Transcript POLICY DEVELOPMENT - Kansas State University

Legal Basis
Parks and Recreation
Power from Enabling Legislation
Limited Regulatory examples
Roles of Policy Writers
Writing Policy
Enabling vs. Regulatory
Legislation
 ENABLING
 That which enables, authorizes or allows
 provides the framework or sets the parameters
wherein a community (for example) might initiate a
recreation commission
 REGULATORY
 Controlling (e.g. speed limits)
 Note that a statute can enable or authorize a city to
develop a regulatory ordinance (hazardous trees, or
parks close at 11:00pm)
Statutes/legislation applicable to
Parks and Recreation (state/local)
 CHAPTERS
10 - Bonds and Warrants (Cash Basis Law)
12 - Cities and municipalities, Rec Commissions
Inter local agreements, eminent domain,
Article 13 – Parks and Public Squares
Article 19 – Public Recreation and
Playgrounds
Statute 12-1922 Rec Systems definitions
Article 32 - Trees and Shrubs (basis for
hazardous tree ordinances)
Legislation applicable to Parks and
Recreation
13, 14, 15 (Cities of the 1st, 2nd and 3rd class)
19 - Counties, Johnson Co Park and Rec’ District
32 - Wildlife, Parks and Recreation
58 - Personal and Real Property (Rec Use Statute)
72 - Schools
74 - State Boards, Commissions and Authorities
75 - State Departments, Public Officers and
Employees
(e.g. Tort Claims Act)
79 -Taxation (mil levies)
Opinions of the Attorney General (clarifies questions on law)
Noteworthy changes
 Via Executive Order the KDWP becomes
State Department (formerly the KS Fish
and Game Commission and The KS Park
and Resource Authority)
 Removal of mil levy limits
 Ability of Recreation Commissions to own
real property
Enabling Legislation outlines:
 jurisdiction
 structure (city, school, joint, etc..)
 policy board size and makeup
 means of initiating or dissolving
 method of increasing budget
 authority (to accept $, sue and be sued,
purchase insurance, acquire land, etc..)
Types of Public Park and
Recreation Entities enabled
Recreation Commissions
(city, school, joint)
City Park Departments
City Recreation Departments
City Park and Recreation Departments
County Park or Park and Recreation Dept
Special Park and Recreation Districts
Inter-local agreements combining two of above
KDWP, KS Water Authority, KWP Commission
Which of the following is an
example of ENABLING
LEGISLATION
33%
33%
33%
1. Statute (Executive Order) that created
the new KS Dept of Wildlife and Parks
2. The KS Open Meetings Law (requires
most meetings to be open to the public)
3. Recreation Use Statute (protects
landowners willing to make their propert
available for outdoor recreation for no
charge)
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Recreation Commissions
 Can be organized as either a city, school or joint
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entity
Formed by referendum/vote
Put on ballot by city commission, school board,
joint or 5% of registered voters
Approval by voters pledges property tax levy to
fund.
Commission is a 5 member authority that may
hire director, tax, and operate programs, etc..
Examples: Most communities under 10K.
One major advantage is the dedicated mill levy.
(agencies with this approach were hurt much
less by the recent economic downturn).
The form of Recreation Commission that exemplifies
both collaboration AND the greatest possible tax
base is
1. City
2. School
3. Joint City and
School
33%
33%
33%
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City
School
Joint City and Sc...
City Park Departments
 Park operations (including land ownership) are
carried out in several fashions. In communities
where a recreation commission exists, a city
park department is often the agency responsible
(not always though – smaller cities have park
functions as a section or division under the Dept
of Public Works)
 Good balance to Rec Commissions, but relies
on collaboration to be effective
 Examples: Emporia, Great Bend
City Recreation Departments
 Separate city department for Recreation.
May also be a separate city department for
parks in these communities.
 (not a lot of examples statewide: El Dorado
Combined City Park and
Recreation Departments
 Most typical approach for larger cities.
Many were separate
departments/commissions originally but
chose to combine for more clout and less
duplication of resources.
 Examples include: Manhattan, Salina,
Lawrence, Wichita, Topeka
 Director is cabinet level officer
County and Special District
 Expect to see more of these in the future but the best
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example for KS is Shawnee County Parks and Rec in
the Topeka area. Operates Lake Shawnee, Expo Ctr,
and centers and programs across the county.
Wyandotte County Unified Gov’t is somehwat similar
The ONLY Special District is the Johnson County Park
and Recreation District. Districts can be any size
(JCPRD just happens to be the county boundary).
Special Districts are pretty prevalent in Colorado
These operate like recreation commissions in terms of
funding (dedicated mil levy) but unlike recreation
commissions JCPRD owns property and its primary
function is park operations over programming.
Inter-local agreements
Some combination of several governmental
entities working in partnership
 City/county
 County/School
 School/School
etc..
State
 Kansas Dept of Wildlife and Parks (now a
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state dept but formerly a commission)
KS Water Office
KS Dept of Health and the Environment
State Universities (intramurals)
State Historical Society (semi-public)
State Extension (along with 4H also semipublic)
Which of the following agency
types enjoys its own dedicated mil
levy
33%
g.
..
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a
Pa
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A
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ou
A
ny
re
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bi
ne
33%
n.
..
...
park and
recreation
department
2. Any recreation
commission
3. County Park
Agencies
C
0
of
30
33%
C
1. Combined city
Other States
 Park Districts – Illinois
 Special Park and Recreation Districts Colorado
 Fish and Game Commissions – Nebraska
 Department of Natural Resources –
Missouri
Legal entities – Not for Profit
 501(c)(3) most typical
 Not for profit means that no part of the income
is distributed to members or officers
 Noted for freedom from federal income tax
burden, local property tax burdens and sales
taxes
 A profit can be made on an enterprise related
to its mission
Legal entities in the private sector
 For profit
 Sole proprietorships ( a business owned by a
single individual)
 Partnership (an association of two or more
people for the purpose of operating a
business for profit) types: general – limited
 Corporation (acts like a person but functions
separately) types: regular, sub S
 Limited Liability Corporation (LLC)
Federal Agencies
 Federal authority in provided under broad
general authority of the constitution
(general welfare, commerce and property)
 Specific authority comes via congressional
action describing broad functions which
are then implemented via administrative
regulations
Federal Enabling (examples)
 National Park Service – Organic Act
 USFS – Multiple Use and Sustained Yield
Act
Significant Legislation
 Forest Reserve Act of 1891
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 Gave President power to set aside reserves (forests)
Antiquities Act (1906)
 Power to President to set aside lands and establish Ntl
Monuments
Alaska National Interest Lands Conservation Act
Transferred 44.7 mil acres from BLM to NPS in AK
(just after President Carter moved 57 mil acres
to NPS
via the Antiquities Act (1980)
Clean Water Act of 1972
Pittman Robertson (H) Dingall Johnson (F)
 Excise taxes on sporting goods
Endangered Species Act (1973)
Ntl. Environmental Policy Act of 1970
 Requires EIS
Publishing and Organizing Policies
 Public Law ( Organic Acts, NEPA, Clean Water Act,
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Administrative Procedures Act, Exec Orders)
Code of Federal Regulations
Director’s Orders (NPS Director and 7 regional directors Ntl. Leadership Council)
State Statutes
City ordinances
Handbooks and Policy manuals (all levels)
 Personnel
 Planning
 Operations
 Land Protection/Natural Resources
 Cultural
 Facilities
 Fiscal
 Concessions
 Fees
Values
 STRATEGIC
 Must be managed as a
strategy to maintain or
improve a valued
position
 Oil / Wildlife Refuge
 COMMODITY
 Considers resources as
goods that can be
developed for products
 Trees = lumber
 River = hydro power
(emerging focus of
recreation as a commodity
= tourism $$)
 AESTHETIC
 Contemplation,
Restoration of the soul,
 (old approach of
recreation)
 MORAL
 Resources should be
treated well for their
importance as elements
to the earth (save
resources for future
generations)
Methods of Influencing Public
Opinion
 Lobbying
 Information
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Dissemination
Communication
campaigns (letters, email,
fax, etc.)
Cooperative Programs
(related mission –
partnerships)
Litigation
Testimony (hearings)
 Protests and
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Demonstrations
Position Statements
Campaign endorsements
Public Meetings
Citizen
initiatives/referendum
Oversight monitoring
Boycotting
Professional’s Dilemma
State and Federal Levels
 Professional land use managers like
yourselves are handcuffed by the policy
making process. (They are prepared to
make wise use decisions but since most
are public officials, find it very difficult to
participate in the influencing process)
other than to provide the management
information when asked
Sources of information for policy
recommendations
 Professional Literature
 Recommendations from professional societies
(NRPA, KRPA, AALR, NLoC)
 NRPA Agency Accreditation process
 Expectations of Funding Agencies
 (ADA, ISTEA, FLSA, etc..)
 Departmental Factors (opinions of board
members, legal counsel, etc..)
Policies and Procedures
 POLICY
 Broad, written
guidelines designed to
determine and direct
agency action
 Usually simply and
generally worded...
leaving some room for
interpretation by
administration
 PROCEDURE
 Specific methods and
actions to be used by
staff to implement
policy.
Determining Policy
Local Government Level
Role of Board and Administrator
 Writing policy is a joint effort
 Board’s purpose is to write policy that reflects
the needs of their constituents
 Administrator’s role is to provide the board
with adequate information to write implementable, professionally current and legal policies
 Only agency director administers policy
Types of Boards (Commissions)
 Types of Boards include:
 completely separate bodies with full authority
(cities, school districts, etc.)
 semi-independent bodies (still dependent on higher
power ..Recreation Commissions, KWP
Commission
 Advisory Boards
Comparison of Policy and Advisory
Boards
 ADVISORY
 seldom have a legal
basis
 exist to serve the
administration
 recommend policy but do
not write it
 members appointed
 an even number of
members forces sides
 POLICY
 have legal authority
granted by law
 meetings are public
record
 hire administrator
 oversee budget
 members appointed or
elected
 odd number (ie. 5)
Policy Examples:
 PURPOSE (outlines the reason for the
policy...what it will accomplish)
 POLICY (in general terms)
 PROCEDURE (specific details of action
needed to be taken)
FEE POLICY
 PURPOSE: The intent of charging fees is to
distribute the costs of programs more equitably
to the users of those programs and to increase
revenue in order to provide additional
recreational services
 ADULT SPORT FEES The fee for adult sports
shall recover all direct agency operating costs
plus 15% for overhead.
FEE POLICY (procedures)
 Pricing Adult Softball
 The following costs shall be included as direct
operating costs for determining fees:
 lights
 diamond managers, officials and scorekeepers
 diamond maintenance
 supplies (balls, scorebooks, bases, chalk)
Considerations for writing a
Facility Rental Policy
 What facilities can be rented?
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 Ballfields Shelterhouses Meeting Rooms
Priority (agency programs, then who?)
Price (should it vary by group?)
Forms (who needs to know?)
Scheduling use to avoid duplication
FACILITY RENTAL POLICY
 PURPOSE To equitably meet public demand
for the department’s areas and facilities, the
Olathe Parks and Recreation Department
establishes the following guidelines to show
that public use of agency facilities is
appropriate under certain conditions.
Complete Policy Assignment
 From Course website determine your
group and policy assignment. You will
have this class time on Tues and Thurs of
next week as we will not have class (I will
be attending and presenting at the KRPA
Conference in Topeka)
 Presentation of completed assignment will
be Tues, Feb 2.