[Adopted 8-12-1980 by Res. No. 80-R-2]
There is hereby created a City agency, designated as the "College Park Cable Television Commission." The Commission shall represent the Mayor and City Council in dealing with any cable television company operating in and franchised by College Park and shall take such actions as are authorized by ordinance, specification, rules and regulations, including this Article.
The Commission shall:
Perform those functions set forth in Chapter 93 of the College Park Code and the College Park Cable Television Specification adopted pursuant to College Park Council Resolution No. 80-R-1 and shall monitor the franchisee's actions to ensure compliance with the College Park Code and the Cable Television Specification and shall report any deviation or omission to the franchisee and, if not corrected, to the Mayor and Council.
In accordance with § 93-6 of the College Park Code, perform those functions relating to the regulation of rates for basic cable service and equipment set forth therein.
[Amended 5-10-1994 by Ord. No. 94-O-7]
Hear and resolve consumer complaints that have reached an impasse status between the consumer and the franchisee.
Conduct or cause to be conducted such audits or inspections of the franchisee's books and accounts as may be required to ensure compliance with City orders or with contracts or agreements between the City and the franchisee.
Make recommendations to the Mayor and Council concerning renewal or revocation of a franchise or other enforcement action.
[Amended 7-13-2004 by Ord. No. 04-O-4]
The Commission shall be composed of four Commissioners plus a voting Chairperson. Two of the Commissioners shall be appointed for one-year terms; two of the Commissioners shall be appointed for two-year terms; and the chairperson shall be appointed for a three-year term. The members of the Commission shall be appointed by the Mayor with the approval of the Council. After the expiration of the initial term by each of the initial Commissioners and Chairperson, thereafter each successive appointment shall be for a period three years so as to achieve a reasonably staggered Commission.
Subject to override by the Mayor and Council, the Commission shall promulgate, in writing, such reasonable rules and regulations for its own governance and operation.
The Commission shall meet at least once per quarter, at the call of the Chairperson, with reasonable notice to the other members of the Commission. In the event that the Chairperson declines to do so, any two Commissioners may call a meeting, to be held at a reasonable time and place, after reasonable notice to the Chairperson. At least three of the five Commission members must be present at any meeting at which business is conducted.
Each of the Commissioners and the Chairperson shall receive compensation in an amount set by the Mayor and Council in the annual City budget. Such compensation shall be paid on a monthly basis.
[Amended 3-24-1987 by Res. No. 87-R-2; 12-10-1991 by Ord. No. 91-O-24]
The Commission shall submit a proposed annual budget to the City Manager in the same form and subject to the same conditions as any budget of any department of the City government. The Commission budget shall be submitted to the City Manager at least three months prior to the presentation of the City budget to the Mayor and Council for its consideration and approval. The Commission is authorized to budget for and employ a technical expert to assist it in performing its functions.
Any fees payable by the cable television franchise to the City shall be remitted to the City and not to the Commission. The Finance Director shall be responsible for disbursements covering any authorized expenditures by the Commission. The procedure for requisitioning funds or disbursements shall be in accordance with established City procedures.
Members of the Commission shall disclose to the Commission any conflict of interest, as that term is understood in the Maryland Common Law, and shall refrain from voting or taking action in any matter concerning which that particular member has a potential conflict of interest. "Conflict of interest" shall refer to a real conflict and not of some insignificant matter, as, for example, owning some shares in American Telephone and Telegraph or General Motors and voting on the installation of a telephone system or purchase of a motor vehicle.
Editor's Note: See Article 5 of the Constitutions Article of the Annotated Code of Maryland.
By a two-thirds majority of the full Council, the Chairperson or any member of the Commission may be removed for cause. Cause for removal could be, among other things, indictment for felony or serious misdemeanor, conflict of interest or absenteeism.