Monday, February 9, 2009

Administratives rules of the Fayetteville telecommunication board

Revised July 18, 2002


SECTION 1. Definitions

For the purposes of these Administrative Rules, the following terms, phrases, words and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the use of any gender shall be applicable to all genders whenever the sense requires. “Chairperson” may also be referred to as Chairman, Chairwoman, or Chair, and prefixed by the word “Vice,” if appropriate. The words “shall” and “will” are mandatory and the word “may” is permissive. Words not defined shall be given their common and ordinary meaning unless the same are cable television technical words or phrases.

a. “Cable Administrator” is the person appointed by the Mayor of Fayetteville, pursuant to Ordinance 4219, Section 1, §33, 208, whose duties include consultation, conferring, and cooperating with the Telecommunications Board, among others, in the enforcement and administration of the cable franchise and related telecommunications contracts.

b. “City” is the City of Fayetteville. “City employee” refers to the “Cable Administrator” and such other employees of the City of Fayetteville as are designated to assist the Telecommunications Board.

c. “Board” is the Fayetteville Telecommunications Board and, if the context so indicates, may include one or all of its committees.

d. “Company” is Cox Communications, a company authorized to do business in Arkansas, or its successor, transferee or assignee, and the principal cable television franchisee of the City.

e. “City Council” means the governing body of the City of Fayetteville.

f. “Voting member” means one of the seven citizen members appointed as such by the City Council.

g. Whenever “act of the Board,” “action of the Board,” “approval of the Board” or “vote of the Board” appear herein, such phrase shall mean the competent vote required by law or rule sufficient for such act, action, approval, or vote, to be effected. When the word “committee” is substituted, the same meaning shall apply.

h. Whenever reference is made in these Rules to a designated officer-title or a designated entity or group, such reference includes, unless otherwise stated, or the context indicates the contrary, the successor of such officer’s or entity’s, or group’s relevant function or relationship, as the case may be. Such references also embrace persons duly acting as such officer, whether temporarily appointed or such officer’s proper designate, whether by rules or otherwise, unless otherwise stated or plainly indicated.

ARTICLE I. Name, Purpose and Intent

a. All items stated in the caption of Article I are set forth in City of Fayetteville Ordinance No. 4219, here referred to by the short title, “Telecommunications Board Ordinance.” The cited ordinance is incorporated herein by this reference.

b. (1) Any member desiring to resign from the Board shall submit his resignation in writing to the Chair of the Board. Resigning members shall continue to serve until they are replaced.

(2) All members shall be deemed active and in good standing unless the Board certifies otherwise. If a member of the Board misses three consecutive meetings without prior notification about the absences, the Chair will send a letter asking if the member would like to become active and remain on the Board, resign, or be removed. If necessary, removal action will be taken at the next regular meeting of the Board, with notification sent to the City Clerk. The Board, in the event of a dispute and upon written petition, may resolve all questions finally as to activity, standing, and tenure, subject only to appeal to the City Council.

ARTICLE II. Meetings

a. The regular meeting of the Board shall be held at 5:30 p.m., the third Thursday of each month. The Board, for good cause, and with prior notice, may designate an alternate time for a regular meeting from time to time.

b. The Board’s meetings and records shall be subject to the provisions of the Arkansas Freedom of Information Act, Ark. Code Ann. Par. 25-19-101 et seq.

c. Special meetings or study sessions may be called for any time and place on any subject germane to Board duties and responsibilities on the request of any Board member with approval of a majority of the Board.

d. Special call or emergency meetings may also be set upon the written petition of three (3) members of the Board coordinated through the Chair.

ARTICLE III. Quorum and Voting.

Four active voting members of the Board in good standing shall constitute a quorum for the purpose of voting and no votes shall take place without a quorum. Unless otherwise indicated, the Board shall act by a majority vote of the members at a properly constituted meeting.

ARTICLE IV. Officers and Duties

a. (1) The officer of the Board shall be the Chair. The Chair shall be elected by majority vote of the committee.

(2) By a majority vote of the Board, committees may be established as necessary to carry on the work of the Board. Committee members shall be appointed by the Chairperson with consent of a majority of the Board from among volunteering Board members when possible. Committees will choose their chairpersons. Committees will report and make recommendations to the Board on matters within their respective assignments. No committee shall constitute a quorum of the voting members of the Board. Committees may not conduct business, make policy decisions, or render press releases on behalf of the Board, the City of Fayetteville, City Council, or the City staff, unless properly and expressly authorized to do so.

b. The officer shall be elected annually at the August regular meeting

c. Duties of the Chair shall include.
(1) Presiding at all meetings of the Board.
(2) In collaboration with the Board and Cable Administrator, formulating all regular and special Board agendas.
(3) Taking attendance at all Board meetings.
(4) Signing all official documents and correspondence on behalf of the Board.
(5) Acting as the official spokesperson of the Board, the principal liaison of the Board with the City Council, and with others as the Board directs.
(6) Receiving, transmitting, and monitoring responses on Board requests for legal opinions, reports, or other information from City staff, the Company, or others.
(7) Performing any lawful duty assigned either by vote of the Board or by these Rules.

ARTICLE V. Duties of the Telecommunications Board

a. The duties and responsibilities of members shall include:
(1) Initiating all official action by a motion or a second.
(2) Voting, when present, on any question put to a vote unless excused from voting by the Board.
(3) Attending all regular meetings, unless otherwise excused, and special called meetings of the Board.
(4) Notifying the Chair in advance of any necessary absences from Board meetings.
(5) Serving on all committees to which appointment has been made by the Board.
(6) Performing any lawful duty assigned by majority vote of the Board.

b. If any Board member has a personal pecuniary interest, direct or indirect, in any decision pending before such Board member, he/she shall not vote, discuss or otherwise participate in the consideration of the matter, but shall publicly disclose the nature and extent of such interest in the official records of the Telecommunications Board prior to any determination of the matter.

ARTICLE VI. Order of Business

a. For all meetings, an agenda, with appropriate supporting documents, shall be mailed to all Board members at least six (6) days in advance of the meeting day.

b. The agenda order for regular Board meetings shall be as follows:

(1) Call to order.
(2) Call of the Roll.
(3) Approval of minutes of prior meeting(s).
(4) Adoption of agenda.
(5) Sequential consideration of other items duly noticed for the meeting.
(6) Report from the City Cable Franchisee.
(7) Report from Cable Administrator.
(8) Report from Board committees.
(9) Citizen communications by persons wishing to address matters not on the agenda, subject to such time limitations as the Board may establish. The Board, however, shall not act on such matters. Citizens wishing to address matters on the agenda may be heard when the Board takes up such agenda items, subject to time limitations as the Board may establish.

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