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HomeMy WebLinkAbout2514 Establishes a Cable Access Commission ~ f ' 6;Ak ORDINANCE NO . ) _ AN ORDINANCE OF THE CITY OF ASHLAND, OREGON, ESTABLISHING A CABLE ACCESS COMMISSION. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Definitions. For the purpose of this ordinance, definitions previously pro-Vided in Ordinance No. 2258 shall be applicable and incorporated by.-reference. In addition, the following definitions shall have`the meani g ; given herein. The word "shall" is always mandatory and not merely iroctory. 1. Access Channel shall mean~trat~ government access channel provided to the City of`Ashlagd, by\t e Cable Company in accordance with Section 26 of Ordinante\N6. 2258, said channel shall operate with equipment provided by'bo the Cable Company and by Southern Oregon'State College, sha'~l be located on the Southern Oregon State College campus, andshall be managed by Media Department of the Colle e. It stall be expected to operate, to the extent possible, 'n accordance with the "Report To The Ashland City Council FroiA CATV ccess Committee" as adopted by the City Council on April 4, 1989. 2. Ashland Cable Access Commission shall be that group of people created by and with authority as delineated by this ordinance. 3. Cable Access Center shall mean the physical site and those personnel hired by Southern Oregon State College to staff and operate the project. 4. Participating Public Agency shall mean any non-profit or governmental agency contributing at least 15% of the annual operating budget for the project during any full year of operation. 5. Protect shall mean the facilities, staff and operation of the Government Access Channel. SECTION 2. Ashland Cable Access Commission: Membership, Vacancies, Quorum, Rules and Regulations. (1) Membership. There is hereby created an Ashland Cable Access Commission whose membership shall be nominated by the following parties and confirmed by the City Council: -1- (a) Voting Members: 3 nominated by the Mayor 2 nominated by the President of Southern Oregon State College 1 nominated by the Ashland Community Hospital Board 1 nominated by another Participating Public Agency (b) Non-Voting (ex-officio) Members: 1 representing Cooke Cable or its successor 1 representing City of Ashland Administration 1 representing Southern Oregon Film & Video Association 2 representing Southern Oregon State College Media Center and Cable Access Center Staff (2) Terms. Terms for all initial members shall be for three (3) years. (3) Vacancies. Vacancies shall be filled by the nominations from the appropriate authority and confirmed by the City Council as promptly as possible. Should there be no "Participating Public Agency" at the outset of the project, then that vacancy shall be filled by the first group to satisfy the conditions for Participating Public Agency as spelled out in the definitions section of this ordinance. Any Commissioner who is absent for two (2) consecutive meetings or four (4) meetings in a one-year period without being excused, shall be considered no longer active and the position vacant. (4) Quorum. A quorum for any appropriately called meeting of the Ashland Cable Access Commission shall exist whenever a majority of the duly appointed voting members are present. (5) Rules, meetings. The Ashland Cable Access Commission shall develop and operate in accordance with appropriate rules and regulations for the conduct of its meetings, and shall meet at least once each month. (6) Management. The management of the project shall be under the direct control of the Southern Oregon State College Media Center. The Cable Access Center staff and the Media Center shall assume responsibility for decisions pertaining to staffing, budget, equipment, and program selection. SECTION 3. Duties and Responsibilities. 1. The Ashland Cable Access Commission shall review, adopt and recommend for City Council approval appropriate guidelines, policies and procedures for staff decisions, and in particular, those related to program -2- selection. The Commission shall be informed of all decisions by staff related to the implementation of guidelines, policies and procedures. 2. Staff will be expected to make decisions involving scheduling, approval or denial of programming or air time. Those decisions, which in staff judgment seem difficult or sensitive, may be deferred to the Ashland Cable Access Commission. In addition, those aggrieved by a staff decision may appeal to the Commission. 3. The Commission shall have the further responsibility to assess whether the public's need for community access programming is being satisfied and to develop long range plans, strategies, and recommendations for improved community access as they deem necessary. 4. The Commission shall have the authority to search out grant funds and other sources of revenue for the project, to foster new program development, and to seek additional participants. SECTION 4. Appeals. The Ashland Cable Access Commission shall be the final hearing body for decisions related to the project. However, those aggrieved by a commission decision may petition the Ashland City Council for an administrative appeal. The Ashland City Council may determine whether it will hear said appeal, or leave standing the decision of the Ashland Cable Access Commission. SECTION 5. This ordinance shall be in effect for three (3) years from the date of its approval. The purpose of this provision is to provide for both a reasonable period of operation for the Commission, and to insure that the entire project and its governance will be evaluated and subject to modification by the City Council at the end of this period. The forgoing ordinance was first read the l' '`day of May, 1989, and duly PASSED and ADOPTED this 1 day of June, 1989. ATTEST: Nan E. Franklin City Recorder SIGNED and APPROVED this day of June, 1989. Catherine M. Golden Mayor -3-