[Adopted 4-16-2012 by Ord. No. 12-04]
As used in this policy:
MEDIUM OR RECORDED MEDIUM
Such item as shall be utilized to retain captured images
and sound by the use of a camera. Same may be used interchangeably,
or "recorded medium" may specifically refer to medium after same has
been utilized to capture recorded images and sound. Same may be analog
or digital in nature and can refer to film, videotape, compact discs,
flash drives, thumb drives, digital tape or any other technology now
known and set forth herein or performing a similar purpose.
VIDEOTAPING
The act of capturing moving images and sound with a camera
for retention on a medium or recording medium, whether or not actual
videotape is utilized for this purpose.
Photographing, live broadcasts and audio and video recording
of public meetings of a local government unit are permitted by media
representatives or private citizens, with the following conditions:
A. The recording device shall be unobtrusive, limited to the size category
commonly known as "handheld," "mini-cassette," or "standard portable
cassette." It shall be placed in an appropriate position and may not
be moved in any way as to attract attention.
B. The recording device shall not produce distracting sound, either
from the equipment or its operation. The tape may not be rewound or
played back while the meeting of a local government unit is in session.
C. The meeting chairperson may order that tape recording cease at any
time it determines that the equipment or its operator is interfering
with the proceedings of the meeting of a local government unit.
D. The recording may not be represented as an official transcript in
any manner and for any purpose.
To protect the attorney-client privilege and effective right
to counsel, there shall be no audio pickup or audio broadcast of conferences
which occur in the meeting room between attorneys and their clients
or between co-counsels of a client.
Permission for coverage shall not be conditioned upon obtaining
consent of any party or a party's attorney, any witness or any
participant of a public meeting of a local government unit.
The governing body, or another Borough entity, may, by vote,
determine to videotape meetings for any period of time as it shall
define and may cease such videotaping in its discretion. In the event
such videotaping takes place, the governing body, or its designee,
may determine that such videotaping may be accomplished by the use
of a portable camera, operated by a Borough employee, or such other
person as may be designated, or by such stationary or remote cameras
as the governing body may cause to be installed in the Borough Council
chambers or other location where meetings may take place. In the event
such videotaping shall take place, the recorded medium shall be retained
in the possession of the Borough Clerk and shall be presented to the
Borough Clerk as soon as practicable and without editing of any sort.
The Borough Clerk shall maintain the recorded medium created
by Borough-authorized videotaping and distribute same in accordance
with law. The governing body may, by vote, determine that the Clerk
should forward same to various public access television stations as
it may see fit. In the event such distribution does take place, the
Borough Clerk shall transmit the recorded medium to the representatives
of the television station without editing. In the event that edited
versions of the recorded medium are requested, or required, for use
by public access television stations, such editing be done by the
Borough Administrator, who shall provide for the editing of the recorded
medium into a format acceptable for use and which fairly reflects
the events which took place. The governing body may, by resolution,
determine to utilize the recorded medium on the Borough website or
any other web-based broadcast medium in addition to, or in lieu of,
forwarding same to public access television. In the event that same
shall be utilized on the Borough website or web-based broadcast medium,
it shall be shown unedited and without commentary by any person. In
the event that the governing body determines to utilize same on the
Borough website or other web-based broadcast medium, it may discontinue
such use at any time.