[Adopted 4-3-2006 by Ord. No. 15-2006[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV,
Public Broadcasting Committee, adopted by Ord. No. 2-1991 (§§ 7-10
to 7-15 of the 1979 Revised General Ordinances).
A.
The Livingston Public Broadcasting Executive Board (LPBEB) is hereby
created, consisting of seven members:
(1)
Three members to be appointed by the Township Council for a term
of one year each.
(2)
Three members to be appointed by the Board of Education for a term
of one year each.
(3)
One member to be appointed by the Township Manager for a term of
one year.
(4)
The Livingston High School faculty member supervising the television
production class at the high school shall designate two students from
the class to serve as ex-officio members of the LPBEB for a term of
one year with no voting privileges.
(5)
All terms shall commence on January 1 and expire on December 31 of
the year in which the term expires.
B.
Members of the LPBEB may not serve in any public office or hold any
elected leadership position in a political party.
C.
Members of the LPBEB shall be residents of the Township of Livingston
and shall serve without compensation.
D.
Executive Board members are expected to attend 80% of regularly scheduled
meetings.
E.
Public Broadcasting Committee.
A.
The Livingston Public Broadcasting Executive Board, in consultation
with the Public Broadcasting Committee, shall have the authority to
determine policies and programs for the public access television station
commonly known as "TV34."
B.
The LPBEB shall be the appropriate body to request funding from the
Township Council and the Board of Education for the operation of the
station. The LPBEB shall raise and spend funds, seek grants, hire
personnel and purchase equipment contingent upon appropriations from
the annual budgeting operations of the Township Council and Board
of Education.
A.
The LPBEB shall elect its officers, which shall be a Chairperson,
Vice Chairperson, Secretary and Treasurer.
B.
Rules.
(1)
Within six months of the effective date of this article, the LPBEB
and the Committee shall review the appropriateness and update the
operating rules for public access programming which had been previously
adopted:
(a)
Eligibility requirements for persons seeking broadcast time;
(b)
Specific application requirements.
(c)
Requirements concerning user identification.
(d)
Minimum standards of video and audio quality.
(e)
Requirements for lending or usage of equipment.
(f)
Appropriate disclaimers of responsibility (It is the intent
to identify views and opinions to be those of the user and not necessarily
those of the station or the Township of Livingston).
(g)
Legal release forms and waivers as recommended by the Township
Attorney.
(h)
Prohibition of program material which has a commercial interest
in the subject matter. This provision shall not prevent the identification
of persons or institutions providing grants or contributions to underwrite
the cost of programs unrelated to the commercial interest of the donor.
(2)
Such rules shall be approved by the Township Council.
C.
The rules and regulations of the LPBEB shall be consistent with all
federal, state and local rules and regulations and shall prohibit
the presentation of the following materials:
(1)
Advertising materials designed to promote the sale of commercial
products and services.
(2)
Advertising on behalf of a candidate for public office.
(3)
Information concerning any lottery or gift type of an enterprise
dependent in whole or in part on lot or chance as to be consistent
with regulations set forth by the Division of Gaming Enforcement,
New Jersey Department of Law and Public Safety.
(4)
Material intended to defraud the viewer or designed to obtain money
by false pretenses.
(5)
Indecent or obscene material as those terms are defined by New Jersey
law, including case law.
(6)
Programs that infringe upon or violate the right of privacy or constitute
a liable or slander against or violate any law or any other rights
of any person, firm or corporation.
(7)
In the area of political campaigns, whether it is national, state
or local, partisan or nonpartisan, candidates, issues or ballot initiatives,
rules, regulations and procedures shall be established to assure the
station of political independence and guarantee access to equal time
(both in the amount of time and in time of day to the extent possible)
and to all candidates and spokespersons.
Any resident disagreeing with a particular decision of the LPBEB
may appeal the decision to the Township Council.
A.
The LPBEB shall submit a semi-annual report to the Township Manager
and school business administrator, including records of revenue, expenditures
and program logs.
B.
Members of the LPBEB shall be appointed as soon as practicable after
the adoption of this article.
C.
The LPBEB shall be ongoing year-to-year, except that the Township
Council and the Board of Education shall each have the right to withdraw
its participation in the LPBEB no later than December 31 of any year.
