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HomeMy WebLinkAboutMinutes Cable Communications Commission - 09/21/2009 RECEIVED MINUTES CABLE COMMUNICATIONS COMMISSION FEB 1. 8 2O10 September 21,2009 CITY SECRETARY'S OFFICE PRESENT Chairperson Connie Gutierrez,Vice Chairperson Steve West, Commissioners Latrice Sellers,Leo Estrada ABSENT Carolyn Moon City Staff Lisa Aguilar,Assistant City Attorney,Kim Womack and Andreina Keller,Public Information Office Ms. Gutierrez called the meeting to order at 6:05pm and verified the necessary quorum. The Commissioners approved the minutes as written. REVIEW AND POSSIBLE ACTION REGARDING VIOLATION APPEALS— Mr. Adan Molina was not present to discuss the failure to turn in media. As such he will be taken off air. Mr. Joseph Taylor was present to speak of his violation. Mr. Taylor informed the commission that he spoke to Mr. Gordy and asked if he, as PAUG president, could reduce a violation to a warning because he was still learning as a first time producer.Mr. West commented that there are no provisions that allow for degrading a violation to a warning, and that two violations are essentially warnings. Mr. West also said that one can receive two violations before there are serious consequences. Also once a letter has been sent from the Commission informing a producer of a possible violation,the issue is out of the PAUG president's hands. Ms. Sellers commented that the commission could give a warning instead of violation if they wished and felt that producers need training. Also she told Mr. Taylor that as a producer he has the power to choose to who represents him. Mr. West reiterated that there were no provisions in the rules and regulations that allowed for the commission to issue warnings. Ms. Taylor asked if any type of consideration given in favor of a warning over a violation. Ms. Sellers felt there was no reason a warning could not be issued and offered to give Mr. Taylor a copy of the meeting in which the commission issued a warning instead of a violation. Ms. Gutierrez asked Ms. Aguilar if the rules allowed for such a ruling. Ms. Aguilar confirmed that there was nothing in the rules that allowed for a warning to be given instead of a violation. Mr. West recalled that at one time the commission was issuing warnings but was informed by city staff that such practices were incorrect. Mr. Gordy spoke, informing the commission that at the channel 10 member meeting, the violation process was explained to everyone and that he informed them that they should consider the first two violations as warnings. He also said that producers are given a form which outlines the necessary ID tags that each program must include in their productions. Mr. Gordy then pointed to several members of the channel 10 PAUG saying that they each received this form. Ms. Sellers took offense to the pointing, and considered it a sign of disrespect from Mr. Gordy. She felt that he had singled her out with the pointing gesture. Ms. Gutierrez commented that Mr. Gordy and Ms. Sellers are always in conflict and that it needs to be straightened out. Ms. Sellers did not agree with Ms. Gutierrez comments and that she felt singled out by Ms. Gutierrez, and felt that she was being accused of something that is unsubstantiated. SCANNED Mr. West moved that Mr. Taylor be given a violation. Ms. Estrada seconded the motion. Mr. West,Mr. Estrada and Ms. Gutierrez voted aye; Ms. Sellers voted against.Motion passed. Ms. Sellers asked that it be placed on the record that she was offended by the statements of the chair, of which she feels are unsubstantiated and that she would like a DVD copy of this meeting. Ms. Gutierrez also asked that it be put on the record that she was offended by Ms. Sellers statements. REVIEW AND POSSIBLE ACTION OF CHANNEL 10 COMPLAINT Ms. Barbara Sellers issued a producer violation complaint against the PAUG president Mr. Gordy for not turning in her media to play for the month of September. Ms. Womack provided some background to the commissioners reminding them that the PAUG presidents are governed by the board of director bylaws for each PAUG. Also she reminded the Commission that Ms. Barbara Sellers and Mr. Gordy have had issues in the past regarding turning in media. The Commission had not acted upon these events because it was ruled as an interpersonal issue. Ms. Womack also clarified the difference between a producer violation and a violation complaint against a president of the PAUG. In response to the letter, Mr. Gordy claimed that Ms. Barbara Sellers did not provide a DVD to turn in on September 2, 2009. He said he received her DVD on August 26, 2009 and that Ms. Barbara Sellers asked him to take it to Time Warner to air on September 2. Mr. Gordy told her that she must turn DVD's in on the Wednesday before the first Sunday of the month. If she wanted it to play for the month of September then she needed to bring him another DVD to turn into Time Warner on September 2. He turned in her DVD into Time Warner as requested, and the program played on September 2. However no other media was turned in afterwards, thus the program did not air after September 2. Also Mr. Gordy stated that the bylaws of channel 10 require that before a producer go to the cable commission regarding a complaint against anyone on the board of directors, they must first file a complaint with the board of directors. Ms. Barbara Sellers did not file such a complaint with the channel 10 board of directors. Ms. Barbara Sellers read her letter of violation against Mr. Gordy to the commission. With the help of Ms. Sellers, Ms. Barbara Sellers explained to the commission that she had turned in her media a week early. However she never told Jack to turn the media into Time Warner so that it would play on September 2. She believes that Jack sent the note to Time Warner to ask them to play it early so that he could claim that Ms. Barbara Sellers didn't turn in the program for the month of September. Ms. Sellers questioned city staff and the commission was to define the checks and balances, or define the persons that oversee the receipt of turning in DVDs if a similar issue ever arises again so that it is not just one person's word over another. Ms. Aguilar voiced the opinion that issues such as that should be brought to the cable commission. Mr. West asked if the issue should first be handled by the PAUG bylaws. Ms. Sellers felt that taking the issue to the PAUG board of directors first would serve no purpose as they are not a neutral group if the complaint is against its president. Mr. Gordy then spoke to the commission and argued that Ms. Barbara Sellers had in fact requested that he turn the DVD in to be played on September 2 and that his wife had heard the conversation as well. Mr. Gordy claimed that he was telling the truth while Ms. Sellers argued that Ms. Barbara Sellers was also telling the truth. Ms. Barbara Sellers also argued that Ms. Gordy was not in the house as Mr. Gordy had stated. Ms. Sellers pointed out that Ms. Barbara Sellers has turned in media early before and that this situation has never happened. Ms. Sellers asked that there be some kind of accountability to those in charge of turning in media. Mr. West pointed out that this issue is one persons word against anothers word. He also felt that the issue was not whether or not the DVD had been received by Mr. Gordy. The issue was when the DVD was asked to be played. Ms. Sellers asked that the commission take into account the suggestion by Ms. Barbara Sellers to have the DVD drop off location in a neutral spot, instead of at a private residence. Mr. Nesmith of the channel 18 PAUG addressed the commission, making the point that the current drop off processes are working for channel 18. He was hesitant of completely changing the process due to this situation, when it works for so many others. Mr. West acknowledged that the idea of turning in media at a "neutral" location has been discussed and that the issue with turning them in at the City would be that the city is only open 8am-5pm, Monday thru Friday. Also he asked were the funds would come from to pay for an outside neutral location. Ms. Sellers still argued for a neutral drop off location. She said that if a producer drops off a DVD early, then they would have to submit something writing that says when the DVD needs to play. This would create accountability. Mr. West agreed that producers may need to bring something in writing. Ms. Sellers argued that it's not the producers burden to make sure that their show is played when its supposed to if the person turning in the DVD to Time Warner is well aware of when shows are supposed to air. She then recommended that producers bring something in writing to the president when they turn in their media. Ms. Gordy took the stand and commented on her account of the events that took place when Ms. Barbara Sellers came to drop off her DVD. In response Ms. Barbara Sellers told the commission her account of events that took place again. The stories were contradictive of each other. Ms. Barbara Sellers commented that Mr. Gordy had cursed at her in the past and that it was not the first time. Ms. Sellers commented that something needs to be done to ensure that this situation does not occur again. Ms. Gutierrez was against making new rules so quickly after the commission had just finished approving the updated rules and procedures. Ms. Sellers asked if the rules had been sent to Time Warner for approval. Ms. Womack confirmed that they had, and that they have 60 days to respond before they are taken to the City Council for adoption. Ms. Sellers asked for a copy of the final document sent to Time Warner and that the commission be informed when the item goes before the Council. Ms. Sellers asked Ms. Aguilar if the recommendation for producers to provide a written document needs to be added to the rules and procedures to insure that this situation does not occur again. Ms. Aguilar said it would be up to the commission. Mr. West offered that the suggestion to have something turned in along with the DVD with instruction would be a possible solution that did not call for a rule change. He felt that the confusion had to do with understanding when the month of September programming started. Mr. Gordy commented that next time he would ask Ms.Barbara Sellers to sign a piece of paper that says what day she would like to have the DVD turned into Time Warner, and give her a copy of the document. Mr. West agreed that this could be a solution as it seems to be an isolated case. Mr. West felt that this did not require the commission to take action. Ms. Womack recommended that both Mr. Gordy and Ms. Barbara Sellers sign the document and that if Ms.Barbara Sellers felt uncomfortable that she makes sure somebody is with her when she turns in media. Ms. Womack felt that because this was not a wide spread issue, the parties should try this solution and if the problem becomes more wide spread then the commission consider a rule change. Mr. Nesmith agreed with Ms. Womack, citing that the current log in processes works very well for channel 18 and he would not want to change them if not necessary. Ms. Barbara Sellers reminded the commission that Mr. Gordy was still in possession of her program for the month of September and had not turned the DVD into Time Warner. Mr. West suggested that Mr. Gordy go to Time Warner and turn in Ms.Barbara Sellers DVD to play for the remainder of the month. Mr. West believed that if the parties could reach an agreement then there was no need for the Commission to take action. Mr. Gordy told the commission that he believed that the commission was waving rules and procedures for one person. Mr. West explained that it was a compromise because the commission was dealing with one persons word against another's word. Mr. Gordy agreed that he would turn in the DVD to air for the remainder of the month. DISCUSSION AND POSSIBLE ACTION REGARDING RULES AND PROCEDURES Ms.Womack gave the commission an update regarding rules and procedures. The final document approved at a special meeting of the cable commission has been sent to Time Warner. They have 60 days to review. Then the document will go to the City Council for two readings. Ms. Sellers asked if it was possible for the rules to be changed at the council meeting. City staff acknowledged that this was an option for the council. DISCUSSION REGARDING COPY RIGHT LAW Ms. Womack asked for this to be placed on the next agenda along with attendance policies. The commission agreed. DISCUSSION AND POSSIBLE ACTION REGARDING EQUIPMENT GUIDELINES Ms. Sellers asked about the status of the cameras which were proposed for purchase. Mr. Gordy let the commission know that Best Buy is reserving three cameras for purchase once the council approves.Mr.West also was concerned about the insurance of the camera equipment against loss, and was in favor of getting the cameras insured. Ms. Sellers was concerned about identity theft and asked that any sensitive information be taken off the equipment application. She also asked that the topic be brought up at the next agenda. The commission requested that the guidelines be identical between the two PAUGs. DISCUSSION AND POSSIBLE ACTION OF AUDIO QUALITY ON PUBLIC ACCESS CHANNELS Ms. Triplet was not present to speak on the matter. Ms. Womack was of the opinion that this issue might be resolved with an equipment purchase.Ms. Womack recommended sending a letter to Time Warner inquiring how much the equipment would cost that would change the sound quality of channel 10 to stereo. This would be purchased with public access funds. The commission asked that City staff send such a letter to the cable operator. REVIEW AND POSSIBLE ACTION REGARDING CABLE OPERATOR COMPLAINTS The commission reviewed the letters. Mr. Gordy argued against the response letters from Time Warner, citing that DVD's the cable operator said were unreadable, would play on Mr. Gordy's DVD players. Mr. West asked Mr. Gordy to let him know when a DVD is in question, so that Mr. West can accompany Mr. Gordy to Time Warner and speak with the operators himself as he does have professional experience in the technology. CABLE OPERATOR REPORT No cable operator was present. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS All was well with the media logs PAUG UPDATES— Channel 10: Mr. Gordy passed out the new schedule for channel 10. He also informed the commission that the lottery would be held on October 31,2009,at 2pm at the La Ratama Room at the central library.The producer's applications would be passed out the second week of October. Channel 18: Mr. Nesmith informed the commission that the channel 18 lottery would be on October 29th at 4:30pm.Applications will also be passed out. PUBLIC COMMENT—Mr. Gordy commented that other boards and commissions have bylaws, or at least some sort of rule as to absences. Second, Mr. Gordy took issue with the fact that Mr. West, as acting chairman, believed that he could not make a motion at last cable commission meeting. According to Mr. Gordy,Mr.West had the power to do so and believed that Ms.Aguilar needed to provide the commission with some guidance in that issue. Dr. Frasier spoke next and commented that according to Robert's Rules of Order, a chairman has motions made to them, and then the chairman asks for a second and thus carries the meeting on. His job is not to make a motion or carry a motion.Mr.Frasier was also concerned about receiving copyrights for songs being sung on any PAUG programming. He questioned what definition the commission is using for the word copyright, and that they be clear about that definition when the commission deliberates the issue in an upcoming meeting. ITEMS FOR NEXT MEETING Time Warner letter regarding possibly of PAUGs purchasing equipment, legal information regarding motions, common form for equipment checkout, attendance absence policy, copyright laws,lottery ADJOURNMENT OF MEETING —Mr. West moved that the meeting be adjourned. Commission agreed and the meeting adjourned at 7:50 p.m.