O-3374-4-16ORDINANCE NO. 3374416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ESTABLISHING STANDARDS OF CARE NECESSARY FOR A
DAY CARE LICENSING EXEMPTION FOR YOUTH CAMP PROGRAMS
OPERATED BY THE CITY OF ALLEN PARKS AND RECREATION
DEPARTMENT; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABILrfY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Texas Human Resources Code § 42.041(6)(14) establishes requirements for exempting
recreational programs operated by municipalities for elementary age (5-13) children from childcare licensing;
and,
WHEREAS, in order to receive exempt status for a youth recreation program, a municipality must adopt
standards of care by ordinance after a public hearing for the program; and requirements; and,
WHEREAS, the Allen Parks and Recreation Youth Program Standards of Care will provide basic child care
regulations for day camp activities operated by the City of Allen Parks and Recreation Department in
accordance with Texas Human Resources Code § 42.041(b)(14); and,
WHEREAS, the City Council after conducting a public hearing on April 26, 2016, and affording full and fair
citizen feedback for the Allen Parks and Recreation Youth Programs; and,
WHEREAS, the City Council after conducting a public hearing for the Allen Parks and Recreation Youth
' Programs was held on April 26 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council of the City of Allen adopts the Allen Parks and Recreation Youth Program
Standards of Care for providing basic child care regulations for day camp activities operated by the City of
Allen Parks and Recreation Department, which include staffing ratios, minimum qualifications, minimum
facility, health and safety standards, and mechanisms for monitoring and enforcing the adopted local
standards.
SECTION 2. A copy of the Allen Parks and Recreation Youth Program Standards of Care, herein adopted,
are attached hereto as Exhibit A and incorporated as if set forth in full.
SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, or section
of this Ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or
section of this Ordinance.
SECTION 4. This ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 20 DAY OF APRIL 2016.
APPROVED:
StepNeA Terrell, Mayor
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, COY Aftorney Shelley B. George, TUMC, City ecrWrj�---
Ires:a21-1e.� 7e5eel
Ordinance No. 3374-4-16. Page 2
EXHHIIT A
CITY OF ALLEN CAMP PROGRAMS
STANDARDS OF CARE
The Standards of Care are intended to be minimum standards by which the City of Allen Parks & Recreation
Department will operate the City's Camp Programs. The following Standards of Care are required by the
Texas Human Resources Code, Section 42.041 (b) (14), as approved by the Texas Legislature during the 74th
legislative session.
An elementary -age (ages 5-13) recreation program operated by municipality provided the
governing body of the municipality annually adopts standards of care by ordinance after a
public hearing far such programs, that such standards are provided to the parents of each
program participant, and that the ordinances shall include, at a minimum, staffing ratios,
minimum staff qualifications, minimum facility, health and safety standards, and mechanisms
for monitoring and enforcing the adopted local standards; and further provided that parents be
informed that the program is not licensed by the state and the program may not be advertised
as a child-care facility.
The following basic childcare regulations are the minimum Standards of Care by which the City of Allen
Parks and Recreation Department will operate Camp Programs. Standards of Care are adopted annually as an
ordinance by the Allen City Council. The programs operated by the City are recreational in nature and are not
child or day care programs. City is exempt from the requirements of the Texas Human Resources Code and is
not licensed by the State to offer daycare programs.
GENERAL ADMINISTRATION
'
1. Organization
A. The governing body of the Camp Program is the City Council of the City of Allen, Texas
B. Implementation of the Camp Programs Standards of Care is the responsibility of the Parks
and Recreation Department Director or his or her designee and Department employees.
C. These Standards of Care will apply to all Camp Programs, including, without limitation, the
Summer Camp Program, Spring Break Program and Holiday Camp Program.
D. Each Program Site will have available for public and staff review a current copy of the
Standards of Care.
E. Parents of participants will be provided a current copy of the Standards of Care during the
registration process for a Program. Further, a copy of the Standards of Care shall be placed
online on the City's website.
F. Criminal background checks will be conducted on prospective Program employees. If results
of a criminal background check indicate that a prospective Program employee has been
arrested, charged with, or convicted of any of the following offenses, the prospective
Program employee will not be considered for employment:
(1) a felony or a misdemeanor classified as an offense against a person or family
member;
(2) a felony or misdemeanor classified as public indecency;
(3) any offense for which a person is required to register as a sex offender under Chapter
62, Texas Code of Criminal Procedure;
Ordinance No. 3374-4-16 Page 3
I
I
(4) a felony or misdemeanor violation of any law intended to control the possession or
distribution of any controlled substance and
(5) any offense involving moral turpitude.
2. Definitions
For purposes of these Standards of Care, the following words shall have the respective meanings
ascribed to them:
A. City means the City of Allen, Texas.
B. City Council means the City Council of the City.
C. Department means the Parks and Recreation Department of the City.
D. Director means the Parks and Recreation Department Director of the City or his or her
designee.
E. Employee(s) means people who have been hired to work for the City of Allen and have been
assigned responsibility for managing, administering, or implementing some portion of a
Program.
F. Parent(s) mans one or both parent(s) or adults who have legal custody and authority to
enroll their child(ren) in a Program.
G. Participants means a youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a Program.
H. Camp Programs means the Summer Camp Program, Spring Break Camp Program and the
Holiday Camp Program.
I. Center Supervisor or Recreation Program Supervisor means a full-time Department
employee who is a supervisor and has been assigned administrative responsibility for the
Programs.
I. Program Employee means a Department part-time or seasonal employee who has been
assigned responsibility by the Center Supervisor or Recreation Program Supervisor to
implement the City's camp programs.
K. Program Manual means a notebook of policies, procedures, required forms, and
organizational and programming information relevant to each Program.
L. Program Site means area and facilities where a Program is held, consisting of the Ice Farmer
Recreation Center, 1201 E. Bethany, Allen, Texas, 75002.
3. Inspections/Monitoring/Enforcement
A. A written inspection report will he prepared by the Recreation Program Supervisor each
month to confirm the Standards of Care are being adhered to.
(1) Each monthly inspection report will be sent by the Recreation Program Supervisor to
the Center Supervisor for review and kept on record in accordance with the City's
records retention policy
Ordinance No. 3374.4.16 Page 4
(2) The Center Supervisor will review the report and establish deadlines and criteria for
compliance with the Standards of Care where failure to comply is determined.
B. The Recreation Program Supervisor will make visual inspections of the Programs based on
the following schedule:
(1) The Summer Camp Program will be inspected a minimum of two times during the
Summer Camps' Program schedule.
(2) The Spring Break Camp Program will he inspected at least once during the Spring
Break Camp Program schedule.
(3) The Holiday Camp Program will be inspected at least once during the Holiday Camp
Program schedule.
(4) Each other Program will be inspected at least once each week during the schedule for
the Program.
C. Complaints regarding enforcement of the Standards of Care should be directed to the
Recreation Program Supervisor. The Recreation Program Supervisor will be responsible to
take the necessary steps to address any complaints and to resolve the problem(s), if any.
Complaints regarding enforcement of the Standards of Care and their resolution will be
recorded in writing by the Recreation Program Supervisor. All complaints regarding
enforcement of the Standards of Care where a deficiency is determined will be forwarded to
the Center Supervisor, in a timely manner, with the complaint and the resolution noted.
Enrollment
Before a child can he enrolled in a Program, the parents must sign registration fomes that contain the
following information about the child:
A. name, address, home telephone number;
B. name and address of parent(s) and telephone number(s) during Program hours;
C. the names and telephone numbers of people to whom the child can be released;
D. proof of residency within the City when appropriate; and
E. a fully executed liability waiver and release.
5. Suspected Abuse
Program Employees will report suspected child abuse or neglect in accordance with the Texas Family
Code. In the case where an employee is involved in an incident with a child that could be construed as
child abuse, the incident must be reported immediately to the Center Supervisor. The Center
Supervisor will then immediately notify the Recreation Manager, the City Police Department, and any
other agency as may be appropriate.
Texas state law requires the employees of the Programs to report any suspected abuse or neglect of a
child to the Texas Department of Protective and Regulatory Services or a law enforcement agency.
Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180
days. Confidential reports may be made by calling 1-800-252-5400.
STAFFING - RESPONSIBILITIES AND TRAINING
Ordinance No. 3374.4-16, Page 5
Center Supervisor Qualifications
' A. The Center Supervisor will be a full-time, professional employee of the Department.
B. Work experience requires broad knowledge in a general profession or technical field.
Knowledge is normally acquired through four years of college resulting in a Bachelors
Degree in Parks and Recreation or related field preferred or equivalent experience in Parks
and Recreation or related field in lieu of education. Related Fields/Expenence including but
not limited to: Parks, Recreation and Tourism Therapeutic Recreation; Gerontology/
Nutrition; Kinesiology, Sports Management or Physical Education; Ice Rink Operations or
Management; Golf Operations or Programming.
C. The Center Supervisor must have over two years up to and including three years of relevant
experience.
D. The Center Supervisor must successfully complete pre-employment screenings, which consist
of a drug test, criminal background check and driving record check.
E. The Center Supervisor must have successfully completed a course in first aid and cardio
pulmonary resuscitation (CPR) and possess a Texas Class C Driver's License within 4
months of hire.
Center Supervisor Responsibilities
The information listed below is intended to describe the general nature and level of work being
' performed by individuals assigned to this position. They are not intended to be an exhaustive list of
all responsibilities, duties and skills required of this position.
A. Oversees operation of Recreation Center, its staff and its related programs by developing and
maintaining budget for facility programs and personnel. Reconciles financial transactions and
records, makes daily deposits, processes and approves refunds, monitors payroll activities,
maintains inventory, procures maintenance services for facility and equipment, ensuring
quality of programs and enforcing and developing policies and procedures.
B.
Provides computer related support by troubleshooting computer problems, training staff on
new and existing computer systems, diagnosing Class Software and online registration issues
and providing computer assistance to department staff. Operates in all applicable system
modules pertinent to job assignment, trains staff on use of computer systems and compiles
data from computer systems.
C.
Ensures customer service by addressing and resolving complaints from the public, makes
discretionary decisions regarding customer related issues, educates and trains staff on
customer service practices, and holds staff accountable for expected customer service
delivery goals.
D.
Supervises personnel by conducting the hiring process including selecting candidates and
interviewing for open positions, training staff, promoting and maintaining positive work
environment for optimum staff morale, evaluating staff performance and conducting
performance reviews, administering staff meetings, scheduling staff, holding staff
accountable for expectations, handling staff concerns and suggestions and administering
'
disciplinary actions as needed.
E.
Ensures safe and proper maintenance of facilities by coordinating preventative maintenance,
repairs and capital improvements with appropriate personnel and/or vendors and ensures
Ordinance No. 3374-4-16. Page 6
cleanliness of facility and premises.
F. May work varied shifts including opening, closing and weekend hours as assigned.
2. Recreation Program Supervisor Qualifications
A. The Recreation Program Supervisor will be a full-time, professional employee of the
Department.
B. Work experience requires broad knowledge in a general profession or technical field.
Knowledge is normally acquired through four years of college resulting in a Bachelors
Degree in Parks and Recreation or related field preferred or equivalent experience in Parks
and Recreation or related field in lieu of education. Related Fields/Experience including but
not limited to: Parks, Recreation and Tourism; Therapeutic Recreation; Gerontology/
Nutrition; Kinesiology, Sports Management or Physical Education; Ice Rink Operations or
Management Golf Operations or Programming.
C. The Recreation Program Supervisor must have over two years up to and including three years
of relevant experience.
D. The Recreation Program Supervisor must successfully complete pre-employment screenings,
which consist of a drug test, criminal background check and driving record check.
E. The Recreation Program Supervisor must have successfully completed a course in first aid
and cardio pulmonary resuscitation (CPR) within four months of hire and possess a Texas
Class C Driver's License within 4 months of hire.
Recreation Program Supervisor Responsibilities
The information listed below is intended to describe the general nature and level of work being
performed by individuals assigned to this position. They are not intended to be an exhaustive list of
all responsibilities, duties and skills required of this position.
A. Supervises personnel and contract instructors by interviewing applicants for open positions,
coordinating training, observing and monitoring work tasks, developing program staff,
evaluating work performance, writing performance evaluations, assisting employees to
correct deficiencies, scheduling the necessary employees for facility operations and
submitting time sheets for payroll. Position has direct oversight of Recreation Specialist ID's
at the center.
B. Develops and implements various programs by assessing the needs of citizens, identifying the
types of programs to offer, recmiting and hiring qualified instructors for new programs,
negotiating class and instructor fees, preparing goals and cost analysis for 110% plus cost
recovery, scheduling program dates, reserving facilities for programs, purchasing and
maintaining equipment and materials needed, and advertising programs to the general public.
This position will act in a liaison role to civic organizations and community partners on
events; will research and lead the coordination of partnership of national/state affiliated
programs as well as corporate partnerships that benefit the division.
' C. Assists with facility operations by addressing and resolving complaints and concerns from the
public, responding to emergencies when required, preparing facilities for programs, rentals
and special events and ensuring the cleanliness of facilities.
D. Monitors the allocation of resources by ensuring that the supplies necessary for the operation
Ordinance No. 3374-4-16, Page 7
of the facility are maintained, ordering new supplies and equipment, evaluating and
recommending the budgetary needs for operations and creating vendor lists. Position is
' responsible for vendor and instmctor payment processing and budget oversight of relevant to
such.
Camp Counselor Qualifications
A. The Camp Counselor will be a temporary seasonal Program Employees of the Department.
B. The Camp Counselor must have a High School Diploma or G.E.D.
C. Must have a desire to work with children and be able to work all eleven weeks of summer
camp. Prior day camp experience or experience programming camp activities preferred.
Experience working with youth preferred.
D. The Camp Counselor must successfully complete pre-employment screenings, which consist
of a drug test, criminal background check and driving record check.
E. Required to have a CPR Certification and First Aid Certification before Jane Ist (training
provided), Valid Texas Class C Driver's License
4. Counselor Responsibilities
A. Camp Counselors will be responsible for the supervision and activities of approximately to -
12
0.12 children ages 612 in an outdoor and indoor nature environment.
' B. Counselor will plan and carry out such activities as hiking, arts and crafts, sports, drama,
swimming, and field trips.
Training/Orientation
A. The Department is responsible for providing training and orientation to Program Employees
working with children and for specific job responsibilities. The Recreation Program
Supervisor will provide each Program Employee with a Program manual specific to the
applicable Program.
B. Program Employees must be familiar with the Standards of Care for Program operation as
adopted by the City Council.
C. Program Employees must be familiar with the Program's policies, including discipline,
guidance, and release of Program participants as outlined in the Program Manual.
D. Program Employees will be trained in appropriate procedures to handle emergencies.
E. Program Employees will be trained in areas including City, Department, and Program
policies and procedures, provision of recreation activities, safety issues, and organization
goals.
F. Program Employees will be required to sign an acknowledgement that they received the
required training.
OPERATIONS
1. Staff -Participant Ratio
Ordinance No. 3374-4-16, Page 8
A. The standard ratio of Program participants to Program Employees will be no greater than 15
' to 1. In the event an employee assigned to a Program is unable to report to the Program Site,
a replacement will be assigned.
B. Program Employees are responsible for being aware of the participant's habits, interests, and
any special problems as identified by the participant's parent(s) during the registration
process.
2. Discipline
A. Program Employees will implement discipline and guidance in a consistent manner based on
the best interests of Program participants.
B. There must be no cruel, harsh or corporal punishment or treatment used as a method of
discipline.
C. Program Employees may use brief, supervised separation from the group if necessary.
D. As necessary, Program Employees will initiate discipline reports to the parent(s) of
participants. Parents will be asked to sign discipline reports to indicate they have been
advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the Program
Manual may result in a participant being suspended or removed from the Program or all
Programs.
F. In instances where there is a danger to participants or employees, offending participants will
be removed from the Program Site as soon as possible.
3. Programming
A. Program Employees will attempt to provide activities for each Program according to the
participants' ages, interests, and abilities. The activities must be appropriate to participants'
health, safety, and wellbeing. The activities also must be flexible and promote the
participants' emotional, social, and mental growth.
B. Program Employees will attempt to provide indoor and outdoor time periods that include:
(1) alternating active and passive activities;
(2) opportunity for individual and group activities, and
(3) outdoor time each day weather permits.
4. Communication
A. The Program Site will have a cell phone and land line to allow the Program Employees to be
contacted by Department employees and vice versa.
B. The Recreation Program Supervisor will post the following telephone numbers adjacent to a
telephone accessible to all Program employees:
(1) City ambulance or emergency medical services;
(2) City Police Department
(3) City Fire Department
Ordinance No. 3374.4-16. Page 9
(4) The Joe Farmer Recreation Center front desk;
' (5) Parks and Recreation Administrative office and;
(6) Numbers at which parents may be reached.
5. Transportation
A. Program Employees will be attentive and considerate of the Participant's safety on field trips
and during any transportation provided by the Program.
B. Transportation for field trips is provided by school buses through the Allen Independent
School District. In the event said school district buses are unavailable, department will
ensure suitable transportation is provided.
C. During field trips, Program Employees will have emergency contact information for each
Participant.
D. Program Employees will have a roster of Participants in their group and must account for all
participants frequently, specifically before departure to and from destination.
E. Before a participant may be transported to and from City -sponsored activities, participants
must be registered for the field trip.
F. First aid supplies and a first aid and emergency care guide will be available in all Program
vehicles that transport children.
' G. Designated Program Employees will carry a cell phone at all times during the duration of the
field trip.
H. Participants will be oriented to expected behavior and safety rules.
FACILITY STANDARDS
1. Safety
A. Program Employees will inspect Program Sites daily to detect sanitation and safety concerns
that might affect the health and safety of the participants.
B. Buildings, grounds, and equipment on the Program Site will be inspected, cleaned, repaired,
and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program Employees must have first aid supplies readily available at the Program Site, during
transportation to an off-site activity, and for the duration of any off-site activity.
2. Fire
A. Emergency evacuation plan will be posted at the Program Site. In a situation where
evacuation is necessary, the first priority of Program Employees is to make sure all
' participants are in a safe location.
B. The Program Site will have an annual fire inspection by the local Fire Marshal, and the
resulting report will detail any safety concerns observed. The report will be forwarded to the
Center Supervisor who will review and establish deadlines and criteria for compliance if any
Ordinance No. 3374-4-16, Page 10
deficiencies or concerns are determined to exist.
C. The Program Site must have at least one fire extinguisher readily available to all Program
employees. All Program Employees will be trained in the proper use of fire extinguishers.
D. Fire drills will be initiated at Program Sites based on the following schedule:
(I) Summer Camp Program: A fire drill twice during the session.
(2) Spring Break Camp and Holiday Camp Program: A fire drill once during the session.
3. Health
A. Illness or Injury.
(1) A participant who is considered to be a health or safety concern to other participants
or Program Employees will not be admitted to a Program.
(2) Illnesses and injuries will be handled in a manner to protect the health of all
participants and employees.
(3) Program Employees will follow plans to provide emergency care for injured
participants with symptoms of an acute illness as specified in the Program Manual.
(4) Program Employees will follow the guidelines of the Texas Department of Health
concerning the admission or readmission of any participant after a communicable
disease.
B. Program Employees will administer medication (limited only to an epinephrine pen (auto -
injector) and an (asthma inhaler) to participants only if:
(1)
Parent(s) complete and sign a medication form provided by the City (to include,
among other things, an indemnity and hold harmless provision, and a waiver and
release provision) that provides authorization for Program employees to dispense the
medication, with details as to time and dosages.
(2)
The medication is in its original container labeled with the participant's name, a date,
directions, and the physician's name. Program employees will administer the
medication only as stated on the label. Program employees will not administer
medication after the medication's expiration date. Program employees will not
administer any other medication.
C. Toilet Facilities
(1)
The Program Site will have indoor toilets located and equipped so participants can
use them independently and Program Employees can supervise as needed.
(2)
An appropriate and adequate number of lavatories will be provided.
D. Sanitation
(1)
The Program site will have adequate light, ventilation, and heat.
(2)
The Program site will have an adequate supply of water meeting the standards of the
Texas Department of Health for drinking water and ensure that it will be supplied to
the participants in a safe and sanitary manner.
' (3)
Program Employees will ensure that garbage is removed from buildings daily.
Ordinance No. 3374.4.16, Page 11