TOWN OF BEDFORD
BCTV BOARD MEETING MINUTES
July 19, 2007
BEDFORD MEETING ROOM
Present were: Coleen Richardson (Asst. Station Manager), Bill Jennings (Station Manager), Richard Rawlings, Chairman Gene Mackie, Mike Izbicki (TC Rep), Lauren Horton, and Mary Lou Wilson.
Chairman Mackie opened the meeting at 6:20 p.m. stating that we now have a quorum of 5 along with our Station Manager and Asst. Station Manager. The purpose of the meeting tonight is to review potential changes to the BCTV Policies and Procedures Manual. Bill will be taking the lead on two major sections that we have changes on which is the “Political Programming” and Bill what is the second one? Mr. Jennings said “Non-Resident Submission of Programs”. Chairman Mackie said we are set to go on that and the first part of the meeting is for comments from the public. I hope the audience at home is much bigger than what we have here in the councilor chambers tonight, but it is not good weather outside tonight. Bill I am going to turn this over to you.
Mr. Jennings said Coleen and I spent a few days in conjunction with some other things that we are doing just going through this. Rather than starting at page one, we are going to go to the two sections that have the most focus on us because that will be the most dialogue. Anything that we mention as far as changes are strictly recommendations, but these two areas because of things that have happened over the past year relating to both political programming and non-residential programming, it has prompted us to say let’s take a look at these policies. In conjunction with that, we also took a doing some survey’s with our sister stations and also looking at recent law interpretations as it pertains to Community Access Television. More importantly is the impact it has on the day-to-day
operation. We are here to facilitate activity, not necessarily be the keeper of the gate. To start with the Non-Resident Programs please go to page 13, there is a significant change that we are recommending. Basically we are recommending that we do away with the 25-signature policy and just reduce that to a Bedford resident who comes in with a program from another community and if they want to sponsor it and the new word n now is endorse it and that should be sufficient. That puts us in line with all the other Community Access stations and also puts us in a position where you are not going to be challenged for some of the Freedom of Speech situations that we can run into. We looked at this in the past as potentially being a challenge to us with one individual monopolizing and coming in with programs from other Community Access stations whether it be political or whatever and there was a hesitation to try to keep everything within the community. As
Access Television continues to grow throughout the State, the Region and the Country, there is a lot of sharing of programs and what was happening with the old policy is that a lot of the burden was falling on to me, where I was the individual that would be selective as to, oh yeah that is a great program. What it comes down to is that I do not necessarily want to be in that position nor does the Board. We want to give anyone in the community an opportunity to provide programming that they feel whether it is produced here and certainly we would encourage that it is produced here, but if they see something out there at another Access Station and they would like to provide it to BCTV, come on in. One thing that we did do that other stations are doing and it is because of how we work at the State level. You have probably heard the expression bicycle tapes. The flexibility that we have for programming is that we broke it down into two categories, 1) solicited
programming and 2) unsolicited program. When we get together as a group or hopefully some day when we have all these programs from our Access Stations sitting on the big server out there, then if I go under a subject area then I can click and say wow there are some good programs coming out of MCAM, Londonderry or Derry and I can download it. That is like me going out and taking a look, so I am solicitating that kind of program. Then there is programming that I am unaware of, somebody coming in and saying in the Community they live in the community and they say can you run this for me. I do not want to be in the position of having to be selective. It is automatically going to be yes. If someone comes in outside of the community and they are not a Bedford resident, again falling in line with the rest of what our sister stations are doing, and believe it or not, several of these stations, some of the conservative ones as well have just opted
based on again National interpretations that we have seen through the judicial environment who have said I cannot have 10 signatures for a series, I cannot have X amount of signatures for this particular program unless I do the same thing for anything else. We are trying to put everyone on a fair and level playing field. If we do have somebody that comes in and I will use MCAM as an example, they are not a resident, I would say to them as I said before give me 24 signatures, now it is if you can find an individual. Again this is unsolicited and if you can find an individual in Town that will endorse it then we would be happy to. So again, that puts us in line with what other stations are doing. We like to be a leader, but I would venture to say and again having been here for a while and as we have evolved into our position and how we have seen what has happened here that we can manage to that very easily and we can give those people an opportunity to
provide programming that some people in our community may find of interest.
Chairman Mackie asked the question that I have always had about this area is that we are requiring the person submitting the unsolicited tape or program to sign a statement of compliance. Mr. Jennings said that is correct and now a new form. Chairman Mackie asked, how does this person who has had nothing to do with producing it how do they know that this program complies? Mr. Jennings said the burden falls on them. They obviously are going to sit down and read the statement of compliance, but there is a list of requirements. We cannot make the assumption is and that can get you in trouble, but that they have seen it. They take full responsibility for it. If they read the statement of compliance we state specifically as well as BCTV cannot be held liable, that it is
specifically that individual.
Chairman Mackie said I think the main thing is that they fully understand that because they have taken a big burden on their shoulders for example the use of copyrighted material that they do not know about that is used on it that is illegal. That is my only concern, but that has not changed from before.
Mr. Jennings said if you take a look, we have eliminated the other form (page 18) and that was pretty challenging and that is the old form and that can be pretty discouraging and that is not something we want to do so from an operational perspective, you do not want to turn away programming and you do not want to discourage or create any bad publicity. We have a lot of good publicity, and it only takes one individual to sour that a little bit. The new form is simple it is a non-resident program request for broadcast form. Chairman Mackie said so to move this on. Are there any questions on this section?
Ms. Wilson said I have one. There was quite a discussion on this in the past. I still believe that if you cannot get 25 people out of 23,000 to sign their name to something, then I am not sure that it is worthy of our time. I understand your dilemma. However we are taking the word of someone you really do not know that they are going to be responsible for it and that is all well and good and you can punish them afterwards if it does not work, but once the cat is out of the bag you cannot get it back in. So if there is something that is truly offensive.
Mr. Jennings said yes, but remember we have in place in our policies that if there is anything of a sensitive nature is broadcasted after 10 p.m.
Chairman Mackie said that is sticking you with the responsibility of reviewing it and saying gee is this really sensitive. Mr. Jennings replied in the policies I cannot review it and that is the nature of the beast in this business.
Ms. Richardson said it would be the same if a Bedford producer brought in a show and signed the statement of compliance and gave us something. They have to give us a description of the program and we are taking their word that it falls within the guidelines.
Chairman Mackie replied I understand that, but Bill said he reserves the right to be able to schedule it for later at night, but unless you have seen it, you wouldn’t know.
Ms. Horton said it is true. This form here (holding up the form) non-resident program it would be helpful to you if it had on it, does this program contain adult language, nudity or extreme violence. Ms. Wilson replied I am not even concerned about that.
Ms. Horton said that defines Safe Harbor Hours. Ms. Wilson said that defines safe, but there are some things that go beyond that such as discrimatory remarks. Ms. Horton said that is liable. Ms. Wilson said I understand that but once it is there it is gone. We are coming into political times where things can be said that are not truly appropriate or there can be comments made that are not based on fact that can ruin someone’s career.
Mr. Jennings said we have every right if a program that comes in here and we do not do it often enough, but we can put in disclaimers at the beginning and at the end.
Chairman Mackie said on most of the videos that you buy today there is a disclaimer especially if there is a commentary and you hear a director talking over the scene that this is how it was filmed. We may want to do that on everything that we put out. Ms. Wilson commented I do not know if you need to do it on everything.
Ms. Richardson said that would require us to go in and edit a show that came in from the outside.
Mr. Jennings said we can also say as a requirement and it is up to the Board that if something is brought into us. I do not want to make extra work for us. We survey any programs that we do here we can put disclaimers up and even say he proceeding program, but if this Board so chooses that can be a requirement in the policy any program coming in from the outside, so I ask them does it have a disclaimer on it.
Mr. Izbicki said you could give them a disclaimer; this is what is required for a disclaimer for shows that are non-resident or even resident shows so they can include that in the taping. Ms. Richardson said that would discriminate a lot of people bringing in a shows. Mr. Izbicki said why would that discriminate them? Ms. Richardson replied if you want to solicit a show, like say Bill will solicit a show “News Watch” and that is something that comes in and it doesn’t have a disclaimer. Mr. Jennings commented I would say from a solicited perspective my hands are on that, but from an unsolicited show, believe me the title will give away a lot of things. Mr. Izbicki replied not all the time.
Mr. Jennings said this Board can turn around and just say hey Bill if you want to turn around and say it, what we would appreciate and then it has always been out there as sort of as a policy. There is nothing in law that says that I do not have the right to go and take a look at that unless you are aware of anything that I am not. If I go through that and I say hold on, this isn’t want they said it was, this actually violates the laws in the State of NH, then I do not have to do it.
Ms. Horton said let me tell you what we do at MCAM. We do respect for Freedom of Speech in the City of Manchester on our channel. We look at our channel as a communication vehicle for the residents, we do not review, we do not preview and people sign a statement of compliance and that statement says, I am responsible for this show, I am responsible for the content of this show, I am liable for any legal implications of showing this. I contest that it falls within the FCC regulations, which includes no deformation, nothing liable and we put that in the Policies & Procedures that they review so that when they are signing that they take full responsibility. Suppose when we are in coding the show we see something that is really not in line with what our rules are, we cannot do anything about it. At MCAM we will run it once and then we will tell them, but aside that we think or if they think there is something there do you remember what you signed in the Statement of Compliance, but
we are not a gatekeeper there and they take responsibility. If someone wants to bring a lawsuit to them as the producer to show that program on the channel, then they are the ones that are liability. MCAM is not liable. They can try to bring us to court, but every legal implication of what they signed and what we agreed to say that we are an airway. We are a service and that is it and we expect people to comply with the rules.
Mr. Rawlings said in light of Lauren’s comments as I was looking over this form this is an endorsement but typically a request such as this, there has to be some basis for that endorsement. I was thinking when looking at this time, was maybe there is a line that says, “what is your basis for endorsing this program”, because there is nothing on here that really asks that question. Ms. Wilson commented that is a good idea.
Mr. Rawlings said there is nothing on this form that asks that question. If someone came and said Dick, I have a great idea and then they tell me about it, well what is your basis for thinking it is so good. Or I heard or I saw a program that I think is really great. If you ask that question and get their perspective as to why they endorsed it that would seem to make sense. Ms. Wilson said that would also have them say, well gee I really didn’t really look at it. I do not know, and then you would say you couldn’t. This gives them another step. Ms. Horton asked would we say we are sorry. We would say gee maybe you should look at that then, because if you’re endorsing it, you’re putting your name on it. Ms. Wilson said that is what Dick is saying,
so that someone hasn’t been given it by somebody else.
Ms. Richardson commented that on (page 16) this is the Statement of Compliance, which they will be required to sign along with this form. Ms. Wilson said that what Dick is saying is that this would be one more level. Ms. Horton said they could say it is my friend and they asked me and are we going to say that is an okay answer, because that is what might happen.
Ms. Richardson said you can ask that question, but what I do not know what the difference would be for going on the air. Ms. Wilson said it may not doing anything, you can also say well you realize you are liable if there is something that is inappropriate. All you are doing, because you can say yeah it is a great story I saw it, but all your doing is protecting yourself with one more layer so that if something comes back and it would take no time.
Mr. Jennings said it maybe what you guys want to do, but I agree with Coleen I am not sure that it is needed. I think they need to think a little bit more. It is one more step. Ms. Richardson said it gets them to think more while they are signing it.
Mr. Rawlings said if I just had some sense as to why do they want to endorse this program. As they didn’t produce it. Mr. Jennings asked something simple like, why do you want it run on BCTV? Ms. Richardson said when you said that I thought the obvious because I want everyone to see it. Chairman Mackie said if that is their answer that is their answer. Ms. Richardson asked, do you want them to get into more depth. Mr. Rawlings said if it was a travel log or like Gene likes architecture, Architecture of San Diego and in Bedford there may not be anyone interested but Gene, but just ask the question I do not think it would hurt. Ms. Richardson said absolutely it is just one more sentence. Mr. Rawlings replied he would feel more comfortable if he
had some sense as to why they wanted to endorse this tape.
Mr. Izbicki asked Laurent what kind of responses do you get back. Do you ask at all what is in the program? Ms. Horton said we have them sign the Statement of Compliance and the submission and it clearly states that this is what you are responsible for. We have a lot of shows, if we see something by chance as we are coding it. Mr. Izbicki asked do you see things that shouldn’t be there. Ms. Horton said yes sometimes, but very seldom, but yes there are a few studio shows that I say. They are taking responsibility for that and the responsibility for being brought to court.
Mr. Jennings said we do not want to get involved in being selective, just them taking the time with the program description, I am going to be talking to them and if they want it on file as to why they are bringing it in.
Chairman Mackie asked are you asking for a description of the program or the content, or do you want to know, as the point that was brought up was why do you want this show. Are you saying two things should be there? Mr. Jennings said no. I am saying if you can tell me what the program is, it is a program description and he is writing it out as we are chatting. Ms. Horton said you may want to market it; you may want to put it in the paper. Mr. Jennings said it is exactly why we put that in there because we like to have a little bit of a write up.
Chairman Mackie said are you saying that you feel the form as it stands now meets, what Dick is suggesting in terms of the statement as to “Why do you want to show it” does that cover it or not because we should move on to another point. Mr. Jennings said I think it is covered, but it is what you guys want, it is a simple line to add.
Chairman Mackie asked are we prohibited to have a strip across the bottom are we prohibited from having something pop up every once in a while. They do not have to put it into their program. Again like they say on almost every DVD that I purchase now, they have a disclaimer up front that says commentary appearing on this is not the responsibility of 20th Century Fox.
Ms. Horton said it is my understanding too that you move to digital, I know we have the ability to do that and I am sure you will be able to put a screen ahead of any program that you choose.
Ms. Richardson said our new software that we are getting lets you have a bumper graphic and that is what we would be able to do before the program. Chairman Mackie said do we agree as a board. Ms. Horton said what this does for us as a Station, the programming has been tough to get on tough to put on, so it will broaden what people will see on BCTV.
Chairman Mackie said as far as the suggestion that Dick had? Mr. Jennings said I am going to add something so you understand the example, in terms of anything and everything coming in which ties into the political. If I have something and I will use what happened with Lauren. It was a series of shows and we want to run it here it has to be endorsed once. Chairman Mackie said we have to have it changed to say that. Ms. Richardson said it does, it states request for individual program or request for series program.
Mr. Jennings said that the only reason that I am mentioning it to the board is so that you understand if there is a resident in Town who particularly loves this political candidate and goes to all the Town Meetings where this candidate comes in and says can you show this, absolutely. We can have as an example Bill Richardson week and that is the way it will work. There is nothing wrong with that. I talked to a couple of the other station managers and they had a situation like that, do you know what it does it challenges some of the other residents to go out there and let’s just put it on. Because going to a hard drive system and doing in coding then flexibility is there and go for it. That being said, we give everybody, again I am not saying our own local officials I am talking about
officials at the National level. The control still remains with the Station in terms of when things are going to be played. I hope we start getting a few phone calls from people saying, that is how we got the Republic Committee in Town who has always active. I was asked before how come you are only showing the Republic side they took the initiative to come in here. Because of the amount of time should I, shouldn’t I, would I, couldn’t I, and we welcome everybody who remains in compliance with the Statement of Compliance.
Chairman Mackie said on 3-5-1, I want to make sure that I understand it, it says unsolicited non-resident programs. When I am reading this I get the impression that each program requires one endorsement, I think we want to add in an identified series. That will eliminate that problem of someone saying I have 25 episodes and now do I have to have 25 and you say no. Why don’t we put programs or series?
Ms. Horton said that sounds good. Ms. Wilson said where are you? Chairman Mackie said 3-5-1 Unsolicited Non-resident programs, I am suggesting next to programs in parenthesis say. Mr. Jennings replied and/or series. Chairman Mackie said then that covers us and then go on to the next item.
Chairman Mackie asked those in favor of adding a line on Non-resident form that would require the person endorsing the program to state why he or she feels the program should be broadcasted. All those in favor of adding that line to the form in favor say yes.
Ms. Horton said can we have a discussion, I would support that and say, but for informational purposes only because what are we going to do with that information.
Chairman Mackie said we have a lot of questions on there that are for informational only. If it someone says none of your business then Bill will look at it and say. Mr. Jennings said, I cannot do anything about it, but it is not my business.
Vote taken - Chairman Mackie said 5 in favor.
Ms. Richardson asked and how do you want to word that?
Mr. Rawlings said, “What is the basis for this program?”
Ms. Horton asked did we do the Safe Harbor Requirements there with no nudity, no extreme violence. Mr. Jennings said that is under the Statement of Compliance.
Ms. Horton said you can show nudity on your TV, but don’t show it before whatever hour. We define it as “Safe Harbor Hours”. Mr. Jennings said I thought of an example. Chairman Mackie asked Lauren what are you saying, are you making a motion to add something?
Ms. Horton said any submission form whether it is resident or non-resident we should have an indication from the producer or the sponsor if this program contains nudity, extreme violence or foul language. Those three things generally you put outside Safe Harbor Hours, which we define somewhere as after 10. We can say 10 or 11 whatever you want. Chairman Mackie said is that defined Bill?
Mr. Jennings said certainly any violation in the RSA 6:50-1, but what she is talking about it just kind of gives us the head up we have the right as a board and from my perspective we have a program here that has some flags and the policy can remain with the board can decide again on sensitive issues.
Ms. Horton said they should take the responsibility for that. Chairman Mackie said everyone has different definitions of extreme violence. You can take some of the shows that Mike Robinson has done and say that is extreme violence, but it is war.
Ms. Richardson said it says it will be in a restricted time slot, it doesn’t have a time on it.
Mr. Jennings said you tell me what to do. Ms. Horton said this is what we do in Manchester, when someone submits a show, we have them check it there is extreme violence, nudity or strong language and if they check it, and then they know we will put it on after 11 o’clock. Chairman Mackie said what if they do not check it off? Ms. Horton said then they are responsible for showing it earlier. If there are any complaints we say we have a piece of paper here that says that was not in existence. Now that we know, we will take the producer and we will put it on Safe Harbor Hours.
Mr. Jennings said Coleen is right it has to be for both solicited and non-solicited. Ms. Richardson asked then how can you have one form for a series. Ms. Horton said when they submit the program don’t they submit. Ms. Richardson said what if today what they produce doesn’t, but they send you what they produced three weeks ago. Ms. Horton said they have the rules and regulations, they know. They should know. Ms. Richardson said but the form that they fill out, we are asking them the Bedford resident is endorsing it just once for a series. Today what they have seen to date is fine, but then if the producer throws something in down the road, how do they know that and how do we know that?
Mr. Jennings suggested that maybe with a series. Ms. Horton said alert us on an episode basis. Mr. Jennings said I am trying to think if it is not a series, anything you bring in has to have an endorsement, so the same person who is bringing it in is signing it?
Mr. Izbicki said if it changes, then make sure they notified us that the content changed. Say the third show has adult language or violence. Ms. Horton said maybe it is a question that says can we show this in Safe Harbor Hours.
Ms. Wilson said I think your using jargon that everyone doesn’t understand. You cannot say Safe Harbor, to me that would mean nothing. You need to speak in the language of the people coming in. What you say is this appropriate for all audiences or do you feel, what ages. Ms. Horton said it should it be restricted to later hours. Ms. Wilson said it is subjective. What Gene was talking about with war, I find that historical, was it violent, yes but it is history. As opposed to your getting into some nit picking and when you cut it all away and I understand the whole thing about censorship and the Freedom of speech, but I find it offensive that programs that contain certain subject manners are viewed at all on BCTV.
Ms. Horton said it is the exception to the rule. You look at the number of programs that you have had on BCTV. Ms. Wilson said you do not have it at all. If you open the can of worms you cannot bring them back in.
Ms. Richardson read that it says that the Station Manager has the right to broadcast them in restricted hours if something gets broadcasted and we have not viewed it and we find out, it gets switched to a later time slot. Ms. Wilson asked can you not show it again. Ms. Richardson said right you do not have to show it again because we are only required to show it once. That is how it has worked and we have not had any problems.
Chairman Mackie asked restricted hours is that defined. Are restricted hours defined any place. Ms. Richardson said it used to be from 10 p.m. on, but you guys took that away to leave the discretion to the Station Manager since he is doing the schedule.
Ms. Horton said you are in a tough position making all those decisions. Mr. Jennings said we give priority to local and we have not had, we had one program that gained attention that we were challenged by, but I personally again would like to have it defined so people understand. Chairman Mackie said what defined time. Mr. Jennings said 10 p.m. on. Ms. Wilson said maybe 10 to 4, or 11-4. Mr. Izbicki said you have 9,10, 11 year olds staying up to 11:30.
Chairman Mackie said that the restricted hours be from 11 p.m. until 4 a.m. Ms. Richardson said that was deleted last year. Chairman Mackie said that was an old board.
Vote taken - those in favor of the restricted hours 11 p.m. to 4 a.m. seven days a week. All in favor. Passes.
Ms. Richardson asked, how do you want to word that? Ms. Wilson restricted hours are defined as. Mr. Izbicki said 11 p.m. to 4 a.m. seven days a week.
Chairman Mackie said the next one is.
Mr. Jennings said please go back to 2-10 on page 8.
Mr. Rawlings said on Lauren’s comment when she was asking. Ms. Horton said should we call out and identify nudity, extreme violence and vulgar language put that on the Statement of Compliance where is probably the right place for that, as everyone has to sign that. Mr. Jennings said that can be on the back of the Statement of Compliance we can ask that.
Chairman Mackie asked is there a signature after that. Ms. Richardson said you want an additional sentence. Chairman Mackie said why don’t you state your suggested text.
Ms. Horton said on page 17. Mr. Jennings said so under question 5. Ms. Horton said so does the program include. Chairman Mackie said program or series? Mr. Rawlings said you can put parenthesis if this is a series, you can qualify it, and if this is a series does this apply. Ms. Horton said you must alert us as to. Chairman Mackie said why can’t we say does the program or series. Mr. Jennings said this is a program and/or series will it ever contain violent.
Ms. Horton said if any of these and they have to check and if any are checked. Ms. Wilson said the fewer you have is better, just yes or no. Ms. Horton said you need to let them know. Chairman Mackie said does the program or series contain and what wording do you want Lauren. Ms. Horton said nudity, extreme violence, and vulgar language.
Chairman Mackie asked violence or extreme. Ms. Horton said it is subjective, but they will know. Violence or profanity. Ms. Wilson said that is subjective because can you say hell or dam. Chairman Mackie said you just got bounced off the air.
Chairman Mackie said there are now four questions and your adding a question to the Statement of Compliance. In the section that will have a signature after it and the text of the question will be does the program or series contain nudity, extreme violence or profanity and they must answer yes or no. All those in favor of adding that to the Statement of Compliance.
Ms. Horton said I am thinking here it is nudity of a sexual nature is the more appropriate. I will tell you one show that we showed on BCTV a while back and it was a good show and it was directed to teenagers on “Self Breast Examination” that was shown during the day and it was a really good show, but there was frontal nudity. Chairman Mackie said the person would still answer that it contains nudity. Now Bill says okay it contains nudity and what is the subject matter of it and the decision is made on whether it will be shown. We have to vote on this because I am going on vacation Sunday and I am not going to be here. The question is going to be stated does the program or series contain nudity, extreme violence or profanity with a yes or no answer.
All in favor of that wording be added to the Statement of Compliance. Vote taken – all in favor. Passes.
Mr. Jennings said we are going to get back to 2-10. Chairman Mackie said before going into detail just give us a general picture. Mr. Jennings said to provide more opportunity to reference for non-solicited political program that comes in from the outside, to help control the operational staff in terms of what they can participate in and at the same time providing the professional assistance that a lot of candidates require and also to set something up with regards to what are volunteers can do without the assistance of the same. We are just trying to define that. We grew a lot last year and each year as we do our debates and our forums, which by the way was never something that was part of the policy. There are debates, and then there are forums and then there are interview type programs. We
are involved in all three of them and what we are trying to do is again to minimize. When you have 6 State Reps both parties and when you have Gov. Exec candidates and Congressional Reps and State Rep, State Senatorial we get very busy. Last year we did 18 candidates.
Chairman Mackie said we know what your doing. Mr. Jennings said we want to define what the staff does and what volunteers do, but at the same time making sure that every candidate has equal opportunity with the same amount of time to get their messages across.
Mr. Izbicki said when you talk candidate’s local, State, Federal or all of the above? Mr. Jennings said all of the above.
Ms. Horton asked when you say same do you mean same time? Chairman Mackie said equal access. Mr. Jennings said equal opportunity. When I say time because we do have time in here an opportunity can be defined differently. Chairman Mackie said your maximizing the amount of time.
Chairman Mackie asked your talking Presidential candidates, commercially produced videos on behalf of a candidate, is it acceptable or not acceptable is that okay? Mr. Jennings said if there are no commercials. Ms. Richardson said if it falls within the guidelines of Statement of Compliance and BCTV policies then it can come in and be endorsed by a resident.
Chairman Mackie said so there is an ad for Rudy that is okay? Mr. Jennings said we are not saying a political ad that makes a big difference. Chairman Mackie said you will see people in the audience with “Vote for Rudy” signs. Mr. Jennings said Bill I just got this from the Rudy campaign headquarters this is super and I would like you to run it. I would say sure Gene.
Chairman Mackie said we do have restrictions on commercial programming. Mr. Jennings said that is completely different. Ms. Richardson said they sign Compliance because it says no advertising and no campaign advertising.
Mr. Jennings said without mentioning specifics in the past we thought we had it well defined, but at the same time, but initially it was one candidate in and another candidate in and Mike has been in an interview type format and understands how that works. Mike has also gone through our training class as well as a couple of other people that he used to produce his own independent production. That is exactly how we would like it, but in the past, let’s say Mike was interviewed and then someone running against him also was interviewed now the other guy comes back and says I heard what Councilor Izbicki had to say and now I want to do a show. Here is what we are going to do. The bottom line is that the candidates if you look at 2-10-3 we are giving everyone 30 minutes. So let’s use
Mike as an example and Mike interviewed by Doug 30 minutes. If Mike wants to come in and do another show on the Warrants he can do that. It is no Mike comes in and does a show on Article One, it is like one show.
Chairman Mackie asked on the Warrant Articles can’t he do one show or more than one show? Mr. Izbicki said that is where I have an issue? Mr. Jennings said it is because you are covering all the warrants. I am talking about staff involvement, independently you can go.
Mr. Izbicki said so your saying 30 minutes from the staff per candidate. Mr. Jennings said let’s say your being interviewed and there is one show at 30 minutes and then you want to come back in and do a show on the Warrant Articles. Ms. Richardson said we didn’t define it that way.
Mr. Izbicki said I should be able to use the studio with my own people and I can do 5 shows a day if I wanted to. So I am allowed one 30-minute interview format with a BCTV employee. I do not have an issue with that.
Mr. Jennings said I would like to encourage that. It is like what happened with another candidate, he had a production team that was strictly made up of volunteers go knock yourself out. Ms. Richardson said the way it is written, BCTV employees cannot do Warrant Article programs. Mr. Jennings said sorry we did change that. Now that is up to the board. Ms. Richardson said that the reason behind that was to keep us neutral and not showing a bias. It is also to limit so if there are 20 candidates we are doing 40 shows. We have to be able to give equal access to everybody.
Mr. Izbicki said yes equal access with the employee of BCTV or production crew, but they should, the candidate should have the option to do whatever they want. Ms. Richardson said that is what it says in paragraph 2-10-3 it says the employees will not produce it, but the candidates are allowed 30 minutes. It does not say a limit of programs; you are allowed to produce as many programs as you want.
Mr. Jennings said you can decide what you want to do, because as I am going through this myself, if you want to spend time and you want us to get involved in Warrant Articles that is up to you.
Chairman Mackie said if he has done a 30-minute show and now Mike is taking on warrant articles can he do that with you behind the camera. He has already used his 30 minutes. Mr. Jennings said what do you guys want to do?
Ms. Horton said I don’t see a problem with that and I think the more information the people can have on a candidate. Mr. Izbicki said the question comes down to staff support. Mr. Jennings said you get a lot of face time and then people are buzzed. You have a candidate’s debate and we have not gotten into the forums. This is where we look at that came about the Sate Rep for both Democratic side and Republican side some wanted to do a 30 minutes plus and then the committee chair wanted them to be a part of a forum for 10 minutes each. We are in there for 3 hours then it is all the editing and when we say staff involvement we are taking you from A-Z.
Chairman Mackie said as a Board we recognize that you have to be fair there is only so much time in the day. Ms. Horton said let me ask you this. You have studio time each week that people can sign up for and the staff supports it. Mr. Jennings said we send it to the Community chair, we sent an e-mail out to the candidate’s committee chair and we say this is what we have. Ms. Horton said in general on a daily basis or on a weekly basis you must have, or do you have? Ms. Richardson said we are not defined like you we do it on a case-by-case basis. Ms. Horton said you don’t have set times. Ms. Richardson said we don’t have set times like you guys we set it up on a case-by-case basis. Ms. Horton asked would that be helpful to you. Mr.
Jennings said during the political season we do because the demand is there.
Ms. Horton said if you had like a block of studio time that they could sign up 4 weeks before the election and limit them enough maybe once per week max whatever your limit is. Ms. Richardson said we did that so each candidate got a time slot. Your talking about 2-3 time slots, we do not have the flexibility or the staff to support that. We need to limit it to either they do an interview program for 30 minutes or they are part of a political forum and they produce that with a 10 minute time slot. Mr. Izbicki said I do not have an issue with that.
Ms. Richardson said we will do debates we are available and then we are saying any candidate has access to the studio and the equipment and as long as they give us enough time to learn, we will hold classes prior to the election they can produce as much as they want.
Ms. Wilson said we need to move on for this, I think 30 minutes for each candidate is fine and if they want to do Warrant Articles they need to get their own people. Mr. Izbicki said I agree. One thing I would like to have in here if you do a 30 minute show with the staff BCTV after that the production staff does not support a candidate that it should be done by their own people. Ms. Wilson said right sometimes there are 4-5 candidates, but there are other times when you have 10-15 candidates and you cannot have Bill and Coleen running around filming.
Ms. Horton said if a Resident of Bedford wanted to offer the opportunity to make a commitment and offers to be in the studio and make studio hours one night a week for 1-3 hours. Mr. Jennings said we would welcome that. Ms. Wilson said all they are saying is just not them.
Mr. Izbicki said on this 2-10-6 are we going through each article. Chairman Mackie said we are going through the section of 2-10. Mr. Izbicki said 2-10-6 says employees of BCTV are permitted to assist in any in studio candidate debates, what does that mean? Mr. Jennings said Bedford Men’s Club. When they have their debates Town Council then also last year when we had the State Senatorial candidates even though we had Sheila Roberge and her opponent they had separate 30 minute interviews and then there as a push to get a debate we said sure would be happy to help out. I would have no problem as a staff member to any time when there is a candidate debate to help in that. Mr. Izbicki said it looks like you can participate in the debate as I read this. Ms. Richardson
said assist in the production.
Ms. Horton said is there a sensitivity that you feel that BCTV could be construed that your supporting one candidate vs. another, is that what this is all about? Mr. Jennings said we are a neutral party; we are not involved other than providing technical assistance.
Mr. Jennings said I would love to have candidate debates because when we have them here for the Town Council Rep, School Board etc., people are watching those things and we are handling it all back there. The one last year with the two senatorial candidates we had it in the studio and you want it to come across professionally because you have two people.
Chairman Mackie said then a word change on 2-10-6 employees of BCTV are permitted to assist in the production of any in studio candidate’s debates.
Vote taken - All in favor. Passed.
Chairman Mackie said next section. Mr. Jennings said those were the two main areas. Now we can go to the beginning.
Ms. Wilson said can I ask a question. When the High School opens, are they going to have advertisements on the fields and scoreboards, does that constitute as advertising? Mr. Jennings said no, not at all. That is why a lot will sign up because hopefully they will be on TV. Chairman Mackie said you want once they do their camera placement and they find out where it is and that board that is opposite the camera placement that is the one someone wants. I have seen it in hockey arenas.
Mr. Izbicki asked are there going to be separate regulations for the High School? Mr. Jennings asked what do you mean? Mr. Izbicki said I mean Policies? Mr. Jennings said why would there be. Mr. Izbicki said I just asked the question. Mr. Jennings said again we are public education and government so we are responsible for handling their signal. I do not see any restrictions or why they would be any different.
Ms. Horton said on 2-2-1 I have a quick note on that, where it says about the Statement of Compliance where it says have met the requirements of the Statement of Compliance. Mr. Jennings asked where are you?
Chairman Mackie said Lauren at this point we are going to go page by page. Ms. Richardson said we want to start at page 1 with the changes. We just pointed out the changes in the stuff that we needed.
Chairman Mackie said let’s look at page 2 and Lauren you have a question on the bottom of page 3. Ms. Horton said yes on the bottom. I would suggest that we change the wording to met the requirements of to signed the Statement of Compliance. It is a little less objective and that is what we are trying to do. Chairman Mackie said I do not see any problem. Committee members have the right to have the program that they produce or endorse at least once, provided they have signed the Statement of Compliance as described in section 2-5-1. Is everyone in favor of that language? Yes.
Chairman Mackie no changes on page 4, no changes on page 6?
Ms. Horton said on page 6, I added the word intentional falsifying under major violations. Chairman Mackie asked how do you define intentional? Ms. Horton said how do you define falsifying, it is subjective whether. Ms. Wilson said if you falsify a form you have lied and that is intentional.
Ms. Horton said 2-8-2 verbal warning and the second time do a written warning. Chairman Mackie said how do you keep track of these? I think they have to be in writing. Mr. Izbicki said how long do you keep them on file? Chairman Mackie said how long do you keep in the file. If you do write someone up how long does that stand. Mr. Jennings said 30 days. Ms. Richardson said add in a line for verbal warning because some most of the time it is a talking to and you get them back on track. Mr. Izbicki said that way you have the flexibility to do what you want.
Chairman Mackie said the recommendation is under 2-8-2. Under minor violations will result in the following series of actions and the first bullet would be verbal/written warning which is at Bill’s discretion.
Ms. Horton said I know this takes a little bit of time, but I do have notes that I have made and on page 2-9-2 the raw footage accumulated for a program belongs to the programs producer, however it will be retained for the use only until the final edited program at which it will be recycled. I think it should say it should be returned. Most of the time the producer would want their raw footage returned. Mr. Jennings said we do not charge them for the tapes so if they are not using it, we are keeping it and we recycle them. I know you charge for the tapes so they own them. Ms. Horton said yes. Mr. Jennings said that is the difference. Mr. Izbicki asked any push back on that? Ms. Horton said do they want to buy them. Ms. Richardson said if they want it we give it to them. If they leave it here and it is sitting on the shelf we recycle it.
Ms. Horton said 2-9-2 and on the next one, requests the use. It says BCTV may keep clips of raw footage for its generic or historic significance, but I think you should ask them. Mr. Jennings said we do in the Statement of Compliance.
Chairman Mackie asked a question do we have to put more definitions going more and more to digital and going to disc, maybe a tape will be out of the picture at some point.
Mr. Jennings said we have change that throughout we have mini tapes, but the final product is DVD. Chairman Mackie said we have mini DVD. Mr. Izbicki said you don’t have a section of definitions that is one thing I felt is missing. Mr. Jennings said that is a great idea.
Ms. Horton said 2-9-4 all qualifying editing programs will be broadcast at least once, the producer may limit playback or leave it to the discretion. I would ask to add that they may request one playback time to be provided for pre-promotion should they want to agree with us on a time so that they can promote ahead of time does that happen now. Mr. Jennings said we provide some flexibility; I don’t necessarily want to have something that says we can deal with that on operations. Ms. Horton said you do not feel it needs to be in the policy. Ms. Richardson said it doesn’t say that it can’t. They can ask and if the schedule allows.
Ms. Horton said you can guarantee them a slot and they can go to the newspaper and say watch my show next Monday. Ms. Richardson said we do it on a case-by-case.
Ms. Horton asked so would you want that in the policy. Mr. Izbicki replied keep it flexible and keep it to the manager. Ms. Wilson said when Bill talks to you you can talk that out, when you put that in the policy people are going to be at you. I think it takes away his discretion.
Mr. Izbicki said case-by-case basis are you saying it is available. Ms. Horton said just a time slot. Ms. Wilson said I do not want it as policy. Ms. Horton said okay. Who would know? It would trigger the fact. Ms. Richardson said again you’re thinking of MCAM and not BCTV we do not set that we have variety program with the schedule each week. Ms. Horton said on Martha’s Vineyard they have the same thing. Ms. Richardson said by putting that in there and you get 10 people who every week request a certain time slots, then they are defining the schedule. Mr. Izbicki said that is up to the discretion of the Station Manager. Ms. Horton said you guys know. Mr. Jennings said it is easily managed and it is discussed. Chairman Mackie said it is not a
problem. Ms. Wilson said speaking from experience with my show and working with Bill and I call the newspapers up. If it is a policy it is a difficult policy to maintain.
Chairman Mackie said are we finished with 2-9-0. On 2-10 we have already taken care of. Okay 2-11 Program Underwriters procedures. Mr. Jennings said we added a line 2-11-2 we wanted to emphasize and encourage producers to get assistance, but again it is in violation of BCTV policy to use BCTV equipment and take a salary for productions that are produced here so we wanted to emphasize that. Remembering we are a Town Dept and anyone accepting any monies whatsoever could cause some exposure.
Mr. Izbicki said under Governmental meetings, ZBA or Planning Board. The volunteers that film. Mr. Jennings said they are paid and they are Town Employees. Ms. Richardson said they are part time Town employees. Mr. Izbicki said one concern I have is it goes down to nepotism if I am on ZBA Board, I do not feel that my son or daughter should be filming that. I think that should be part of the policy that there should not be nepotism. They can film a show, but not a Board meeting.
Ms. Richardson responded that would be something the Council would have to take up as you are dealing with Town Employees, because there is a policy in the Town as far as relatives reporting to supervisors of a relative.
Mr. Jennings said first of all did somebody come to you with this. I have to tell you I look at the individuals that I hirer very carefully and I look to make sure that they are professional and that they maintain that. The people that we have working with us and we turn them over periodically as they move on and graduate. There are people that are more skilled and dependable, but to me I would say that is ludicrous. Ms. Horton said there are procedures for recording a meeting. They follow the conversation and the camera is on the person speaking so there is no editorial kind of stuff. Mr. Izbicki said I am not sure how that plays out with the policies.
Mr. Jennings said I hire an individual based on their performance, there response to instruction and I guess I am still dumb founded that we are discussing this. Ms. Richardson said it would be up to Council to find any member of a Board could not have a daughter or son as an employee.
Chairman Mackie said what about the procedure section. Ms. Horton commented no VHS stuff anymore? Mr. Izbicki said why Bill, you don’t have equipment? Mr. Jennings said I have one more deck that is going away and if anyone wants old VHS stuff.
Chairman Mackie said page 10, page 11, a minor change and authorization form. Page 12. Page 13 we already went through. Page 14. Mr. Izbicki said maximum of 2 free copies, I thought you were giving just one? Mr. Jennings said we have a high-speed burner and we now give one to the host and one to the guest.
Chairman Mackie asked on page 14 any comments. Page 15 no changes. Page 16 the Statement of Compliance we made those changes. Page 18 says remove old form and replace.
Chairman Mackie said we need to talk about meetings? Ms. Wilson asked do we really need an Aug 2nd meeting? Chairman Mackie said if we are finished with Policies & Procedures then the next meeting will be Thursday, Sept 6th at 7 p.m.
Ms. Wilson said at the last meeting I made a motion of 3 times per year and I would like to put that back on the table. I do not see a reason to meet more than 3 times a year.
Chairman Mackie said we approved each of the section with the exception of definition section. Mike hold off definition for a period of time. Have the quorum and have changes presented to Council on Aug 15th.
MOTION made by Ms. Wilson to approve the changes we made in the Policies & Procedures that were compiled tonight and present this to Town Council. Seconded by Mr. Rawlings.
Chairman Mackie said any further discussion? Seeing none let’s take a vote and this will be on the Council agenda for August 15th.
Vote taken – all in favor. Motion passes.
Chairman Mackie asked do we meet 6 times a year or 4 times? Ms. Wilson suggested 3 times a year. The point is if there is a concern we see coming up that is not saying you cannot have another meeting, I am talking about regularly scheduled meetings. Ms. Horton said there was an anticipation of different committees working on the board. Ms. Wilson said as a Board we look at issues and procedures, but the day-to-day operations if there is a concern then Bill and Coleen say hey Gene we need to get the committee together.
Chairman Mackie said out of the strategic planning there were some things that need to be done and the Board members that put those items together no longer exist, so we need to re-assign them do we wait 4 months before we do this? The problem is we need to set-up committees, but we have not done this. Ms. Wilson suggested what about meeting in Oct? Unless Bill needs us before then? Mr. Jennings said I am all set.
Chairman Mackie said our next meeting will be Thursday, Oct 4 at 7 p.m.
MOTION made to adjourn by Ms. Wilson. Seconded by Mr. Rawlings.
Meeting adjourned 7:50 p.m.
Submitted by Jane O’Brien
Docs #22692
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