The Village of Briarcliff Manor Government Access Channel, which presently operates on channel 78 in the Village of Briarcliff Manor, is hereby subject to the following rules and regulations which shall be known as the “Village of Briarcliff Manor Government Access Channel Policy”:
The management of the Government Access Channel is administered by the Village of Briarcliff Manor Village Manager's Office, with advice from the Village of Briarcliff Manor Media and Communications Advisory Committee (herein referred to as the “Committee”).
The Village has established the Committee to advise the Village Board of Trustees and the Village Manager's office on issues regarding media communications services that relate to governmental access.
Programming on the Government Access Channel is administered by the Village Manager’s Office, with advice from the Committee. Only the following types of programming shall be eligible for airing on the Governmental Access Channel:
a. Live Programs: Live coverage of selected Village meetings and Village-sponsored events. This shall include Village Board of Trustees meetings, Planning Board meetings, and other Village Programming as set forth below.
b. Tape delayed Programs: Meetings and events referenced in 2.a. above recorded and aired at a later time. Some events such as Board of Trustees and Planning Board meetings will be aired live and will also be recorded for later playback.
c. Other Village Programming: Non-partisan programs produced by the Village of Briarcliff Manor, Westchester County and the State of New York, including but not limited to programs by Village departments and/or Village sponsored entities which programs pertain to issues related to Village of Briarcliff Manor government.
d. Bulletin Board Information: Character generated messages related to Village of Briarcliff Manor activities, programs, services, and events. This service will operate 24 hours daily when other programs are not scheduled.
3. Access Policy
Only programming identified in Section 2 above may be aired on the Government Access Channel. Utilization of the channel for personal gain, political, economic or otherwise, is expressly prohibited.
No programming shall be accepted for the Government Access Channel which contains obscene material, sexually explicit conduct, or material soliciting or promoting unlawful conduct as prohibited under Section 10(c) of the Cable Television Consumer Protection and Competition Act of 1992 ("Cable Act") as implemented by regulations of the Federal Communications Commission.
Commercial, political (except as noted in Section 5 below), personal, lottery, and libelous, slanderous, or defamatory programming are expressly prohibited from airing on the Government Access Channel.
The Committee shall provide the Village, the Village Manager, and /or other staff designated by the Village Manager with advice concerning governmental issues that are relevant to the Village of Briarcliff Manor government and the development and procurement of information, information services, and programming responsive to those issues. The Committee shall regularly consult with eligible governmental entities to identify relevant governmental topics and or issues that may be aired. The Committee is open to comments and suggestions from the Village for input on services and programming. The Public is welcome to attend the Committee's monthly meetings.
The designated Village Staff in consultation with the Committee shall be responsible for accepting programming information and materials from eligible governmental entities and to assist in and coordinate the production of Government Access Channel programming for such entities as they may require, subject to available facilities, funds and personnel and in accordance with the criteria set forth above.
The designated Village Staff, in conjunction with the Committee, shall approve, schedule, produce, and distribute programs in accordance with the criteria set forth above.
The designated Village Staff is responsible for scheduling approved programs on the Government Access Channel. The following general priorities for scheduling shall apply:
a. Programming of an emergency nature that would involve public safety or health matters.
b. Programming on or about meetings of policy making bodies of the Village of Briarcliff Manor, the Village Board of Trustees, other Village Boards and Committees, and regulatory bodies of Village of Briarcliff Manor government.
c. Programming concerning various departments of Village of Briarcliff Manor government and their services.
d. Other Village Programming, as defined above.
e. Village of Briarcliff Manor Bulletin Board.
5. Political Programming
Political programming will not be permitted on the Government Access Channel with the exception of providing factual information on any ballot issue affecting Village, County, or State government service.
Direct access to the Government Access Channel for individual candidates or supporters of any candidate or issues is expressly prohibited.
Upon declaration of official candidacy, any member of any Village Board or other Village Official shall appear on the Government Access Channel only while serving in their official capacity as duly elected or appointed Village board member or Village Official.
Meetings of Village of Briarcliff Manor boards shall be aired unedited and without editorial comment except for the placement of informational items on-screen such as name of the person shown, subject being discussed, time and date, and so forth. Meeting coverage shall be gavel-to-gavel including any breaks or intermissions. Meetings recorded for later re-airing on the Government Access Channel shall be shown in their entirety.
Messages to be programmed into the Village of Briarcliff Bulletin Board portion of the Governmental Access Channel shall be submitted by officials, departments, and agencies of the Village of Briarcliff Manor government. The designated Village Staff may edit the proposed message to provide clarity and maximize utilization of pages available.
The Village of Briarcliff Manor, and/or the video operations facility shall not be responsible for the accuracy of any information over the Government Access Channel that was submitted by outside sources.
Promotional announcements for Village-sponsored events shall be permitted on the Government Access Channel. Promotional announcements for events or organizations in which the Village has no official interest, affiliation or sponsorship shall be expressly prohibited on the Government Access Channel.
Use of the equipment maintained by the Government Access Channel shall be restricted to Village employees qualified to operate such equipment only and others trained and under direct supervision of such qualified personnel.
9. Ownership of Content
All submissions for airing on the Government Access Channel shall be or become the property of the Village of Briarcliff Manor. All staff-produced programs, meetings, or events shall be retained for a period of at least six months. Requests for longer retention must be made prior to the expiration of the six month limit.
The recordings of the meetings shall not be considered an official record of any meeting.
The Village of Briarcliff Manor or its agents shall not be responsible for loss or damage to any such tape or return of any tape left in the Village’s custody.
In the event a question or dispute arises regarding the applicability or interpretation of this Policy, such question or dispute shall be directed to the Village Manager.
Any party who disagrees with the decision of the Village Manager may request from the Board of Trustees, a review of such decision by the Village Manager. Such a request must be made in writing and submitted to the Board of Trustees within 15 days of the decision of the Village Manager.
The Board of Trustees will make a decision and notify all interested parties within 30 business days of the Board of Trustees receipt of the written request for such an appeal.
11. Amendment and Repeal
The Village Board of Trustees may amend or repeal this Policy or any portion hereof, as it deems necessary.