§ 9-12. Enforcement.
(a)
Denial of services.
(1)
The PAC staff may deny the use of its facilities and services to individuals who interfere with the orderly conduct of public access programming as outlined in this article.
(2)
Anyone who appears to be under the influence of alcohol or drugs will be denied service.
(3)
Failure to abide by the rules and procedures herein stated will cause a violator to be placed on suspension for thirty (30) days. Subsequent suspensions are for ninety (90) days and one (1) year. Continued violation of these policies by any user or producer may result in a permanent forfeiture of the privilege of using PAC facilities.
(4)
Making false or misleading statements in the application for cablecast, statement of compliance, or access program contract are grounds for forfeiture of the right to use PEG facilities, equipment and public access channels.
(5)
Programming that violates these rules and procedures may result in forfeiture of privileges of using the PEG facilities, equipment and public access channels.
(6)
Users falsely representing themselves as employees of the PAC or the City of Laredo will forfeiture the right to use PEG facilities, equipment and public access channels.
(7)
The pubic access media services manager may deny the use of PEG facilities and equipment, by suspension or forfeiture, to anyone who has, in the experience of the PAC staff, misused the equipment, failed to return it on time, or in any other way abused the privileges of using PEG facilities and equipment.
(b)
Resolution of disputes and appeal.
(1)
The provisions of this subsection 9-12(b) shall apply to disputes or disagreements between, or negative action taken against, a potential or actual user or producer (hereinafter referred to as "aggrieved party") by PAC staff.
(2)
To initiate an appeal, an aggrieved party must, within five (5) working days of the date of the dispute or action, submit a request, in writing (hereinafter "appeals letter"), to the information services and telecommunications director which said appeals letter sets out the incident or action complained of, the action desired by the aggrieved party and requesting a meeting with the information services and telecommunications director to discuss the dispute, incident, or action taken.
(3)
The information services and telecommunications director shall schedule and meet with the aggrieved party within ten (10) business days of the receipt of the appeals letter and notify the aggrieved party by letter of the meeting date.
(4)
The information services and telecommunications director shall meet with the aggrieved party and address the complaint. Within five (5) business days of the meeting, the information services and telecommunications director shall issue the aggrieved party a written response (hereinafter "director's determination") to the complaint along with his findings and any action being taken against the aggrieved party. In the event the aggrieved party fails to attend the meeting, his/her appeal shall be deemed to have been withdrawn unless a continuance or rescheduling has been requested in writing at least twenty-four (24) hours in advance by the aggrieved party.
(5)
If the decision of the information services and telecommunications director is unacceptable to the aggrieved party, he/she may appeal to Laredo Telecommunications Advisory Committee, provided that the request to appeal is received within five (5) business days of receipt of the director's determination. The appeal will be heard at the next regular board meeting unless it cannot be submitted in time to get onto the agenda in which case the appeal will be heard at the following meeting.
(6)
At the meeting, the aggrieved party and the public access media services manager will present their positions regarding the matter.
(7)
Based on the presentations made by the parties, the advisory committee will make a recommendation to the city manager.
(8)
If the city manager does not concur with the recommendation of the Laredo Telecommunications Advisory Committee, the matter may then be presented to the city council for its consideration and action.
(Ord. No. 2009-O-052, § 2(Exh. A, § 11), 4-6-09)