Committee on the Judiciary and Public Safety July 1, 2014
DRAFT Report on Bill 20-320 Page 8 of 8
TO: All Councilmembers
FROM: Councilmember Tommy Wells, Chairperson
Committee on the Judiciary and Public Safety
DATE: July 7, 2014
SUBJECT: Report on Bill 20-320, “Shared Use of School Property Amendment Act of 2014”
The Committee on the Judiciary and Public Safety, to which Bill 20-320, “Shared Use of School Property Amendment Act of 2014” was referred, reports favorably and recommends approval by the Council.
CONTENTS
I. Background And Need 1
II. Legislative Chronology 4
III. Position Of The Executive 4
IV. Comments Of Advisory Neighborhood Commissions 5
V. Summary Of Testimony and Statements 5
VI. Impact On Existing Law 7
VII. Fiscal Impact 7
VIII. Section-By-Section Analysis 7
IX. Committee Action 7
X. Attachments 8
I. Background And Need
Bill 20-320, the “Shared Use of School Property in the District Act of 2013” was introduced on June 6, 2013 by Councilmember Wells.[1] The bill was referred to the Committee on the Judiciary and Public Safety. On January 9, 2014, the Committee held a hearing on the bill; a summary of the testimony provided at the hearing and statements submitted for the record are found below in section V.
In 2013, the Trust for Public Land issued a report that ranked Washington D.C. sixth in the country for public access to parks, due in large part to significant swaths of federal green space. However, the report also stated that the District has fewer playgrounds than other cities in the survey and that “city officials should work to improve park and playground access for residents in Ward 1 in Northwest Washington and in Ward 5, which is mostly in Northeast.”[2] Obesity statistics show a need throughout the District for public access to recreational spaces beyond parks, such as playing fields, playgrounds, and gymnasiums. Approximately 56% of adults and 18% of youth in D.C. are overweight or obese. These statistics raise major concerns about risk of heart disease, diabetes, and stroke, economic, and psychosocial well-being for residents.[3] In the District, five of the top 10 causes of death are directly related to diet, physical activity, and weight status.[4] Research indicates that children in low-income and predominately racial/ethnic minority communities are less active, in part, because of limited access to safe, free or low cost, and convenient recreational facilities.[5]
Schools are located throughout the District, and have gymnasiums and playing fields, which often go unused during non-school hours.[6] The purpose of the legislation is to increase community access to public school fields, gymnasiums, and facilities for recreational purposes. The impact of increased access for residents could also result in increased health benefits, and help battle obesity and other health problems that stem from physical inactivity. However, the District currently limits public use of school property, in part due to concerns that if a member of the public were to be injured while on school property, the school could potentially be held liable. Bill 20-320 addresses this liability issue, by specifically limiting the potential liability to the District and its employees when they allow non-school sponsored public recreational programs to use school property during non-school hours.
Currently, in order for non-school sponsored groups to utilize school property during non-school hours, a person or organization must follow the school property and facility reservation procedure. The process begins with the completion of “Application to Use Facilities” form, which can be downloaded from the Department of General Services (DGS) or DC Public Schools (DCPS) websites, or picked up at the school.[7][8] In order to submit the form to DGS for review, the applicant first must receive permission from the school’s principal to use the school’s facility.[9] In addition to completing the form, use of the facilities requires the applicant to have public liability coverage and property damage coverage.[10] Non-District government users must sign an “Assumption of Risk, Indemnification, and Waiver Form,” which must include the government as an additionally insured party. After this information has been submitted to DGS, DGS will submit all applications to DCPS Security Office for an assessment of the required security services for the event and determination of security costs.[11] Lastly, DGS also determines the cost of custodial services and rental fees for the property, and submits the total cost to the applicant.[12] If the applicant then agrees and provides payment, the use of the property is scheduled.
Director Hanlon testified at the January hearing that organizations have been denied permit applications in part based on liability concerns.[13] Bill 20-320, as amended, would address this issue by limiting the liability of the District and its employees, when granting access to school property to the public, to two instances. First, the government may be liable when it willfully or maliciously fails to guard or warn against a dangerous condition, use, structure, or activity. Second, the government may be liable if the government commits criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct in its operations of the facilities or supervision of the event. These standards ensure the government maintains some liability and responsibility to create and preserve a safe environment when the public accesses school property during non-school hours.
However, Director Hanlon also testified that “limiting liability alone may not necessarily increase access to facilities and school grounds . . . after hours facility use requires staff to open and close the area, and results in overtime, security, custodial and additional maintenance costs.[14] Accordingly, Bill 20-320 also directs the Mayor to issue rules within one year to help guide the agencies, the recreational groups, and the local community, to help establish a transparent process for reserving public school fields during non-school hours.[15]
During the hearing, public witnesses raised additional issues beyond liability, specifically related to field availability and the permitting process.[16] Those issues, while significant, are outside the purview of this Committee.
Bill 20-320 would remove one major obstacle to increased access: By limiting liability, schools would have one less burden to face when making the decision to open access to its school property. The Committee hopes that after removing this first obstacle to non-school sponsored use of school recreational facilities, the executive will make every effort to break down remaining barriers. Increased access to recreational spaces increases incentive to be active. Increased physical activity leads to better health, which is of utmost importance to the overall health of the residents and the District as a whole.
Bill 20-320 is the first step to opening school recreational spaces to the community; the second step lies with the executive and the promulgation of rules to address potential increased costs, priority of access, and transparency regarding field availability.
For the reasons explained above, the Committee recommends approval of this bill as amended.
II. Legislative Chronology
June 04, 2013 Bill 20-320 is introduced by Councilmember Tommy Wells.
June 04, 2013 Bill 20-320 is referred to the Committee on the Judiciary and Public Safety.
June 14, 2013 Notice of Intent to act on Bill 20-320 is published in the District of Columbia Register.
November 15, 2013 Notice of a Public Hearing is published in the District of Columbia Register.
January 9, 2014 The Committee on the Judiciary and Public Safety holds a public hearing on Bill 20-320.
July 7, 2014 The Committee on the Judiciary and Public Safety marks-up Bill 20-320.
III. Position Of The Executive
Brian Hanlon, Director of General Services, testified on behalf of the executive in support of Bill 20-320. The Director stated that since DGS plays a key role in the school property and facility reservation process, this legislation helps to ensure that District employees are not inadvertently held liable for injuries or loss resulting from approving a community use for a District school property.
Director Hanlon testified about the current process for school property and facility reservation, including the insurance and cost requirements necessary before gaining access to school property. However, Director Hanlon stated that limiting liability alone may not increase access to facilities and school grounds. He stated that DGS must work with DCPS to ensure that maintenance of facilities, security, and custodial costs can be covered with the added wear and tear from community use. Director Hanlon stated he looks forward to working with the Mayor’s office and stakeholders to establish a transparent and accessible permitting process for anyone who wants to use public school properties for recreational activities.
IV. Comments Of Advisory Neighborhood Commissions
The Committee did not receive testimony from any Advisory Neighborhood Commissions. Commissioner Matthew Frumin, ANC 3E02, submitted testimony on his own behalf, which has been summarized below.
V. Summary Of Testimony and Statements
The Committee on the Judiciary and Public Safety held a public hearing on Tuesday, January 9, 2014. The testimony summarized below is from those hearings; written testimony is part of the hearing record, which is on file with the Office of the Secretary. A copy of the witness list is attached. The video recording of the hearing is available at: http://dc.granicus.com/MediaPlayer.php?view_id=28&clip_id=2019
Bonita Pennino, State Government Relations Director, American Cancer Society Cancer Action Network, Inc., testified that currently two out of every three adults, and one out of every three adults are obese. Ms. Pennino also stated that maintaining a healthy body weight throughout life is key to reducing cancer risk and that evidence also suggests that in underserved communities, access to school recreational facilities improves the likelihood that community members will be physically active. Ms. Pennino testified that her organization fully supports the bill.
Jennifer Witten, Senior Government Relations Director at American Heart and Stroke Association, testified that as a trend, shared use legislation is more widespread, and there is a campaign against obesity that is spreading across the nation. She stated that this legislation is the first step to open up the schools and getting the community out into green spaces. Ms. Witten testified that research has indicated that people who have parks or recreational facilities nearby exercise 38% more than those who do have fewer resources to support active lifestyles and lack of safe places to exercise. Ms. Witten testified she supports the legislation because it addresses liability issues while incentivizing the public schools to open up their facilities to the tax payers who pay for them.
Alex Bearman, Executive Director, District Sports, testified that larger organizations have the ability to hire specified personnel who find public space in the city, and that smaller organizations do not have the same luxury, and are therefore often are left without a space to hold an event. He stated that this bill will help more people gain access to their local school playing fields and gymnasiums. Mr. Bearman stated he supports the bill but believes it is the first step in the process.
Robert Albrecht, CEO, United Social Sports, testified that the government needs a system in place that helps manage the use of the public fields. He stated that the District does not have an organized system that monitors the application process for bad actors and abusers, and there are frequent incidents of people who enter multiple permits for the same event, or fail to use permits once they have obtained them. Mr. Albrecht believes that even with the legislation, without an effective process to administer the permits, DC will not be able to maximize the use of its fields.
Seth Shapiro, Capitol Hill Baseball, stated the District needs a system for access to fields. He stated he would trade field maintenance for field use. It is hard to project how much need we have because we currently plan based upon limited access to field. Mr. Shapiro testified there is a great need for a public list of fields for the community to know what areas are available and in the inventory. Mr. Shapiro stated he supports the bill, but is curious how DGS will handle the application process and increase transparency on available fields.
Tom Gross, Administrator, Stoddert Soccer, testified in support of the bill. Mr. Gross mentioned the difficulty of getting field space in the fall and winter months, when daylight is limited. He stated that school programs get priority and many times community organizations are left out of the loop. Mr. Gross stated he believes this bill will go a long way to alleviate the lack of access to playing fields during the fall and winter months.
Lloyd Cornish, CEO, The Deloren Foundation, testified there are a large number of students who work and go to school, and require sports leagues with a more flexible schedule. Mr. Cornish stated gym space is one of their biggest problems. He stated there is a disconnect between the needs of working students and parents, and the schools providing access to gym space early in the morning or late at night. Mr. Cornish stated that last season they had 12 sport leagues, but they need more access to facilities to grow. In addition, Mr. Cornish testified that educational programs should be included with recreational programs to get increased access. Mr. Cornish stated he supported the bill.
Victor Long, DC Trial Lawyers Association, submitted testimony about the association’s concern with gross negligence being the standard used by the legislation to hold the District accountable in potential lawsuits. Mr. Taglieri stated he supported an amendment to the bill to include simple negligence as the standard for schools to maintain and inspect their properties when opening its property to the public.
Commissioner Matthew Frumin, ANC 3E02, stated there is a need for a transparent inventory of the fields. Mr. Frumin stated the challenges get greater when the events are indoors. He stated outdoor events are easier to access and maintain. Mr. Frumin stated he supports the bill, but believes there are going to be challenges for DGS to maintain the fields and staff janitors and security for the additional events.
Eric Bone, public witness, stated he would support the act that makes school property more accessible to recreational activity.
Alysia Smith-Parker, DC Hunger Solutions, submitted testimony that stated all District residents deserve to live in neighborhoods that promote health and provide access to the resources they need to live a healthy, active lifestyle. She also stated the bill is a necessary step in addressing current policy barriers and building healthy communities.