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Home My Public Portal About2002-46 Adopting the VKB Rules for use of the Goverment Access Channel in Connection with Village ElectionsRESOLUTION NO. 2002-46 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE VILLAGE OF KEY BISCAYNE RULES FOR USE OF THE GOVERNMENT ACCESS CHANNEL IN CONNECTION WITH VILLAGE ELECTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") maintains, on the cable television system serving the Village, a Government Access Channel cablecast on Channel 16 and owns production facilities and employs personnel to produce programming for cablecasting on the Government Access Channel; and WHEREAS, from time to time the Village conducts elections for Village Council and Mayor; and WHEREAS, the Village Council finds that it would be in the public interest to allow all legally qualified candidates for Village Council and Mayor to utilize the Village's production facilities, production personnel and Government Access Channel to allow residents to learn more about the election; and WHEREAS, the Village Council finds that it would be in the public interest to allow the Village's staff to utilize the Village's production facilities, production personnel and Government Access Channel to allow residents to learn more about the elections; and WHEREAS, that the Village Council has considered appropriate rules to afford all legally qualified candidates the same opportunities to use the Village's facilities, production personnel and Government Access Channel and to best inform residents about the election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Rules Adopted. That the Rules For Use Of The Government Access Channel For Election Programming, attached as Exhibit "A", are hereby approved and adopted. Section 2. Authority. That the Village Manager is authorized to take any and all action necessary to implement the Resolution. Section 3. That the provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution, but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED this 8th day of October, 2002. 1 ,A(., MAYOR JOE I. RA S CO CHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICI 1 RICHARD JAY WEISS, VILLAGE ATTORNEY 2 VILLAGE OF KEY BISCAYNE RULES FOR USE OF THE GOVERNMENT ACCESS CHANNEL FOR ELECTION PROGRAMMING The rules and regulations set forth herein shall govern the availability and use of the Government Access Channel, Channel "16", for the presentation of programming in connection with elections for Village Council and Village Mayor. A. Use of Government Channel and Village Production Facilities By Legally Qualified Candidates 1) Legally Qualified Candidates for Village Council or Mayor are eligible to use Channel 16, the Village's Government Access Channel, for the purpose of cablecasting a Candidate's Statement on an equal opportunity, non-discriminatory basis. A person is considered a "Legally Qualified Candidate" from the time of qualifying to run until the elections have been held. 2) Each Legally Qualified Candidate shall be permitted to utilize the Village's production facilities and personnel for one (1) hour total time per Candidate for rehearsal and taping of a Candidate's Statement. The taped Candidate's Statement shall be limited to three (3) minutes maximum duration per Legally Qualified Candidate. Upon a Candidate's request, the Village production personnel shall provide the Candidate with one (1) VHS copy of the Candidate's taped Statement without charge. 3) This restriction that Legally Qualified Candidates have equal opportunity for use of the Access Channel does not apply to persons who receive incidental air time as part of Village Council meetings being cablecast on the Channel, nor to officials acting as part of their regular duties when such activities do not involve campaigning for Council or Mayor election. 4) The Candidate's Statement may contain a statement by the Candidate as to his or her background and his or her reasons for seeking election to the Village Council or Mayor. 5) The Village's production personnel shall contact each Legally Qualified Candidate to schedule a time to tape the Candidate's Statement. All Candidate Statements shall be taped at the Village's production facilities and with the same background and set as determined by the Village personnel. It is the Candidate's responsibility to arrive on schedule for the taping. Candidates may have one (1) person accompany them to the taping location to handle pre -produced cue cards. The Village shall not provide any make-up, hair, wardrobe or other services nor supply any paper, markers, easels or other materials. 3 6) The Village shall not allow programming produced by Legally Qualified Candidates on their own to be cablecast or replayed on the Village's Government Access Channel. Other than as provided in these Rules, no other person shall be permitted to use the Village's production facilities or Channel 16 for the purpose of communications regarding the Village's elections. 7) All disputes as to taping Candidate's Statement and use of the Government Access Channel shall be referred to the Village Manager to resolve in the Manager's discretion. 8) The order of play back of Candidates' Statements shall be by list position on the ballot. The order of play back shall be rotated by one (first goes last, second goes first, third goes second, etc.) at each new play back time. The Village personnel shall make good faith efforts to play back Candidate Statements on multiple occasions on a schedule established by the Village Manager in the Manager's sole discretion. B. Use of Government Channel and Production Facilities By Village Personnel. 1) The Village Manager, Village Clerk, or their designees, may use the Village's production facilities and personnel and the Village's Government Access Channel to provide information to residents concerning the Village's elections and the addresses and hours of operation of locations for voting. 2) The Village Manager, or designee, may use the Village's production facilities and personnel and the Government Access Channel to cablecast, either live or taped, a forum for all Legally Qualified Candidates. The Village Manager, or designee, may play back the Candidates' Forum on the Government Access Channel in her discretion. C. Responsibility for Candidates' Statements and Communications. 1) The Village shall not be responsible for the content of any Candidate's Statement made or for any communication made by any Legally Qualified Candidate or other election programming cablecast on the Village's Government Access Channel. 2) Legally Qualified Candidates who use the Village's production facilities, personnel and Government Access Channel shall assume all responsibility as producer and/or originator of any Candidate's Statement or other communication by them cablecast on the Village's Government Access Channel. 3) Legally Qualified Candidates who use the Village's production facilities, personnel and Government Access Channel shall execute the attached Release and Hold Harmless Agreement, thereby agreeing to release, hold harmless and make no claim against the Village, its officials, employees or agents, for any claims based on programming produced or cablecast by the Village on its Government Access Channel in accordance with these Rules. This includes any claims the 4 Candidate may seek to assert under federal, state or local laws, rules or regulations. 4) The Village shall have no liability for failure for any reason to cablecast a Legally Qualified Candidate's Candidate Statement or other communications made in election programming. The sole remedy available to a Legally Qualified Candidate whose Candidate's Statement is not cablecast for any reason at a particular time shall be to have the Village personnel use their best efforts to cablecast the Candidate's Statement at another time in the Village personnel's sole discretion. 5) Legally Qualified Candidates shall be responsible for complying with all political advertising requirements in Chapter 106, Florida Statutes. 5 VILLAGE OF KEY BISCAYNE AGREEMENT TO COMPLY WITH RULES FOR USE OF GOVERNMENT ACCESS CHANNEL AND RELEASE AND HOLD HARMLESS AGREEMENT Name of Candidate: Address: Telephone #: (home) (work) I have read the Village of Key Biscayne's RULES FOR USE OF THE GOVERNMENT ACCESS CHANNEL FOR ELECTION PROGRAMMING and agree to comply with said rules and any decisions of the Village Manager pursuant thereto. I agree to release, hold harmless and make no claim against the Village of Key Biscayne, its officials, employees and agents, in connection with any programming produced by the Village or cablecast by the Village on its Government Access Channel, as described in Section (c)(3) of the Rules. Further, in the event that my Candidate's Statement is found by a Court of Competent Jurisdiction to constitute libel or slander, I shall defend and indemnify the Village and Village's Officials, employees and agents from a 11 c laims, 1 oss, 1 iability, e xpenses, d amages, o r costs, including attorneys' fees. Candidate's Signature Date I0304I\resolutions\Resolution Adopting Rules for Election Programming -9-25-02 6