[Adopted 3-7-2011 by Ord. No. 5.21.11]
Editor's Note: This ordinance also provided that it would be effective upon passage and ratification of the franchise agreement by the Common Council, Mayor, and approval of the Public Service Commission (PSC).
The City of Albany negotiated a certain franchise agreement with Time Warner Cable (hereinafter "TWC"). Pursuant to Section 10 of said franchise agreement, TWC shall 1) provide the City with access channel(s) designated for noncommercial public, educational, and governmental use (otherwise known as "PEG" access), as required by Part 895.4 of the New York State Public Service Commission (PSC) rules on cable television, and 2) provide to the City funding for equipment as described in Appendix A of the franchise agreement. This equipment will be used exclusively for the production of PEG access programming or in connection with course work or other training intended to provide students with editing, programming, multimedia or similar skills which may be used in PEG programming production.
The Mayor and the Common Council find and declare that it is in the public interest of the citizens of the City of Albany to establish a board to oversee implementation of PEG access, the cable television public access facility/studio in the City of Albany and to promote public awareness of public access in the City.
There is hereby created a City of Albany cable television Public, Education and Government Access Oversight Board (hereinafter referred to as the "PEGAOB") for the purpose of overseeing the cable television public access facility/studio in the City of Albany and general implementation of PEG access.
The purpose of this legislation is to create an oversight body that shall:
Assist in the development of public, education and government access television in the City, including by promoting the use of the public studio to citizens and groups throughout the City;
Oversee the cable television public access facility/studio and assist the Public Access Coordinator, who shall be responsible for the day-to-day operation of the public access facility/studio;
Review memorandums of understanding between the City and relevant entities to assure implementation of PEG access;
Make recommendations on the success of the programs in Phase I of PEG funding and based upon said findings make recommendations for expenditures of Phase II funding.
The PEGAOB shall be composed of 11 voting members, four of whom shall be appointed by the Common Council and two of whom shall be appointed by the Mayor. The term of each member so appointed shall be three years; provided, however, that of the initial members, two appointed by the Common Council shall serve for a one-year term; one appointed by the Common Council and one appointed by the Mayor shall serve for a two-year term; and one appointed by the Common Council and one appointed by the Mayor shall serve for a three-year term. The remaining members of the Board shall be composed of the following: one representative from the Albany City School District; one representative from the College of Saint Rose; one representative from the New School of Radio and Television; one representative from the Albany Community Development Agency; and one representative from the Albany Public Library District.
[Amended 12-2-2013 by Ord. No. 49.101.13]
A minimum of four of the six members appointed by the Common Council and the Mayor shall be residents of the City of Albany and possess knowledge and interest in promoting public access cable television in the City of Albany. One Council appointment and one Mayoral appointment to the Board may reside outside of the City of Albany if said appointee provides a unique and desired expertise and commitment to the cause of public access television in Albany. In making such appointments, the Common Council and Mayor shall endeavor to reflect the community diversity of the City of Albany.
[Amended 12-2-2013 by Ord. No. 49.101.13]
The Mayor shall have the authority to designate one of the voting members as the initial Chairperson to serve for a term of one year; thereafter, members of the PEGAOB shall annually elect a Chairperson and such other officers as may be determined by the PEGAOB.
Members of the PEGAOB shall serve without compensation. Vacancies shall be filled in the same manner as the predecessor to fill the unexpired term.
Six members of the PEGAOB shall constitute a quorum. Action cannot be taken without a minimum of six concurring votes of the membership.
The PEGAOB shall meet no less than quarterly for the purpose of conducting any business necessary to the operation of the PEGAOB. The PEGAOB may meet at such additional times and places as deemed necessary by its members, or on the call of the Chairperson. All meetings of the PEGAOB shall be held in accordance with Article 7 of the New York State Public Officers Law (Open Meetings Law) and shall provide a reasonable opportunity for public comment in accordance with rules and guidelines adopted by the PEGAOB.
The PEGAOB shall prepare an informational pamphlet on, and regularly publicize, the mission and purpose of the PEGAOB.
The PEGOAB shall report annually on or before February 1 to the Common Council regarding its activities and performance, including recommendations, if any, to the Mayor and the Common Council.
If any clause, sentence, paragraph, sections or part of this Part 38 be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.