Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: 1988 Code §§ 5A-1—5A-8 adopted as amended through December 31, 2013. Amendments noted where applicable.]
This chapter is adopted to afford fair and equal opportunities for the dissemination of municipal information and events through the Township municipal access cable channel. As the municipal information cable channel, Wayne Township Municipal Cablecasting (WTMC) will operate the station as an informational and educational service which will include the WTMC program schedule and other information of interest to Wayne Township cable subscribers and shall be viewed during times when WTMC programming is not being televised.
A. 
There is hereby established the Wayne Township Cable Television Committee, hereinafter referred to as the Committee.
B. 
The Committee shall consist of nine members: three members appointed by the Mayor; three members appointed by the Board of Education; and three members appointed by the Township Council. The members of the Committee shall serve without compensation.
C. 
The term of each member shall be for a period of three years beginning on the first day of January, and each member shall continue in office until his/her successor shall be appointed.
D. 
Any vacancy created by the resignation, death or inability of a member to serve shall be filled for the remainder of the unexpired term of the member. In the event that a member fails to attend 50% or more of the regularly scheduled meetings of the Committee in any twelve-month period, the member shall have forfeited his office, and the vacancy so created shall be filled for the unexpired term of said member by the appointing authority.
A. 
The Committee shall elect a Chairman, Vice Chairman and Executive Secretary at its organizational meeting to be held in January of each year. The officers shall serve for terms of one year and shall remain in office until their successors are appointed. The Chairman, Vice Chairman and Secretary shall serve as the Executive Committee and shall have authority to make decisions on an emergency basis, if the need arises.
B. 
The Secretary shall keep minutes of all the meetings of the Committee, which minutes and copies of official correspondence of the Committee shall be kept on file in the office of the WTMC station manager.
The Committee shall hold an annual meeting and such other meetings as it shall determine are appropriate. The meetings shall be held in the Township Municipal Building and shall be open to the public unless closed to the public by the Committee pursuant to an exception authorized under the Open Public Meetings Act. Special meetings may be called by the Chairman on three days notice to each member of the Committee. The Committee may make and amend rules and regulations concerning the conduct of its meetings. One-half of the total number of Committee members plus one shall constitute a quorum.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
A. 
The Committee shall have the following powers and duties:
(1) 
To operate a local government and public access channel within the Township of Wayne, subject to the rules and regulations established by the WTMC.
(2) 
To submit a proposed budget to the Township Administration on or before December 31 for the following fiscal year.
(3) 
To submit to the Township Council, Board of Education and Mayor a written report of the programs and activities of the Committee undertaken during the prior year, said written report to be submitted on or before January 31 of each year.
B. 
Original VHS tapes, DVDs and/or digital files of all official meetings of the Wayne Township Municipal Council, Planning Board and any other duly authorized body shall be kept on file in the office of the WTMC station manager.
C. 
Original VHS tapes, DVDs and/or digital files of all official meetings of the Wayne Township Board of Education shall be kept on file in the office of the Board Secretary.
A. 
The Community Bulletin Board (CBB) shall accept announcements from departments, agencies, boards and committees of Wayne Township, local school systems and regional and state agencies, as well as from local nonprofit groups including civic, social, political and non-regularly scheduled events from religious organizations, and individuals not engaging in commercial enterprises.
B. 
No fee will be charged for the announcements.
C. 
Announcements.
(1) 
Announcements in the following categories will be accepted:
(a) 
Programs.
(b) 
Meetings and events, including fund-raising projects.
(c) 
Municipal job openings.
(d) 
General information.
(2) 
The acceptance of announcements for the CBB will not imply WTMC endorsement of the content of the announcement or of the sponsoring organization.
D. 
The announcements shall be given priority based on space available in the following order:
(1) 
Emergencies, weather and acts of God.
(2) 
WTMC program schedule.
(3) 
Wayne Township municipal government and schools, including agenda for municipal government meetings.
(4) 
Non-profit organizations.
(5) 
Individuals not engaging in commercial enterprises.
(6) 
Regional/state agencies.
E. 
WTMC may not seek out announcements from any organizations, but may run announcements of public events which have not been submitted.
F. 
Forms for the CBB are available from WTMC.
G. 
Announcements to publicize an upcoming event must be received 3 weeks prior to the date of the event.
H. 
CBB announcements shall be considered in the order in which they are received, and WTMC cannot guarantee that every announcement submitted will be telecast, nor can it guarantee the length of time an announcement will be telecast, nor shall WTMC be responsible for typographical error.
A. 
Announcements and programs shall contain the name of the sponsoring agency or organization.
B. 
WTMC reserves the right to schedule the time to air announcements and programs in its sole discretion. Any scheduling of an announcement or program will be allocating time among competing applicants on a reasonable basis.
C. 
Community-organization-sponsored candidates' forums. Community organizations may request to schedule candidate forums for the purpose of giving candidates the opportunity to participate in cablecast forums open to all candidates for the offices being contested. WTMC will not become involved in determining the format or content of these forums. WTMC will not be responsible for the guidelines proposed by the sponsoring organizations. The sponsoring organization(s) will be responsible for documenting to the Committee's satisfaction, if WTMC agrees to cablecast or videotape the event, that all candidates have been invited and have been given the opportunity to participate in the event on an equitable basis.
D. 
WTMC-sponsored candidates' profiles.
(1) 
WTMC finds that it is in the public interest for residents of the community to be informed about individual candidates for the offices of Mayor, Municipal Council and Board of Education elections. WTMC will provide an opportunity for profiles of candidates to be videotaped by and cablecast on WTMC as candidate profiles.
(2) 
The Committee will provide up to two opportunities for all candidates to be videotaped and cablecast with their own statements. A maximum taping time not to exceed seven minutes is established with cablecast and candidate order drawn by lot; recablecast, the same and equal for all candidates, will be announced and will end not later than the Sunday preceding Election Day.
E. 
Equal time; fairness; slander and defamation.
(1) 
WTMC is not subject to regulations of the FCC on equal time and other considerations which provide equal access to the broadcast media. The objective is to ensure fairness in whatever is produced and/or cablecast so as not to give an advantage to one candidate over another candidate.
(2) 
WTMC has no responsibility to guarantee the accuracy of any statements made on live cablecasts.
(3) 
The channel operated by WTMC is a government, education and public access channel. Any person's action which would limit WTMC's right to provide government and public access cablecasting service will be deemed as grounds for denial of access for that person.
(4) 
William Paterson University is solely responsible for the operation of the channel assigned to it by the Township without any oversight and/or supervision by WTMC and/or the Township. All expenses, obligation or liability created as a result William Paterson University's operation of this channel will be solely responsibility of William Paterson University without any recourse to WTMC and/or the Township.
F. 
Liability
(1) 
The Producer acknowledges that he/she has obtained all necessary copyright clearances and releases for the cablecasting of any and all material contained within the program.
(2) 
The Producer assumes all responsibility for his/her program, agrees to indemnify WTMC and/or the Township, and agrees to hold the aforementioned harmless for any liability, loss, or damage, including reasonable attorney's fees, caused by or arising out of any material supplied by the Producer.
(3) 
The Producer further agrees to indemnify and save WTMC and/or the Township, and/or their respective officers, members, and employees, harmless of any and all claims, damages, costs and liability of any nature whatsoever, including counsel fees, which may be imposed by reason of any claim that any material cablecast and/or disseminated by the Producer, violates or infringes upon the rights, trade names, trademarks, copyrights, patents, literary or dramatic rights, or rights of privacy of any other owner, licensor, copyright holder, writer, composer, or other person, corporation or partnership, that said material constitutes libel or slander.
(4) 
The Producer hereby releases WTMC and/or the Township from any legal action, claims, and demands which the producer or his/her organization ever had, has, or may have, which may arise against WTMC and/or the Township as a result of cablecast presentation on its cable system or the production of any material for said presentation, or for any mistakes, omissions, or interruptions.
Fees for either videotapes and/or DVD copies of official meetings cablecast on WTMC shall be as set forth in Chapter 75, Fees.