Johns Creek Athletic Association Policies _ P.pdf

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ATHLETIC ASSOCIATION

POLICIES AND PROCEDURES

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PREFACE

The development and use of recreational resources bought and paid for by the City of

Johns Creek taxpayers are of great importance to the quality of life of the entire community of the City of Johns Creek. To ensure that recreational athletic programs provide an environment which enhances character and confidence in its participants, each Athletic Association (each referred to as an “Association”) will be provided with this document of policies and procedures for which compliance will be mandatory under the Facility Use Agreement executed by the

Association and the City of Johns Creek (the “City”).

Each Association operating on City park property must enter into a Facility Use

Agreement with the City. The agreement specifically identifies the facility or facilities to be used by the Association and the terms and conditions of the Association’s use. Adherence to all requirements outlined in the Policies and Procedures for Associations operating in the City on

City Property is a condition of the Agreement and is made a part thereof by reference.

Preference will be given to Associations that illustrate the ability to serve the greatest cross section of the community. Every effort shall be made by the Association to involve all segment of the local population regardless of age, gender, and level of ability, including by not limited to youth, young adults, seniors, males, females, able bodies persons and physically or mentally challenged persons.

The City reserves the right to revoke or otherwise terminate a facility use agreement if the Association abandons its responsibilities without reason or just cause.

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SECTION I

LEGAL AND

ORGANIZATIONAL

REQUIREMENTS OF

ATHLETIC ASSOCIATIONS

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LEGAL AND ORGANIZATIONAL REQUIREMENTS

BY-LAWS

In order to operate an athletic association (each an “Association”) in the City of

John Creek, the City of Johns Creek Recreation and Parks Division requires each athletic association to adhere to the following minimum criteria:

1. ORGANIZATIONAL STRUCTURE

Each Association shall be governed by a Board of Directors and By-laws. A copy of the By-laws is required and must be turned into the City of Johns Creek Recreation and Parks Division before a facility use agreement can be issued.

The Board of Directors shall be elected annually via publicized and open elections. Eligible voters include current members of the Association, participants, parents and/or guardians having achieved the legal voting age as prescribed in Georgia law. The Board will consist of a minimum of five (5) members and will include: a president or Commissioner, Vice President or Vice Commissioner, Secretary, Treasurer, and Certification Officer. The City reserves the right to assign Divisional Staff to the

Association Board of Directors in an ex officio capacity.

Terms for elected officials should be limited to three (3) years and staggered to ensure a smooth transition from year to year. Officers may not succeed themselves for consecutive terms. A list of Board members names, addresses and phone numbers is required and must be submitted to the Recreation and Parks Division. Board members should live in the immediate area of the park or facility they represent.

2. NONPROFIT ORGANIZATIONAL STATUS

Each Association must maintain Articles of Incorporation and registration with the Secretary of State’s office as an active non-profit organization. When an Association is incorporated, a copy of the incorporation papers must be supplied to the Recreation and Parks Division. All such documentation shall be kept current. The City shall be notified of any changes in by-laws or corporate stature. Articles of Incorporation must be filed in the Recreation and Parks Division within ninety (90) days on approval to operate the Association on City property. An extension may be granted for good cause shown. For more information concerning incorporation, please contact the Recreation and Parks Division.

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3. DISCIPLINARY PANEL

Each Association is required to establish an Athletic Disciplinary Panel to resolve disputes using the guidelines outlined below.

Appoint a three (3) or five (5) member Athletic Disciplinary Panel consisting of officers from the Board, the ex officio staff board member, and at least one non-board member.

Schedule a face-to-face presentation from each party involved in the violation at a pre-designated location. Participants agree that the decision of the panel is final and binding.

Render a binding decision within forty-eight (48) hours based on the facts gathered during the process.

Notify the City’s Recreation Manager in writing of the dispute and the appropriate action taken by the Athletic Disciplinary Panel in a signed statement by the

President of the Association within two weeks of the original incident.

4. ATHLETIC ASSOCIATION MEETINGS

In addition to those meetings required through the laws of incorporation, all

Associations must have at least one (1) membership meeting each year at a time and place fixed by the President of the Association. This meeting will include a representative from the City of Johns Creek Recreation and Parks Division and the proposed election of the Board of Directors.

5. FINANCES AND FINANCIAL REPORTS

Each Association must supply the Recreation and Parks Division with an annual financial statement at the start and end of the season. This financial statement must be prepared by a certified public accountant, and signed by the Association President verifying that the report is accurate. Failure to comply with this condition can result in the immediate termination of any existing agreement and/or the preclusion of the

Association from actively pursuing future agreements with the City. The Association may appeal such action to the Recreation Manager and Parks Division whose decision shall be final.

A signed copy of the financial statement is required before the issuance of a facility use agreement.

6. REGISTRATION OF PARTICIPANTS

All Associations who use the City of Johns Creek athletic facilities must have open registration for participants. Due to the limited number of facilities, limits on the number of participants may be necessary. A priority system may be installed when there are more participants than spots available. If it becomes necessary to institute a priority

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The dates and times for registration will be determined by the President and the

Board of Directors of the Association. The announcement of those dates will be given to the general public through normal publicity measures.

Each Association must provide the Recreation and Parks Division with participant registration information. Once the participants have registered, a list of the participants’ names, addresses, sport/program, age group, gender, and email address must be supplied to the Recreation and Parks Division.

When the schedule of games and activities are issued to participants, a copy must also be supplied to the Recreation and Parks Division. This includes anticipated and known tournament dates. This will help in the distribution of information to participants and the general public. A list of all managers, coaches and assistant coaches, and email addresses must be supplied to the Recreation and Parks Division before the start of the season.

The Association’s Board of Directors or the sport specific Commissioner should designate a process for the selection of all head coaches, assistant coaches and team managers/parents.

7. LIABILITY INSURANCE COVERAGE

All Associations shall provide comprehensive liability insurance coverage.

Coverage shall cover potential injuries to participants, officials or spectators as well as damage to City facilities and/or equipment. Minimum insurance limits shall be set by the

City. Evidence of current coverage is required before an Association may commence use of City facilities. Failure to provide proof of acceptable levels of insurance coverage will result in forfeit of all rights and privileges to facilities.

8. CONTRACT COMPLIANCE

All Association shall comply with the terms and conditions of the facility use agreement and the Policies & Procedures Manual. Compliances shall also include the timely submission of required and requested documentation including: facility use agreement, Certification of Insurance; Board of Directors/Officers; Participation Reports;

List of Coaches; Game Schedules; Team Rosters; Annual Financial Reports; Non-City

Resident participation fees; and the Annual Meeting/Election Notice. Non-compliance procedures are outlined in the Facility Use Agreement.

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SECTION II

OPERATIONAL

REQUIREMENTS OF

ATHLETIC ASSOCIATIONS

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OPERATIONAL REQUIREMENTS

1. VOLUNTEERS

Volunteers are a vital component in serving the youth and adults of the City.

While volunteers are not formally City employees, each volunteer is a representative of the City to the public and is responsible for carrying out his or her duties to the best of his or her abilities at all times. Volunteers are asked to treat each other and those they serve with the respect and dignity by answering their questions and providing them with any resources, supplies or information needed. Volunteers are one of the City’s most valuable assets.

In order for a group of people to work together to accomplish organizational goals, regulation, policies and procedures must be established. The following behaviors have been identified as unacceptable for any volunteer. These behaviors are grounds for disciplinary actions, which include termination of the volunteer’s activities for the City.

Unacceptable Work Behaviors and Offenses:

Consistent and or excessive tardiness or absences

Obscene of abusive language or behavior on the job with the public

Failure to follow supervisor’s instruction/insubordination

Acts or threats of physical violence

Theft

Consistently ineffective or insufficient technical knowledge

Incompetence o inability to perform duties assigned

Failure to comply with Division policy, procedures, work rules or instruction

Being under the influence of illicit drugs or alcohol while on duty or upon reporting to duty

The unlawful possession of controlled substances on City property

Falsifying records or documents

Failure to meet expected standards or performance resulting in a poor quality or low volume of work

Abuse of safety policies, work rules and procedures resulting in property damage or a preventable accident

Having financial interest in or receiving a personable benefit from the profits or services rendered by the City

The unauthorized or improper use of City facilities, materials or property

Abandonment of the job

Conduct discrediting the City

Conviction of a crime

Violation of any provision of the Charter, Ordinance, Code, Resolutions, Personnel Rules or any administrative regulation of a volunteer’s superiors

Refusing to cooperate with an investigation

Acts or threats of child abuse

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2. VOLUNTEER CERTIFICATION

All managers, coaches, and assistant coaches are encouraged to receive youth sport-specific certification by a nationally recognized youth sports organization. The

Recreation and Parks Division may honor the certification of other sports specific programs, however, such approvals will be done on a case by case basis. All coaches, assistant coaches and managers must be educated and trained on how to successfully coach a youth sports team. Every child in the program shall be assured that he or she will receive fair and safe coaching and that all participants will have a good chance for success. Each volunteer who is planning to coach or assist in the coaching of a youth league team is required to fill out a City of Johns Creek Volunteer Application prior to the start of each sports season.

Volunteers who fail to complete the application may be removed from their duties at the discretion of the City.

The City reserves the right to suspend or reject a coach, assistant coach or other volunteer for unacceptable work behaviors and offenses as set forth in these policies.

3. CRIMINAL BACKGROUND SEARCH

In order to ensure the safety and well-being of program participants, the city of

Johns Creek reserves the right to mandate criminal background checks of all paid and volunteer staff. All background checks are to be conducted by a third party agency that specializes in this area. Any person can be disqualified or restricted in duties if, it is discovered that the person has been convicted of certain crimes and/or has pleaded guilty or no contest to certain crimes.

Prior to the start of each sports season, all prospective paid and volunteer staff must complete and sign the volunteer application authorizing the Association or its agent to conduct a criminal background search. Without a completed and signed volunteer application, a person cannot serve in any paid and or volunteer position with the

Association. The Association will conduct a search and check references for all prospective teen and adult volunteers. Both procedures comprise one component of the paid and volunteer staff placement process, the goal of which is to screen prospective paid and volunteer staff and place capable and qualified adults in all operational positions.

The criminal offenses that will disqualify a person from paid and volunteer staffing participation and the corresponding process used to determine disqualification are detailed below. The decision whether to exclude or limit a prospective paid and volunteer’s staff participation is within the discretion of the Association and the

Recreation and Parks Division. Factors to be considered in making such determinations include, but are not limited to, the nature of the paid or volunteer position, the nature of the conviction and when the crime occurred. The City’s and each Association’s primary

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Procedure to Criminal History Information

Each prospective paid and volunteer staff must complete and sign Volunteer

Application which authorizes the Association or its agents to ascertain the applicants’ criminal history record according to Federal and Georgia State law.

All paid and volunteer staff completing the application shall be considered to be

“pending” until such time as the criminal history record is returned. The pending status shall not exceed sixty (60) days from receipt of the application in the administrative offices of the Association.

Providing false information on the application is grounds for automatic exclusion from paid and volunteer assignments, regardless of the results of the criminal background search.

Upon receiving a report, that a paid or volunteer staff has a criminal record, The

Association shall review the record according to established procedures and decide what record(s) shall be forwarded to the Manager of the Recreation and

Parks Division.

The following rules shall apply if the Division receives information (via criminal background search or reference check) that a pending paid or volunteer staff has been convicted of, or who has pled guilty or no contest to one of the following crimes under the laws of the State of Georgia, another states or the United States.

Automatic disqualification:

Crimes against children

Homicides

Kidnapping

Arson

Bombs, Explosives, Chemical and Biological Weapons Offenses

Requires review by the Recreation and/or Parks Manager:

Robbery

Sexual Offenses

Drug Offenses (misdemeanor and felony convictions)

DUI Offenses (2 or more repeated convictions) within the last year

Assault and Battery Offenses (felony convictions)

Weapons and Dangerous Instruments

Thefts (1 or more convictions within a 5-year period)

Deposit Account Fraud (1 or more convictions within a 5-year period)

Requires review by the Association:

First Offender Status

DUI convictions within the last 5 years

Illegal use of financial transaction card offenses

Thefts (conviction six years ago or more)

Motor Vehicle and Traffic Offenses

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Assault and Battery Offenses (misdemeanors, except repeated offenses)

Deposit Account Fraud (conviction six years ago or more)

Criminal Trespass and Damage to Property Offenses

Forgery and Fraudulent Practices Offenses (less than 3 convictions within a 5-year period)

Gambling Offenses

Obstruction of Public Administration Offenses

Reckless Conduct

Public Order Offenses

Other Misdemeanor Offenses

All information included in the contents of a criminal history report is confidential. The paid and volunteer staff may request a copy of his or her criminal history by contacting the Association or their designee.

The Recreation and Parks Manager or Association shall review the record taking into account the following:

The nature and gravity of the offense(s)

The presence or absence of a judicial disposition

The disposition of the case

The amount of time since the offense, conviction and completion of a sentence

The individual’s employment record and conduct since the offense, conviction and completion of sentence

The response the individual gave on the application to the question regarding the individual’s criminal history

The nature of the paid and volunteer position in relation to the conduct

4. ASSOCIATION FEES AND CHARGES

The Association may charge reasonable fees in order to conduct their program.

The Association will adhere to the current fee policies set by the City, as they may be changed from time to time. Prior to the start of registration, all proposed fees and charges must be submitted and approved by the City of Johns Creek Recreation and

Parks Division.

All revenue received by the Association must be used exclusively for the operation and promotion of the program being conducted or towards the City facility being used. Absolutely no admission or parking fees for games (including tournament or exhibition games), are to be collected at any City of Johns Creek Parks by an Association and/or other group without the prior knowledge and written consent of the Manager of the Recreation and Parks Division.

Paid and volunteer staff, unaffiliated with the Association, are discouraged from handling cash or other items of value from citizens or vendors.

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The Recreation & Parks Division reserves the right to audit the financial records of the Association at any reasonable time. Per the terms and conditions of the use agreement, the Association is mandated and required to provide a balance sheet to the

City in consideration of further participation within this program.

5. FINANCIAL ASSISTANCE

The Association has the authority to establish a scholarship program within financial limitations and to approve or deny each request based on the Association’s documented criteria for determining need. Associations may be requested to provide proof of financial solvency prior to issuing scholarships or providing free participation.

Scholarships may not be withheld from any eligible applicant indiscriminately.

6. SAFETY AND EQUIPMENT

Each Association is responsible for operating their program(s) in as safe environment as possible. All sport equipment must meet national safety standards with regular documented inspections as to the condition of the equipment performance. This includes equipment rented, leased, donated, or loaned to participants by the Association.

All fields should be inspected before each use to insure a safe atmosphere.

It is required that no less than one coach or assistant coach be on duty when teams or players are occupying the facilities. Associations must have a sufficient number of mature representatives present to supervise all scheduled activities from the time the participants arrive until the area has been completely vacated.

It is the responsibility of the Associations to have on hand and to maintain a first aid kit to deal with cuts, bruises and contusions that may occur during activities.

Associations are encouraged to purchase defibrillators and train members in their use. If any Association participant, staff member or volunteer is injured and/or receives medical treatment while on City property, the Association shall be required to submit an incident report form to the Recreation Manager providing detail on the nature of the injury how the injury occurred.

It is the responsibility of the Association, coaches, assistant coaches, players and other paid and volunteer staff to report any illegal, unsafe or hazardous areas or activities on or near the activity area(s).

7. DISCRIMINATION

Subject to appropriate classification for purposes of insuring the safety, health, and welfare of participants, each Youth Association agrees that all persons shall be offered the opportunity to participate in all Association programs regardless of race, color, national origin, religion, sex, age, and handicap, unless such participation would create a risk to the participant or an imminent danger to other participants, spectators, officials and/or themselves.

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8. MAINTENANCE RESPONSIBILITIES

Each Association is responsible for all field preparation for games and practices and all other maintenance above and beyond the regularly scheduled maintenance services by the City.

The Association is responsible for:

Dragging, raking and lining the fields during the season

Keeping the announcer’s booth, concession stand and restrooms clean and safe during the activity

Keeping all litter picked up around the dugouts, bleachers, fields, fences, concession stands, etc. and placing all litter in the proper trash receptacles before and after each event.

Report any damaged, dangerous or faulty equipment to the City of Johns Creek

Recreation and Parks Division. Work request for general maintenance or special needs on existing facilities should be made in writing to the City of Johns Creek

Recreation and Parks Division.

In lieu of a security/damage deposit the Association shall be responsible for security and any repair and replacement cost for any damage caused by negligence or misuse of premises. Any damaged items shall be assessed by the Recreation and Parks

Division and the sole discretion rests with the Recreation or Parks Manager.

9. PUBLIC USE OF FIELDS

All City of Johns Creek parks and recreation facilities are available for public use.

Those facilities under a facility use agreement are available first to the indicated

Association for scheduled games, activities, practice or maintenance. When not in use by the Association, the facilities are available to the public on a first come, first serve basis.

The Association may not prohibit public access of facilities during unscheduled times.

The Association may not manipulate facilities at the expense of public access rights.

Changes or deviations to the Association’s approved schedule must be submitted to, and approved by the Recreation Manager prior to occupancy. Failure to comply with this condition will be viewed as non-compliance with the use agreement and subject to termination of said agreement.

10. SUB-LEASE OF FACILITIES

The City of Johns Creek facilities under a facility use agreement to an Association may be permitted by the Association to a third party organization for the purpose of conducting additional sports activities or services. The City of Johns Creek Recreation

- 14 -and Parks Division must approve any third party agreement and associated fees. At no time shall an Association engage in a third-party agreement, nor shall the Association sublet or subdivide City facilities. This includes, but is not limited to, use of fields, concession facilities, pavilions and/or similar structures, without the prior knowledge and written consent of the Recreation and/or Parks Manager. Any violation of this regulation will forfeit the Association rights and privileges to operate on City properties, and could lead to an investigation and charges being filed. Any fees and/or charges must be used specifically to recoup maintenance, utility, and operational costs. Third parties must carry appropriate insurance or fall under coverage of facility use agreement holder as specified in Section I.

11. ALTERATIONS/IMPROVEMENTS

The Association may not, without prior written approval from the Recreation and

Parks Manager, make alterations and/or improvements to the Facilities. Said alterations/improvements, including permits, fees, utilities, inspections, easements, etc.

shall be at the sole cost of the Association. The Association may not allow, permit or otherwise incur a lien of any sort or kind to be filed against said facilities.

Alterations/improvements, if of a permanent nature, shall become a part of the premises and all title and rights to said alterations/improvements shall vest to the City.

If not of a permanent nature, said alterations/improvements may be removed by the Association upon termination of this agreement. In such case, the site shall be restored to the original condition, except for normal wear and tear.