadlines and criteria for
Program compliance with the Standards of Care, as necessary.
(3) Any complaint regarding enforcement of the Standards of Care at the After -School
Recreation Program must be directed to the Recreation Center Supervisor or Coordinator.
The Recreation Center Supervisor or Coordinator shall take necessary steps to resolve
each problem. The complaint and its resolution must be recorded by the Recreation
Center Supervisor or Coordinator. The Director shall address any complaint regarding
enforcement of the Standards of Care that cannot be resolved by the Recreation Center
Supervisor or Coordinator.
1.1706.1 ENROLLMENT
Before a Youth may be enrolled in the After -School Recreation Program, a Parent must sign
registration forms that contain the following information:
(1) the Youth's name, date of birth, age, address, home telephone number, grade level, and
school name;
(2) the name and address of each Parent, a home telephone number, and a telephone number
where each Parent may be reached during Program hours;
(3) the name and telephone number of the Youth's physician;
(4) the name and telephone number of the person that can be contacted in case of an
emergency if the Parent cannot be reached;
(5) the name, telephone number, driver's license number and relationship to the Youth of each
person to whom the child may be released;
(6) a statement of the Youth's special problems or needs;
(7) a statement of the Youth's allergic reactions;
(8) a list of medications the Youth is taking;
(9) transportation authorization and school information;
(10) photo release;
(11) an emergency medical authorization;
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(12) a liability waiver; and
(13) an acknowledgment that the Parent has been informed and understands that the Program
is not licensed by the State of Texas.
1.1707.1 SUSPECTED ABUSE
Every Program Employee shall report suspected child abuse or neglect in accordance with the
Texas Family Code.
1.1708.1 RECREATION MANAGER: QUALIFICATIONS AND RESPONSIBILITIES
(1) The Recreation Manager must meet all of the following qualifications:
(a) Be at least 21 years of age;
(b)
Have a bachelor's degree from an accredited college or university or the
equivalent in one of the following areas:
(i) recreation administration or general recreation;
(ii) elementary education;
(iii) physical education; or
(iv) any other comparable degree plan that lends itself to working in a public
recreation environment;
(c) Have four years of experience in providing recreation or leisure time services;
(d) Have a minimum of one (1) year administrative and supervisory experience;
(e) Pass a background investigation including, but not limited to, testing for illegal
substances; and
(0 Have a valid Texas driver's license and a driving record which meets current City
auto liability insurance requirements.
(2) The Recreation Manager is responsible for:
(a) the overall operation of the Clay Madsen Recreation Center, the Senior Center
and city-wide community events;
(b) providing staff assistance to the Director;
(c) monitoring Program compliance with appropriate federal, state and local rules and
regulations; and
(d) knowing and following all City, departmental, and Program standards, policies,
and procedures that apply to the After -School Recreation Program.
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1.1709.1 RECREATION CENTER SUPERVISOR: QUALIFICATIONS AND
RESPONSIBILITIES
(1) The Recreation Center Supervisor must meet all of the following qualifications:
(a) Be at least 21 years of age;
(b) Have one of the following:
(i) a bachelor's degree from an accredited college or university with major
course work in one of the following areas:
(A) recreation administration or general recreation;
(B) physical education; or
(C) any other comparable degree plan that lends itself to working in
a public recreation environment; or
(ii) if a Bachelor's degree has not been obtained, then sixty semester hours
from an accredited college or university, plus four (4) years experience
in two (2) of the specialty areas provided in paragraph (c) below;
(c) Have two (2) years of experience in two (2) of the specialty areas listed below:
(i) recreation classes/programs;
(ii) after school programs;
(iii) special events;
(iv) athletics/aquatics programs; and
(v) revenue based programs;
(d) Pass a background investigation including, but not limited to, testing for illegal
substances; and
(e) Have a valid Texas driver's license and a driving record which meets current City
auto liability insurance requirements.
(2) The Recreation Center Supervisor is responsible for:
(a) planning, developing and implementing Programs, while managing daily facility
and staff operations;
(b) maintaining appropriate records and preparing requested reports;
(c) managing the daily operation and usage of the recreation facility;
(d) assisting in the hiring of staff and monitoring staff performance; and
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(e) knowing and following all City, departmental, and Program standards, policies,
and procedures that apply to the After -School Recreation Program.
1.1710.1 RECREATION PROGRAM COORDINATOR: OUALIFICATIONS AND
RESPONSIBILITIES
(1) Each Coordinator must meet all of the following qualifications:
(a) Be at least 21 years of age;
(b)
Have a bachelor's degree from an accredited college or university in one of the
following areas:
(i) recreation administration or general recreation;
(ii) elementary education;
(iii) physical education; or
(iv) any other comparable degree plan that lends itself to working in a public
recreation environment;
(c) Have a minimum of two (2) years experience planning and implementing
recreational activities or related experience;
(d) Pass a background investigation including, but not limited to, testing for illegal
substances;
(e) Have successfully completed a course and obtained certification in first aid and
cardio pulmonary resuscitation (CPR) based on either American Heart Association
or American Red Cross standards; and
(f) Have a valid Texas driver's license and a driving record which meets current City
auto liability insurance requirements.
(2) A Coordinator is responsible for:
(a) planning, implementing, managing, evaluating, supervising and directing the
After -School Recreation Program;
(b) administering the daily operations of the After -School Recreation Program in
compliance with the Standards of Care;
(c) enforcing the Standards of Care;
(d) supervising, and evaluating After -School Recreation Program Staff; and
(e) knowing and following all City, departmental, and Program standards, policies,
and procedures that apply to the After -School Recreation Program.
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1.1711.1 AFTER-SCHOOL SUPERVISOR: QUALIFICATIONS AND RESPONSIBILITIES
(1) The After -School Supervisor must meet all of the following qualifications:
(a) Be at least 19 years of age;
(b)
Have experience in one of the following areas:
(i) recreation administration or general recreation;
(ii) elementary education;
(iii) physical education; or
(iv) any other experience that lends itself to working in a public recreation
environment;
(c) Have a minimum of one (1) year experience planning and implementing
recreational activities or related experience;
(d) Pass a background investigation including, but not limited to, testing for illegal
substances;
(e) Have successfully completed a course and obtained certification for the current
year in first aid and cardio pulmonary resuscitation (CPR) based on either
American Heart Association or American Red Cross standards; and
(f) Have a valid Texas driver's license and a driving record which meets current City
auto liability insurance requirements.
(2) The After -School Supervisor is responsible for:
(a) managing the daily operations of the After -School Recreation Program in
compliance with the Standards of Care;
(b) enforcing the Standards of Care;
(c) scheduling, supervising, training and preparing the payroll of Employees for the
After -School Recreation Program;
(d) planning, implementing, and evaluating the After -School Recreation Program; and
(e) knowing and following all City, departmental, and Program standards, policies,
and procedures that apply to the After -School Recreation Program.
1.1712.1 AFTER-SCHOOL ASSISTANT SUPERVISOR: QUALIFICATIONS AND
RESPONSIBILITIES
(1) The After -School Assistant Supervisor must meet all of the following qualifications:
(a) Be at least 19 years of age;
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(b) Have a high school diploma or equivalent;
(c) Have experience working with school age children in a recreational or childcare
setting;
(d) Pass a background investigation including, but not limited to, testing for illegal
substances;
(e) Have successfully completed a course and obtained certification for the current
year in first aid and cardio pulmonary resuscitation (CPR) based on either
American Heart Association or American Red Cross standards; and
(0 Have a valid Texas driver's license and a driving record which meets current City
auto liability insurance requirements.
(2) The After -School Assistant Supervisor is responsible for:
(a) assisting the After -School Supervisor in scheduling and providing a
developmentally appropriate and safe recreational environment for the Youth;
(b) assisting the After -School Supervisor in the daily operations of the After -School
Recreation Program in compliance with the Standards of Care while keeping in
close contact with the Coordinator;
(c) assisting the After -School Supervisor in keeping track of supplies and inventory;
(d) overseeing an assigned group and ensuring that proper disciplinary procedures are
being practiced; and
(e) knowing and following all City, departmental, and Program standards, policies,
and procedures that apply to the After -School Recreation Program.
1.1713.1 AFTER-SCHOOL COUNSELORS: QUALIFICATIONS AND RESPONSIBILITIES
(1) Each Counselor must meet all of the following qualifications:
(a) Be sixteen years of age or older;
(b) Have successfully completed a course and obtained certification for the current
year in first aid and cardio pulmonary resuscitation (CPR) based on either
American Heart Association or American Red Cross standards; and
(c) Pass a background investigation including, but not limited to, testing for illegal
substances.
(2) A Counselor is responsible for:
(a) planning and conducting activities, while interacting and supervising Youth; and
(b)
knowing and following all City, departmental, and Program standards, policies,
and procedures that apply to the After -School Recreation Program.
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1.1714.1 TRAINING AND ORIENTATION
(1) The Department shall provide training and orientation to Program Employees relating to
working with Youth in general and relating to the specific job responsibilities of each
Employee. The Recreation Center Supervisor or a Coordinator shall provide Staff with
a Program Manual specific to the After -School Recreation Program.
(2) Each Program Employee will be trained in appropriate procedures for handling
emergencies and in other areas including, but not limited to, City, departmental, and
Program policies and procedures, provision of recreational activities and safety issues.
(3) Each Program Employee shall be familiar with these Standards of Care for the
After -School Recreation Program and with all Program policies, including, but not limited
to, check-in and check-out, late pick-up, discipline and release of Participants, as outlined
in the Program Manual.
(4) Each Program Employee will be required to sign an acknowledgment that the Employee
received the training required under this Section.
1.1715.1 STAFF PARTICIPANT RATIO
(1) In the After -School Recreation Program, the maximum ratio of Participants to Staff will
be 15 to 1.
(2) At all times at least one Employee who is sixteen years of age or older must be present at
the Program Site.
1.1716.1 DISCIPLINE
(1) A Program Employee shall implement discipline and guidance in a consistent manner
based on the best interests of Program Participants.
(2) No corporal punishment or treatment may be used. A Program Employee may use brief,
supervised separation of a Participant from the group, if necessary.
(3) As necessary, Program Employees shall provide discipline reports to the Parents of
Participants. A Parent will be asked to sign a Participant's discipline report to indicate
that the Parent has been advised about a specific problem or incident.
(4) An excessive number of discipline reports or discipline reports of a severe nature, as
described in the Program Manual, may result in a Participant being suspended from a
Program.
(5)
Any Participant who poses a danger to other Participants or staff will be removed from
the Program Site as soon as possible.
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1.1717.1 PROGRAMMING
(1) A Program Employee shall plan, organize, instruct, direct and provide activities according
to the Participants' ages, interests, and abilities. The activities shall be appropriate,
structured and well prepared to each Participant's health, safety, and well-being. The
activities shall also be flexible and promote each Participant's emotional, social, and
mental growth.
(2) A Program Employee shall encourage all Youth to participate in the various Program
activities.
(3)
A Program Employee shall stress friendliness, fair play and good sportsmanship to all
Participants.
(4) A Program Employee shall be attentive and considerate of the Participants' safety on field
trips and during any transportation provided by the Program. A Program Employee must
have a written list of all Participants in each group and shall check the roll frequently.
(5)
During trips, each Program Employee who supervises Participants shall maintain
immediate access to the emergency medical forms and emergency contact information for
each Participant. First aid supplies and a guide to first aid and emergency care must be
readily available to each Program Employee on every field trip.
1.1718.1 COMMUNICATION
The Program Site must have a mobile telephone/radio for use in contacting Department personnel
and making emergency calls.
1.1719.1 TRANSPORTATION
(1) Before a Participant may be transported to or from a City -sponsored activity, a
transportation form, completed by a Parent of the Participant, must be filed with a
Coordinator.
(2) Every Program vehicle used for transporting Youth Participants must be equipped with:
(a) first aid supplies and a first aid and emergency care guide that are easily
accessible to Program Employees in the vehicle; and
(b) an operable portable fire extinguisher that is installed in the passenger
compartment of the vehicle and that is easily accessible to Program Employees in
the vehicle.
1.1720.1 RELEASE OF PARTICIPANTS
(1) A Participant will be released from the After -School Recreation Program only to a Parent
or to a person designated by the Parent in the registration forms.
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(2) If the Parent or other person designated by the Parent to pick up the Youth is unknown to
Program staff, a Participant will be released from the After -School Recreation Program
only after photo identification is reviewed against the information provided in the
registration forms.
1.1721.1 FACILITY STANDARDS
(1) Safety
(a) Program Employees shall inspect the Program Site daily to detect sanitation and
safety concerns that might affect the health and safety of the Participants. All
sanitation or safety concerns shall be reported by Program Employees to the
Coordinator or Recreation Center Supervisor, who will keep a log of the concerns
reported and how each concern was handled. The log will be kept for a minimum
of three (3) years.
(b)
All buildings, grounds, and equipment at the Program Site must be inspected,
cleaned, repaired, and maintained to protect the health of the Participants.
Program Employees shall report any needed repairs or damage to the recreation
facility to the Coordinator or Recreation Center Supervisor. The Coordinator or
Recreation Center Supervisor will cause the repair or damage to be taken care of
immediately and will keep a log of the outcome for a minimum of three (3) years.
(c) All equipment and supplies used in a Program must be safe for use by the
Participants.
(d) First aid supplies must be readily available to all Program Employees at the
Program Site, during transportation to an off-site activity, and for the duration of
any off-site activity. A Program Employee shall maintain first aid supplies in a
designated location, readily available to staff. Each Program Employee must at
all times have immediate access to a guide to first aid and emergency care.
(e) Air conditioners, electric fans, and heaters at the Program Site must be mounted
out of the Participants' reach or have safeguards that keep Participants from being
injured.
(2) Fire
(a) In case of fire, danger of fire, explosion, or any other emergency, a Program
Employee's first priority is to evacuate the Participants to a designated safe area.
(b) The Program Site must have at least one fire extinguisher that is readily available
to all Program Employees.
(c) Fire drills will be initiated at the Program Site twice a year.
(3) Health
(a) Illness or injury.
(i) A Youth who is considered to be a health or safety concern to other
Participants or Employees will not be admitted to a Program.
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(ii) Illnesses and injuries will be handled in a manner that protects the health
of all Participants and Employees.
(iii) A Program Employee shall follow plans to provide emergency care for
injured Participants with symptoms of an acute illness as specified in the
Program Manual.
(iv) Each Program Employee shall follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
Participant after a communicable disease.
(b) Medication.
Program Employees shall not be permitted to administer, dispense or store
medication, including injections, for a Participant.
(c) Toilet facilities.
The Program Site must have toilets located and equipped so that Participants can
use them independently and Program Employees can supervise as needed.
(d) Sanitation.
(i) The Program Site must have adequate light, ventilation, and heat.
(ii) The Program must be provided with an adequate supply of water meeting
the standards of the Texas Department of Health for drinking water. A
Program Employee shall ensure that water is supplied to Participants in
a safe and sanitary manner.
(iii) Program Employees shall ensure that garbage is removed daily from the
Program Site and ensure that all food and crumbs have been swept and
thrown away.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
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open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
t , La. (4. tt;-/JU CC
READ and APPROVED11 on first reading this the day of
att :1_ , 2004.
READ, APPROVED and ADOPTED on second reading this the
day of , 2004.
AT T:,11.4fi/rtf
k- )(Mtn;
NYL L, ` ayor
City ound Rock, Texas
/j CHRISTINE R. MARTINEZ, City Secretar
14
DATE: August 6, 2004
SUBJECT: City Council Meeting - August 12, 2004
ITEM: 12.6.1. Consider an ordinance Amending Chapter 1 of the Round Rock Code
of Ordinances (1995 Edition) to re -adopt Section 1.1700.1, After -
School Recreation Program Standards of Care. (First Reading)
Department: Parks and Recreation
Staff Person: Sharon Prete, Parks and Recreation Director
Justification:
The ordinance for the Parks and Recreation Department (PARD) After -School Recreation
Program Standards of Care was adopted in January 2004 and expired on July 31, 2004. The
Standards of Care needs to be re -adopted on an annual basis in order to exempt the PARD
After -School Recreation Program from State child-care licensing requirements. In the future,
the annual review and renewal of the Standards of Care will occur before the beginning of
the school year.
Funding•
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Backciround Information: N/A
Public Comment: N/A