Housing Opportunity 2014 - Transformative Placemaking for Neighborhoods, Housing and Health, Robert Ogilvie


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Robert Ogilvie, ChangeLab Solutions

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  • Innovative Solutions that Promote Access to Healthy, Local and Sustainable Food
  • Fairmead, CA
    Kids can get hurt by jumping the fence. They jump the school fence to go play soccer. They should make a park that can be opened. We need a PARK in Fairmead.
  • Fairmead, CA
    The good thing about this picture is that lots of kids are playing and having fun. The bad thing is that they are playing in a parking lot. They have to play in the parking lot because they can’t go inside the school and play.
  • Allocate liability risk – determine whether or what type of indemnification to require
  • To assist school and government attorneys in assessing liability risks, NPLAN commissioned a 50-state survey of the laws governing liability for after-hours recreational use of school facilities.
    The survey results consist of two parts:
    Overview memo that sets the analytical framework for assessing a school’s liability risks
    State memos that analyzes each state’s legal framework governing liability for after-hours recreational use of school property
  • Housing Opportunity 2014 - Transformative Placemaking for Neighborhoods, Housing and Health, Robert Ogilvie

    1. 1. Opening community access to schoolsOpening community access to schools and other public properties throughand other public properties through Shared UseShared Use Presented by Robert S Ogilvie, PhD VP Strategic Engagement
    2. 2. Formal Joint Use agreements policies are a more permanent solution
    3. 3. Joint Use can be enshrined in land use plans
    4. 4. State wide policies can set expectations and provide incentives and penalties
    5. 5. State School Boards Associations can create model policies and facilitate joint use in individual districts.
    6. 6. District policy DC Open Schools directive - guidelines to ensure community ac to District of Columbia Public Schools outdoor facilities and gro for recreational purposes
    7. 7. Policies don’t open school gates though – agreements do that
    8. 8. Unlocking the Gates Bellevue, WA Partners: City of Bellevue Parks & Rec and Issaquah SD Agreement: SD provides access to Cougar Elementary School fields. City provides annual field maintenance. Management committee meets annually to work out any problems with agreement.
    9. 9. oor and Outdoor Access Corning, Tehama County Partners: Recreation Department, Corning Union ESD and Corning Union HSD Facilities 8 ES and 3 HS  Gymnasiums, swimming pools, tennis courts, athletics fields Activities spread out to avoid disproportionately heavy use on 1 facility
    10. 10. (School) (Non-Profit) Nonprofit Partnerships & programming Pinellas County, FL Partners: Pinellas County School Board and YMCA Agreement: YMCA offers before- and after-school child care, art classes, and sports clinics/leagues at numerous district school facilities.
    11. 11. Reciprocal Access Seattle, WA Partners: City of Seattle Parks & Rec and Seattle School District No. 1 Facilities: Athletic fields and complexes Swimming pools Community centers
    12. 12. Look beyond the school yard
    13. 13. http://www.flickr.com/photos/cjb19772009/7284286040/in/pool-great_allegheny_passage ublic Rights of Way
    14. 14. http://www.flickr.com/photos/manyhighways/3652475343/
    15. 15. Community groups might need access to the school kitchen for meals programs
    16. 16. Make staff a central part of planning
    17. 17. Liability- Invitees Maintenance Operations Liability Ownership Scheduling aware of MOLOS and deal with them in the agreement
    18. 18. Legal Research Findings  Governed by state law  All 50 states have some defenses o All 50 have some level of governmental immunity o Some states have recreational users defenses  In no state are rules for recreation use more onerous than rules that apply during school day  In many states the rules are more lenient
    19. 19. Other Forms of Protection from Liability
    20. 20. Insurance  Schools carry insurance  All groups using schools must be insured
    21. 21. Indemnity Indemnification clause: a contract provision in which one party agrees to be responsible for any liability that the other party might incur.
    22. 22. Find a solution where everyone wins Earlimart School District Benefit – 3 ½ acre park Responsibility – park maintenance and liability. Tulare County RMA Benefit – Access to site as emergency “ponding basin” in case of flooding Responsibility – planning, funding and construction Earlimart Community Benefit – New public park accessible to all residents Beautification of neighborhood
    23. 23. Joint use is shared: • Maintenance • Security • Repairs • Improvements • Access to new funding How do schools benefit?
    24. 24. Joint Use can show the public the value and accessibility of our public institutions
    27. 27. DISCLAIMER The information provided in this seminar is for informational purposes only, and does not constitute legal advice. ChangeLab Solutions does not enter into attorney-client relationships. The primary purpose of this training is to address legal and/or policy options to improve public health. There is no intent to reflect a view on specific legislation. ChangeLab Solutions incorporates objective non-partisan analysis, study, and research in all our work. No federal funds were used to create this presentation
    28. 28. Thank you! Robert Ogilvie rogilvie@changelabsolutions.org changelabsolutions.org © 2012 ChangeLab Solutions This material cannot be copied or reproduced without permission.