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HomeMy WebLinkAbout07/03/2007, C2 - SAN LUIS OBISPO COUNTY PUBLIC ACCESS, INC. (SLOCOPA) ANNUAL REPORT council M July 3, 2007 j acEnba Report 6z CITY OF SAN LUIS�OBISPO FROM: Audrey Hooper, City Clerg Jonathan Lowell, City Attorney SUBJECT: SAN LUIS OBISPO COUNTY PUBLIC ACCESS, Inc. (SLOCOPA) ANNUAL REPORT CAO RECOMMENDATION 1. Accept SLOCOPA's May 25, 2007, annual report, with one-time waiver of audit requirement. 2. Direct staff to authorize the current equipment request in the amount of$15,917.50 with the understanding that SLOCOPA will revise its Bylaws and procedures to provide for access without regard to content, in conformity with the Agreement between the City and SLOCOPA. DISCUSSION Background In July 2005, the Council approved the Public, Educational and Government (PEG) Access Operating Plan, as required under the current franchise agreement with Charter Communications. The Operating Plan provides for the release of PEG access funds collected from Charter's customers. Based on the approved Operating Plan, there are three partners in this program and each is responsible for its respective type of access(as indicated in parentheses): 1. SLOCOPA(public) 2. San Luis Coastal Unified School District(educational) 3. City of San Luis Obispo(government) Under the Operating Plan,each partner was allocated one-third of the money provided to the City by Charter Communications for the sole purpose of acquisition and maintenance of equipment and facilities. These fimds may not be used for operations. On March 8, 2006, the City entered into an agreement with SLOCOPA (Agreement) in accordance with the approved Operating Plan. The purpose of the Agreement is to ensure that SLOCOPA provides public access services to the community in exchange for the funding provided by the City. Section 12, Annual Reports, of the Agreement requires SLOCOPA to submit an Annual Report to the City prior to May 31 of each year. While such an Annual Report would not normally be provided to Council for review, in this instance, SLOCOPA has made a special request to waive a provision of the agreement Therefore, staff is bringing this matter to Council for consideration. J SLO County Public Access Annual Report Page 2 The annual report is required to contain, at a minimum: A) Statistics on Programming and Services Provided, B) Current and Complete Listing of SLCOPA's Board of Directors, C) Year- end Financial Statements Audited by an Independent Certified Public Accountant, and D) An Inventory of Equipment Purchased with Funds Provided by the City. 2007 Annual Report and Request for Waiver of Requirement SLOCOPA's Annual Report was submitted to staff on May 25, 2007 (Attachment 1). Subsequently, a letter requesting waiver of the requirement in Section 12.0 that year-end financial statements be audited by an independent certified public accountant was received on May 31, 2006(Attachment 2). Staff has reviewed the 2007 Annual Report. The report generally contains the required components. The requirement of an audit by a certified public account is unduly burdensome for SLOCOPA at this time. A review of the financial statements for the period of January through December 2006 revealed that SLOCOPA's average-monthly balance was approximately $500. Prior to January 2007, SLOCPA's membership dues were $10 per year per member. (Dues were increased in January 2007 to $50 per year per member, with the option of fee reduction based on the contribution of volunteer hours to the organization). In addition, a $5 per class (equipment, facilities and editing)fee was charged. With a minimal income in 2006 of approximately $1,000 and an ending balance of less than $500, staff concurs that, for this reporting period only, the requirement for an independent audit by a certified public account would place an undue financial burden on the organization, as the cost of such an audit would likely exceed the assets of SLOCOPA. Additional Equipment Requested A request in the amount of$15,917.50 for equipment was received on May 2007(Attachment 3). The need for the additional equipment has arisen, in part, because equipment originally purchased by Charter Communications in the past for use by public access has either exceeded its lifespan or is now obsolete. However, SLOCOPA was advised at the time this request was received, for reasons stated below, that staff would not release the fimds until receipt and review of its Annual Report. Bylaw Inconsistency with Agreement Requirements A complaint was received from a producer on May 3, 2007, alleging that SLOCOPA had removed programming from the air based on the content of the programming. Because of the nature of the complaint and concerns regarding SLOCOPA's Bylaws (Attachment 4) and other policies that appear to sanction regulation of programming based on content, staff advised SLOCOPA in an e-mail dated May 10, 2007, that funding for additional equipment would be held until the submittal and review of SLOCOPA's Annual Report. At the same time, staff C�-4 SLO County Public Access Annual Report Page 3 requested that SLOCOPA revisit and revise its Bylaws to address the programming concerns,and provide them to the City for review as part of its upcoming performance review. Subsequent to the initial complaint, and following the receipt of several more complaints, staff met with members of SLOCOPA's Board of Directors on May 25, 2007. It became apparent during the meeting that it would not be feasible for the Bylaws to be reviewed in time for inclusion with the Annual Report as the SLOCOPA Board would need to meet, appoint a subcommittee, and confer with legal counsel. Staff recommended that SLOCOPA submit a statement indicating that the Bylaws would be submitted with its Annual Budget and Activities Plan for the following fiscal year that is due September 30, 2007. Such a statement was received on June 18, 2007 (Attachment 5), a copy is attached to this report. Based on this commitment, staff is comfortable that SLOCOPA is working to ensure its Bylaws are consistent with Agreement requirements that SLOCOPA "keep the public access channel open to all potential users regardless of their viewpoint, subject to FCC regulations and other relevant law" and specific directive that there is no "authority to control the content of programming placed on the public access channel so long as such programming is lawful." Release of Funds for Additional Equipment Although staff continues to have concerns regarding the Bylaws, in light of SLOCOPA's good faith efforts and willingness to work on the Bylaws over the summer, staff recommends authorizing the release of funds for the current equipment purchase request. CONCURRENCES The Finance and IT Director reviewed this report and concurs with the staff recommendation. FISCAL IMPACT Because the funding for the equipment purchased by SLOCOPA has been provided by Charter Communications using PEG fiords collected pursuant to its Franchise Agreement with the City, there is no fiscal impact on the City's general fund. ALTERNATIVES 1. Council has the option of denying the waiver of the audit requirement. However,because the cost of an audit would likely exceed SLOCOPA's assets, staff would not recommend this alterative. 2. While Council may direct staff to delay the release of fimds to purchase additional equipment, staff would not recommend this alternative. Some of the original equipment is now defimct or has exceeded its lifespan. 3. Council may choose to not request that SLOCOPA review its bylaws, but at present the Bylaws appear in conflict with the provisions of the Agreement that SLOCOPA "keep the public access channel open to all potential users regardless of their viewpoint,subject to FCC dz-S r� "1 SLO County Public Access Annual Report Page 4 regulations and other relevant law" and not "control the content of programming placed on the public access channel so long as such programming is lawful." ATTACHMENTS 1. SLOCOPA Annual Report(Excluding Receipts and Nscellaneous Submittals) 2. SLOCOPA Letter Requesting Waiver of Audit 3. SLOCOPA Letter Requesting Additional Equipment 4. SLOCOPA Bylaws 4. SLOCOPA Letter Regarding Amended Bylaws AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE Complete copy of the SLOCOPA Annual Report G:\709-08 PEG Access\Public\07-03-07 Council Agenda Report-Annual ReporLDOC . �z- y 1 L ATTACHMENT 1 SLO County Public Access, Inc. o'�ri1 F. P. O. Box 7155, Los Osos, CA 93412-7155 f+!C;• a fr M'' RECEIVED s Contact Gad K LighSfoot,Secretary �I E-mail:slocoponamail.com r'IAl 5 LJi. l aailkliahtfoot(Mcharter.net SLO CITY CLERK May 25, 2007 PUBLIC.AC6ESS TELEVISION Chairman To: Audrey Hooper Todd Leal San Luis Obispo City Clerk Vice Chairman PURSUANT TO THE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND Michael Passarelli SLO COUNTY PUBLIC ACCESS, INC Secretary SLO County Public Access, Inc. recognizes its Gail K.Lightfoot obligation and hereby submits the following ANNUAL REPORT Prior to May 31, 2007. Treasurer [Section 12] Irene Matta The following information covers the year 2006 Directors: with the exception of the listing of the Board of GarrettKmich Directors who are those serving from March 2007 to Monique Matta March 2008. Austin Pumhin Send all correspondence to: SLO County Public Access, Inc. Orientation:Orientation Pb Box 7155 to SLO Co.PA and Los Osos equipment and facilities CA 93412 use is slocopa(a)gmail.com Scheduled monthly at 805-426-9021 voice mail Charter's SLO office Included are.: Statistics on programming and Meetings: services. provided, Equipment, facilities and Members: editing classes offered, Current [2007] and Monthly to hear from the complete listing of Grantees' Board of 'Directors, Board,exchange ideas Year end financial statements [not] audited by an provide networking independent CPA [actual income and expense reports contacts networking producers, and copies of all receipts for expenses provided meet and greet all new instead] , and an inventory of equipment purchased producers. with funds provided by the City during 2006. Date,Time,Location TBA Copies of SLOCOPA's 2,007 Bylaws, Board: Policies and Procedures and samples of the Monthly to contact official SLO County Public Access, Inc. News [monthly business newsletters sent by email to all members and Date,Time TBA distributed at the Charter building in San Luis Obispo] and the Inquiry Letter and process for Members.with items for submitting a.program for Channel 2. Board's agenda should contact a Board member Sincerely yours, prior to their mtg. TODD-LEAI Chairman By: .�a� LWE Secretary SLO County Public Access, Inc..��� Annual Report 2006 PURSUANT TO THE AGREEMENT BETWEEN THE ATTACHMENT 1 CITY OF SAN LUIS OBISPO AND SLO COUNTY PUBLIC ACCESS, INC SLO County Public Access, Inc. recognizes its obligation and hereby submits the following ANNUAL REPORT Prior to May 31, 2007. [Section 12] This three page report with its attachments covers the year 2006. A. Statistics on programming and service_s provided, Number of Programs Number and types of Programs 72 Programs consisting of 3 Imports with the remaining locally produced. 60 run for 30 minutes and 12 run for 60 minutes. 5.5 hours in the evening and 2 hours in the afternoon are set aside for new programs and/or occasionally produced specials Total of 125.5 Hours of programming each week Scheduled times per week 3 Programs were scheduled once each.week, 29 programs were scheduled twice each week, 39 programs were scheduled three times each week and 1 program was scheduled seven times each week as a public service. Eauipment..facilities and editing classes offered: Volunteers provided.monthly classes in equipment, facilities and editing on a first come, first serve to fifty [50] individuals. All users .are required to demonstrate an understanding of the proper use and care of all equipment or attend one of the classes. There was a $5 fee for each class attended. Individuals may select one or all of the available classes according to their own needs for equipment or facilities. As a result of the volunteer assistance to new producers a total of 23 new programs were added to the schedule. Another 15 programs were cancelled by their producers for various reasons. The overall gain in number of programs was eight [8] . B. Current and complete listing of Grantees' Board of Directors, Send all correspondence to: SLO County Public Access, Inc. PO Box 7155 Los Osos CA 93412 slocopa@gmail.com 805-426-9021 voice mail Officers and Board members: Todd Leal, Chair Michael Passarelli, Vice Chair Irene Matta, Treasurer Gail Lightfoot, Board Member .and__Administrative Secretary Garrett Krnich, Board Member Monique Matta, Board Member Justin Purchin, Board Member CZ 1 May 25, 2007 SLO County Public Access, Inc. (7� Annual Report 2006 ATTACHMENT 1 Year end financial statements audited by an independent certified public accountant, SLOCOPA cannot find a CPA willing to audit our books for less than $1, 000 which would exhaust our bank account [Balance = $1,068.40 on May 1, 20071 Copies of QuickBooks Profit and Loss Detail for 2004, 2005 and 2006 All receipts for expenditure for 2006 Table of Income and Expense totals for three years with averages are attached to this report SLOCOPA feels that to require a CPA Audit of annual expenses of less than $1,000 is an unnecessary and overwhelming burden at this time. An inventory of eauipment purchased with funds provided by the.Cit\r. Charter Communications has been assigned the storage and user control of equipment along with the equipment needed. to operate the channel it self from the Charter building on Bridge street in San Luis Obispo. A Charter staff member has accepted all deliveries of equipment, labeled the equipment as San Luis Obispo City property .and is responsible for its inventory. Due to a malfunction of a computer replaced in the past month [April 2007] the original inventory .done with previously used software is unavailable. A physical inventory is being done using new software. In the meantime, a list of all equipment purchased during 2006 is _attached to this report in spreadsheet form. It does not include serial numbers since that data is known only to Charter staff. SLOCOPA will gladly provide a copy the inventory to the City immediately upon its completion and presentation to SLOCOPA. Attached to this document are copies of the current Bylaws, Policies and Procedures, samples of SLOCOPA Newsletters, Inquiry Response Letter and Guidelines for submitting programs for transmission on Charter Channel 2. Respectively submitted, caul, uo ht,f oot SLO County Public Access, Inc.Secretary 2 May 25, 2007 SLO County Public Access, Inc. Annual Report 2006 ATTACHMENT 1 SLOCOPA ACTUAL INCOME AND EXPENSE WITH THE AVERAGE FOR 2004, 2005, 2006 Jan-Dec Jan-Dec Jan-Dec SLO County Public Access,Inc. 04 05 06 3 yr total Average Ordinary IncomellExpense Income Contributionsoonabons $5500.00 $20.00 $523.25 N/A $1,928.5 Membership Dues $520.001 $460.00 $948.50 0 $642.83 Program tees Camera Class $0.00 $0.00 $90.00 $90.00 N/A Total Program fees $0.00 $0.00 $2,448.8 Total Income $1020.00 $480.00 $948.50 5 $816.29 Expense BooldwepIng Checks $0.00 $15.60 $0.00 $15.60 $15.60 Dues Subscdotions $0.00 $100.00 $0.00 $100.00 $100.00 $3,000.0 Insurance $0.00 $0.00 $521.00 $521.00 0 Ucences/Fees/Permits CA Corp Fee $20.00 $20.00 $20.00 $20.00 $20.00 IRS Fee $500.00 $0.00 $0.00 $500.00 Total LicenceslFeesmemtits $520.00 $20.00 $20.00 $520.00 $20.00 Meetings Total M $1929 $0.00 $0.00 $19.29 Office Copykeproductions $2829 $130.51 $139.82 $298.62 $99.54 FT ieders $8.96 $3.96 $0.00 $12.92 Notices Newsletter Posters $0.00 $0.00 $22.41 $22.41 PaperPapergoods $30.02 $6.85 $36.78 $73.65 $24.55 PO Box $48.00 $96.00 $0.00 $144.00 $48.00 Postagge0efivery $0.00 $23.31 $0.00 $23.31 Printer Ink $0.00 $0.00 $201.99 $201.99 N/A Office-Other $0.00 $7.28 $0.001 $7.28 Total Office 11527 $267.91 $422.44 $805.62 $268.54 Program costs Classes Camera Studio Edit $0.00 $0.00 $325 $3.25 Open House $0.00 $50.00 $0.00 $60.00 Total Program costs $0.00 $50.00 $3.25 $63.25 Publi 8c Relations Domain Name $0.00 $70.39 $0.00 $70.39 P . /Public Relations-Other $D.00 $50.00 $0.00 $50.00 Total PubficbfiNac Relations $0.00 $120.39 $0.00 $120.39 Un re $0.00 $0.00 $0.00 $26.35 Total Expense $6"56 $588.69 $966.81 $1898.0 $632.00 Annual and average Balance $565.44 $276.75 $91.81 $737.00 $244.67 2004 20051 2006 3 yr total 3 yr Ave 3 May 25, 2007 10:37 AM SLOCoPA ATTACHMENT 1 05yz4/o7 Profit & Loss Detail Accrual Basis January through December 2004 Type Date Num Name Nemo Spit Amount Balance Ordinary Incomeffijipam bhe1 F Crnrhlbutlmglponations Deposit 1/82004 Anonymous Dona 1 Opening Balance Mfid Stab so-.. 500.00 500.00 Total COnbibWknallonatons 500.00 500.00 Membership Dues Deposit 3/12004 Allen.Rand D AOien,Rand D Mro State am.. 20.00 20.00 Deposit 3112004 Sullivan,Joan Pkube the Past Ltd ate acc... 10.00 30.00 Deposit 3fir2m 3112004 Kasen,Peggy Animal Emancipation h5d State aec.. 10.00 40.00 Deposit 311012004 Kmich.Garrett Kmich,Garrett Md State ax... 10.00 50.00 Deposit Rsbenarot,Bill High Profile Add State acc... 10.00 60.00 Deposit 31102004 Twedt,Paul Jr Volunteer Instructor Md State ace... 10.00 70.00 Deposit 3311 2M �hoty,Peggy L Peggy Penny Show Mid State ace... 10.00 80.00 _ BrasheaB.Jack Brashears,Jack AW State 1101.. 10.00 90.00 Deposit 3M62004 �•Hurless,Robert G Hwless,Robert G Deposit Mid State am.. 10.00 10000 Earle Muria,Earle Mid State e0c... 10.00 11000 Depmd 3294 �Kick l D. Johnston,tJ D Rick Show Ltd Site a=.. 10.00 120.00 Ltd State acc... 10.00 130.00 Deposit 123r2w zam Betty Deposit 32314004 CR Y sp ci l$ Mid State acc... 10.00 140.00 Sosiive Mild State ao1.. 10.00 160.00 Deposit 3232004 Evans,Leona Positive Living WAro Site arc... 10.00 180.00 9r23 Yamaguchi.Corey BSTV Mid Stab aoc... 10.00 170.00 Steele Annie Volunteer,Doamheniries Mro State am.. 10.00 160.00 Dem 3232004 Field-Haley,Belly Painting in Nature,Flne Arts Access A d State act.. 10.00 190.00 3/23 MW1fer,Bruce Baro Spot Theater Mid Stab a=.. 10.00 200.W DepositCakmah CirMthea Todster Show.BOFFO Mid State acc.. 10.00 210.00 MMM D 3232004 Wilde.James Jr Life Worth LK" Mid State acc... 10.00 220.00 Deposit 30342=3232004 Gong.ED= Dave Gong About Nfid State acc... 10.00 230.00 Gang,Elliott Gong Abad Md State ax... 10.00 240.00 Deposit ukehaitReb ... Realty Estates Md Slate ace... 10.00 250.00 Deposit 31232004 liGail Why Liberty Matters Ltd Stab act... 10.00 260.00 Deposit 3232004 Bayus,Gay Really Estates Mid Siete acc... 10.00 270.00 Deposit W2312004 Deposit 32312004 Tarwater,Fred Editor,Camera operator W id State am- 10.00 280.00 Deposit 3232004 Wiley.naJean Picture the Past Mid State acc.. 10.00 290.00 Willey,Brent What Shat I Believe Mid State ecc... 10.00 300.00 Deposit Kett John Work of Art,P � Mro Stab am., 10.00 310.00 Kinderbhedht,LaVa... Queen Evergreen Mid Stab apt.. 10.00 320.00 Deposit 3232004 Bearce,Leslie Obispo Outlook,Cable Ctaemose Mid Site ace... 10.00 330.00 Deposit 3232904 Fankhahser,Lienal Tdd Lounge WAd State acc.. 10.00 340.00 Deposit 41192004 Pryor,John KAshnamat Thought Mid State acc... 10.00 360.00 Deposit 44/194 42101 Washington,Prez... PGW Show,Live On LoO&M WkM Wad... Mrd State am.. 10.00 360.00 Depositn .1en92ooaWildeMark uWeWartlh B Mid State act_ 10.06 370.00 Wagner,Phil Ganaju MidState soc... 10.00 380.00 Deposit D 4R92004 Laurmamrel,LyPryor,MACK Wilde psJ,Wagner.Law*m R... Mid Stab am.. 1000 390.00 Rethudc Sore Really Estates bid Stab soa.- 10.00 400.00 2004 C 5/32004 Moms,Eek What Shall I Believe Nlid State ace... 10.00 410.00 5J3/2004 Vena le,Richard Why Liberty Malicia Mid State ax... 10.00 420.00 Deposit Leal,Todd Todster SHow Ltd State ax... 10.00 430.00 Deposit 501112004 Deposit5/8/2004 Allen,Sandra Work of Art Md State ace... 10.00 440.00 DDeposit 5AM2004 eposit 5032004 Castellanos,Midteel Peggy P'�Show Mod Stade am.. 10.00 450.00 Beaoe,Ron SLO Issues,Pmyeco Urddo Mrd State ax... 10.00 460.00 Deposit 51 04 � Teresa USLO nited ��N LSd State ax.. 10.00 470.00 Y Mid Side aoe... 10.00 460.00 Deposit 66=04 Wrier,CmnwlL Todd Tod Coil Han Show Mid Side aoc... 10.00 490.00 Deposit 5/2004 Jamm Maher,Tammy E All bh His hands Mid Site acc:.. 10.00 500.00 Deposit 10/122004 ?Ad Edi SroLO DelrhOClgCyely ?Aid Stab acc... 10.00 510.00 program merinterested Petty Cash 1 10.00 520.00 TrrilMerrhbaafdpDues 520.00 520.00 Total bhoonhe 1,020.00 1,020.00 Page 1 10:37 Ann - SLOCoPA 0524/07 Profit&,Loss Detail ATTACHMENT 1 Accrual Basis January through December 2004 Type tate Num Name Memo Split Amours Balance Expense Licencesftes/Pennits CA Corp Fee Check 5!1/2064 1001 CA Semmtary of SL.. CA State Corp Fees MW State acc.. 20.00 20.00 Total CA Corp Fee 20.00 20.00 IRS Fee Check 3/112004 2 US Treasury IRS Fees Mid State acc... 500.00 500.00 Total IRS Fee 500.06 500.00 Total ils; 526.06 520.00 meetings 'Rellk shments - Check 12 2004 Smarl/Finai re0eshments for mtg Petty Cash 1 1929 19.29 Total Refteshnents 19.28 1929 Total Meetings 1929 19:20 Office Check 7/192004 018ceMak copiesotdocummis PftCash 1 7.86 7.88 Check 8791/2004 Office Mask copies of dommmrds Petly,Cash 1 0.43 em Check 11222004 011ioe Max copies of do mmft Petty Cash 1 2.88 10.92 Check 11222004 officetdieex copies ofdow" is PettyCash 1 17.37 28.28 Total Cowrepoducbons 28.29 28.29 Filing Flinders] Check 11112!2004 T/S[Goedwiil,G#W.. 4 Binders Petty Cash 1 8.98 8.88 Total Filing Peirxfersl 8.98. 8.98- Paper goods Check 6=2064 Staples,Ofece Maz:.. Accounts tog Book Petty Cash 1 30.02 30.02 Tata)Paper goods 30.02 30.02 PO BOX Check 2/32063 USPS Annual be for PO Box Aw Site aoa.. 48.00 48.00 Total PO Bar 48.00 48.00 Total 015oe 11527 115.27 Total Expertse 854.58 854.58 Net Ordnary Incase 385.44 365.44 Net hroome 36SA4 38SA4 Page 2 10:51 Ane SLOCoPA 0524107 Profit & Loss Detail ATTACHMENT I Accrual Basis January through December 2005 TYPO Date Num Name Memo Split Amount Balance Ordinary In omellExpense Income ContrlbulionsfDonadons Deposit 1/182005 MCOrWa's Word Deposit-Contribution Atm film sales Mid State aa... 20.00 20.00 Total 20.00 20.00 Mw beish Duos Deposit 11312005 Zane,Betty•tuaty speded ,Jax2 Petty Cash 1 10.00 10.00 Deposit 1/31/2005 Talwater,Fred editor,Willow Petty Cash 1 10.00 20.00 Deposit 1131r2m Baumgarten,Dave Potlines Petty Cash 1 10.00 30.00 Deposit 181/2005 Wilde.James.Sr Life Worth t.ivcn8 Petty Cash 1 10.00 1 40.00 Deposit 181/2005 Wade,James Jr Lffe Worth Uvbv Petty Cash 1 10.00 50.00 Deposit 181r2m Wade,James,Sr Life Wath Living Petty Cash 1 10.00 50.00 Deposit 222005 Su®van.Joan 'Picture are Pasr AM Slate am.. 10.00 70.00 Deposit z7f2m 92f05 Laumus,Lymnel Deposit Md State am.. 10.00 80.00 Deposit Waley,Brent 'What Shag I BefeW Md State am.. 10.00 90.00 Deposit 2/2x2005 NO%Fade Deposit Md State aor... 10.00 100.00 Deposit 222005 Beanie,L.eslielRan 6 O'daock News',Cable Classicskid Slate acs... 20.00 120.00 Deposit Deposit � Kent.John Director. semWm Petry Cash 1 10.00 130.00 AOan,Sandra Work dArt Host Petty Cash 1 10.00 140.00 Deposit 3/152005 Home,Sara SLO Democracy Petty Cash 1 10.00 150.00 Deposit 321x1005 Yamaguchi,Corey SST V Petty Cash 1 10.00 160.00 Lightfoot.Gan Why Ube+ry Matters Petry Cash 1 10.00 170.00 Deposit 3/212005 Vat",Richard Why libertyMatters Petty Cash 1 10.00 180.00 Deposit 3212005 Moss,Ed no PrOgram.mercy Intimated Petty Cash 1 10.00 190.00 Deposit 32lrmas Stevenson,Tom Relaid nsh;p Wisdom Petty Cash 1 10.00 200.00 Deposit 3212005 Hyde,Lama V. Relationship Wisdom Petty Cash 1 t0.DO 210.00 Deposit 321/2005 Polson.Paul no program,mer*interested Deposit 3242005 Masa•Judith Irenhe 0CM Petty Cash 1 10.00 230.00 Deposit Deposit 3301 kid stele aoc.. 10.00 x10.00 �Monique cufhne CkxD Md scats ax.. 10.00 z40.OD Deposit 8/8/2005 Leal,Todd L Todster Show' Md State ax.. 10.00 250.00 Md State ea... 10.00 280.00 Deposit 616!2005 Brown,Brad Now What,Hockey.SIT Petty Cash 1 10.00 270.00 VYMay.Brad 'What Shag Bedeve7 Md State aa... 10.00 280.00 Deposit 6612005 Wagner.PhD 'Gang' Md State acs.. 10.00 290.00 Deposit eM52oo5 Lynch,Anftry 'AD In Irks Hams Mid Slate acc.. 10.00 300.00 Deposit 61152005 Brawn,Brad extend to 20M Md State age... 10.00 310.00 Deposit 7MB✓2005 Brown,Brad extend to 2007 Petty Cash 1 10.00 320.00 Deposit aMo200s Brown,Brad extend to 2008 Mid state a=.. 20.00 340.00 Deposit 11/1812005 Broom,Brad OXIOnd to 2009 Deposit 11/182005 Ltd d State ash l 10.00 350.00 Deposit 11M811(105 'Prez_. PGW Presents,live on Lorxfiorh,Wildlife Wo.. Ltd arx... 10.00 360.00 Jana k Trudy SLO Democracy Md State am.. 10.00 370.00 Deposft 12/72005 Yamaguft Corey BSIV Md State,am.. 10.00 380.00 Kotean,Peggy Aardml Ltd Siete am.. 10.00 390.00 Deposit 12/12005 Deposit 12/1/1005 Gong,MM •Gong Abort Mid State sea._ 10.00 400.00 Deposit 12/12005 Pa�4 Jusiin Specels, DocumentariesLid State ace... 10.00 410.00 SuRKWL Joan ?Kure the Pasr Md State ace... 10.00 420.00 Deposit 12!812005 Deposit 12/8FAM Gail 2005 Why�M Petty Cash 1 10.00 430.00 Petty Deposit 1282003 Pollan.Pau 2008,no Pr%vaon. BPetty ested Cash 1 10.00 440.00 Deposit 12/8x1005 Venable,Richard Why liberty Matters Cash 1 10.00 450.00 Petry Cash 1 10.00 460.00 Total AAe1AOers"p Dues 460.00 460.00 TOW income 480.00 480.00 Page 1 10:51 AM SLOWA 05/24/07 Profit & Loss Detail ATTACHMENT 1 Accrual Basis January through December 2005 Type Data Num Name Memo Split Amount Balance Bookkeeping Checks, Check 7/122005 6 Mid State Bank Mo State acc... 15.60 15.60 Total Checks 15.60 15.60 Total Bookkeeping 15.60 15.60 Dues,Subscriptions Check 10/1542005 1003 Alliance for Commu... 111mberahip organimft fo oommunify tefev... Mid State acr.. 100.00 100.00 Total Dues.SubsaIptions 109.09 100.00 Office CpPIftreProdudlons Check 3212005 Office Max copies of daamkenl9 Check 9212005 Of6oe M Petty Cash 1 15.87 15.87 for members Petty Cash 1 13.51 29.38 Check 5/112005 OIOce Max Policies and Procedures,for members Pally Cash 1 68.64 98.02 Check 8/152005 ofte Mau �of dociurents of documents Petty Cash 1 8.78 104.78 Check 9/72006 Off ce Max Petty Cash 1 1.13 105.91 Check 10/142005 Oltice Max AppOcatian for grant-SLO County Ckmmur&.. Petty Cash 1 2M 108.13 ChcCheck 1 V112005 O�Max 5�i of�poposal Petty Cash 1 2.33 110.46 copies of mtg notice Nov 21,2005 Petty Cash 1 5.36 115.82 Check 11/162005 Office Max 10 copies of Polices and Procedures for d*.. Petty Cash 1 14.09 130.51 Totals 130.51 130.51 Fill"(Binders] Check 8/62005 T/S jGoodwW.othe... Binders Petty Cash 1 3.96 3.96 Total Fi"(Bunters] 3.96 3.96 Pawfloods Check 10/182005 Staples,Office Max.. pastil paper for pihdb ins Petty Cash 1 6.85 6.85 Total Paper goods 6.85 6.85 PO Box Check 1212005 USPS check on personal account-never dewed b... Petty Cash 1 0.00 0.00 Check 402005 4 USPS annual PO Bou fee Mid State acs,.. 48.00 48.00 Check 8/302005 7 USPS annual PO Box fee Mid State aec... 48.00 86.00 Total PO Bok 96.00 96.00 POSUOWDefkwy Check 5/1 12005 USPS notice to members wfooples of doc menis ca.. Petty Cash 1 12.21 1221 Check 111112005 USPS mail 30 notices of ntg to members petty Cash 1 11.10 23.31 Trial PostallwDeilvery 23.31 23.31 Oleea-Other Check 11/172005 Staples tape for Bulletin Board Petty Cash 1 7.28 7.28 TowOfice-Otter 728 7.28 Toil Office 287.91 28721 prowan Open Nouse Check 5/172005 5 Events Ltd State ace... 60.00 60.00 Total Open Rase 60.00 60.00 Tow plo9nin 00818 60.00 60.00 PWMc tyftW Relations Domain Name Check 5/172005 5 Events Web Ste Mid State akx... 70.39 70. 9 Toil Domain Nam 70.39 70.39 CZ /z Page 2 v 10:51 AM — SLoCOPa ATTACHMENT95rM7 Profit &Loss Detail Arcual Basis January through.December 2005 Type Date Num Manor Alemo Spot Amount Balance PubOtltylPubGt Relations-Other Check 10/122005 1002 Camillid,Mango-P... Press Releases prepared,sert and provided... Mid State ax:.. 50.00 50.00 Total PubUdWPubfic Relations-Other 50.00 50.00 Total Pubtkity/Public Relafions 120.39 120.39 Total Fie 563.90 563.90 Net Or'dirgery b come -83:90 83.90 Net hmonre 83.90 41:1490 cz -i3 Page 3 4:25 PM SLOCoPA - 05122/07 Profit & Loss Detail ATTACHMENT f Accrual Basis January through December 2006 Type Date Num Name Memo Split Amount Balance Ordinary Income/Expense Income Membership Dues Deposit 5/4/2006 Coleman,Cinthea BOFFO Mid State acc... 10.00 10.00 Deposit 5/4/2006 Membership dues Mid State acc... 500.00 510.00 Deposit 5/4/2006 Leal,Todd Todster Show Mid State acc... 10.00 520.00 Deposit 6/9/2006 Walmsley,Madeen Healers that Share Mid State acc... 1000 53000 Deposit 6/14/2006 Melboure,Daniel/J.. Membership Dues Mid State acc_. 10.00 54000 Deposit 6/14/2006 Pistachio,Paso Pistachio,Paso Mid State acc... 10.00 550.00 Deposit 6/14/2006 Calvary Chapel,AG AG'Calvery Chapel' Mid State acc... 10.00 560.00 Deposit 7/12/2006 Membership dues Mid State acc... 20.00 580.00 Deposit 7/30/2006 Williams,Temicka The Place Petty Cash 1 10.00 590.00 Deposit 8/12006 Lightfoot,Gail 2007 'Why Liberty Matters' Mid State acc... 10.00 600.00 Deposit 8112006 Venable,Richard 2007 Why Liberty Matters' Mid State acc... 10.00 610.00 Deposit 8112006 Polson,Paul 2007,no program,merety interested Mid State acc... 10.00 620.00 Deposit 8112006 Moss,Ed 2007,no program,merely interesed Mid State acc... 10.00 630.00 Deposit 8/12006 Lightfoot,Gail 2008 'Why Liberty Matters' Mid State acc... 8.50 638.50 Deposit 8/2/2006 Field-Haley,Betty Panting In Nature Petry Cash 1 10.00 648.50 Deposit 8/22006 Sunheart,Cinthea 'Central Coast Show,The' Petry Cash 1 10.00 658.50 Deposit 8/4/2006 Engle,Janice 'Creating Designs' Mid State acc... 10.00 668.50 Deposit 8/4/2006 Banner,Bob Hopedance Mid State acc... 10.00 678.50 Deposit 8/11/2006 Kmich,Garrett no program until 2007 Petty Cash 1 10.00 688.50 Deposit 8/11/2006 Ezovski,Christie Wonderful,Wonderful Books Petty Cash 1 10.00 698.50 Deposit 812112006 Milo,Michael Fine European Cinema Petty Cash 1 10.00 708.50 Deposit 9/13/2006 Guthrie,Roger Gangaji and Fnends Mid State ace... 10.00 718.50 Deposit 9/1312006 Tuttle,Dianne Let's talk travel Mid State acc... 10.00 728.50 Deposit 9/13/2006 Twedt,Paul Jr Twedt Membership Dues Mid State acc... 10.00 738.50 Deposit 9113/2006 Pryor,John Kristimurti thought Mid State acc... 10.00 748.50 Deposit 9/132006 Bachman,Randy Rescue Me-Animal Shelter Adoption Panne... Mid State acc... 10.00 758.50 Deposit 10/102006 Germany,Patrick DB Pd for?Issues in Our Community rash... Petry Cash 1 10.00 768.50 Deposit 10/102006 Townsend Bruce The Truth Mid State acc... 100.00 868.50 Deposit 10/102006 Matta,Judith Irene OCM-Orthodox Christian Ministries Mid State acc... 10.00 878.50 Deposit 10/10/2006 Garcia,Toni DB Pd for?What's Happening? cash,D... Petty Cash 1 10.00 888.50 Deposit 11/12006 Lemus,Jose Community Arts and Music Mid State acc... 10.00 898.50 Deposit 12/6/2006 Martel,Rick Rick Martel Show,Food for thought Mid State acc... 10.00 90B.50 Deposit 12/6/2006 Kmich,Garrett extend to 2007 Director,Editor for Rick Martel Mid State acc... 10.00 918.50 Deposit 12/62006 Martel,Rick extend to 2007 Mid State acc... 10.00 928.50 Deposit 12/19/2006 Martel,Rick extend to 2007 Mid State acc... 10.00 938.50 Deposit 12/192006 Davantis,Ted Finally,its Friday Mid State acc... 10.00 948.50 Total Membership Dues 948.50 948.50 Program fees Camera Class Deposit 8/12/2006 Aya,Try,Alisa,Ky of 'WAKE UP' Petry Cash 1 20.00 20.00 Deposit 9/12006 Tarwater,Fred Tarwater,Fred Petty Cash 1 5.00 25.00 Deposit 9/12006 Launa,Tom Lauria,Tom Petry Cash 1 5.00 30.00 Deposit 9/12006 Lauha,Josh tatma,Josh Petty Cash 1 5.00 35.00 Deposit 9/12006 Conrad,Steve Conrad,Steve Petty Cash 1 5.00 40.00 Deposit 9/1/2006 Goetz,Shirley Goetz,Shirley Petry Cash 1 5.00 45.00 Deposit 9/12006 Lynch,Anthony Lynch,Anthony Petry Cash 1 5.00 50.00 Deposit 9/12006 Clarius,Don Clarius,Don Petty Cash 1 5.00 55.00 Deposit 9/12006 O'Donnell,Jonathan O'Donnell,Jonathan Petry Cash 1 5.00 60.00 Deposit 9113/2006 Twedt,Paul Jr Twedt[Gass]08-26-06 GL-2 Mid State ax... 5.00 65.00 Deposit 10/102006 Goetz,Shirley Goetz,Shidey Mid State acc... 5.00 70.00 Deposit 10/102006 Dave Baumgarten for? Petty Cash 1 5.00 75.00 Deposit 1021/2006 Camera Class Petty Cash 1 15.00 90.00 Total Camera Class 90.00 90.00 Total Program fees 90.00 90.00 Total Income 1.038.50 1,038.50 Expense Insurance Check 9/29/2006 1005 Driver-Alliant Board insurance partial premium for 2006-2007 Mid State acc... 521.00 521.00 Total Insurance 521.00 521.00 Page 1 11:36 PEA SLOCoPA - 0522107 Profit & Loss Detail ATTACHMENT 1 Accrual Basis January through December 2006 Type Data Wan Name memo split Amomrt Balance Office ;QGce ip CopyheprodutXtorhs Q a4lQI� Check 1/11/2006 Office Max Carrera Class Petty Cash 1 I - 3.60 3.60 Check 6/1912006 Cou*Of San Luis... Supervisors actions related to PEF and Franc... Patty Cash 1 2- -2-50 6.10 Check 711r2M office Max copies Of legal does by old for Sec,Tress, Check 724/2006 Office Max Roberrs Rules of Order Summer®dPatty�1 t -2 8.10 .85 Check 62!1008 Office Max copies of agenda,addendurns to agenda for... Petty Cash 1 y -121 10.16 Petty Cash 1 9 -11.33 21.49 Check 822006 1004 Director,emmOve 50 producer packets e5d State ace... (, ^73.78 95.27 Check 8/2/1006 1004 Director.Executive overpayment? Mid State acct... 0.12 95.39 Check af172M Cantly Of San Luis... Supervisors actions related to PEG and Fran... Petty Cash 1 VcC 300 98.39 Check WMM County Of Check 1 t/132006 Office Sen Luis... Supervisors actions related to PEG and Fran... Petry Cash 1 1.70 100.09 Check 12/312008 copies of proposed Bylaws and PIP for Board... Petty Cash 1 S, 10.56 110.65 Staples Copies of Bylaws,Policies and Procedures Poly Cash 1 9 - 29.17 139.62 TOW C0WMpr0dUCIk)M 139.82 139.82 I loAkes Newsletter,Posters Check 822006 1004 Director,Executive white board kalander for mfg notices Wd State acc... l4 - 6.41 6.41 Check 8/9/2008 Office Max rerroveablee wall festerkeks.atic kips Petty Cash 1 11 -7.70 14.11 Check 12/1821X18 Office Max Dotwrnent sleeves to display newsletters Petty Cash t4.76 18.87 Check 12/182006 Office Marc Paster strips Ino waft del Petty Cash 1 L,3.54 2241 Total Notices Newsleftr,Posters 22.41 2241 Papergoods Check 518/2008Staples 2 rheans paper 6.5X11 Polly Cash 1 Check 7M� STePle$ case envelopes ; 7.49 7.49 Check 71102006 PettyPellyCashley - 5.14 1283 5 2 r�rns Paper 1 P'atY Cash 1 Is--8.56 21.19 Check 822006 1004 Director,Executive 2 Tents paper,clasp envelopes 3/1/06 Mid State acct... IL -11.66 3285 Check 12/182006 Office Max seasonal stationary for newsletter RmM price... P etly Cash 1 /2.i 3.93 36.78 Total Paper goods 36.78 36.78 Printer Ink Check 2132008 SUPMS black b*cartridge Petly Cash black idol Pettyas Ch 1 117-38.59 3&59 Check 7112006 31.90 70.49 Check 822006 1004 Director.Fxeartive black lr*cartridges Mid State am.. l s 38.59 109.08 122 Check 8006 1004 Director.Executive black ink cartridge Add State ace... 314 31.80 140.88 Check 10142006 Office Max ink cartridge Petty Cash 1 Check 12272006 Office Max black ink cartridge .1..Q 0.74 181.82 Petgr Cash 1 p4 -20.37 201.99 Total Printer ink - 201.99 201.99 office-Other Check 71102008 Best Buy Travel Drive 1158 Petty Cash 1 lS', 21.44 21.44 Total Office-Other 21.44 21.44 Tow 0flim 422.44 422.44 Program Coale Gasses tamers,Sbuo,Edlq Check 6242008 Staples pens for white board by Annie Steele Polly Cash 1 ,27, 3.25 3.25 Toter Classes Pwnera,Skao ECM 3.25 3.25 Total Program costa 325 3.25 Total Expense 946.69 946.69 Net OXY Incom 91.81 91.81 Net dkeonke 81.81 91.81 Page 2 -SLOATTACHMENT z is SL® County Public Access, Inc. P. O. Box 7155, Los Osos, CA 93412-7155 RECEIVED Owl - conba Gail K Lightfoot.secretary r E-mail:slocooaftmail.com gailklightfoot0charter.net May 24, 2007 PU0LIC access TEL €VISION SLO CITY CLERK Chairman SLO City Council Todd Leal San Luis Obispo, California Vice Chairman Re: Waiver of Audit Requirement Michael Passarelli Dear Council Members: Secretary This letter pertains to the agreement between SLO Gail K.Lightfoot County Public Access and the City of San Luis Obispo. Under the provisions of this agreement, Treasurer there is a requirement for a Certified Public Irene Matta Audit of our organization. Directors: We hereby request the waiver of this audit Garrett Krnich requirement. We believe that an end of year Monique Matta Financial Statement would suffice for our small Austin Purchin organization. We handle no PEG funds directly, but only have use of the equipment bought for us from Orientation:Orientation these funds. As confirmed by several CPA firms to SLO Co.PA and contacted, the cost of a certified audit would equipment and facilities exceed our entire year' s budget. Our average bank useis balance is approximately Eight 'Hundred Dollars Scheduled monthly at ($800.00) collected from membership dues; these Charter's SLO office funds are primarily used for newsletters and mailings to keep our members informed of our Meetings: activities. Our accounting is limited to a few Members: expenditures and small monthly deposits , which Monthly to hear from the are all recorded in bank statements. Board,exchange ideas, provide networking SLO County Public Access asks for your leniency on contacts for producers, this matter. Our organization is willing to submit meet and greet all new our records for inspection by you or a designated producers. agent. However, upon review of our financial Date,Time,Location TBA situation, we find the cost of a certified audit Board: to be prohibitive. Monthly to contact official We ask that the Public Audit requirement be waived business on our behalf and that nothing further be Daie,Time TBA required. Members with items for Thank you for Board's agenda should Y your kind consideration and we look contact a Board member forward to having a response from City Council in prior to their mtg. the near future. Sincerely Yours, Mks. Judith Matta SLO Public Access Treasure (As of march 2, 2007) By: ftQlat_.%ghtfoot, Secretary r I REVt_e,V�`dJ ATTACHMENT 3 NI"f 027.007 SLO co - — fa SLO OiTY CLERK - SLO County Public Access, Inc. Jo P. O. Box 7155, Los Osos, CA 93412-7155 �.9 ° « Contact Gail K.Lightfoot,Secretary EBEmail:gailklightfoot@charter.net PUBLIC ACCESS TELEVIS10N May 2, 2007 Chairman Todd Leal To: Audrey Hooper Vice.Chairman San Luis Obispo City Clerk Michael Passarelli Secretary The Board of Directors of SLO County Public Access, Gail K. Lightfoot Inc. has approved the purchase of the attached list of audio equipment from The Music Factory to upqrade the , Treasurer video recording studio in the Charter Communication Irene Matra building at 270 Bridge St. in San Luis Obispo and Directors: additional audio equipment for field kits housed at the Garrett Kmich same location. Monique Matta All of this equipment will be installed by Rand Justin Purchin Associates in the person of Rand D Allen, consultant Orientation: and technical advisor to SLO County Public Access . Orientation to SLO The additional field equipment comes to a total Co. P.A.and expenditure of $3,775.50. The Studio upgrade comes to a equipment and total of $12j142.00. The grand total is $15, 917.50. facilities use is Scheduled monthly at Charter's SLO office This purchase is for audio equipment which will significantly improve the quality of the programming on Meetings: channel 2. Other purchases are planned to bring the Members: video component up to current standards and to provide Monthly to hear from improved lighting and editing components as well as a the Board,exchange more adaptable background for a variety of programs. ideas,provide networking contacts Sincerely yours, for producers,meet and greet all new producers. TO LEAL Date,Time, Location Chairman TBA Board: By: CiCl L.ok*ot, Secretary Monthly to contact official business Date,Time TBA Members with items for Board's agenda — -_- --- should contact a Board member prior to their mtg. ATTACHMENT 3 AUDIO UPGRADES FOR STUDIO/CONTROL ROOM 2 Alesis Multimix 6 FX mixer $99.00 $198.00 1 Alesis MidiVerb Reveb Unit $199.00 $199.00 2 DBX 166XL Compressor w/Peak Stop $229.00 $458.00 2 DBX 1231 Dual Equalizer $329.00 $658.00 1 Rolls MO2020 Tone.GBNOscillator $78.00 $78.00 1 Marand PMD351 CD/MP3fr Deck $479.00 $479.00 4 AKG 240S headphones $119.00 $476.00 4 1/4"x 10 foot male insert cables for 166 comp $4.50 $18.00 4 1/4"to 1/4"x 10 foot patch cable $4.00 $16.00 4 1/4"to 1/4"x 6 foot P.atch cable $3.50 $14.00 2 findiv.or Stereopair)' 1/4"to RCA x 10'patch $3.50 $7.00 12 Shure WL93 Lavalier Mi hones $89.00 $1,068.00 12 Shure WL93 Clips&Windscreen Attachments $14.00 $168.00 3 Shure SM58-LC Microphone-includes windecTemns $94.00 $282.00 1 Rode NT4 stereo Mic=hone $329.00 $329.00 1.Rode NT4-XLR/STR 15 ft $29.00 $29.00 1 Rode NT5 Mic Pair $259.00 $259.00 10 25'XLR Mic Cable -$32.00 $320.00 3 Atlas MS12CE Mic stand $33.00 $99.00 2 Atlas DMS10E $31.00 $62.00 5 Mic Stand boom ams for above stands ? $20.00 $100.00 1 50'6x2 Snake'How' $99.00 $99.00 2 JBL Control 28 Speakers $199:50 $399.00 2 JBL MTC-28/25 Ceiling Blade $38.00 $76:00 2 JBL Control 25 Studio Monitors $114.00 $228.00 2 JBL MTC-25 Wall Blick induded in above item cancelled rot nestled 200'#3400 Rubber Jacket 14/2 Speaker wire $0.49 $98.00 4 Banana plugs fbr speaker cables $4.00 $16.00 2 Crown XLS 402D Amplifier $299.00 . $598.00 3 8 SP Rack-.Middle Atlantic#STR8 $72.00 $216.00 1 12 SP Rai*#STR12 $85.00 $85.00 3 PowerStri' =PD8*V ETA $72.00 $148.00 3 Rapco RMPC6 Power Strip $49.00 $147.00 3 Mid AT3-space bddng drawer $65.00 $195.00 3 Mid AT MA-F13 Foam Insert for Drawer $32.00 $32.00 MISCELLANEOUS 1 Sound Projections SM3 2-dm1. rtable PA $3,200.00 $3,200.06 2.Ro111'Artist T_ no when dell ivered with order 4 Roll 2'Gaffer T -blk 50 Rack Screws 20 Velcro cable wraps ADDED ITEMS 1 STR Pair 1/4"to RCA x V 14 rack Space front covers for EQs $55.00 •$55.00 13 rack space covers for oom ressors $50.00 $50.00 1 Madde Onyx 1620 $739.00 $739.00 1 more dbx 166XL Compressor.. $229.00 $229.00 4 XLR bal cable 10'-Studio grade riuetnk conn etc... $18.50 $75.00 2 XLR bal cable F-Studio qWdenu'etiik conn etc... $15.00 $30.00 2 Rack shelf to stbbort 20lbs 0317 2x video decks $55.00 $110.00 Total Studio and miscellaneous $12,14200 Grand Total $15,917.50 REMOVED ITEMS 1 BBE Maxoom Maximizer/Compressor 1 Alesis Muttimix 6 FX mixer$99.00. 0.00^^---- � I \ ATTACHMENT 3 The.Musie Faetoty Jack Lutz 805-5448944 X115 835 Ricardo Court owner 805-5448946 fax San Luis OblW,93401 805.471-7940 cell May 1.2007 UAN ITEM PRICE TOTAL AUDIO EQUIPMENT FOR FIELD PRODUCTION 20.Hosa HDS388 Head hones M$248.00 $320.00 2 Rode Boom e/di (verify rice indudes d' $170.00 1 Name.Brand 25mm Shock Mount boom ro sine $7.50 5 RodeNTG2 Shotgun Micro hone w/deadcat. $1,240.00 2 Rode Deadcat for NT-2 for efdtin shuns $58.00 7 1 foot XLR Cable w/RT an Ie Ferimale Shot un-DVX100'S $84.00 2 40 foot XLR Cable. Boom le Sh - $80.00 2 15'XLR Cable $10.00 $20.00 2 Rolls HeadOorwe Ani $69.00 $138.00 9Rode'Videomic'wn— $148.00 $1184.00 2.1/8'We to Female STR shielded 6 ten6on cable _ $6.00 $12.00 2 Audio Tedinica Pro 88 Wireless Lapel $189.00 . - $378.00 2.WhirWnd Tripod Boom Stand - $42.00 $84.00 2 Mic Clio for bipod stand_s-bmudad m above item canceHed,indaded in omen Ilam Total Feld Equip $3,77S.50 " Y cz i9 i Effective Jan 2007 BYLAWS ATTACHMENT 4 SLO COUNTY PUBLIC ACCESS, INC. A California Public Benefit Corporation ARTICLE I — NAME AND OBJECTIVES Section 1. NAME The name of this corporation shall be SLO County Public Access, Inc. Section 2. OBJECTIVES AND PURPOSES The primary objectives and purposes of this corporation shall be to: a. Promote, encourage and support the use of public access television in San Luis Obispo County; b. Educate the public on the merits of communication through public access television. Section 3. PRINCIPAL OFFICE The principal office of. the corporation for the transaction of its business is located in San Luis Obispo County, California. Article II --- MEMBERSHIP AND DUES Section 1 MEMBERSHIP Any individual with a skill or an interest in supporting public access television may join SLOCoPA. (Rev. 10105105) a. Membership shall be .continuous so long as the member isa current dues payer and fulfills the requirements for maintaining his/her status as an active participant in 'SLOCOPA e_ Pub - r,._. ss. Active participation is defined as: El] Gentinaingt^ r-edaee-__ be aetive in the preduetien c ^ .... . a..,_d she..—, and4e.F (i] Attending and being involved in membership and/or committee meetings. " b. The Board of Directors has the right to revoke or refuse membership to any person whose actions or words have injured the reputation, integrity or purpose of the Corporation. (Rev 12/15/06) c. Any member whose membership is so revoked, refused or. who formally resigns membership in SLO County Public Access, Inc., must appeal to the Board of Directors to be re-instated. The Board's approval is necessary before the individual can be considered a member in good standing. Section 2 DUES Annual dues shall be not less than $50, or equivalent time in volunteer hours (per agreement by the Board) , payable before the January meeting. Dues can be changed at the annual meeting on a vote of 25 members or one-third of the membership. (Rev. 10105105 and 01122107) Section 3 GOVERNING DOCUMENTS Members will be governed by these Bylaws and the terms and conditions of the Policies and Procedures of SLO County Public Access, Inc. (Rev 12/15/06) a. The Policies and Procedures, sets the terms of usage and the operation of the public access channel (Rev 12/15/06) b. A copy of the Bylaws and the Policies and Procedures will be provided to individuals when they become members of the organization. (Rev 12)15/06) c. Members are expected to familiarize themselves with both documents so that their participation in SLO County Public Access will be a smooth and pleasant experience. (Rev 12/15/06) d. The Policies and Procedures of SLOCOPA will be maintained by the' Secretary and/or by the Chair of a Policies and Procedures Committee, appointed by'the Board of Directors. The committee appointed will determine the need for changes and he most effective way to put those changes into effect, write the appropriate changes,, and bring them to the Board of Directors_ for approval. The committee may use the resources of the board, directors, members and Charter Communication staff, among other sources, in its deliberations. SLO County Public Access, Inc. 1 Bylaws . \ 7 Effective Jan 2007 ATTACHMENT 4 ARTICLE III — DIRECTORS Section 1 NUMBER The Corporation shall have not less than five (5) or more than seven (7) directors and collectively they shall be known as the Board of Directors. The number may be changed by amendment of this Bylaw, or by repeal of this Bylaw and adoption of a new Bylaw, as provided in these Bylaws.. Section 2 POWERS Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any limitations in the.Articles of Incorporation and Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction 'of the Board of Directors. Section 3 DUTIES It shall be the duty of the directors to: a. Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation_ of this corporation, or by these Bylaws; b. Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; c. Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; d. Meet at such times and places as required by these Bylaws; e. Register their addresses with the Secretary of the Corporation and notices of meetings mailed, faxed or e-mailed to them at such addresses shall be valid notice thereof. Section 4 COMPENSATION Directors shall serve without compensation and may not be compensated for rendering services to the Corporation in any capacity other than reimbursement for expenditures that benefit the Corporation. Section 5 VACANCIES Vacancies on the Board of Directors shall exist (1) on the death, resignation or removal of any director, and (2) whenever the number of authorized directors is increased. a. Directors may be removed for cause by vote of a majority of the votes represented at a membership meeting at which a quorum is present. b. Vacancies created by the removal of a director by the members may only be filled by a vote of the members at a meeting where a quorum of the members is present_ c. The members may nominate for Board appointment .and/or elect a director at a regular meeting of the membership to fill any vacancy not filled by the directors. Section 6 NON-LIABILITY OF DIRECTORS The directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. Section 7 INDEMNIFICATION a. To the extent that a person who is, or was, a director, officer, employee or other agent of this Corporation has been successful on the merits in defense of any civil, criminal, administrative or investigative proceeding brought to procure a judgment against such person by reason of the fact that he, or she is, or was, an agent of the corporation, or has been successful in defense- of any claim, issue or matter, therein,-:such- person-shall be indemnified against expenses actually and reasonably incurred by the person in connection with such proceeding. SLO County Public Access, Inc. 2 Bylaws ATTACHMENT 4 Effective Jan 2007 b. If such person either settles any such claim or sustains a judgment against him or her, then indemnification against expenses, judgments, fines, settlements and other amounts reasonably incurred in connection with such proceedings shall be provided by this corporation but only to the extent allowed by, and in accordance with the requirements of, Section 5238 of the California Nonprofit Public Benefit Corporation Law. Section 8 INSURANCE FOR CORPORATE AGENTS The Board of Directors may adopt a resolution authorizing. the purchase and maintenance of insurance on behalf of any agent of the corporation (including a director, officer, employee or other agent of the corporation) against any liability other than for violating provisions of law relating to self-dealing (Section 5233 of the California Nonprofit Public Benefit Corporation Law) asserted against or incurred by the agent in such capacity or arising out of the agent's status as liability under the provisions of Section 5238 of the California Nonprofit Public Benefit Corporation Law. ARTICLE Iii — MEETINGS Section 1 MEETINGS OF BOARD Meetings of the Board and of the membership shall be held monthly at a time and place to be determined by the Board. Any Board meeting, regular or special, may be held by conference telephone or similar communications equipment, so as long as all directors can participate. Section 2 REGULAR AND ANNUAL MEETINGS OF THE MEMBERSHIP Regular meetings of the members shall be held monthly at a time and place to be determined by the members. These meetings will be for the purposes of informing the members on the actions of SLO County Public Access and exchanging ideas between members a. A meeting to conduct business may be called by either the Board or by request of 10 members. Such meetings shall require that a quorum of 25 or one third of the membership be present before any business can be conducted. Notices posted by email or at the public access facilities shall be considered adequate notification of any such meeting. b. A meeting of the membership may be conducted by the Chairman of the Board or a chairperson of the member's choice. c. When a regularly scheduled meeting falls on a federal holiday, it will be held the following week. Section 3 Annual Meeting There shall be an annual membership meeting in March so that directors shall be elected by the members. Each member shall cast one vote, with voting to be by ballot only. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected. In the event of a tie for any board position, an- immediate vote will be taken to break the tie. Section,3 , VOTING In order to vote at the annual meeting, participants must have been a dues paying member for the past 90 days, and they are required to attend either the January or February nominating meeting so they may have an informed role in deciding who shall be elected to office. Section 4 SPECIAL MEETINGS Special meetings of the Board of Directors may be called by the Chairperson(s) of the Board, the Vice Chair, or by any two directors, and such meetings shall be held at the place designated by the person or persons calling the meeting, or by conference call. Section -5 NOTICE OF MEETINGS Regular meetings of the Board may beheld without notice. Special meetings of the board shall be held upon four (4). days' notice by first-class mail, by SLO County Public Access, Inc. 3 Bylaws e, ZZ Effective Jan 2007 ATTACHMENT 4 telephone or e-mail. If sent by mail or e-mail, the notice shall be deemed to be delivered on its deposit in the mails. Such notices shall be addressed to each director at his or her address as shown on the books of the corporation.. Section 6 CONTENTS OF NOTICE Notice of meeting not herein dispensed with shall specify the place, day and hour of the meeting. The purpose of any board meeting need not be specified in the notice. Section 7 WAIVER OF NOTICE AND CONSENT TO HOLDING MEETINGS The transactions of any meeting of the Board, however called and noticed or wherever held, are as valid as though the meeting had been duly held after proper call and notice, provided a quorum, as hereinafter defined, is present and provided that either before or after the meeting each director not present signs .a waiver of notice, a consent to holding the meeting, or an approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the corporate records or made apart of the minutes of the meeting. Section 8 QUORUM FOR MEETINGS a. Board of Directors (i) . A quorum shall consist of a majority of the Board of Directors. (ii) . Except as otherwise provided in these Bylaws or .in the Articles of Incorporation of this corporation, or by law, no business shall be considered by the board at any meeting at which a quorum, as hereinafter defined, is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. However, a majority of the directors present at such meeting may adjourn from time to time until the time fixed for the next regular meeting of the board. When a meeting is adjourned for lack of a quorum, it shall not be necessary to give any notice of the time and place of the adjourned meeting or of the business to be transacted at such meeting, other than by announcement at the meeting at which the adjournment is taken, except as provided in Section 10 of this Article,. (iv) The directors present at a duly called and held meeting at which a quorum is initially present may continue to do business notwithstanding the loss of a quorum at the meeting due to a withdrawal of directors from the meeting, provided. that any action -thereafter taken must be approved by at least a majority of the required quorum for such meeting or such greater percentage as may. be required by law, or the Articles of Incorporation or Bylaws of this corporation. b. Membership Meetings (i) . A quorum shall consist of 25 members -or one third of the membership whichever is less. (ii) .. Business in the form of motions, election of Board members or Officers, changes to these Bylaws, the Policies and Procedures may only be made at at duely noticed meeting with a quorum present. ' (iii) .. Reports and Presentations may be given to the members present at all meetings regardless of the presence of a quorum. Such reports and presentations shall be considered due notice of any changes in the policies and procedures applicable to operation of the public access channel. Producers shall be subject to.those policies without further notice. Section 4 MAJORITY ACTION AS BOARD ACTION Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation or Bylaws of this corporation, or provisions of the California Nonprofit Public Benefit Corporation Law, particularly those provisions relating to appointment of committees (Section 5233) and indemnification of directors (Section 5238e) , r �z-z3 SLO County Public Access,Inc. 4 Bylaws Effective Jan 2007 ATTACHMENT 4 require a greater percentage or different voting rules for approval of a matter by the board. Section 10 CONDUCT OF MEETINGS a. Meetings shall be presided over by the Chairperson(s) of the Board, by the Vice Chair of the corporation or, in the absence of each of these persons, by a chairperson chosen by a majority of the directors present at the meeting. The Secretary of the Corporation shall act as secretary of all meetings of the Board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. b. Meetings shall be conducted in a commonsense and decorous manner except that Robert's Rules of Order, as such rules may be revised from time to time, may be called upon to restore and maintain proper order insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation of this corporation, or with provisions of law. Section 11 ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT MEETING Any action required or permitted to be taken by the Board of Directors under any provision of law may be taken without a meeting, if all members of the board shall individually or collectively consent in writing to such action. For the purposes of this Section only, "all members of the Board" shall not include any "interested director" as defined in Section 5233 of the California Nonprofit Public Benefit Corporation Law. Such written consent or consents shall be filed with the minutes of the proceedings of the board. Such action by written consent shall have the same force and effect as the unanimous vote of the directors. Any certificate or other document filed under any provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without a meeting and that the Bylaws of this corporation authorize the directors to so act, and such statement shall be prima facie evidence of such authority. ARTICLE V — OFFICERS Section 1 NUMBERS OF OFFICERS The officers of the corporation shall be a Chair(s) , a Vice Chair, a Secretary, and a Treasurer. Any number of offices may be held by the same person except that neither the Secretary nor the Treasurer may serve as the Chairperson of the Board. Section 2 QUALIFICATION AND ELECTION Any person who is a member in good standing of, and has demonstrated commitment to, SLO County Public Access by attending and participating in meetings for a minimum o£ one full year may serve as officer of this corporation. Officers shall be elected by the membership and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her. successor shall be elected and qualified, whichever occurs first. Section 3 TERM OF OFFICE AND ORDER OF ELECTION. In order to maintain continuity of ideas and planning, elections of board members (the four (4) officers and three (3) directors) shall be conducted as described below. a. Elections will be held at the Annual Meeting of members in March of each year. b. Initially; each position shall be assigned a term of office such that approximately one-half of the officers and directors (which number shall be determined by dividing the total number of directors by two, rounding up in the event the total number of directors is not divisible by two) shall have one (1) year remaining on their term of office as a director. Thereafter each director shall be elected to serve two (2) year terms. No director may serve more than two (2) consecutive terms. C z-z�r SLO County Public Access, Inc. 5 Bylaws ATTACHMENT 4 Effective Jan 2007 c. In even-numbered years (e.g., 2004) , elections will be held for the positions of Chair, Secretary, and two (2) directors. In odd-numbered years (e.g. , 2005) , elections will be held for the positions of Vice Chair, Treasurer, and one (1) director. Section 4 SUBORDINATE OFFICERS The Board of Directors may appoint such other officers or agents as it may deem desirable, and such officers shall serve such terms, have such .authority, and perform such duties as may be prescribed from time to time by-. the Board of Directors. Section 5 REMOVAL AND RESIGNATION a. Any officer may be removed with cause by the Board of Directors at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the Chair(s) or Secretary of the corporation. Any such resignation shall take effect at the date of receipt of such notice or any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract which has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. b. A membership may be revoked for violation of the Bylaws or the Policies and Procedures governing the use of the public access channel by a vote of the entire Board of Directors. Or by a 2/3 vote of the members at a meeting when a quorum is present. Section. 6 VACANCIES Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of Chair(s) , such vacancy may be filled temporarily by appointment by the Chair(s) until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the board may or may not be filled as the Board shall determine. Section 7 DUTIES OF CHAIR a. Unless another person is specifically appointed as Chairperson of the Board. of Directors, he or she shall preside at all meetings of the Board of Directors and may preside at any meeting of.the membership. b. The Chair shall be the chief executive officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law; by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be prescribed from time to time by the Board of Directors. Unless another person is specifically appointed as Chairperson of the Board of Directors, he or she shall preside at all meetings of the Board of Directors. If applicable, the Chair shall preside at all meetings of the members. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks, or other instruments which may from time to time be authorized by the Board of Directors. Section 8 DUTIES OF VICE CHAIR In the absence of the Chair, or in the event of his or her inability or refusal to act, the Vice Chair shall perform all the duties of the Chair, and when so acting shall have all the powers of, and be subject to all the restrictions on, the Chair. The Vice Chair shall. have other powers and perform such other duties as may be prescribed by law, by the Articles of SLO County Public Access, Inc. 6 Bylaws Effective Jan 2007 `" ATTACHMENT 4 Incorporation, or by these Bylaws, or as may be prescribed by the Board of Directors. Section 9 DUTIES OF SECRETARY The Secretary shall: a. Certify and keep at the principal office of the corporation the original, or a copy, of these Bylaws as amended or otherwise altered to date. b. Keep at the principal office of the corporation or at such other place as the board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors and of members, recording therein the time and place. of holding, whether regular or special, . how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. c. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. d. Be custodian of the records and of the seal of the corporation and see that the seal is affixed to all duly executed documents, the execution of which on behalf of the corporation under its seal is' authorized by law or these Bylaws. e. Keep at the principal off-ice of the corporation a membership book containing the name and address of each and any members, and, in the case where any membership has been terminated, he or she shall record such fact in the membership book together with the date on which such membership ceased. f. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request thereof, the Bylaws, the membership book, and the minutes of the proceedings of the directors of the corporation. g. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may assigned to him or her from time to time by the Board of Directors. Section 10 DUTIES OF TREASURER Subject to the provision of these Bylaws relating to the "Execution of Instruments, Deposits and Funds, " the Treasurer shall: a. Have charge and custody of, and be responsible for, all funds and securities of the corporation in such banks, trust companies, or other depositories as shall be selected by the Board of Directors. b. Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever. c. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board of Directors, taking proper vouches for such disbursements d. Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including account of its assets, liabilities, receipts, disbursements, gains and losses. e. Exhibit at all reasonable times the books of account and financial records to any director of the corporation, or to his or her agent or attorney, on request therefore. f. Render to the Chair and directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation. g. Prepare, or cause to be prepared, and certify, or cause to be certified, as required by law, the financial statements to be included in any required reports: h.. In general, perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of the corporation, or by these Bylaws, or which may be assigned to him or her-from time to time by the Board of Directors. SLO County Public Access,Inc. 7 Bylaws Z�z� Effective Jan 2007 ATTACHMENT 4 ARTICLE VI — CaML-ffTTEES Section 1. EXECUTIVE COMMITTEE a. The Board of Directors may, by a majority vote of directors, designate two (2) or more of its members (who may also be serving as officers of this corporation) to constitute an Executive Committee and delegate to such Committee any of the powers and authority of the. Board in the management of the business and affairs of the Corporation, except with respect to the: (i) . approval of any action which, under law or the provisions of these. Bylaws, requires the approval of the members or of a majority of all of the members. (ii) . filling of vacancies on the board or on any committee which has the authority of the board. (iii) . fixing of compensation of the directors for serving on the board or on any committee. (iv) .. amendment or repeal of Bylaws or the adoption of new Bylaws. (v) . amendment or repeal or any resolution of the board which by its express terms is not so amendable or repealable. (vi) . appointment of committees of the board or the members thereof. (vii) . expenditure of corporate funds to support a nominee for director after there are more people nominated for director than can be elected.. (viii) . approval of any transaction to which this corporation is a party and in which one or more of the directors has a material financial interest, .except as expressly provided in Section 5233(d) (3) of the California Nonprofit Public Benefit Corporation Law. b. By a majority vote of its members then in office, the board may at any time revoke or modify any or all of the authority so delegated, increase or decrease but not below two (2) the number of its members, and fill vacancies therein from the members of the board. The Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the board from time to time as the board may require. Section 2 OTHER COMMITTEES The Corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. Such other committees shall consist of persons who are not also members of the board: These additional committees shall act in an advisory capacity only by reportinq in writing to the board and shall beclearly titled as "advisory" committees. Section 3 FORMING A COMMITTEE Members who wish to form a committee shall present for consideration to the Board of Directors a proposal outlining its purpose, scope and composition. Upon approval, the committee will elect its chairman and secretary. The secretary shall be responsible for sending minutes of each meeting in a timely manner to the Board of Directors and to the webmaster for posting on the Public Access web site as determined necessary. Section 4 MEETINGS AND ACTION OF COMMITTEES Meetings and actions of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its members for the Board of Directors and its members, except that the time for regular meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The time for special meetings of committees may also be fixed by the Board of Directors. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and_re,gulations are not inconsistent with-the provisions of these Bylaws. SLO County Public Access, Inc. 8 Bylaw �Z _Z Effective Jan 2007 ATTACHMENT 4 Section 5 COMMITTEE DESCRIPTIONS A, description of each committee or sub-committee authorized by the Board, outlining its purpose, scope and composition, will be written and appended to these Bylaws as an Appendix. . ARTICLE VII — EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS Section 1 EXECUTION OF INSTRUMENTS The Board. of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of an on behalf of the corporation, and. such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. Section 2 CHECKS AND NOTES Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money and other evidence of indebtedness of the corporation shall be signed by the Treasurer or by the Chair of the corporation. Section 3 DEPOSITS All funds of the corporation shall be deposited in a timely manner to the credit of the Corporation in such banks, trust companies, or other depositories as the. Board of Directors may select. Section 4 GIFTS The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the charitable or public purposes of this corporation. ARTICLE VIII _ CORPORATE RECORDS, REPORTS AND SEAL Section 1 MAINTENANCE OF CORPORATE RECORDS The corporation shall keep its records within San Luis Obispo County in the State of California: a. Minutes of all meetings of directors, committees of the board and of all meetings of members, indicating the .time and place of holding such meetings; whether regular or special, how called, the notice given, and the names of those present and the proceedings.thereof; b. Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; c. A record of its members, if any, indicating their names and addresses and, if applicable, the class of membership held by each member and the termination date of any membership; d. k copy of the corporation's Articles of Incorporation and Bylaws as . amended to date, which shall be open to n-gpection by the members, if any, of the corporation at all reasonable times during office hours. Section 2 CORPORATE. SEAL The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any :such instrument. Section 3 DIRECTORS' INSPECTION RIGHTS Every director shall have the absolute right at any reasonable time to inspect and copy all- hooks, records and documents of every -kind-and-to inspect the physical properties of the corporation. SLO County Public Access, Inc. 9 Bylaws �� ATTACHMENT 4 Effective Jan 2007 Section 4 MEMBERS' INSPECTION RIGHTS Each and every member shall have the right to inspect at any reasonable time the books, records, or minutes of proceedings of the members or of the board or committeesof the board, upon written demand on the corporation by the member, for a purpose reasonably related to such person's interests as a member. Such inspection shall be at the Corporation's repository and in the presence of a Board member. Section 5 RIGHT TO COPY AND MAKE EXTRACTS Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection includes the right to request a copy and to make extracts. Cost for .copies will be determined by the Board. Section 6 ANNUAL REPORT a. The Board shall cause' an annual report to be furnished. not later than one hundred and .twenty (120) days after the close of the corporation's fiscal year to all directors of the corporation and to any member who requests it in writing, which report shall contain the following information in appropriate detail: (i) .The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year; (ii) The principal changes in assets and liabilities, including trust funds, during the fiscal year; (iii) .The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes, for the fiscal year; (iv) .The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year. b. The annual report shall be accompanied by any report thereon of independent accountants, or, if there is no such report, the certificate of an authorized officer of the corporation that such statements were prepared without audit from the books and records of the corporation. c. If this corporation receives more than ONE HUNDRED THOUSAND DOLLARS ($100,000) , or more, in gross revenues or receipts during the fiscal year, this corporation shall automatically send the above annual report to all members,, insuchmanner, at such time, and with such contents, including an accompanying report from independent accountants or certification of a corporate officer, as specified by the above provisions of this Section relating to the annual report. ARTICLE IX —. FISCAL YEAR The fiscal year of the corporation shall begin on January 1 and end on December 31 -in each year. ARTICLE X — AMENDMENT OF BYLAW$ Subject to any provision of law applicable to the amendment .of Bylaws of public benefit nonprofit corporations, These Bylaws may be altered, amended, or repealed and new Bylaws adopted as follows: a. by approval of the Board of Directors Subject to the power of members to change or repeal these Bylaws under Section 5150 of the Corporations Code, unless the Bylaw amendment would materially and adversely affect the rights of members as to voting or transfer, then a Bylaw specifying or changing the fixed number of directors of the corporation, the maximum or minimum number of directors, or changing from a fixed to variable board or vice versa, may not be adopted, amended, or repealed except b. by approval of the members of this Corporation ARTICLE xI — AMENDMENT OF ARTICLES OF nmoRPORATION Any amendment of the Articles of Incorporation_may be..adopted-by approval of the Board of Directors. SLO County Public Access, Inc. 10 Bylaws �� ATTACHMENT S SLO3� SLO County Public Access, Inc. CO l P. O. Box 7155, Los Osos, CA 93412-7155 slocopa )gmail.com 805-426-9021 ' RECEIVED Cordaet Gail K Lightfoot,secretary JUN 15 7007 E-mail:gailkliahtfoot(ftharter.net P U 8 L I C ACCESS TELEVISION SLO CITY CLERK June 14, 2007 Chairman To: Audrey Hooper Todd Leal San Luis Obispo City Clerk Vice Chairman Michael Passarelli Dear Ms. Hooper: Secretary On May 25, 2007, representatives of the SLO County Gail K. Lightfoot Public Access (SLOCOPA) Board of Directors met with you Treasurer and Mr. Lowell, the City Attorney. Irene Matta Directors: At this meeting, you expressed concern regarding GarrettKmich certain sections of the SLOCOPA Bylaws. These sections Monique Matta have been present in our Bylaws since our inception Austin Purchin which were provided to the City prior the Agreement of Marc 8, 2006 and we initially felt that these concerns Orientation: could have been raised in a more timely manner. Orientation to SLO Co.P.A.and However, SLOCOPA is committed to preserving a equipment and cooperative relationship with the City of San Luis facilities use by prior Obispo. Therefore, in response to your concerns, our arrangement and/or organization is currently taking steps to address the reservation for issues raised by your office. specific classes. Our Board of Directors is in the process of organizing Meetings: a committee to review our Bylaws, particularly the Members: specific section referenced in our meeting. An anMonthlyannouncements, r nts,Boart investigation will be conducted to ensure that our announcements,to Bylaws fully comply with both Federal Law and the terms exchange ideas, of SLOCOPA's agreement with the City.. The Board will provide networking consider the committee's findings, and then determine between producers if changes need to be made at that time.. and meet and greet all new producers. Thank you for your continuing support of SLO County Date,Time,Location Public Access. We hope to resolve this issue to your TRA satisfaction in the near future. Board of Directors_: Monthly for official Since ely Yo s, business. Date,Time,Location TBA T dd Leal Members with items Chair, SLO County Public Access, Inc. for Board's agenda should contact the - By: Gail Lightfoot, Secretary G 2-e3 t Learae of Women Voters Of Sar, -.;uis Obispo County` Postal Address:Post Office 4210,San Luis Obispo,California 93403 Office Location:4111 Broad Street,San Luis Obispo,CA Phone(805)543-2220•www.slo.ca.lwvnet.org•e-mail info@slo.ca.lwvnet.org OFFICERS President Trudy Jarratt Ist Pice-President Ann Garfinkel 2nd Vice-President July 3,2007 Sara Horne Dave Romero, Mayor Secretary San Luis Obispo City Hall Lee Chivens 990 Palm Street San Luis Obispo,CA 93401 Treasurer Christine Volbrecht RE Public Access Television DIRECTORS Dear Mayor Romero and City Council Members, Action and Health Issues The League of Women Voters of San Luis Obispo County wishes to express strong support Donna Sullivan for,and belief in,the Importance of public access television. Communications To date,the League has produced one hundred forty seven shows, beginning in May of Julie 1999, Shows have covered a wide range of topics,including Affordable Housing,Child Tizzano-Schumann Care,How to Run for Public Office,Ballot Propositions,Commission on the Status of Development Women,and most recently,the California Department of Fish&Game. Robert McDougle Channel 2 is a vital force within our communities and must be continued with full funding. Education We urge you to take the necessary steps to insure the future success of public access. Alice Yamada Member Services Most sincerely, Colleen Ehrenberg Natural Resources4Prident Marilee Hyman Ann M Garfin el, Smart Voter LWV San Luis Obispo County Vera Wallen Doter Editor Elinor Kogan Voter Services Sara Horne w COUNCIL r FIN DIP RECEIVED ACAO FIRE CHIEF JUL 0 3 1001 ATTORNEY PW DIR Charter DIEPTCLERHEAD POLICE CHF SLO CITY CLERK DEPT HEADS REC DIR COMMUNICATIONS 5 pm $ UTIL DIP A WI'.EJ WORLO C:W-ANY^ �.�BUN� I?HR DIP e.46 July 3, 2007 RED FILE MEETING AGENDA Audrey Hooper DATE-.%--9L07 907 ITEM # C 2- City Clerk SLO 990 Palm St San Luis Obispo, CA 93401 RE: SLOCOPA Dear Ms. Hooper: Charter Communications has a solid track record of support for Public Access, Channel 2, in San Luis Obispo County. We have spent the last 7 — 8 years providing facilities, equipment, insurance, and support staff for Public Access producers. The 5016 non-profit organization, SLOCOPA, was established by the hard working producers of Public Access television to manage the channel and establish guidelines for use. The Board of Directors for SLOCOPA has the responsibility of enforcing the rules and regulations that guide the producers group. Decisions are not always popular but are necessary to insure uniform application of the guidelines. Charter Communications has turned over control of the Public Access Channel to SLOCOPA. This is important because all decisions are now in the hands of the people Channel 2 is designed to serve; the citizens of SLO County who are actively involved in bringing their vision to the television audience. The day-today Public Access operations that Charter is involved with is limited to traffic, inventory control, and studio scheduling. Charter provides two employees to support these areas. All other issues such as training, equipment purchase and maintenance, scheduling of shows and time slots, enforcement of rules and regulations, and meeting schedules are handled by SLOCOPA. Charter Communications supports open access to all residents of San Luis Obispo County and the presentation of all points of view on Public Access. / 1 Sincerely, Mark Eichenberg Office Operations Manager Charter Communications 270 Bridge Street San Luis Obispo, CA 93401 JULY 3, 2007 J To: SLO City Council - From: -713/07 Monique Matta SLOCOPA Producer/ Board Member My name is Monique Matta, and I have been a producer at SLO County Public Access (SLOCOPA) for four years. I was elected to the Board of Directors in March of this year. Let me preface this by saying that, in this statement, 1 am not speaking on behalf of the Board, but as a concerned member of SLOCOPA. Our organization has been going through a period of substantial change in recent months. Significant progress has been made to increase the efficiency and vitality of our organization: 1 .) We have launched a promotional campaign designed to raise our profile in the community. Numerous promotional announcements have been produced to attract new producers from all segments of the public. We recently submitted a sample of these promo videos; 2.) We are organizing courses in camera use and film editing, which are open to the public, and we are receiving new inquiries regarding them daily. To accommodate our low-income members, we have discussed ways for course fees to be "paid for' with volunteer hours; 3.) We are in the process of forming an Advisory Board, comprised of outside community leaders, to provide us with input and ideas; 4.) Finally, our most recent membership meetings have been collegial and constructive. Unfortunately, several inflammatory charges have been made against the SLOCOPA Board of Directors in recent weeks. I would like to explain the context in which these charges are made. In January, new guidelines governing the scheduling of shows were implemented. A relatively small, but vocal faction of members disagreed with the new guidelines. This faction declared their intention not to comply with the rules, and staged a protest at our March Election meeting. Their agenda was rejected by the voting members in attendance. Now, this disgruntled group is attempting to accomplish what they failed to do through the electoral process: they seek to gain de facto control of our organization, by means of an orchestrated media campaign of wild accusations and character assassination. Their clear purpose is to cause Public Access to lose the funding from the City. Instead of seeking to resolve their issues within our organization, this faction has chosen to take action that harms the entire membership of SLO Public Access. As to the vague charge that the SLOCOPA Board of Directors has somehow discriminated against minorities, we have the right to be presented with the specifics of this alleged wrongdoing. If we are being accused of pulling a show, or applying our new rules in a discriminatory fashion, let us see names of producers, show titles, and when any such show was supposedly "pulled" from the schedule. If we are presented with specific, fact-based charges, I am confident that we can rebut each and every accusation. I am personally disturbed by how some seem willing to accept these very serious charges as true on their face, with no further investigation. For the record, three members were suspended for disruptive behavior at our March Election meeting: Ron Bearce, "Prez" George Washington, and Anthony Bolin. The suspensions were for 90 days, and the suspended members have the option of requesting an official Reinstatement hearing at the end of that period. Ron Bearce has already made such a request. I am submitting copies of the suspension letters sent, which stipulate these terms. If any of these three individuals are alleging their programs were pulled because of content or viewpoint, that is a complete misrepresentation. SLOCOPA has direct knowledge of only one substantive complaint filed against our organization. Member Jason Reed filed a complaint raising a potential First Amendment issue. Vice Chair Michael Passarelli and I met with City Attorney Lowell and City Clerk Hooper to discuss their concerrns regarding one particular clause in our Policies. This rule has been in place for some time, but in the past, there had been no occasion to enforce it. We explained that we had received a complaint.pertaining to a specific episode of Reed's show, and it had been pulled from the schedule for several reasons. However, Ms. Hooper and Mr. Lowell requested that we submit a written assurance that SLOCOPA would revisit the language of this clause in our rules, and ensure that it complied with the terms of our agreement. Mr. Lowell, in turn, assured us that SLOCOPA would receive the funding as planned if this was done. This written assurance was submitted by SLOCOPA in reliance on this verbal commitment. SLOCOPA has responded to the City's concerns. We have complied with every request made of us, and are very sensitive to the need for compliance with the demands of the First Amendment. Please do not penalize the entire membership of SLO Public Access based on the demagogic accusations of a disgruntled few. The allegations made against us are a cynical strategy to circumvent our official process, and force the Board into changing its policies through the application of outside pressures. Thank you for your continued support of Public Access television. Sincerely, Monique Matta SLOCOPA Producer/ Board Member Los Osos, CA Cell #215-8912 Email: monmatta@aol.com Enclosures: Policies and Procedures of SLOCOPA Suspension Letters: Ron Bearce, Anthony Bolin, P.G. Washington Cauty POxe jK=6 .w Saheau�� a :e'cast iF' a4 l',,' 4,AF to p*'Qge as a zdd`4odlot" atithox'i.zed producsetEittembar.� � Gadd stax>darxig'cs� �F+Q'.�QQunt� �h��Q �ccenae, 1na'. No 4t�didual, fanklorhptsa2a� 3¢1, doi�ectp¢} 4h�P::b ki�dvta'aals , arca izat a pax Oth0O 0 1e ly. zecb�a4�s�d q ty � � Qf it .,aha l haeme ahh mx � r tkiey � • 5�ci � aaexaR *t�o aCtS a ; e agent Poi a' ^tajex ©daatt �a & fid tls �rztrnatxz� gra C • A Prpdn ae d m3 t�gr> pmel ,a ems' era to a ' h�sdha ,=own solae "fir# his: ir� lds 9�ri�a ,�xt$� `s�orpds,{, czag' and st?p �rs1 s pax. 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Sc .ediz�ed t:ate +aJl� n rel ,''g. tied : f ' ' pa'm t� azs:r�o s �' t 9 �,^J,,�,y,,, <• S - ''� ,yz '�lpkYd S�. y 40", . FM•W yKa QI `iw { {{ , M'1 i +1 '1RAl s ,f 4 V F , r IJ ,. • !! ,., _ �� „• "F�l ,:ai � ,y n4 , �.,I i , p4Jty�it-i"r,%e ,�� �i 1, ".'S � (. , ;,J) { . - . v .. '" 1 '.�'4 ntn 6 f +. l+v. _ , "a y"vtJ f^hk 4�+'I �•"4a b�, y �n" �•l �n ,,.. of ^ , f..4 ,. •,IT �����:Irl , , •U : .F'. �T4� v.:.r.y J J ! 1 , h I IX 4PI Ul A, 3 lt", cam' fir OCIZI VI: I the-` s�GCIOU or Kgx. ,w V)e jr t, W� rC 60.* "aA Ot to±s.,- will Aptb gVA N At, t 'Or.)z t1 rx:SSC17lC�9 .d M#.. aNM�Si t, oyt A " it Od 4 tv ou 0 it, 4 LITA. ,41T"W 10`fzk I I i, tO 1". r "Ol • t. t. CA, it. Litt- Ve tt tOl L IV, "t"k, 4,41 'It,tv 0-,,, 0,v, tv "'lw ',fo, Of;, j'l dC 44 V-I "Ip Ik S LO SLO County iI'Public Access, Inc. P. O. Box 715 Osos, CA 93412-7155 ,,,g U n Cwttm*Gan K.Lightroot,.Secretary E-mail:gaining togacharter.net PUBLIC ACCESS TELEVISION Chairman March 22, 2007 Todd Leal Vice Chairman Dear Ron Bearce: Michael PassereBi We regret to inform you that your membership with SLO County Public Access is Secretary hereby suspended for 90 days effective immediately as of the date of this letter. Gall K.Lightfoot This is a direct sanction for conduct in violation of our Bylaws and Policies. Treasurer Irene Matta At the General Membership meeting held March 12, 2007, you participated in an Directors: attempt to disrupt and obstruct a duly noticed Election of the Board of.Directors. Despite repeated warnings from the Board members present that you were Garrett Krnich speaking and acting out of order, you continued to engage in disruptive behavior, Monique Matta including speaking over the comments of the Chair, refusing to comply with Justin Purchin requests of the Chair, prolonged interruptions of Board members and other speakers, and otherwise refusing to allow the meeting to proceed as agenized. Orientation: Orientation to SLO This conduct was not confined to a few outbursts, but was so continuous as to Co.P.A.and interfere with the orderly conduct of business. It also demonstrated a lack of equipment and respect and consideration for your fellow members. Members were given written facilities use is warning prior to the meeting that such behavior would result in sanctions; this Scheduled monthly at warning was verbally repeated by the Chair at the start of the meeting. Charter's SLO office We are therefore exercising our rights under Article H, Section 1 (b)of our Bylaws Meetings: and suspending your membership rights and privileges for 90 days effective immediately. During this suspension period, your show(s)will not be tranismitted Members: on Channel 2,and you will not have access to or use of any Public Access Monthly to hear from equipment or facilities. However, your timeslots will not be reassigned at this time, the Board,exchange and may be regained by you upon completion of the 90 days, subject to the ideas,provide Boards approval. networking contacts for producers, meet You are expected to refrain from appearing on the air on Channel 2, on any and greet all new program,for the duration of your suspension. We also request that you do not producers. attend any Public Access meetings during this time, since your conduct at such Date,Time.Location meetings is a current cause of concern. TBA Board: During this 90 day period, you are asked to observe the following conditions of Monthly to contact suspension: official business 1.) DO not disturb, disrupt, or speak and/or act out of order at.any.Public Date.Time TBA Access meeting' Members with Items for Boards agenda 2 ) Do not verbally abuse, harass, intimidate, or threaten any Public Access should contact a member, producer, officer, volunteer or Charter staff member, Board member prior to their mtg. 3.) Do not use, or be involved in the usage, of any Public Access equipment or facilities. This includes the removal of your studio use privileges for the duration of your suspension. 4.) Do not appear on the air at Channel 2 for the duration of your suspension. If any of the above conditions of your suspension are violated, your membership is subject to immediate termination. Upon adequate completion of the 90 day suspension, you may submit a written request to the Board asking that your membership status be reinstated.We will consider your request at that time, and any Such reinstatement will be at the Board's sole discretion. If we are assured that the conduct leading to this suspension will not be repeated, SLO County Public Access hopes to welcome you, once again, as a member and producer in good standing. Sincerely yours, TODD LEAL Chairman oc: Mark Eichenberg Kristen Mulgrew, 2 SLOSLO County Public Access, Inc. CountP. O. Box 7155, Los Osos, CA 93412-7155 YA + ' Contact Gail K.LightfoM,.Secretary E-mail:gailklightfoot@charter.net PUBLIC ACCESS TELEVISION Chairman March 22, 2007 Todd Leal Vice Chairman Dear Prez George Washington: Michael Passerelll We regret to inform you that your membership with SLO County Public Access is Secretary hereby suspended for 90 days effective immediately as of the date of this letter. Galt K. ughtfoot Treasurer This is a direct sanction for conduct in violation of our Bylaws and Policies. Irene Matta s: At the General Membership meeting held March 12, 2007, you participated in an Director Garrett s: attempt to disrupt and obstruct a duly noticed Election of the Board of Directors. Despite repeated warnings from the Board members present that you were Monique Matta speaking and acting out of order, you continued to engage in disruptive behavior, Justin Purchin including speaking over the comments of the Chair, refusing to comply with requests of the Chair, prolonged interruptions of Board members and other Orientation: speakers, and otherwise refusing to allow the meeting to proceed as agenized. Orientation to SLO Co.P.A.and This conduct was not confined to a few outbursts, but was so continuous as to equipment and interfere with the orderly conduct of business. It also demonstrated a lack of facilities use Is respect and consideration for your fellow members. Members were given written Scheduled monthly at warning prior to the meeting that such behavior would result in sanctions; this Charter's SLO office warning was verbally repeated by the Chair at the start of the meeting. Meetings: . We are therefore exercising our rights under Article II, Section 1 (b)of our Bylaws Members: and suspending your membership rights and privileges for 90 days effecive Monthly.to hear from immediately. During this suspension period, your show(s)will not be tranismitted the hoard,exchange on Channel 2,and you will not have access to or use of any Public Access equipment or facilities. However, your timeslots will not be reassigned at this time, Ideas,provide and may be regained by you upon completion of the 90 days, subject to the networking contacts Board's approval. for producers,meet and greet all new You are expected to refrain from appearing on the air on Channel 2, on any producers. program, for the duration of your suspension.We also request that you do not Date,Time,Location attend any Public Access meetings during this time, since your conduct at such TBA meetings is a current cause of concern. Board Monthly to contact During this 90 day period, you are asked to observe the following conditions of official business suspension: Date.Time 78A 1 ) Do not disturb, disrupt, or speak and/or act out of order at any Public Members with Items Access meeting; for Board's agenda should contact a 2) Do not verbally abuse, harass, intimidate, or threaten any Public Access Board member prior member, producer, officer,volunteer or Charter staff member, to their mtg. 3.) Do not use, or be involved in the usage, of any Public Access equipment or facilities. This includes the removal of your studio use privileges for the duration of your suspension. 4.) Do not appear on the air at Channel 2 for the duration of your suspension. If any of the above conditions of your suspension are violated, your membership is subject to immediate termination. Upon adequate completion of the 90 day suspension, you may submit a written request to the Board asking that your membership status be reinstated.We will consider your request at that time, and any Such reinstatement will be at the Board's sole discretion. If we are assured that the conduct leading to this suspension will not be repeated, SLO County Public Access hopes to welcome you, once again, as a member and producer in good standing. Sincerely yours, TODD LEAL Chairman cc: Mark Eichenberg Kristen Mulgrew 2 l , SLO County Public Access, Inc. P. O. Box 7155, Los Osos, CA 93412-7155 slocooaCdtamail.com 805426-9021 June 15, 2007 Dear Leslie Bearce: This letter is to notify you that your suspension of membership with SLO County Public Access is eligible for review at this time. You may apply for reinstatement of your membership privileges. If you wish to be reinstated as a member of SLOCOPA, please submit a signed, written request to our mailing address as soon as possible: SLOCOPA P.O. Box 7155 Los Osos, CA 93412-7155 Your request should include a statement of your intent to abide by the SLOCOPA Policies and Procedures, and to observe the rules of decorum governing all of our meetings. This request may be submitted prior to June 22. The Board will contact you upon receipt of this request, and schedule a mutually convenient time for a special hearing on your formal reinstatement. Please note that, if we do not receive such a request from you by July 10, 2007, your timeslots will be lost and available for assignment to other producers. We look forward to hearing from you! Thank you, TODD LEAL Chairman cc: Mark Eichenberg Kristen Mulgrew SLO County Pubic Access, Inc. P. O. Box 7155, Los Osos, CA 93412-7155 S LO Contact:Gail K Lightfoot,.Secretary Onty....u iin E-mail:gailldigodbot®charier.net PUBLIC ACCESS TELEVISION Chairman From: gaiMightfoot(Rchartennet Todd Leal To: LeslieB930@aol.com Vice.Chairman Cc: Todsterna.infostations.com;ctcolemanainfostations.com; dbaumgartensings(&yahoo.com Secretary Sent: Wed, 21 Feb 2007 6:24 PM Gall K.Lightfoot Subject: Your Probation is now a full suspension Treasurer Leslie, Cinthea T.Coleman Todd has asked me to advise you that your membership in.SLO County Directors: Public Access, Inc. is suspended until further notice. David Baumgarten Anni Betty Zane These These were the terms of your probation as approved by the Board of Directors for SLO County Public Access Television, Inc. Forms and Dues: Return to Secretary 1. Director Bearce is prohibited from SLO County Public Access Pay Dues Television,Inc. business,and voting rights. Schedule a time for Orientation to SLO 2. Director Bearce is prohibited from representin Co.P.A.and any g SLO County Public necessary equipment Access Television,Inc. Board of Directors in any way. and facilities use Provided at Charter's 3: Prohibition also excludes Director Bearce from sending e-mails,. SLO office by phone calls or any other form of communications appointment containing false accusations and /or slanderous statements about the Meetings: Board or Members of SLO County Public Access, Inc. Members: Monthly 4. If Director Bearce is found to have violated any of the terms of said 6:30 PM probation Director Bearce's membership to SLO County Public Access Public location Television, Inc. will be suspended and her shows pulled from the Board: schedule. I st Wed each mo. Charter's SLO office PM Cha5. These terms of probation will be enforced for 90 days. Scheduling Cmt: 3A Tues each mo. 5:30 PM Todd Leal Charter's SLO office Chair SLO County Public Access, Inc. SLO County Public Access, Inc. P. O. Box 7155, Los Osos,CA 93412-7155 Cort:oea K ug,ttoot,.secretary E-mail:gailklightfoot@charter.net Chairman Todd Desi Vice Chairman mduld Passerem Secretary Ga!K U019= March 22, 2007 Dear Anthony Bolin: We regret to Inform you that your membership with SLO County Public Access Is hereby suspended for g0 days effective Immediately as of the date of this letter.This is a direct sanction for conduct in violation of our Bylaws and Policies. At the General Membership meeting held March 12,2007,you participated in an attempt to disrupt and obstruct a duly noticed Election of the Board of Directors. Despite repeated warnings from the Board members present that you were speaking and acting out of order,you continued to engage in disruptive behavior,including speaking over the comments of the Chair,refusing to comply with requests of the Chair,prolonged interruptions of Board members and other speakers,and otherwise refusing to allow the meeting to proceed as agendized. This conduct was not confined to a few outbursts,but was so continuous as to interfere with the orderly conduct of business. it also demonstrated a lack of respect and consideration for your fellow members.Members were given written warning prior to the meeting that such behavior would result in sanctions;this warning was verbally repeated by the Chair at the start of the meeting. We are therefore exercising our rights under Article 11, Section 1 (b)of our Bylaws and suspending your membership rights and privileges for 90 days effective immediately. During this suspension period, your show(s)will not air on Channel 2,and you will not have access to or use of any Public Access equipment or facilities.However,your timesiots will not be reassigned at this time,and may be regained by you upon completion of the 90 days,subject to the Board's approval. You are expected to refrain from appearing on the air on Channel 2,on any program,for the duration of your suspension.We also request that you do not attend any Public Access meetings during this time,since your conduct at such meetings is a current cause of concern. During this 90 day period, you are asked to observe the following conditions of suspension: 1.)Do not disturb,disrupt,or speak and/or act out of order at any Public Access meeting; 2.)Do not verbally abuse,harass, intimidate,or threaten any Public Access member, producer,officer, volunteer or Charter staff member; 3.)Do not use,or be involved in the usage, of any Public Access equipment or facilities.This includes the removal of your studio use privileges for the duration of your suspension. 4.) Do not appear on the air at Channel 2 for the duration of your suspension. If any of the above conditions of your suspension are violated,then your membership will be subject to immediate termination. Upon adequate completion of the 90 day suspension,you may submit a written request to the Board to have your membership status reinstated.We will consider your request at that time,and any reinstatement will be at the Board's sole discretion. If we are assured that the conduct leading to this suspension will not be repeated, SLO County Public Access hopes to welcome you once again as a member in good standing. Sincerely yours, TODD LEAL Chapman cc:Mark Eichenberg Kristen Mulgrew 2 Page 1 of 1 This message was sent with high importance. The sender of this message has requested a read receipt. Click here to send a receipt. Council, SloCity From: Jose Lemus ArcPMLemusArc@charternet] Sent: Mon 7/2/2007 12:55 PM To: Council,SloCity RECEIVED Cc: Kai Beech; Sally Connell RED FILE Subject: SLOCOPA Public Access MEETING AGENDA JUL o 3 2007 Attachments: DATE 67 ITEM # 2 -�._ SLO CITY CLERK Honorable Mayor and Council, I will be getting more information to you shortly,but in the meantime I would just like to inform you that there are many many positive things that have been happening with SLOCOPA. I have at onetime or another talked with all but Councilman Carter.I hope to change that soon. I am a local Architect,my country of origin is Mexico but after the Vietnam war I came to San Luis Obispo(Cal Poly)and made this my home. I currently Produce two shows on Public Access one of which is The Aqui!show that recently highlighted the dedication of the Chinese Park on Santa Rosa and Marsh.The.second being Community Arts and Music,which will be airing segments of the recent San Luis Obispo International Film Festival,with an upcoming segment featuring Robert Reynolds beautiful paintings. In the past we have covered Community activities with Allen Hancock and Cuesta College and other performing arts events. Public access is NOT Racist,it has and continues to be fair.It is good and getting better.I.strongly encourage you to please continue with your support for San Luis Obispo County Public Access. Please contact me at anytime if you are interested in learning more about why I selected to detach my association with Ron Bearce. Christina is a young talented giving person.Her parents however have allowed their personal agendas to cloud the reality of what SLOCOPA actually is.Distortions of events as well as untruths have dangerously been manipulated to give the impression by few,to a few that SLOCOPA is bad and in trouble. I look forward to hearing from you. I can be reached by Cell phone at 234-2228 Jose M. Lemus,Producer/ Director The Aqui!Show ED CDD DIR Community Arts&Music � FIN DIR lj� a FIRE CHIEF PW DIR Jose M. Lemus,Architect Lemus Architecture and Planning S POLICE CHF427 High Street FEC DIR San Luis Obispo,CA 93401 LITIL DIR email-jmlemusarcCDcharter.net yR DIR (805)549-0651 C,auvtc � G4i5 c ifCe eA- https://mail.slocity.org/exchange/slocitycouncil/Inbox/SLOCOPA%2OPublic%p2OAccess.EML?Cmd=open 7/3/2007 RECEIVED RED FILE 7/2/07 MEETING AGENDA JUL 0 2 2007 DATEW-442 Q ITEM # CZ SLO CITY CLERK ATTN.: SAN LUIS OBISPO CITY COUNCIL 10 COUNCIL �JR ®CAO @ RE: SLO COUNTY PUBLIC ACCESS TELEVISION IaACAO $� EF D ATTORNEY R CLERK/OR!G 3� HF ❑DEPTH :;L,; it To Whom It May Concern: j,Jpee UTILI would like to submit the enclosed items for the Council's review. ,c � auaiciC ?. eAo )r c ,r SLO County Public Access has launched an ongoing promotional•campaign designed to attract new producers and increase our profile in the community. A sampling of the promotional segments we have produced are included on one of the two DVDs submitted. In addition, I understand that footage of our March Annual Election meeting has been.submitted and reviewed by some of your members. The new Board of Directors resolved to take steps to ensure this kind of meeting did not take place again. Three SLOCOPA members were suspended for their disruptive conduct at that meeting. The other DVD included here contains approximately 15 minutes of footage from the subsequent Membership meeting, held in April of this year. This meeting, and the two meetings since,have been overwhelmingly constructive and positive in nature. You willnote that the suspended members were not in attendance. I believe this evidence will present you with a much more accurate representation of the current goals and activities of SLOCOPA. Thank you in advance for your consideration, Monique A. Matta Producer/Board Member SLOCOPA /nLeQ.S� /74 & Me vA s aee 4,S fl e Page 1 of 1 Q)This message was sent with high importance. Council,SloCity From: Brent Willey [bwilleyi@charter.net] ® Sent: Thu 6/28/2007 5:15 PM To: Council,SloCity Cc` 'JUN 2 9 7007 Subject: SLO Conty Public Access TV Attachments: SLO CITY CLERK Dear SLO City Council Members: It is my heart's desire that you will not be influenced to cut off needed funding because of the unfortunate clashing of a few opposing egos with their personal agendas, when there are-so many kind and respectful individuals involved in SLOCOPA who only wish to get their message out into the community. Please consider the letter to the editor that I sent to the New Times(6/28/07): It is with great interest that I read your recent column, Cable access fight couldlead to funding cuts I have been a producer with San Luis County Public Access TV for nearly five years now, having attended nearly all of the producers'meetings during this time,and I have never witnessed any racist treatment whatsoever by any producer or board member. I was,in fact,present at the general meeting in March of this year when the Sheriff's Department(at least four deputies,as I remember) had to be dispatched because certain SLOCOPA members were out of order, setting up their own PA system and refusing to sit down when asked to do so repeatedly by the SLOCOPA chairperson.Any outspoken member, regardless of race,was asked to sit down if he or she had not been properly recognized by the chairperson. However, it is preposterous to suggest that racism was exhibited in any way. While there were attitudes and actions on both sides of the aisle that I did not personally agree with, it became apparent that a relatively small number of members were not going to submit to the admonitions of the board. I do not approve of the obscene gestures and the demeaning explicatives that were used by various opposing members in attendance; neither do I desire to get caught up in"taking sides"regarding this matter.The only"side"I wish to take is the one that represents the equitable treatment of all shows. Like the vast majority of SLOCOPA producers, I simply want to produce.a show and support Public Access TV. Other than the unfortunate March meeting and the subsequent ill feelings that some personalities have exhibited towards others within the organization, my experience with SLOCOPA has been a marvelous one. Charter Communications has been a stellar supporter of SLOCOPA and I applaud their patience during this difficulty. I certainly hope the SLO City Council will not withdraw the funding that has been promised simply because a few personalities have clashed in a relatively small organization that provides such a wonderful service to a large segment of the county. Sincerely, Brent Willey, producer "What Shall I Believe?" ba Ili opw J inao COUNCIL Z--CDD DIR RED FILE J2 CAO SIN DIR ,ETACA0 Te-FIRE CHIEF MEETING AGENDA ATTORNEY ;y7 W DIR DATCALa ITEM # CLERK/ORIG ,0 POLICE CHF 13 DPTgEADS ;'REC DIR ;Z UTIL DIR ,Z HR DIR https://mai 1.sl oci ty.org/exchange/slocitycouncil/Inbox/SLO%2OConty%2OPublic%20Access%20TV.EM... 6/29/2007 RECEIVED Jug 2 s 2007. memoizanaum [cityof san lues osis o DATE: June 29, 2007 TO: Mayor Romero and Council Members FROM: Jonathan Lowell, City Attorney Audrey Hooper, City Clerk VIA: Ken Hampian, CAO SUBJECT: Consent Agenda Item C2 - SLOCOPA Annual Report The attached information was submitted to the City Clerk's office Thursday afternoon. At Council direction, staff could initiate the time consuming task of investigating the various charges raised. However, this would not be an efficient use of resources, especially as some of the concerns raised are not within the City's purview, i.e. the City has no authority to affect them. The City has entered into a contractual arrangement with SLOCOPA and wants to make certain that the terms of the agreement are being adhered to. In the event that SLOCOPA is not abiding by the terms of the agreement, then the City may inflate steps to end the contract Staff is not recommending termination of the contract at this time, but rather is suggesting that, now that many of these issues have come to light and SLOCOPA is on notice of them, the City give SLOCOPA some time to sort these matters out on its own and then it can report to the City on how it is meeting its contractual obligations. Additionally, Council may wish to suggest to SLOCOPA and those concerned with its operations that they utilize the services of Creative Mediation in order to resolve the disputes that have arisen. $COLINCIL I r00D DSR AO -ZFIN DIP RED FILE CAO Zy FIRE CHIEF MEETING AGENDA �"'ATTORNEY ffDip CLERK/ORIQ �POpdi,iC12 CHF DAT ITEM # c��, °�° pr u I �O�I�. U iL®Ira R 61R CPD �7 0618-07 Memo to Cowwil re CS2.doe RECEIVED June 28,2007 JUN 2 8 2001 Dear Dave Romero, SLO CITY COUNCIL Enclosed are documents relating to the July 3d City Council Meeting's Consent Item#C2(regarding the nonprofit San Luis Public Access Television,Inc.,aka"SLOCOPX). As volunteer television producers on Public Access Television,we are concerned about a number of actions taken by the SLOCOPA Board of Directors.These transgressions are particularly disconcerting given the fact that the vast majority of SLOCOPA's funding is derived from the PEG Access Operating Plan Agreement between SLOCOPA,Charter Communications and the City of San Luis Obispo,as dated March 8th,2006. It is our deeply held belief that neither the City's elected officials nor residents would approve of public funding going to an organization which actively engages in such ongoing, unprofessional conduct(much of which is in blatant violation of the provisions of its Operating Plan Agreement with the City). In May,we the undersigned producers,each submitted individual written grievances to Audrey Hooper, City Clerk,regarding our own particular experiences.These individual letters are collectively included for reference purposes.It was our hope that these complaints would lead to constructive remedies. However,to date,no formal acknowledgement or assurances have been provided by SLOCOPA regarding these specific grievances. We have received a copy of City Staffs recommendations and are concerned that these do not adequately address the concerns originally submitted to the City.As such we urge you to: 1. Oppose City StaWs recommendation that SLOCOPA's May 25th annual report be accepted without the conducting of a financial audit.This is due to serious questions regarding the organizational competence and transparency of SLOCOPA. Since City funds are being used,and in light of recent allegations, it is well within the purview of the City's elected officials to request such that a financial audit be conducted. 2. Oppose City Staffs recommendation that a$15,91750 equipment request be authorized with the understanding that SLOCOPA will[later] revise its Bylaws and procedures to provide for access without regard to content.We believe that these much-needed Bylaw and procedures revisions be made prior to any additional funding being provided,not after.This creates appropriate accountability and acts as a hedge against further misuse of City financial support We hope that you may have time to review said documents prior to the July 3`d City Council meeting.It is anticipated that we will be in attendance and may speak during the public comment period of the meeting to further voice our concerns. We thank you for your diligent and ongoing public service benefiting the residents of the City of San Luis Obispo. Sincerely, "Concerned Public Access T.V. Producers" (Michael Lovegene,Jason Reed,Christina Bearce,Leslie Bearce,Anthony Bolin, Patrick Germany) June 28, 2007 To the San Luis Obispo City Attorney and City Clerk: Subject:A formal request to investigate multiple violations of San Luis Obispo County Public Access nonprofit(SLOCOPA)Bylaws and violations of the contract with the City of San Luis Obispo and SLOCOPA After reading the SLOCOPA annual report to the City of San Luis Obispo, it is clear major information was withheld by SLOCOPA representatives. Many are grateful for the investigation already done by the City staff on the"content"censorship issue and possibly illegal Bylaw changes in that one area. Here are many other possible violations of Bylaws or the City contract with SLOCOPA going on through 2007 and earlier that need more complete investigation. Among them detailed below are: Section I: BACKGROUND Section 11: BROWN ACT POSSIBLE VIOLATIONS vs.the END of OPEN and FAIR MEETINGS Section III:FINANCIAL CONFLICTS OF INTEREST Section IV:NEW BYLAWS ADOPTED THROUGH EMAIL"VOTES" Section V:BOARD MEMBER"REMOVED" ILLEGALLY BY UNANNOUNCED BOARD "VOTE" Section VI:OLD LEGAL BYLAWS IGNORED OR THROWN OUT Section VII:FIVE OF SEVEN BOARD MEMBERS ILLEGALLY APPOINTED OR"ELECTED" Section Vlll: DISCRIMINATION AGAINST MINORITIES AND YOUNGER MEMBERS INCLUDING BEING ON THE BOARD OR VOTING Section IX:CANDIDATES FOR THE BOARD BANNED; MEMBERS BANNED FROM VOTING Section X:THREATS IF SPEAKING OUT AGAINST THE BOARD Section XI:GOVERNMENT FUNDS AND THE POLICE FORCE USED TO INFLUENCE NONPROFIT BOARD ELECTION Section X11:OPEN MEETINGS,EQUAL ACCESS,PUBLIC COMMENT all denied Section XIII:NO MINUTES OF MEETINGS OR OTHER RECORDS NOW KEPT OR RELEASED CONCLUSION (Note:All the email references in this report are on record and being complied.They are available to City staff or others.) Section I: BACKGROUND The City of San Luis Obispo staff investigated a written complain about.the San Luis Obispo County Public Access nonprofit(SLOCOPA)and found Bylaw violations related to SLOCOPA Board member ordering Charter Communications to ban Public Access shows based on"content".The City staff ordered SLOCOPA to not discriminate based on and rewrite the Bylaws back to where that is not legally allowed(other than for allowed exemptions to that such as prioritizing shows based on"diversity","local", "adult material",etc.) But when SLOCOPA Board members met with SLO City staff they were not fully honest about marry other actions,votes, meetings,decisions as or even more important than ordering Charter to ban content of producers'shows. SLOCOPA's current Board is in violation of its own Bylaws in many ways,all documented. Asking the San Luis Obispo City Council to give the current SLOCOPA Board members 3 more months to correct just one of many violations of SLOCOPA's original (and legal)Bylaws and/or Policies and Procedures would result in another quarter of a year of more of the Public Access members'rights being violated. The actions of a few people may have caused the legal status of the nonprofit itself to come into question. So many Bylaws and policy violations have occurred that clearly this current Board majority is not legally allowed to represent SLOCOPA members and is a reflection on the City of San Luis Obispo itself if it is supported as it now stands.There is another nonprofit that has been approved by the State of California as a backup for local governments and producers. Many producers were and still are being unjustly banned from Charter's facilities,the use of equipment fully funded by the City of San Luis Obispo with legal Bylaws and Polices being ignored, "closed door"Board meetings behind held often in secret locations on dates not announced where major decisions are being made,special rules put into place against certain SLOCOPA members and more. Section II:BROWN ACT POSSIBLE VIOLATIONS vs.the END of OPEN and FAIR MEETINGS The Brown Act applies to certain nonprofits "PRIVATE OR NONPROFIT CORPORATIONS OR ENTITIES 54952(c)(1)(A)Ch. II "Covered only if: a)A legislative body delegates some of its functions to a private corporation or entity". SLOCOPA has been delegated all of the government functions of running the mandated City of San Luis Obispo Public Access functions,decisions,etc.to SLOCOPA.The City Council could have delegated those functions to city staff or a city commission or committee but choose to delegate them to this nonprofit corporation. Many members of the current or immediate past SLOCOPA Board have tried to use Brown Act terms to justify them closing all Board meetings to all but a select few, including Charter staff allowed in. But stating they are holding an"Executive Session"to discuss"Personal"or"Contracts"doesn't qualify them for following the Brown Act,especially when they have no personnel or aren't discussion contracts. This is one of the most serious issues that needs thourough investigation. If the Brown Act has to be followed,"Public Comment","equal access"to meetings and the Board,fairness,etc.will be restored.The City can also simply require this nonprofit Board to follow the intention of the Brown Act for the same results. Section III:FINANCIAL and POLITICAL CONFLICTS OF INTEREST Board members changing the Bylaws,closing meetings, banning content or shows, etc. have major conflicts of interest The Libertarian Central Committee members run much of this and are using their"Liberty"show to talk into the camera to advocate for and against ballot measures while the host has been a candidate for California statewide office. Chair of the Libertarian Party in this area, Gail Lightfoot,has for years used the SLOCOPA email lists as Board Secretary to promote her political party,voter registration in her party and Libertarian candidates for office. She used the official Libertarian Party email address of"slopl"as the official SLOCOPA email address. She has used it in her New Times commentary piece in 2007 endorsing the use of tens of millions of dollars of government funds to"solve"the Los Osos sewer issue despite calling use of government funds in all other cases"immoral",stating that in the New Times and on her show. She also went on Chair Todd Leal and Treasurer Cinthea Coleman's"Todster Show"to endorse the use of such money to help save Ms.Coleman's home and raise money through Public Access TV for a"Legal Defense Fund"(their spelling)for"the Molikai Sisters"efforts.The New Times Shredder covered some of this. Ms. Coleman and Mr. Leal did at least three hour-long special"Todster"shows that also played in the "Debut Showcase"to campaign against this political issue and use as a fundraiser. Ms. Lightfoot,despite condemning Republicans and Democrats for doing similar actions once they get into power,also endorsed a property tax measure on her show that affected her home and that of Mr.Venable's in Arroyo Grande.The argument made was if this local tax didn't pass the state could come back later and impose a great one. Such conflicts of interests need to be investigated to see if they are allowed on Public Access. City-owned Public Access equipment appears to now to be used for the financial benefit of a few,especially for paid technicians using it to charge the public for its use to"train"people who aren't members of SLOCOPA and charge members who are when free training is still available to everyone interested. Other producers are now simply interviewing"their sponsors on their shows such as on member Rids Martel's two shows,or to promote their own commercial products. In the 1980s,Sonic Cable canceled Public Access Channel 6 after too many producers were simply advertising their own services. Religious"sermon shows"are a big percentage of Channel 2 shows despite policies giving priority to community-oriented shows. (See Priority Policies" In the Bylaws and Producers Agreements every producers signs on to agree to: "SCHEDULING PRIORITIES,Scheduling Section: SLO County Public Access, Inc's Scheduling committee or Board of Directors will maintain the following general priorities for scheduling programming on Public Access channels: Locally produced Diversity of program content,focus or theme Production quality Diversity of producers and sponsors Imported programs "Local","Diversify"and"Quality"are the top priorities, not self-promotion. Nearly all those on the Board through their appointments or"election" (see below)are producers of self-promotional, low-priority shows or are supporters of this new Board and new policies. By breaking the Bylaws,several producers with financial or political conflicts of interest appear to be benefitting financially by using Public Access as a personal fundraising or a political device against the rules or regulations.(See Attachment A, "Policies S Procedures,Eligibility 1/22/07). Control of the Board has been key to reversing Public Access and the City equipment being used and run for "equal access"for all local residents for community needs to become Public Access for the few. Section IV:NEW BYLAWS ADOPTED THROUGH EMAIL"VOTES" By January 2007,several Board members tried to hold Board votes through emails. Board member and Executive Director voted against the motions being made and wrote"if these are even legal".Board member Leslie Beare objected to voting through emails that were sent almost randomly from one Board member to another. This has been justified several times by calling this"electronic"voting"which is allowed"in the old legal Bylaws and the newer ones.Claims later were these votes to change the Bylaws and/or Policies and Procedures were passed by the Board at the regularly-scheduled meeting Jan.3,2007,which never happened.That was the first"dosed-door"Board meeting with most of it taken up with Board Chair Todd Leal and Treasurer Cinthea Coleman (Mr. Leal's partner in Los Osos and on Channel 2's"Toddster"show) trying to get Board member Bearce to resign. When she refused after nearly an hour, Mr. Leal said, "1'll put you on probation"and banned her from emailing members. Ms. Bearce had emailed to a few producers she or her daughter, Christina,volunteer for and to the Board members just before the meeting a notice of secret email votes taking place.This upset Ms.Coleman and Ms. Lightfoot and resulted in the Board trying to get her to resign in a"dosed-door"meeting later justified as "personnel"being discussed. Board member Annie Steele went to the Charter studio where Charter Director of Operations Mark Eichenberg had sent members wanting to go to the Board meeting and stated, "We're not violating the Brown Act." Section V:BOARD MEMBER"REMOVED" ILLEGALLY BY UNANNOUNCED BOARD"VOTE" "Article III—Directors "Section 5 Vacancies "b.The Board of Directors may declare vacant the office of a director who has been declared of unsound mind by a final order or count,or convicted of a felony,or been found by a final order or judgment of any court to have breached any duty under Section 5230 and following of the California Nonprofit Public Benefit Corporation Law. c.Directors may be removed with cause by a vote of a majority of the votes represented at a membership meeting at which at which a quorum Is present" At the January 3rd 2007 SLOCOPA Board meeting Board member Leslie Bearce was asked to resign from the board by Chair Todd Leal. No reason was given except that board member Leslie Bearce had sent to other SLOCOPA members emails informing them of board actions that might be against the Bylaws of the corporation. In other words Ms.Bearce was acting as a"whistleblower" When Board Member Bearce refused to resign after being yelled at by Board Member Cinthea Coleman and harassed by Board Member Gail Lightfoot, she was told by Chairman Leal that he was putting her on probation,she was not to communicate with any members of SLOCOPA thru email. This probation was not voted on by the Board and as can be seen by the two sections quoted probation is not a provision in the SLOCOPA bylaws. In Feb.of 2007 Board Member Bearce sent an email stating that she was glad to hear that a majority of the Board Members felt that her adult children Christina& Robert Bearce(who had been banned from having shows)could have one show a piece. According to Board Secretary Lightfoot because she had sent out that email had lost her Board position. Although it clearly states that a board member may only be removed by the vote of a majority of the membership or had a judgment against them in a court of law. At the January 2007 General producers meeting it was announced that Board Member Bearce would not have to run for the board since her term was not up yet. But, by the March election her position on the board somehow was given to Justin Purchin with no announcement. Leslie Bearce feels that she was illegally removed from the board as a punishment for being a "whistleblower" Leslie Bearce also feels that she has been discriminated against as a female and abused by other board members in an effort to ruin her credibility among the producers at Channel 2 and even in the community. She has been told by producers whom she has known for years that they were lobbied by Charter Public Access Staff(Kristan Mulgrew)and Current Board Member Garret Kmich to sign a letter against her in an effort to get her off the board and off the channel because she was helping minority producers who needed help to get their shows on the channel and diversity of opinion,etc. Section VI:OLD LEGAL BYLAWS IGNORED OR THROWN OUT Later, Ms. Lightfoot has written and sent out"Newsletters"or other emails claiming that the new Bylaws were approved by the members on"l/22/07". But when City staff or City Council members see video tapes of that meeting, no motions or votes were held by anyone. Ms. Lightfoot simply tells members in a"report" what the"new Bylaws"are. In one email she writes a new rule and sends it out as"a caveat"she just thought of.She refers to herself as the"author"in other emails available. C Section VII:FIVE OF SEVEN BOARD MEMBERS ILLEGALLY APPOINTED OR"ELECTED"Five of the current seven"Board" members are not legally qualified to serve on the SLOCOPA Board based on both the"new Bylaws"that SLOCOPA Board members claim were"approved"at a General Meeting on 1/22/07(see below)and submitted to the City of SLO by SLOCOPA recently. The new and old Bylaws state: "ARTICLE V—OFFICERS "Section 2 QUALIFICATION AND ELECTION "Any person who is a member in good standing of,and has demonstrated commitment to,SLO County Public Access by attending and participating in meetings for a minimum of one full year may serve as officer of this corporation." Vice Chair Michael Passarelli had resigned as Charter Public Access supervisor April 2004 and did not attend a single Public Access meeting until coming to a November 2006 Board meeting to read a 3 page letter accusing the Board of allowing"ghost producers"to exist and other accusations proven false. Before that, he had not been to one meeting. Board member Garrett Kmic h resigned in mid-2004 and was not allowed per SLOCOPA policies to participate in Public Access in any form until he requested being reinstated. He officially did that at the August 2006 General meeting. He was officially reinstated at the next Board meeting of September 2006 but still did not regularly attend Board meetings until later. He did come to one or two Scheduling Committee meetings to represent client(s)after that but was not "attending and participating in meetings for a minimun of one full year." Board member Justin Purchin was appointed to the Board in late November at a meeting that was not a regularly-scheduled meeting and maybe then again at a December Board meeting(Board meetings were suddenly scheduled that weren't regular meetings). He is on record stating he does not do a regularly- scheduled show or having come to meetings for at least a year. Also, he was appointed to a"general"Board position, making his position an eight Board position while the Bylaws allow only up to seven. The Vice Chair position remain empty after Vice Chair John Kert resigned earlier in 2006. Mr. Purchin is on record as well as other Board members that he was never the"Vice Chair"or appointed to that position. Annual dues were raised from$10 per year to$50 at the January 2007 General Meeting. But the Bylaws state: "Dues can be changed at the annual meeting on a vote of 25 members or one-third of the members. (Rev. 10/05/05 and 01!22/07)" The annual meeting is in March of each year and there was no vote from members on changing or raising the annual dues.SLOCOPA has been collecting the$50 annual dues since January 2007. Board Secretary Gail Lightfoot was appointed to the Board in Sept 2006 to replace Board Secretary Jason Reed who was elected in March 2006,who resigned by Sept 2006. She announced at the Jan. 2007 monthly General meeting of 1/22107 that Board member Leslie Bearce(elected March 2006 to a two-year term)and Chair Todd Leal(elected March 2006 to a two-year term)were the only Board members then serving who did NOT have to come up to election in March 2007.This was so it would be dear what Board positions were open for election. As stated in the Bylaws(including in the old 2005 Bylaws),appointed Board members have to come up for a vote of the members at the first annual election meeting after they are appointed. Mr.Purchin and Ms.Lightfoot were appointed and,as Ms. Lightfoot announced to all members present, were required to be put up for a vote if they wanted to remain on the Board. Section VIII:DISCRIMINATION AGAINST MINORITIES AND YOUNGER MEMBERS INCLUDING BEING ON THE BOARD OR VOTING Control of who gets nominated,who is"qualified"to run for the Board,who can vote has resulted in discrimination against certain races or ages of members. The number one reason for changing the Bylaws and rules was for"faimess", yet the first accusation of unfairness was from an email from current Board members Garrett Kmich and Irene Matta stating they found"ghost producers"that Ms. Matta's daughter,current Board members Monique Matta and Michael Passarelti would identify as minorities they claimed didn't even know they were hosting or producing shows and"the Bearces"were appearing alone on their shows without them. This false attack on minority producers continues to today. It is key because older, non-minority producers have been told about this and even that they were going to lose time slots to these"new"people the Bearces were allegedly using for their own time slot gain. But even when minority producers were appearing on Channel 2 and coming to meetings and protesting this hurtful false charge,Chair Leal and others continued to use it. WITHOUT rr,THERE WAS NO REASON GIVEN TO CHANGE THE BYLAWS AND POLICIES IN SECRET EMAIL VOTES WITHOUT THE KNOWLEDGE OF MEMBERS. No nominations meeting In January means more discrimination and no"equal accessn The annual"nominations"meeting is in January of each year per the Bylaws. SLOCOPA member Irene Matta asked at that meeting (which was recorded)when the nominations were going to start. Chair Leal stated after Public Comment Public Comment was held,then the meeting ended when Board members got up and left the building it was held in. No nominations were held as required by the Bylaws. The regularly-scheduled annual meeting for elections has always been held per the Bylaws on the third Monday in March. But Chair Leal stated to three members a week before that he wanted to move the meeting up a week because he couldn't.be there due to work Yet many members could not attend and vote on such short notice. Nominations were then held just minutes before the annual election meeting. When Chair Leal announced "nominations"would now be held,one member asked loudly,on tape, "For what?". Chair Leal stated, "For nominations"for the Board,which seemed to surprise most of the members there. It's possible that nominations can be made after January's regularly-scheduled membership meeting up until the nominations, but that would result in no notification to members or potential candidates as to who is running for the Board until just a minute or so before the election starts. Video records show that Board Treasurer Irene Matta was never nominated for Treasurer by anyone. She had been nominated for a General Board position in February but not in January 2007. But not for Treasurer. Incumbent Board Treasurer Cinthea Coleman was nominated in Feburary but not in January and was appointed as Board Treasurer in Sept. 2006 as was required to come up for election in March 2007,which she did.She received one vote. Ms. Matta was not even on the small yellow ballots Ms. Lightfoot handed out to some member to fill out but she still"won"the election with more votes than anyone listed on the ballots for any position. Ms. Lightfoot announced the results after opening up each ballot as members handed them to her,but changed the results when she emailed out the"results"the next day or so later. Ms. Matta got 24 votes. Section IX:CANDIDATES FOR THE BOARD BANNED; MEMBERS BANNED FROM VOTING Banning of candidates for the Board: Two members legally"in good standing"as members of SLOCOPA were banned from running for the Board."The Underground"music show host and producer Anthony Bolin received a letter from SLOCOPA's Board banning him as a member. He is also the Chair of the Program Review Committee that monitors the accurate playback of shows,a Charter trainee for the"Trafficing Coordinator"position as a back up to Charter's Kristan Mulgrew and member of the Scheduling Committee. He was banned for"90s days"for being"disruptive"at the Feburary Board meeting for coming in to an open Board meeting with other members there to video tape for about 1 minute or less. Other members were allowed to do much more than that and no banning or reprimand.That video was put on Google by SLOCOPA Board and is still there for viewing. Member Richie Zaitz stood up in the same place as Anthony was at and spoke without permission for at least two minutes on subjects of concern to him about the SLOCOPA Board and was not banned or"put on probation"or warned. Member Elliot Gong was among eight members banned, warned or put on probation in writing for coming into that Board meeting to see what was happening for about a minute. Member and candidate for the Board Prez Washington was given written notice at the March special meeting in 2007 and banned from running for the Board despite being nominated in February 2007f. Mr. Washington was nominated to run for Vice Chairman along with Michael Passarelli,Jose Lemus. Peggy Penny was a write-in. Mr. Passarelli got 17 official votes. Ms. Lightfoot's husband, Richard Venable was also nominated but by March withdrew. Banning of members from voting: Along with changing the annual election by moving it up by a week with little notice, several members in good standing"were simply not given ballots when Ms. Lightfoot walked around the room to hand out the orange ballots. Chair of the Scheduling Committee Christina Bearce had to ask, "Why can't I vote?"to Ms. Lightfoot as she walked past her.She had to ask the Board that but was ignored. When long-time producer and SLOCOPA member"in good standing" Ron Bearce asked, "Why can't my daughter vote?", Ms. Lightfoot stated loudly, "You're out of order." When he brought up"Roberts Rules of Order4 to ask procedural questions,she and Treasurer Cinthea Coleman stated loudly he was"out of order"or"No!"when asked if he could ask that question_ Board member in good standing"Leslie Bearce was not given a ballot. Members were told at the January 2007 meeting that if people paid their$10 annual dues by Jan.31, 2007, they would be allowed to vote at the March meeting. But none of them were given ballots. Members"in good standing"who had been SLOCOPA members for over a year were not given ballots. When members asked why that was,they were ruled"out of order"by Ms. Lightfoot or Ms.Coleman. Chair Leal didn't say much but occasionally,"No."to requests such as will the Board follow the Bylaws or allow"equal time"or"rebuttal time"to accusations made by Mr. Leal or Ms. Lightfoot to start the meeting. Section X:THREATS IF SPEAKING OUT AGAINST THE BOARD No rebuttal time or equal time given Each time members replied to unfounded charges made by Board members in the news media or on Channel 2, Ms. Lightfoot sent out her"Newsletter"she writes to wam members from mentioning SLOCOPA or Charter or speaking ouL Each warning was followed by bans on specific producers'shows who spoke out or were whistleblowers. Fear of losing shows was expressed by longtime producers Peggy Penny and Robin Smith on KVEC's Dave Conga!ton Show on May 15th and 16 in 2007.(See KVEC "podeast"website.) Chair Leal and Ms. Lightfoot began the election meeting half an hour late(email and notices posted at Charter stated a 6:00 pm start),then began an"introduction"that lasted t 0-20 minutes to the election meeting in which SLOCOPA members were attacked by name on false grounds(see video and other records). Member Ron Bearce asked for"a point of personal priveldge"to ask if"equal time"or"rebuttal time"was going to be given.Treasurer Coleman and Secretary Lightfoot throughout the meeting would take the gavel from Todd, hit it repeatedly on the table in front of them or state loudly,"You're out of order"or other similar statements when members tried to ask procedural questions. But Chair Leal Beady answered at this time to Mr. Bearce,"Yes"to the question if members would be granted"equal time"and"rebuttal time",to which Mr.Bearce answered, "That's all I wanted." I, Yet later, members tried to use the same microphone that Board members or their supporters used(to state anything they wanted). Other members were immediately cut off or ruled°out of order"by Ms. Lightfoot or Ms. Coleman or Mr.Leal (see video records). There didn't seem to be much of a real"order"to be"out of,according to witnesses and the video tapes. "Public comment"was actually on the agenda. Ed Moss and Board supporter came to the microphone to point out on the agenda that public comment was after the election was over, but even then it was never allowed to happen. The meeting"ended"just after Gail Lightfoot announced the results she, Mr. Moss and Mr.Venable compiled on the table in front of them.The Chair Leal walked out of the room but no announcement of the meeting being over or when"Public Comment"would be held. When some members earlier wanted to ask about the nominations,or to nominate someone,or to talk,the meeting was declared in"recess"and the"election"seemed to be over. Despite being in"recess", members could still not talk openly at the meeting.Yet Charter staff member Kristan Mulgrew was able to use the microphone to announce the end of the voting and for people to tum in their ballots before leaving. Section XI:GOVERNMENT FUNDS AND THE POLICE FORCE USED TO INFLUENCE NONPROFIT BOARD ELECTION Many members were leaving because"911"was called by Cinthea Coleman through her private security guard. Despite five County Sheriff Deputies called and many members leaving,the"election"and voting continued,even after the deputy in charged yelled for everyone to remain calm or he'd start arresting people. The 911 call made the local police feel a serious situation had arisen in the local Jewish temple on Los Osos Valley Road,where the meeting was held. Board members were asked, including Ms. Lightfoot, Mr. Venable (past SLOCOPA Vice Chair and wife of Ms. Lightfoot)and member Ed Moss as Libertarian Party board members, if this was an appropriate use of government funds and police power.They all ignored the issue and kept the'election'going. Later,the temple officials asked SLOCOPA to not return to their building for meetings.On KVEC radio, Board member Passarelli stated they had been"kicked out"of the building. Section X11:OPEN MEETINGS, EQUAL ACCESS, PUBLIC COMMENT all denied Equal Access Denied "Equal access"and nondiscrimination are key parts of the City of San Luis Obispo's contact with SLOCOPA, and have been denied in many ways now.(See Attachment B, "Policies&Procedures,Scheduling 112=7) The"wife"penalty—Despite agreeing to terms that allow all local residents to be treated equally, SLOCOPA now has a"marriage penalty". If two people are living together but not"officially"married or a "family",they can have their own shows. If adult children of a married couple aren't living with family,they can have their own shows. But under new"Bylaws"that weren't voted on by membership or approved by the Board at a regularly- scheduled and announced Board meeting,and written almost entirely by Ms. Lightfoot, according to the records,a wife who's husband has two shows can't have any shows herself. Neither can her children unless the wife divorces her husband. Since no proof of being a wife or"family"member is asked for,people married or members of the same family with different last names who give different last names can simply have their own shows. The"family"penalty,not equally applied—Also,the Irene Matta family had three shows of three different last names(see schedule),a half-hour"Christianity In The New World",an hour-long second religious show called"Orthodox Christian Ministry"and a third half-hour show called 'The Culture Club".Charter's Ms. Mulgrew ran the religious shows in the"Debut Showcase"almost weekly many months in the last year or two as a"bonus".She also recently ran a Greek Orthodox Church professional"import"tape as an"extra" for the Matta family. Yet the Bearce family was denied any shows after six years of donating their time and own money to help put around 1000 local people on Public Access. Leslie Bearce was told since her husband had"The Six O'clock News°and"SLO Issues"that she and her adult children,Christina and Robert,could not have their own shows anymore as of Jan.31,2007. Yet even when both their parents were banned from Charter in March 2007, Robert and Christina were still banned from being producers anymore.Various reasons were given that weren't per any Bylaws, new or old, each time a number of members appealed these rulings. City contract of"nondiscrimination"on"access"vs a new"Training classes"penalty—The classes had been free for years and were in 2006 set at$5 per class. Now they are$30 for each class with up to five classes possibly required. Despite members taking classes as required just last year by SLOCOPA to use City of San Luis Obispo equipment,the Board voted to require every producer but a select few to retake the classes.(See Attachment C, "City and SLOCOPA Agreement,Section 1 C") Even with discounts, all these new classes cut access to previously-free equipment and even the channel itself. The classes are now one hour long,three Saturdays in a row. Even if someone checks out to show he or she knows how to use the equipment safely,everyone but a few have to go through the classes again. Announcements of the classes are being run by Charter and SLOCOPA in many of the empty time periods that banned producers'shows used to run in. But the Board also stated through Ms. Lightfoot s"Newsletter"and in other emails that"seating"is"limited" to four people. If the announcements produce dozens of requests to take classes,the only alternative is to hire the people doing the classes for private lessons. Board member Kmich each Newsletter offers his services for training for"$50/hr"and has stated in the Newsletter 01 won't do it for free." Member in good standing Christina Bearce offers her continued"free"training for anyone needing it, especially if they can't afford Mr. Kmich or his business partner,Zeke Turley,who is now getting paid by the Board to do the training classes. Mr.Turley has not been involved in Public Access except for one month where he had a show put on in 2003 that lasted maybe on episode. He did attend one Scheduling Committee meeting then, but hasn't been back to any meetings since. Mr. Kmich wrote how fortunate it was that Public Access now has Mr.Turley teaching the classes. But if there is too much promotion on Channel 2 for training and very little room in classes,the equipment provided by the City of San Luis Obispo could end up being used to pay a few without hardly any new shows being allowed on the channel due to all the requirements now in place. "Equal access"should be given to people who can be shown to know how to handle the equipment safely. Also, insurance covers lose or damage,and no one will answer a question when classes were$5 was any equipment lost or damaged. And each person checking out the equipment is required to sign a statement that he or she is financially responsible for that equipment. Limits to new producers shows Emails or Gail Lightfoot"Newsletters"have gone out stating the"new producers"will received only one 30- minute time period once they go through many new steps to get a new show on. Without a Scheduling Committee,there is almost no where for new people interested to go.The new SLOCOPA phone number promoted in all the empty Channel 2 time periods now goes to a voice recording of Garrett Kmich.Will very few new people get time slots or even training through SLOCOPA and have to hire a paid technician like Mr. Kmich or his business partner, Zeke Turley now?(See Attachment C, "City and SLOCOPA Agreement, Section 1 C";emails available H needed for any of this for further documentation.) Board meetings held unannounced and/or in secret locations Board member Passarelli stated on KVEC radio that the Board's first meeting after the March 2006 "election"was in early April.Yet before that,the new Board voted to ban a four producers and warn three more sometime in March. It has never been disclosed where the Board met, who was there,what was discussed and voted on in all. A Board meeting happened on June 23,2007 at some undisclosed location to vote in new fees for Public Access training classes and to pay one or two people to give the classes. Section X111:NO MINUTES OF MEETINGS OR OTHER RECORDS NOW KEPT OR RELEASED CONCLUSION Minutes of meetings lost or no longer taken; recordings of meetings banned In past years,video or audio taped recordings of meetings were kept by Founding Board Secretary Leslie Bearce. Even after Ms. Lightfoot was appointed, up until about mid-2006 or so,fairly accurate minutes of meetings were kept and emailed out to members. Then by 2007, Ms. Lightfoot stated in an email that she and her husband"Dick"can't record the meetings and write notes,for some reason.Then she claimed her notes aren't accurate but does the best she can. (Note:All the email references in this report are being complied and are available to City staff or others.) Member Carlton Brown as asked to be appointed to the Board in 2006 but was denied despite being"in good standing"and qualified and very involved. Instead, someone who just started coming to meetings was appointed in Dec.2006,Justin Purchin. Yet Mr.Carlton has asked several times overmany months to about April or May of 2007 for complete minutes of past meetings to prove why the Board did not appoint him or anyone else of minority status to the Board,especially those requesting it in 2006. No minutes were ever sent out or produced as they used to be, often the day after meetings. He finally was told the only way for anyone to get minutes of meetings (which were NOT included in any reports to the City of San Luis Obispo?)was to go to a private meeting with a Board member to look at minutes but not get any copies of them CONCLUSION: Once City staff and the City Council sees all the evidence and emails available,a complete investigation has to be done. It is possible that the funding for this nonprofit has to be suspended and as the new nonprofit is established in direct cooperation with the City of San Luis Obispo and involvement of the community as a whole,with Bylaws written to prevent such a similar special-intersest takeover that local Public Television will come out stronger than ever,with the entire community involved in making this a great, powerful force for good in our Central Coast area. DIAD Caudy Public Access,Imc. i„\_ ___.bcfve J=22,2W! OPERATING POLICIES 6 PROCEDURES Eligibility Public Access equipment and facilities are available to Residents of the County of San Luis Obispo and any additional service areas of the SLO Charter Communications office. Employees of schools, businesses, and government in the San Luis Obispo County area residing outside of the corporate limits of San Luis Obispo County providing programming that relates SIA County. who • Have completed the appropriate training and/or classes for operating equipment, and/or • Are certified to use equipment by another means or on site demonstration, • Are dues paying members in good standing of SLO County Public Access, Inc., • Produce programs for non-profit, non-commercial purposes for transmission on the public access channel, • Obey all rules and regulations adopted by SLO County Public Access, Inc. and/or Charter Communications, Agree not to discuss Charter Communication or SIA County Public Access, Inc., its business, members or producers or make any disrespectful statements about other producers, programs or SLOCOPA in public [other than as part of a public meeting convened for that purpose] or on any program intended for transmission on the channel. Ana/or If under eighteen (18] have a qualified parent or guardian co-sign all required documents. The co-signer is responsible, along with the user, for all costs, which may be incurred from damage to facilities and equipment other than normal wear and tear. There is a minimum age requirement of twelve (12) years. These conditions may be waived for school classes conducted by a teacher or administrator who is a qualified access producer or who is under the direct supervision of SLO County Public Access, Inc. EQUIPMENT AND FACILITIES USE Video production equipment use must result in programming for SLO County PEG [Public, Education and Government] Access channels. Users are responsible for the proper care of all equipment and facilities. Smoking, eating, and/or drinking [other than a covered or capped plain water container for speakers] are not allowed in the Charter Communications Public Access studio, control rooms or editing facilities.. SLO County Public Access, Inc.'s Board of Directors and/or Charter Communications system management has the right to refuse or discontinue use of facilities and equipment for a specific period of time by any person who appears to be under the influence of alcohol or drugs, not in full control of his/her behavior or who engages in inappropriate conduct including discussing SLOCOPA business or making disrespectful statements about other producers, programs or SLOCOPA on site [unless they are in a mtg and remain in the mtg room], in public or on any program intended for transmission on the channel. Producers are responsible for ensuring that all crew, talent, and guests obey all public access Policies and Procedures and are fully responsible for the actions and behavior of all crew members, talent, and any guest(s) . Public Access channels are strictly limited to non-commercial use. 5 of 12 221/2007 A�02,h fyv* SLO Comity Public Access,Inc. eve Jan 22,2007 SLO County Public Access,Inc. SCHEDULING Scheduled cablecast time is available, to properly certified and/or authorized producer/members in good standing of SLO County Public Access, Inc. • No individual, family or household, connected group of individuals, organization or otherwise legally recognized entity or nonprofit shall have more than two programs on the weekly schedule. • A Sponsor is a person who acts as the agent for a video production created by others elsewhere [not within the SIA Charter Communications service area. • A Producer [see definition above] must provide 1008 of the content of his/her own scheduled show. [this includes scripting, shooting, hosting and supervision or approval of all editing] and personally submitting each program to the public access office in the prescribed manner. • New programs must provide a completely new material [not previously transmitted] as a completed, previewed program delivered in person by the producer to the designated individual for transmission on Debut Showcase with all 'required forms and membership dues. At the end of a trial period, they may request a regularly scheduled time for their program. Such requests must be submitted in person to the responsible individual responsible who will see to the assignment of available time or place the program on the.,Waiting List. • No producer shall be seen or heard on another producer's program on a regular basis. A producer or Host May make a total of 2 appearances on another program per calendar year. • No program may interchange more than 3 to 5 minutes of footage with another program that is currently being cablecast on Channel 2. [This can be 3 one minute clips or any other combination not to exceed a total of 5 minutes.] • No program may be cablecast more than three times per week, more than once in a single time period. The time periods are 6am to 12pm, 12pm to 6pm, 6pm to 12am and 12am to 6 am. No program or different programs with the same Host[s] may be cablecast more than once per day. Exceptions may be granted by SLO County Public Access, Inc or Charter Communications for programs considered in the public interest. • Each scheduling request shall include a first, second, and third choice time of day and day of the week. Producers and Sponsors agree to accept any available time on the current Schedule. Once any time is assigned, the producer must then rank each time as their first, second or third choice unless they wish to have their original request placed on the Waiting List. • Every 30 days a new episode of a program must be turned into SLO Public Access o (regardless if it is a daily, weekly, bi-weekly, or monthly submitted program) . o If a producer cannot submit a new episode of their program, they may submit a previously submitted episode to hold their scheduled time for 10 days. When the show is delivered during an extension period, the show will cablecast for 30 days from original due date. • No single previously aired episode may rerun for more than 10 days at a time. • Scheduled times shall be relinquished if the programs are not submitted in a timely manner. • A producer may not lend a time slot to another producer or show. 8 of 12 221/2007 SLO Comity Pabfic Access,his, cave Jam 22,2W7 No producer or host of any program shall discuss or allow any guest to discuss SLOCOPA business or make or allow any guest to make any disrespectful statements [actions or words that injure the reputation, integrity or purpose of the Corporation] .about other producers, programs or SLOCOPA on any program intended for transmission on the channel. Violation of any one of the policies outlined above may result in suspension of SLOCOPA membership- [Suspended members' programs will not be transmitted on the public access channel] . Scheduling priorities SLO County Public Access, Int.'s Scheduling Cmt or Board of Directors, will maintain the following general priorities for scheduling programming on public access channels: • Locally produced: A locally produced program' is defined as any program produced by a certified SIA County Public Access, Inc- Member/Producer in which a majority of the program is videotaped or cablecast live in the local area or edited in its entirety by a SSA County Public Access producer or member using either 4heir own or the Public Access services; facilities, and equipment. • Diversity of Program content, focus or theme [She FCC definition of diversity is antagonistic and opposing viewpoints. In other words different ideas and opinions matter most.] • Production quality • Diversity of Producers and Sponsors: [In this instance, diversity means that different, separate and distinct individuals' produce, sponsor and/or host each program submitted for transmission on the channel. in other words, each program is conceived and produced start to finish by one individual with a vision or concept they wish to bring to the viewing audience.] • 5. Imported programs Inports will be cablecast during otherwise empty hours or as scheduling of local programs permits- (defined as `produced elsewhere' and submitted, sponsored, by a local resident/sponsor] Telethons SLO County Public Access allows for four telethons [one per quarter] each year. The Guidelines for telethons are: • A group must be a nonprofit organization within San Luis Obispo County and any additional service area of the SLO office of Charter Communications. • A Proposal must be submitted to the scheduling committee at least six months in advance of the telethon. The proposal must contain the following: • Date and time [not more than 10 hours] of Telethon • Location • Purpose • Nature of the nonprofit organization • The names of the production crew • Federal Tax ID # Waiting List A producer may request any change in their program or how it is scheduled. A program must be on the existing Schedule for 6 months before being considered for any change. 9 of 12 2212007 Agreement with SLO County Public Access . Page 3 SLOC A, pursuant to this Agreement, SLOCOPA shall following services: ` A. OPERA LE21L&IC ACCESS CABLE CHANNEL. Operate the public access c e channel for publictcommu I ccess programming purposes in a manner which is consistent with the principles set forth i rdinance No. i 278 with the primarypurpose being to a r coordinate, and assist those requesting access on a nondiscrimioatnry basis. B. OPERATEA COMMUNITYACCESS CENTER. Manage a video reduction facth and equipment, avails a or public use at suc hours and times as are determined by SLOCOPA. Access to equipment and facilities shall be open to all those who safisfactorily complete training class(eskprovided by SLOCOPA C. PROVIDE Provide access to the use of the equipment, fact sties, channels, and services provided hereunder on-a non-discriminatory basis o all ers o e community:o -commercial in es individu rou s or organ' afions, on irst-come, first- serve - is rims story basis, pursuan o operating policies and cedures romul ated b SLOCOPA and consistent with the principles set forth i OrdifSance No. 127 . D. DEVELOP OPERATING POLICIES AND PROCEDUWS. Subject to Ci approva develop policies and procedures for use and operation o e public acc ss equipment, facilities, and chanwel and file such policies an& procedures with the City. E. COMPLIANCE W1TH LAWS RULES, AND REGULATIONS. dminister tai tc access channe nd facilities in��or��ance witTi applicable aws�ules, r�andttons, and in tAmpliance with the(> nce�Vo..1278 d t e frar�che rig eement between the City and Charter Communications. F. T i C' r n the techniques of video production, and rovide technical advice to a uctio . G. PLAYBACK/CABLECAST. P or the pla back/cablecasting of programs on the public access channel. Within twe ve months of the mple on an access ter,SLOCOPA shall cablecast an average of fifty-six ',,.,�6) hours of local original, replayed and outside programming per week ei hours/dav eek). H. MAINTENANCE OF EQUIPMEN Provide regular maintenanc nu repair of all video equipment purchased with mint , re i'ved pursuant to this Agreement. I. SPErraiFQ,S OUPS special needs groups, including but not limited to those with hearing impairments, in program production through M tl i I May 30, 2007 Dear City of San Luis Obispo (Audrey Hooper,et.al.). I am writing this letter to you regarding my personal experiences with San Luis Obispo Public Access Television,Inc. (SLOCOPA). I have been a volunteer producer for Charter Public Access Channel 2 since 2001, when I was only 14 years old. In the last 5 years,I have continued to volunteer on over 22 programs. The vast amount of time spent has been completely voluntary,with no financial compensation whatsoever. Since I have nothing to gain in submitting this letter(other than speaking up about things which I think are unjust), I would ask that my concerns be examined as legitimate. Recently a number of alarming events have occurred which I believe should be investigated by the City(since the City of San Luis Obispo has a contractual relationship with the group). My main issue is the recent and suspiciously"convenient"disbanding of the Scheduling Committee subsequent to the election of a number of new officers who were critical of the policies of the SLOCOPA Board. I truly believe that this unprecedented action was another example of the SLOCOPA Board attempting to gag any democratic dissention or debate about important issues. On January 23rd 2007 at the Scheduling Committee meeting at Charter Communications on Bridge Street,there was to be an election for a new chair for the committee. I was nominated(at the time I was the Secretary for the Scheduling Committee). Another individual,Ed Moss,was also nominated. The Committee Chairperson at that time, Jose Lemus,asked Ed Moss and myself to leave the room while a quorum(majority)of the committee voted.After a little while,he called us back in.Jose Lemus announced that I had won and everyone congratulated me as the new chair(I was later told that this had been a unanimous decision). The committee then agreed that Ed Moss could be the Vice Chair. Monique Grajeda was elected the new Secretary. I asked Jose when I would take over as Chair of the committee and he said"at the next meeting". Gail Lightfoot, Secretary of the Board and Todd Leal,Chair of the Board(who were also present at this committee meeting)then said that we should wait until after the election of the board members before switching Chairs. That has never happened before in the past when a new chair has been elected to the Scheduling Committee since the new chair had always taken over at the next meeting.Despite this tradition,Jose agreed with Gail and Todd but said that I would run the next meeting and he would just assist me. On February 27th 2007 at the Scheduling Committee,Jose Lemus started the meeting.Jose asked if I could take minutes because the elected Secretary Monique Grajeda was unable to make the meeting. I agreed.He thanked me after that meeting for taking over as secretary because the newly elected secretary was unable to make it to the meeting. So,I was not the Chair for that meeting but I was also not the official secretary. I believe I was supposed to nm that meeting with assistance from Jose Lemus. Carlton Brown(a committee member)asked Jose when I would take over as Chair.Jose said that I would take over after the election meeting in March. Carlton brought up that this had never happened in the past when a Scheduling Committee chair has been elected.Jose said"Christina will run the next meeting". In February,Jose Lemus started sending out emails to the Committee members and Board members making accusations that I would not be"capable"of naming a Scheduling Committee meeting. He sent one email(see attachment A)addressed to Todd Leal Chair of the Board,that he also sent out to the Committee members that stated that the Board should make Ed Moss the Chair of the Committee instead of myself.He also sent me an email suggesting that I wasn't "committed to Public Access"or that this was"too of a burden"for me. This was an insulting suggestion which called into question my abilities,especially since I was the only one on the Committee who has been on it since it began in 2001. 1 also believe that because of my young age(19 at the time)that this was an"ageist"statement and another example of discriminatory actions with the group. After the Committee members saw the email that Jose sent to Todd,they sent out their own letter(see attachment B)stating that the vast majority of the Committee had full confidence in me as Chair and wanted me to carry out the duties of the position I was elected to fill. In response to this vote of"no confidence"critical of the Board's actions,on March 24th 2007 Board Chair Todd Leal sent out an email(see attachment C)stating that the Board of Directors decided that"no further Scheduling Committee Meetings will be held"until the Board determines its next step in regard to scheduling programs on the channel. This was sent out the Saturday before the Tuesday Scheduling Committee Meeting. No formal phone calls or letters were sent to notify the"new"Scheduling Committee Chair and members of this change. Then on May 9th 2007,at a meeting for new producers, Secretary Gail Lightfoot stated that there is"one person in charge"of Scheduling television programs now. This was an official confirmation that the Board had disbanded the elected Scheduling Committee and had no intention of reinstating it. From what I understand,parts of the City contract necessitate the existence of the Scheduling Committee to ensure that new producers can submit material and have"equal access". I believe there are other parts of the contract which also reference the activities of the Scheduling Committee. So it may be the case that SLOCOPA has violated the contract by disbanding the Committee. I find it suspicious that the SLOCOPA Board disbanded the Scheduling Committee less than three days before I was to begin running the meeting(and days after the Committee members took a vote of"no confidence"in the previous Chair's actions).I feel that this is part of a bigger pattern of the SLOCOPA board to eliminate the involvement of anyone critical to the Board's policies. I feel that having one person in charge of scheduling does not make it a fair and unbiased democratic process. I have faith that the City can help make Public Access again for the public and not a few self interested people. Thank you for you time. Please feel free to call or email me if you'd like more information. Christina Bearce,Director/Editor,Former Producer 704-5597 cmbproductionspgmail.com From the President of the L_ard of the Sharing The Drea nonprofit Concerning the Charter Public Access Channel 2 May 20, 2007 To San Luis Obispo City Authorities: I am President of the "Sharing The Dream" nonprofit Board of Directors . I founded this group 13 years ago. We have put on events honoring Martin Luther King's dream of bringing races and groups of people together. It has come to Sharing The Dream Board's attention that over the last eight months or more that the nonprofit Board of SLOCOPA or San Luis Obispo County Public Access has not been following the group's Bylaws, rules or policies. I sent an email months ago to this group's Board and members about my concern over actions I was observing. Since then, much of this has gotten worse. Among the many concerns of Sharing The Dream nonprofit Board members is that "Equal Access" to Public Access (for all) is not being followed. Our Sharing The Dream nonprofit is a member of the SLO Chamber of Commerce and was recently welcomed into the Chamber with a special ceremony with membership certificates signed by SLO Mayor Dave Romero and Chamber President and CEO Dave Garth. Our Vice President, Carlton Brown, is on the Chamber Diversity Committee. Many of our Board members have become members of SLOCOPA over the last two years or more. I am a producer and host. We all have enjoyed learning to be producers and hosts of shows like my show, "Diversity On The Central Coast", and and our Vice Presidents Carlton Brown's "Sharing The Central Coast Dream" show. Unfortunately, my show of"Diversity" was taken off the air in January 2007. It was put on a list called "DROPPED" shows. Shows violating SLOCOPA polcies remain on the air. Other shows meeting requirements have been "dropped" by Charter or banned by SLOCOPA. Despite attempts to place these shows back on the air that are top priority (according to the Public Access rules), none of these shows have been allowed back on the air. The concern is that producers who have spoken out against rule violations, minority producers being treated unfairly, false personal attacks at meetings, on KVEC radio, etc. are being banned from Charter's Public Access. Enclosed is a detailed report of documentation to show that equal treatment of all local residents is not a reality. Many of the Public Access producers who volunteer to support equal access, diversity, quality and local shows have been unfairly treated and even accused of unfounded activities and statements. Many false accusations have even been made in the local press, countywide radio (on KVEC last week) and at Public Access meetings with little or no chance for rebuttal or response to clear the records by SLOCOPA Board members. Please consider this matter seriously. The vast majority of SLOCOPA members appreciate the support from the City of San Luis Obispo. I am a resident of San Luis Obispo. Nearly all of the City of SLO producers have been treated this way. Few producers knew about maybe years of behavior or activities from a few Board members that you may have experienced in email or phone calls to you. A few people quietly stepped into empty Board positions of SLOCOPA and have been conducting months of secret, unapproved activities now documented. I understand other producers have reports to tum in, including Patrick Germany of his "Cultural Collective" group. He is pictured in our Sharing The Dream photograph in the Mission Plaza Chamber photo. Many people hope that this will be straightened out with the help of the City of San Luis Obispo. If SLOCOPA can be fixed or support for a new legally-established nonprofit is what it takes, then that is what we'll find out. Thank you, Michael Lovegene President, Sharm The Dream nonprofit PO 8 0> S` o 3 From the President of the Board, he Sharing The Dream nonprofit Concerning the Charter Public Access Channel 2 May 20, 2007 To the San Isis Obispo City Clerk and City Attorney: At least I I local Public Access shows have been recently banned by a new Board of Directors for the San Luis Obispo County Public Access nonprofit (hereafter named "SLOCOPA") without hearings under newly-passed "Bylaws" that were never presented to general membership. Anyone opposing this new Board or Board members just off the Board have been threatened with their shows also removed. Others have been put on "probation" without hearings or reports written up. Almost any producer with a top "priority" show has had that show removed and replaced literally with "The Three Stooges", 1970s adult-content French cartoons (that air during the day), the silent "Bulletin Board", more religious shows, infomercial-type commercial tapes or even just black screens or misplayed shows. "Local", "Diversity" and "Quality" are the top priorities according to both SLOCOPA and all the "Producers Agreements" all producers signed onto over the last six years or more. A few people with low-priority shows took over the SLOCOPA and are pushing their agenda at the expense of the community. Please read through a detailed report from SLOCOPA members/producers/volunteers that is now available. It covers the following: •Multiple violations of the San Luis Obispo City contract with the San Luis Obispo County Public Access nonprofit (hereafter named "SLOCOPA") by SLOCOPA Board members. • Consistent and continuing violations of the Brown Act which DOES apply to nonprofits in: Section 54952(c)(1)(A): "PRIVATE OR NONPROFIT CORPORATIONS OR ENTITIES covered only if a) A legislative body delegates some of its functions to a private corporation or entity], as the City of San Luis Obispo has with the SLOCPA nonprofit corporation (some cities or counties nm Public Access through city staff; the City of San Luis Obispo DELEGATED ALL of its FUNCTION to SLOCOPA to maintain and manage ALL Public Access equipment and activities). • Admission of that the Brown Act does apply to certain nonprofits on live KVEC radio on May 18, 2006 (audio file included) by new SLOCOP Board members Michael Passarelli and Monique Matta • Bylaws rewritten only by Board Secretary Gail L ighfoot as a "caveat" and/or as the "author" or new rules; Ms. Lightfoot received an award for working "20 hours a day" to rewrite Bylaws with no member-or City Of San Luis Obispo review or input • Bylaws rewritten or ignored to allow four illegal Board members to exist and an eighth Board position to exist in late 2006 to March 2007 • Bylaws rewritten for a new "election" outcome despite Ms. Lightfoot announcing in Jan. 2007 (on video tape) that she and Justin Purchin were REQUIRED to nm for office in March 2007 • The banning of producers from Charter's Channel 2 and even Charter's facilities who are residents of the city of San Luis Obispo. •The banning of producers from Charter's Channel 2 and even Charter's facilities who speak out against all of this and other abusive actions • The censorship of Public Access shows based on content (other than on adult material, vulgarities, copyrights or illegal-activity content). •Banning all members but a select Charter staff or a few SLOCOPA members from attending all Board meetings; creating special pilings or rules that don't allow African-American members and many other minorites from being allowed on the Board. • Charter Communications and SLOCOPA Board members banning the Scheduling Committee for the second time in recent years despite it being a requirement of the contract with the City of San Luis Obispo; disbanding said committee when African-Americans become qualified for the committee and the majority of members elect an independent, veteran Chair. •Violations of"Equal Access" requirements of the San Luis Obispo City contract, nondiscrimination laws and/or contract requirements by the k, of San Luis Obispo. •An "Orientation" meeting for new and banned producers that includes why "race" is not "diversity", and why minorities are not needed to be part of or on Public Access. •Using the public media, press, radio and television to falsely attack innocent producers in violation of SLOCOPA's own newly-created policies and to put out into the community untrue, hurtful statements about SLOCOPA members. •The use of San Luis Obispo City funding through PEG Access funds that violate SLOCOPA Bylaw, the Policies and Procedures of SLOCOPA and the City contract with SLOCOPA especially by violating the "priority policies" for determining schedule times and earning more Public Access channels; "Local", "Diversity" and "Quality" have always been SLOCOPA priorities for shows, not "import" shows or self-promotional producers with low quality of production. •The abuse and even punishment of volunteer producers who have been targeted because of their local, quality Community Television shows of great "diversity" of race, ages, backgrounds, ideas, opinions, especially if they objected to the unfounded abuse or accusations against them or others. •Threats against producers who speak out against SLOCOPA Board members or others making false and very hurtful accusations or actions against innocent "whistleblower" Board members or general members. •The penalties especially against residents of the city of San Luis Obispo being falsely attacked by special- interest producers or paid technicians who are not residents of the City of San Luis Obispo; the City of San Luis Obispo is the only local agency to give funding to SLOCOPA Public Access. •Exemptions given to select producers that regularly violate SLOCOPA policies related to requiring at least 12 new shows each year (one every 30 days). •Exemptions given to shows that have contained adult material, vulgarities, copyrighted material or illegal- activity content aired during the day or at all in violation of SLOCOPA policies. • Fixing election outcomes by changing meeting times with little notice, suddenly banning certain Board opposition from running for the Board, banning select members from their voting rights, banning a duly-elected Board member from the Board without "cause" or following Bylaws or holding hearings, personal, unfounded character assasination. • Hiring private security guards (with security dog) and calling 911 and the police during the March 2007 election to intimidate any remaining opposition, silence membership and control the outcome of the "election". Note: there is more detaiUdocnmentation with copies of emaiila, witnesses' observations, video chips of meetings, etc. coming from Mr. Germany's report and that of other producers. Concerns from The Cultur. Collective group to the City. SIA On SLO Charter Public Access Channel 2 television Patrick Germany, 528-4944 hitmeslo@yahoo.com Founder The Cultural Collective sponsored the February Black History Mouth celebration in downtown SLO at the Farmer's Market in 2006 and 2007. Our featured guest speaker was SLO Chamber of Commerce President Dave Garth in 2007 and the SLO County Poet Iauert in 2006. Dozens of musical, dance, religious and cultural groups performed for hundreds of audience members. And many other events including the 2007 Veteran's Day celebration at the Morro Bay Vets Hall this year. To the SLO City Clerk, Starting in 19951 got involved in producing Public Access television. Seeing that diversity and people of color and youth were not on Charter Channel 2 much I invited diversity of people to come to Charter and learn to produce and host their own shows and work as a team to support SLOCOPA nonprofit. I got top African-American,Asian-American, Latino brothers and sisters to feel welcome at Charter and SLOCOPA. I had the top Afro-American leaders coming to Charter.The New Times featured Black History Month in 2006 with a full page story and picture of Abbey, a downtown businessman and participant The SLO Tribune had a big opinion piece by B.J. Davis, an African-American leader from Cal Poly. Leon Smith was the President of the Cal Poly Black Student Union and became a key part of Charter Channel 2.The Director of the Cal Poly Multi- Cultural Center, Black Engineers and many others joined. But terrible barriers were put up against"diversity"of race, age, etc. Even just opinions. All that started last February or January and got worse as the year went by. Any producer, white, black, brown, were ordered to not be on Public Access or come to Charter or run for office or other actions. Documentation of all this on video tapes, audio tapes, emails, people there has been gathered after months of hard work A lot of innocent people have been hurt only because a few people want free TV time for themselves to promote just themselves and have no diversity on their shows. "Diversity" is the PRIORITY in our rules after LOCAL. People are now getting to run the Three Stooges or adult material during the day. Or the bulletin board for many hours. And old shows that have run longer than allowed. People are afraid to speak out I called in to the 920 KVEC radio show after writing back and forth to some of these illegal (fixed election March 12) Board members who say African-Americans are too scary or minority shows are "ghost producers" shows or old, white people is the new definintion (or really old one) of"diversity". "Public Access"should mean that Not for Gail Light or Cinthea Coleman or others to have it for themselves. You should see the emails I get I don't have time for this. I have a family to take care of. Work to do. Please help us. We've tried everything 1 work with the Sharing The Dream group on some join events. 1 am sending the summary of issues many producers have put together including my experiences. After that is more details. All of this is documented.A video is going to be given to you so you can see our meetings. Yelling, swearing, fodng an "election", calling the 911 police while "voting", Charter staff there part of it all. I've seen how the Brown Act is supposed to be followed by a nonprofit delegated duties of a govemment These"Board"members call their secret meetings "Executive Sessions"and "personel"meetings and other Brown Act exemptions. But they talk about EVERYTHING. They first did it trying to get another Board member to quit! In January. They disbanded the Scheduling Committee months ago. No new shows can get on. Old shows banned can get back on. The City of SLO contract requires a Scheduling Committee. I was on that So were two other Afro- Americans. And other diverse people attacked for the last two years. All we ask is for these"board"members to be forced to sit down with those being attacked to present our facts and have them respond. THEY demanded "equal time"on KVEC last week!And they deny any of us that at our own meetings!All closed off or they give us the finger or swear and yell at us. All on video tape. And the emails! We want Charter to stop supporting these few people "100060! We want the priority rules put back in place. If these few people lose their shows do to rules and the import tapes did to THEM, the that's fair. But inventing new rules to save their few stews and get ' of diversity and their competitors isn't fair. Help us please. Patrick German Founder, The CUlhfra II group aiplying nonprofit status) Dear Audrey Hooper It is unfortunate that at times people who hold high positions will violate and abuse their power and victimize the rights and freedoms of the individuals they govern. I write to you this letter as a formal complaint regarding the SLOCOPA board, SLO Public Access of Charter Communications. We the originators of this complaint are Anthony Bolin and Monique Grajeda, respectively the host and co-host of the local public access music show dedicated to the local music scene called"The Underground" that we have been broad casting for the past three years. Anthony Bolin has been a member of the"Scheduling Committee" for two years and Anthony has also been the. "Chair of The Monitoring Committee" for one year; my job was to write reports and turn them in on the shows that were not played correctly, because I had so many negative reports I was subsequently trained as a back up on the play back decks witch caused a great deal of grief for Mark Ichenberg from Kristen and I was later asked not to help anvmore. But the work I did in the LAN Room "Play back room"was perfect and had no problems with the playing of shows witch made Kristen look badly. The source of my grievance is based on the un-democratic practices and behaviors made by the SLOCOPA board that have resulted In a suspension of our show, a stifling of our voice in open meetings, an unlawful withdrawal of Anthony Bolin from the voting ballot as a candidate for board treasurer, and various other unscrupulous ,unethical,and unconstitutional actions all performed within the umbrella of rewritten rules and by-laws " that were written by Gail Lightfoot and Justin Pritchard"these new rules and by-laws were not presented to members of the scheduling committee or the producers for discussion or voting on or, they were voted on by the board in"secret email voting"and other antics unbecoming to a professional legal board any one who questioned the board . were told we had no choice and no say so at all in fact if any one pressed the matter they were put on probation and then with no other wanting they would be suspended and their show pulled and times were taken away if the board wanted any of your times and would either take them or give them to someone else. There are many other producers of public access who have experienced the same misappropriations if not more than us. The board members in question are president Todd Leal, his girlfriend and former treasurer Cinthia Coleman, Secretary Gail Lightfoot and Justin Pritchard. Also in collaboration with the board regarding decisions and policy changes that have sacrificed the airing of shows among certain producers are Kristen Mulgrew and Garret Kninich; in fact it was Garret and Kristen who originally drafted the letter to the board to asking them to redefine what a producer is and rewrite the rules and by-laws just to attack the Bearce family because they do not like them or anyone who is associated with them it seems. From the very beginning Anthony had been treated with disrespect and getting the runaround from Kristen;For example, when Anthony first went to Kristen to get a producer's packet he was told it would take 2 months to get more of them"she was out at the time"because she did not have the time to print them; so Anthony offered ro print them for her, she didn't have paper, so Anthony said I'll bring you some paper, after that Kristen said she didn't want to waist her ink, what Anthony did not know at the time was she hates the Bearce family and Christina Bearce was with Anthony when he went to see Kristen for the packet. Anthony eventually got his producers packet from Leslie Bearce; and as I mentioned, everything that has been happening"rewriting the by-laws and rules and redefining what a producer is and everyone that has their show removed is because the Bearce family have brought so many new producers to channel two "like us that are doing shows specifically for the community"that it threatened the self promoting and self opinionated shows the religious and political shows were in danger of loosing their time periods"community based shows get first priority in scheduling"and then self opinionated shows come second then the imports get last choice and no one on the board has a show that is for the community their shows are only political or religious or personal opinion shows. So the board went after the Bearce family but then a lot of producers that the Bearce family helped went to the meetings and tried stand up for the Bearce family so the board had no choice but to rewrite the by-laws and rules to fit their plan and also the board has disbanded the scheduling committee after Christina Bearce was voted in as the"Chair"of the scheduling committee which breaks the rule with the city that states SLOCOPA has to have a schedule committee in place and instead have decided to do the scheduling them selves sense the scheduling committee would not let the board get away with what they had in mined. 1 To: Audrey Hooper, Clerk for the City of San Luis Obispo 2 CC: Official Legal Counsel, City of San Luis Obispo 3 Date: May 1, 2007 4 5 I am hereby submitting a formal complaint to the City of 6 San Luis Obispo regarding San Luis Obispo County Public Access 7 Television, Inc. (aka "SLOCOPA") and its purposeful violations 8 of specific provisions in its PEG Access Operating Plan 9 Agreement between it, Charter Communications, and the City of 10 San Luis Obispo, as dated March 8th, 2006 (Exhibit A, attached) . 11 As a preface, I have been a volunteer producer and host for 12 the television program The Nonprofit Show for nearly two years. 13 My television program features interviews and footage of local 14 501 (c) (3) organizations which contribute positively to our 15 community. I currently work at the women's Shelter Program of 16 San Luis Obispo County as their Resource Development 17 Coordinator. In this role I am responsible for grant and 18 contract writing as well as program compliance. In this capacity 19 1 am also quite aware of the due diligence and ethical 20 responsibilities of carrying out the provisions of using public 21 funding. Likewise, I also volunteer my time as a Board Member of 22 HOTLINE of San Luis Obispo County, a member of San Luis Obispo 23 County's Drug and Alcohol Advisory Board as well as a member of 24 the SLO City Chamber's Diversity Committee. As such, I am well 1 1 acquainted with both public and private organizational conduct 2 and am not prone to lodging spurious complaints. 3 However, I have evidence that SLOCOPA has been knowingly in 4 violation of (amongst other things not relevant to this 5 particular complaint) its legal contract with the City of San 6 Luis Obispo on the grounds that it (1) has removed (or prevented 7 from airing) programs whose lawful content is determined to be 8 "inappropriate by the Board of Directors, (2)has placed a 9 producer under probation for showing this lawful content (even 10 when there was a disclaimer at the beginning of the program) and 11 (3) that the above mentioned prohibitions based on content 12 undermine both producers, First Amendment rights to free 13 expression as well as the important "exchange of ideas" so 14 necessary in any civic-minded community. 15 The primary basis for this complaint relates to Section 2, 16 Page 3, of the PEG Access Operating Plan Agreement between 17 Charter Communications, SLOCOPA and the City of San Luis Obispo 18 (Exhibit A, attached) which reads "SLOCOPA agrees to keep the 19 channel open to all potential users regardless of their 20 viewpoints. Neither the City, nor Charter Communications, nor 21 SLOCOPA shall have the authority to control the content of 22 programming placed on the public access channel so long as such 23 programming is lawful". 24 On April 3=d, 2007 an episode of The Nonprofit Show (Exhibit 25 B, original copy in DVD format, attached) was submitted to the 2 1 Traffic Coordinator of Public Access, at the address of 270 2 Bridge Street, San Luis Obispo, California. This episode 3 featured lawful footage from recent General Producer' s Meetings 4 (all open, public meetings) which were knowingly videotaped by 5 multiple producers (or "general members") as well as by Board 6 Members. 7 Among other things, the show featured footage of certain 8 individuals (including Board Members) engaging in unprofessional 9 conduct, including (but not limited to) making threatening 10 and/or obscene gestures (e.g. , as displayed eleven minutes and 11 seven seconds into the program) during the course of this 12 official meeting. It should be noted that both the use of 13 profanity and obscene gesture were censored to make the footage 14 appropriate for cablecast. As an involved producer concerned 15 over these alarming actions, I felt it incumbent to show 16 segments of this footage to let community members know what had 17 transpired during these public meetings. 18 I placed a disclaimer at three particular sections of this 19 footage both indicating that (1) "The specific viewpoints or 20 opinions expressed on the show didn't necessarily represent 21 those of the host/producer [myself]" as well as (2) quoting 22 Section 2, Page 3, of the PEG Access Operating Plan Agreement so 23 that anyone objecting to the airing of this content would 24 realize that such lawful content should not be banned. 3 1 Since previous meetings have been publicly posted by the 2 SLOCOPA Board of Directors online for everyone to view (Exhibit 3 D, attached) and public funds are used to support the nonprofit, 4 I strongly believe that residents of the City of San Luis Obispo 5 have the right to view how these meetings are being conducted. 6 My television show was submitted on Tuesday, April 3=d, 2007 7 and subsequently "pulled" (removed) approximately 22 minutes 8 into its initial airing (Exhibit C, actual recording of show 9 being pulled at approximately 22 minutes therein) . My show also 10 failed to air on April 4th at its regular lipm timeslot. I sent a 11 number of email inquiries (Exhibits E and F, attached) to 12 Charter Communications Traffic Coordinator Kristan Mulgrew, who 13 is responsible for overseeing the day-to-day operations of the 14 television broadcasts. 15 On Friday April 6th, I received an email from SLOCOPA Chair 16 Todd Leal (Exhibit G, attached) officially confirming that the 17 Board of Directors removed my show and that this program was 18 "not to be transmitted at any time_" (first sentence of last 19 paragraph) . A blanket citation of the bylaws was provided, 20 indicating a number of theoretical transgressions which were not 21 explicitly cited as applicable in my case. 22 I again requested clarification regarding their decision 23 (Exhibit H, attached) . In a response email dated April 9th 24 1 (Exhibit I, attached) Todd Leal stated that in order for me to 25 receive an explanation as to why my show was pulled, I needed to 4 1 provide "a copy of a written transcript of the content verified 2 by an independent auditor" and that it was "incumbent on the 3 producer [me] to prove his point-. " However, in the third 4 paragraph of this same email, he admitted that there had been a 5 "review" and that it was "agreed that the program as it was 6 submitted could not be transmitted over the channel". This 7 clearly indicated that there had been deliberation over my 8 program's content and that (presumably) certain specific 9 criteria were used in coming to this conclusion. And yet, I was 10 told that in order to be given this information, I had to submit 11 to an inconvenient, time-consuming, and potentially costly 12 transcription of the program which they had admittedly analyzed 13 in great detail. I then submitted an email response 14 communicating my dismay at this requirement (Exhibit J, 15 attached) . It is my strong belief that this request was 16 completely fictitious and meant to cause an undue expenditure of 17 both my time and energy, while allowing 3LOCOPA the option of 18 not providing an official, detailed explanation for my show's 19 removal. 20 This request seemed unprecedented and was similar to one 21 made in the previous email (Exhibit G, last paragraph, attached) 22 in which I was directed to submit all future program content to 23 a Board Member for "preview" prior to its airing. Not only did 24 this directive unfairly target a particular individual (myself) 25 las it related to the lawful expression of my First Amendment 5 1 rights but also subjected me to the personal embarrassment of 2 having to submit my show to a Board Member directly and have 3 them "preview" the content (and presumably, approve or 4 disapprove of its submission for cablecast) . 5 On April 13th, 2007 I received a certified letter (Exhibit 6 K, attached) which contained similar language to the email 7 received on April 6 (Exhibit G, attached) . This certified letter 8 stated that I was being placed on probation by the Board of 9 Directors. The letter went on to state that, "Because of the 10 malicious and negative content of The Nonprofit Show _you have 11 been placed on Probation by the Board of Directors. The program 12 in question contained potentially defamatory allegations of 13 possibly criminal conduct against an individual who is not a. 14 public figure, (Todd Leal) . This does not quality as protected 15 speech, and could leave our organization vulnerable to a civil 16 liability suite." However, this justification neither indicated 17 nor proved that the content of this particular episode was, in 18 fact, unlawful (which is the only grounds by which programs may 19 be pulled according to the PEG Access Operating Plan Agreement 20 with the City of San Luis Obispo) . This letter (Exhibit K, 21 attached) also included a second page listing the specific terms 22 of this imposed probation. 23 Subsequently, on April 25th, 2007 I received an email 24 newsletter from Gail Lightfoot, SLOCOPA Secretary (Exhibit L, 25 attached) which referenced the Board's decision in the statement 6 t I 1 that ",One member was placed on probation for using video clips 2 from the March mtg on a program". This public explanation was 3 markedly different than the rationale given to me in the 4 previously sent certified letter (Exhibit K, attached) and also 5 seemed to run contrary to the actions of the Board in their own 6 posting of meeting footage online (Exhibit D, attached) . 7 Taking these various Exhibits into evidence, it is herein 8 supported that my program was, in fact, removed from the 9 channel because of its lawful content, in explicit violation of 10 Section 2, Page 3, of the PEG Access Operating Plan Agreement 11 between Charter Communications, SLOCOPA and the City of San Luis 12 Obispo (Exhibit A, attached) which reads �SLOCOPA agrees to keep 13 the channel open to all potential users regardless of their 14 viewpoints-.Neither the City, nor Charter Communications, nor 15 SLOCOPA shall have the authority to control the content of 16 programming placed on the public access channel so long as such 17 programming is lawful". 18 At this point in time, I would prefer to avoid any 19 litigious action on this matter. I am hoping that the City of 20 San Luis Obispo is able to either (1) persuade SLOCOPA to 21 immediately discontinue its violations of the Operating Plan 22 Agreement as they relate to removing shows (both mine and 23 others) based on lawful. content or (2) withdraw funding from 24 SLOCOPA and potentially offer such a contract to another more 25 organizationally competent local 501 (c) (3) organization. 7 1 In summary, I firmly believe in the overall mission of 2 public access television as well as have a strong respect for 3 the potentially valuable role it can play in our community by 4 keeping residents informed and able to access important public 5 information. However, the above actions which I have experienced 6 seem to indicate that the current Board of Directors of SLOCOPA 7 do not share this perspective and have a relatively blatant 8 disregard for the very same legal contract which they have 9 voluntarily entered into. 10 Please feel free to contact me if you would like additional 11 information regarding the particulars of the case. Thank you for 12 your prudent and expedient attention to this matter. 13 14 15 1 declare under penalty of perjury under the laws of 16 the State of California that the foregoing is true and correct 17 according to my information and belief. 18 19 20 21 Jason LU Reed 22 5290 San Jacinto, Ave. 23 Atascadero, CA 93422 24 (805) 712-0034 25 Email: jason.nonprofit@gmail.com 8 AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SLO COUNTY PUBLIC ACCESS This Agreement is made this �k 6 of San Luis Obispo, a municipal corporation dof AC C ,200, , by and between the City nonprofit corporation ("SLOCOPA"), who agree s follllows•nd LO County Public Access, a RECITALS WHEREAS, the City desires to provide support for the use of cable television public, educational, and government ("PEG") access channels operated pursuant to federal law; and WHEREAS, the City has granted a franchise to Charter Communications to operate a cable television system in the City; and WHEREAS, City Ordinance No. 1278 (1995 Series) and the franchise agreement between the City and Charter Communications dated April 20, 1995, provides that the City may negotiate an agreement for management of PEG access facilities, services and programming, if so desired; and WHEREAS, said franchise agreement with Charter Communications provides that certain channel capacity be made available for PEG access; and WHEREAS, the franchise agreement with Charter Communications provides that certain initial and ongoing payments shall be made by Charter Communications for PEG access capital equipment and facilities; and WHEREAS, the franchise agreement with Charter Communications provides that certain payments and in-kind services shall be provided by Charter Communications to support the operations of the PEG access facilities, equipment and channels; and VVHERE-AS, under the franchise agreement the City will provide support for PEG access through the dedication of.an amount equal to one percent (1%) of Charter Communications' gross receipts;.and WHEREAS, SLOCOPA, as a nonprofit public access management entity,r6as indicated its Interest in serving the community by providing the public programming and services portion (P portion) of REG .access. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. In exchange for the funding provided by the City to tO tlJ:S SLOCOPA Sh=ll JDrovicle the follov,,ingse A. OPERATE PUBLIC ACCESS CABLE CHANNEL. Operate the public access cable channel for public/community access programming purposes in a manner which is consistent with the principles set forth in Ordinance No. 1278. with the primary purpose being to administer, coordinate, and assist those requesting access on a nondiscriminatory basis. B. OPERATEA COMMUNITYACCESS CENTER. Manage a video production facility and equipment, available for public use at such hours and times as are determined by SLOCOPA. Access to equipment and facilities shall be open to all those who satisfactorily complete training class(es) provided by SLOCOPA C. PROVIDE EQUAL ACCESS. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming . purposes, whether individuals, groups, or organi2ations, on a first-come, first- served non-discriminatory basis, pursuant to operating policies and procedures promulgated by SLOCOPA and consistent with the principles set forth in Ordinance No. 1278. D. DEVELOP OPERATING POLICIES AND PROCEDURES. Subject to City approval, develop policies and procedures for use and operation of the public access equipment, facilities, and channel and file such policies and procedures With the City. E: COMPLIANCE WITH LAWS RULES, ANDREGULATIONS. Administer the ,public access channel and facilities-in' compliance. with applicable laws, rules, regulations, and in compliance with the 0'rdin'ance No.1278 and the,franchise agreement between the City and Charter Corhmunications. F. TRAINING. Train City residents in the techniques of video production,. and provide technical advice in the execution of productions. G. PLAYBACKICABLECAST Provide for the playback/cablecasting of programs on the public'abbbst channel. Within twelve months of the completion and opening of the access center, SLOCOPA-shall"cablecaist an average of fifty-six (56) hours of local original, replayed and outside programming per week (eight hours/d6y, seven dAys/Week). H. MAINTENANCE OF EQUIPMENT Provide regular maintenance and repair of all video equipment purchased with monies received pursuant to this Agreement. I. SPECIAL NEEDS GROUPS. Support special needs groups, including but not limited to those with hearing impairments; in program production through trauiing and other means. J. PROMOTION. Actively promote the use and benefit of the public access channel and facilities to cable subscribers, the public, public access users, and Charter Communications, K. PERFORMANCE REVIEW. As a condition of agreement renewal eet: .cor, �t1t .an entity exPe in pu Irc access matters to conduct ape ormance review o ` SLOCOPA's operations. This review shall include an opportunity for public access users and cable subscribers to provide input. Upon completion, a copy of the performance review shall be submitted to the City. L. OTHER ACTIVITIES. Undertake other public access programming activities and services as deemed appropriate by SLOCOPA and consistent with the obligation to facilitate and promote access programming and provide nondiscriminatory access. M. ADDITIONAL SERVICES. Provide such other additional services as set forth in the November 30, 2004 letter from "SLO County Public Access Television," attached and incorporated herein as Exhibit A. —$ SECTION 2. CHANNELS OPEN TO PUBLIC: SLOCOPA agrees to ke ublic access channel o o all 40tential users re ardless of t ei vRew oint subiect to FCC regulations and other relevant laws. Neither the Ci nor Charter Communication ty.-. - s aP iave t e_aut on to control nt o tfie content of p�ogramm ng place= on t e — �_--� _. public access channel so Ion as suchrogramr,�0g is la�wfu�l. Provided that,nothing erern shall preven PA, the City, or Charter Communications from producing or sponsoring programming, prevent the City or the Charter Communications from underwriting programming, or prevent the City, Charter Communications, or SLOCOPA from engaging in activities designed to promote production of certain types.of programming or use by targeted groups as consistent with applicable law and rules for use of channels. SLOCOPA may develop and enforce policies and-procedures which are designed to promote local use of the channel and make programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate to provide for and promote use of public access channels, equipment and facilities. SECTION 3. INDEMNIFICATION. SLOCOPA shall indemnify, defend, and hold harmless the City, its officers, agents, and employees and volunteers from and against any and all claims, suits, actions., causes of action, losses, damage, or liabilities of any kind, nature or description, including, payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or Persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of the SLOCOPA, its officers, employees, agents or '�C� �I_� l t. �il� �I_r r r- - I �-:Ili•_ .'u _�,> . J �:; subcontractors arising out of or resuiting from the performance of this Agreement. SLOCOPA shall indemnify and hold 'harmless City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel. slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from SLOCOPA use of channels, funds, equipment, facilities or staff granted under this Agreement or the franchise agreement. City shall indemnify, defend, and hold harmless SLOCOPA, its officers, agents, and employees and volunteers from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including, payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting solely from any alleged acts or omission of the City, its officers, employees, agents or subcontractors arising out of or resulting from the City's performance of this Agreement. SECTION 4. COPYRIGHT CLEARANCE Before cablecasting video transmissions SLOCOPA shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit its or their program material over the public access channel that is operated and managed by SLOCOPA. SLOCOPA shall maintain for the applicable statute of limitations for City's inspection, upon reasonable notice by City and for the term of the applicable statute of limitations, copies of all such user agreements. SECTION 5. COPYRIGHT AND OWNERSHIP. SLOCOPA shall own the copyright of any programs which it may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. SECTION 6. DISTRIBUTION RIGHTS A. SLOCOPA shall require that all programs produced with funds, equipment, facilities; or staff granted under this Agreement shall be distributed on the channel whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the public access operating policies and procedures. B. At Fast at the beginning and end of each clay that video programming is cablecast on the public access channel vvhose use is authorized by this Agreement, SLOCOPA shall display a credit stating "Partial funding fcr the operation of this channel is provided by the City of San Luis Obispo." Such credit shall also state that opinions expressed in public access programs are the sole responsibility of the program producers. SECTION 7. EQUIPMENT AND FACILITIES. A. SLOCOPA shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. B. Pursuant to the terms of the Franchise Agreement established with Charter Communications, the City of San Luis Obispo shall retain ownership of all equipment and facilities acquired by SLOCOPA and purchased with funds received pursuant to this Agreement, and upon termination or non-renewal of this Agreement all such equipment or facilities purchased with funds received pursuant to this Agreement shall be returned to the City. To secure all of its obligations under this Agreement, SLOCOPA hereby grants to the City a security interest in all of the assets and interests owned or hereafter acquired by SLOCOPA with funds provided by the City, and the proceeds thereof, including but not limited to, SLOCOPA deposit accounts and inventory, and all equipment and fixtures, that are or were acquired with funds provided by the City. SLOCOPA agrees to take all steps reasonably requested by the City to perfect and enforce the City's security interest, including the execution and processing,of financing statements and continuation statements under the California Uniform Commercial Code. SLOCOPA will also notify any institution with which it now or hereafter maintains any deposit account of the existence of the City's security interest in the account. The City agrees to subordinate its interest if necessary to finance the purchase of equipment or property. The subordination shall only be with respect to the specific equipment or property that SLOCOPA might wish to finance. C. Upon the dissolution of SLOCOPA or termination of this agreement with SLOCOPA, it shalf, subject to the approval of the City, transfer all assets of SLOCOPA representing City-funded equipment and facilities, and/or the proceeds of either to the City, or at the City's option, to such organization or organizations designated by the City to manage public access which shall at the time,qualify as a tax exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provisions of any future United States Internal Revenue Law). SECTIOr,t 8. INSURAI`10E SLOCOPA shall maintain in full force and effect at a!! times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by SLOCOPA and may be included in SLOCOPA annua! budget. A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial General liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be: (1) bodily injury including death, $1,000,000 for each person, each occurrence and aggregate; (2) property damage, $1,000,000 for each occurrence and aggregate. Defense costs must be paid in addition to limits. B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire or natural catastrophe. The City shall be shown as lien holder on all policies. C. WORKERS'COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by California law with an insurance carrier satisfactory to the City. D. CABLECASTER'S ERRORS AND OMISSION INSURANCE. Insurance shall be maintained to cover the content of productions which are cablecast on the access channel in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual access producers. E. CITY AS CO-INSURED OR ADDITIONAL INSURED. The City shall be named as a co-insured or additional insured on all aforementioned insurance coverages. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or SLOCOPA without first giving the City thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the City, its officers, agents, employees, or volunteers shall be in excess of'the SLOCOPA insurance and shall not contribute to it. F. NOTIFICATION OF COVERAGE. SLOCOPA shall file with the City proof of insurance coverage as follows: (1) Commercial General Liability and Workers' Compensation upon commencement of the employment of the Executive Director; (2) equipment insurance upon the acquisition of any equipment; (3) cablecaster's error and omission insurance within thirty (30) days of the commencement of cablecasting of programming on the designated access channel. Original endorsements effecting general liability and automobile liability coverage required by this section mist be provided before work commences. SECTION 9. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE. A. SLOCOPA shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual preference, marital status, ancestry, national origin or physical or mental handicap. B. Grantee shall not discriminate in the delivery of services on the basis on race, color, creed, religion, sex, sexual preference, marital status, ancestry, national origin or physical or mental handicap. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that SLOCOPA is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and SLOCOPA. If in the performance of this Agreement any third persons are employed by SLOCOPA, such persons shall be entirely and exclusively under the control, direction and supervision of-SLOCOPA. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by SLOCOPA and the City shall have no right or authority over such persons or terms of employment. SECTION 11. ASSIGNMENT AND SUBLETTING. Neither this Agreement nor any interest herein shall be assigned or transferred by SLOCOPA, except as expressly authorized in writing by the City. SECTION 12. ANNUAL REPORTS. Prior to May 31 of.each year, SLOCOPA shall submit to the City an annual report for the preceding fiscal year (January.1 - December 31). This report shall contain, at a minimum; the following information: A. Statistics on programming and services provided. B. Current and complete listing of Grantees' Board of Directors. C. Year-end financial statements audited by an independent certified public accountant. D. Arf inventory of equipment purchased with funds provided by the City. SECTION 13. FISCAL,RECORDS. A. SLOCOPA shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B. Upon reasonable request from the City, SLOCOPA shall, at any time riuring normal business hours, make available all of its records with respect to all matters covered by this Agreement. SECTION 14. FUNDING AND OTHER RESOURCES. The City agrees to make the following funds and resources available to SLOCOPA: A. Charter Communications has dedicated certain channel capacity (spectrum on the cable system) for PEG access use. The City agrees to permit SLOCOPA to manage channel capacity for public access programming purposes. B. Funding for Public Access Facilities and Equipment. The City agrees to provide to SLOCOPA up to thirty-three percent (33%) of all funds that it receives from Charter Communications for PEG access. SLOCOPA shall utilize such funds for the purchase of equipment and facilities to be used for the purposes delineated in this Agreement. SLOCOPA shall access funding using one of the following methods: 1. Submit paid invoices to the City. Upon receipt of paid invoices from SLOCOPA,the City shall reimburse SLOCOPA within thirty (30) days of the request. 2. Submit unpaid invoices to the City. Upon receipt of unpaid invoices, the City shall process the request and make payments directly to vendors within 30 days of the request. 3. Funds may not be claimed by SLOCOPA until such funds are received by the City from Charter Communications per the franchise agreement. C. Funding for Public Access Services. The City shall provide SLOCOPA thirty- three percent(33%) of the fees paid to the City by Charter Communications for PEG Access. These funds shall be held in a special account by the City, designated "Cable Public Access Support Fund" available only to support public access as designated under this Agreement, and shall be available to support,the public access services described previously in the "Scope of Services" of this Agreement. These funds shall be disbursed to SLOCOPA in accordance with-the timeline specified in Section 17 of this Agreement. SECTION 15. ANNUAL BUDGET AND ACTIVITIES PLAN. A. On or befor each year in which this Agreement is in effect, City shall provide OC PA with an estimate of the funds that it will receive from Charter Communications that will be available to SLOCOPA for the upcoming fiscal year. As used herein, the fiscal year begins on January 1 and ends on December 31. It Sit— within a time frame agreed to by the City and SLOCOPA. Th6 Cite may also terminate this Agreement at the expiration of its term, or any extension theteof. C. Upon termination of this Agreement, SLOCOPA shall immediately transfer to the he City all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by SLOCOPA with funds received pursuant to this Agreement. SECTION.21 . EXTENSION OF AGREEMENT. This Agreement may be renewed or extended for two additional periods of three (3) years each, pursuant to the following process: A. If SLOCOPA seeks an extension of this Agreement it shall submit to the City a letter of intent requesting extension. B. The City shall respond to SLOCOPA letter of intent to request extension. If the City intends to refuse to extend the Agreement, it shall explain the reasons for this.decision in its response to SLOCOPA. The City may not refuse to -extend the contract based upon a.failure of SLOCOPA to comply with the terms of this Agreement Unless the City has provided SLOCOPA a notice of its failure to comply with the terms and the opportunity to cure said noncompliance. SECTION 22. TIME. Time is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement. SECTION 23. COOPERATION. Each parry agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 24. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of California. SECTION 25. OT'CES, All notices and Other communications to be given by either party may be given in writing, r i ting, depositing the Same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To Attn: Audrey Hooper, City Clerk City of.San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To President SLO County Public Access Television, Inc. P.O. Box 7155 San Luis Obispo, CA 93412-7155 Any party may change its address for notice by written notice to the other party at any E3. On or before`September-3D'� f each year in which this Agreement is in effect. SLOCOPA shall provide to the City an Annual Budget and Activities Pian outlining activities and programs planned for the following fiscal year uritis funds and channel(s) received from the City. Such plan shall contain: 1. A statement of anticipated number of hours of local original public access programming. 2. Training classes to be offered and frequency of classes. 3. Other access activities planned by SLOCOPA. 4. A detailed operating and capital equipment and facilities budget. SECTION 16. EXPENDITURE OF FUNDS. SLOCOPA shall spend funds received from the City solely for the purposes listed in its Annual Budget and Activities Plan and Section 1 (Scope.of Services) of this Agreement. Funds not expended in the year covered by the Annual Budget and Activities Plan may be carried over for use by SLOCOPA into succeeding years. Upon termination of this Agreement all funds designated for public access and not expended by SLOCOPA shall remain with the City. SECTION 17. RECEIPT OF APPROVED FUNDING. For each year in which SLOCOPA has submitted the Annual Budget and Activities.Plan to the City as required under Section 15 of this Agreement, City shall make payments to SLOCOPA or on behalf of SLOCOPA as specified in SECTION 14.13. above. SECTION 18. FUNDING FROM OTHER SOURCES. SLOCOPA may, during.the course of this Agreement, receive supplemental funds from other sources, including, but not limited to fundraising activities. SECTION 19. TERM OF AGREEMENT. This.Agreement shall be for a edof three (3) years commencing on m ae"S�2oolfand ending o ess terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual agreement of the City and SLOCOPA, in writing, for two additional periods of l� three (3) years each in accordance with Section 21 of this Agreement. SECTION 20. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. A. The City shall have the right upon one hundred twenty (120) days written notice to SLOCOPA to terminate this Agreement for: 1. Breach of any provision of this Agreement by SLOCOPA; 2. Malfeasance, misfeasance,misappropriation of public funds; or 3. Loss of 501(c)(3) status by SLOCOPA. B. SLOCOPA may avoid termination by curing any such breach to the satisfaction of the City within one hundred twenty (120) 1 ays of notification or .0::it ( to I. •iL!I:t .1 . It 1 (.X. 02:01)— -----_ _ On Second 0—nS—co ndi :30 Tiki [sur,? ('al.an ('hail II - - -_ OtThuuIt 7huu'ht 03:0) 3:U0- — 1- - - 30 ----- IIOCf;FI• [IOC —J ` —- — —� 03:W ! KEI i 04:00 ----- — :30 05:00 --- -- -- — —_ _Til3 !_gunge 04:00 06:00 -- I --- -- Coromunin' �:DO 06:30 I -- oo Ncws — I --- 07:00 nit bs(/Mieve' 11fe(a)The Cit — — :30 Democracy C'alsan CUPrl 07:00 - _ ti 07:30 Buddha Sarfer RIEnniroa I{rishnamurti Now ProyMoUnidu Of Atascadero Television :30 08:00 L're worth thing Full Disclosure Thought Picture the Ube Matters rt3 Krishnamurti Bridging Uesven 08:00 :30 Hustn ss i,Good The Trvth Past Business is Thought &Earth w/B.Towasend Good 09:00 Comm Jrv1 Tild Lounge Amazing Proyecto Unido That tNi,kt,Is 09:00 Discoveries :30 Rescue Me! 4 > •30 10:00 An in His Hands Proyecto Unido ProyoctoUnido ECG-SLO Liberty rtaa<rs Tell hfomma :30 EC0.SLp Democn Full Disclosure PGW 1030 c7 Cal Poly Go About Go About :30 11:00 HOpedanet Now sermon,by use Sea TV High Sem,ons by/s<. 11:00 6 O'Clock :30 Eckankar Eekankar AH In His Bands News Last Hour Profile k'ha(Sh.0 t :30 NOON Everyday life Till Lounge Culture Club Bible Stud n Evcr Y Gaagaji QaeenEvergreen NOON :30 Liberty Children& PlotHaes Drib . n:r;an WHaHre Weirs onh.doaCh ,".n 01:00 KshnamU[tlFamilies Missiam ?fission :30 Now What' ` The Children& ighse, :30 Thought Roger That Which is AH HA Families Profile :30 Williams. 02:00 Proyeelo UaidoPicture the Garrgaji Bible Study w•hat/Bebeve7 An in His Hands Debut Past 02:00 :30 YoarJaaS7.ow Rescue Me! Now What :30 03:00 Cvknre mini IZlirerruth Your Jan Show TMJs For GOOD DOC 71' A Wort of Art The Truth 03:110 :30 Relation hi Showcase Tod, Wisdom P Kid's Speak Out y Busiaen 1,Coed Kid's Speak Out I1vdL oution :30 04:00 Rescue Me! Rescue Me! ECOaLO live w l.aeatioa Relationship wildfire wooden Wisdom 04:00 :30 Qin Everyday Life Buddha Surfer R-Environ :30 Bridging Ev rxn Television 05:00 Calvarychapd Heaven&Earth Tod Cornwall SIA Democracy SLO Democracy 05:00 ;30 Of Ataseadero LiverLocation AH HA Plotlines TheTrwth w/B Good Dog TV :30 Townsend 06:00 Cable 7, tnars Community The 6 O'Clock News at 6 News at 6 Tell Momma [lfe Q The City 06:00 :30 FmeArtsAemn News News Hour SLO Luues SLA Issues Gong About Gong About :30 07:00 Peggy Penny .aehrtsti.a Relatioosh[P a Worth Mamma-Ifve Chiltiren& Cbeiati.a Science Mission 07:00 Wisdom Living Bible Lesson :30 R/Envirron. Picture the Ho dame sLo Dem.ascy' Rick Martel Families Tiki Lounge :30 08:00 A work of Art Past Positive li Punitive littat Culture Club Peggy Penn A Work of Art 08:00Palaha=/Natan Palntiag/fatars30 C"l Good Dog TV Five Arts Access yourJaaSho* Paintinoistare :30 09:00 Rick Martel High A Work of Art Rick Martel Positive Lv . FoH Dlxloaurc :30 Truth for 09:00 Profile Culture Club Proyeda Unido Today :30 10.00 Debut Todster Todster Debut BWd Spw - Debut sLOlssues 10no Show Theatre :30 Showcase Show Cable Classics Showcase Pro}rctolln[do _ I1:(10 BaldS t Now",hat Showcase LO Rescue Me! Rar"err Todster 11:00 __ _ Tbestrr _ _ :30 Tod Cornwall fcg^N•Penny PtrMv Prnn.i Pt t Penni Tiki I oungc Smi( s j7 Shu., ? L__ O ' std eaho� � I SLO Public Access Televisiodl 1-Yoposcil to the City of Sail Luis Obispo Attachment `B" . }First Name ;:-EWNaine�� , 116. James Wilde _ Life Worth Living 117. -- -- ------ Mark Wilde Life Worth Living � 118. Brent Willey What Shall I Believe? 119. Brian Williams TV Plus --J 120. lWilliams Central Coast Good News 121 . Noah JVVilson Smiley Crew Sideshow i 122. Steve Wohlberg IlEndtime Insights 123. Debby Wright 124. Corey IYarnaguchi Rare-Jerr J 125. Rusty Zane Language of the Soul ; 126. Mike Zelina First`Name :LastNa"me IS .h owl itl e - , ��7.1\9ichael — Passarelli (Tell Momma All About It H.Nathan Qualls ----- _ �SLO Issues 89.Bill _ _ RabenaI t_ _ High Profile ----- 90.Dylan I 91 -Monique Schutte Christian Science Bible Lesson 92.13onne Scott Gardening 101 93-David ISmith Picture The Past 94.Robin Smith Children & Families 95.Brian Snavely Skits-0-Phrenic 96.Brenda Starr Dare To Go Digital 97-Anne Steele 98. Tom Stephenson Relationship Wisdom it 99-Kan Stettler ECO-SLO 100. Joan Sullivan Picture The Past 101. Fred Tarwater i 102. Bruce Townsend The Truth 103. Zeke Turley Wake Up! 104. Paul Twedt Tell Momma All About It 105. Mark Van DykeIK-Environment 106. Richard an Dyke R-Environment 107. Richard lVenable JWhy Liberty Matters 108. Linda Villlanueva- Community News-Aqui! Quisenberry 109. Gene Vine 110. Jeff Volk 111. Robert Volk A Night in Space 112. Phil Wagner Gangaji 113. Shirley Walker 114. Prez Washington Wildlife Wonders;LOL;PGW Show 115. Robin White Peggy Penny First Nam6 Last¢Name — -� Sho�v7itle = _ JS.LaVaun iKinderknecht IOU een Evergreen _ 591inda Kir ,, _ �Endtime Insights -- 60.Ga - ---- ry Kirl�land �On Second Thought 61.Peyyy Koteen Animal Emancipation --J 62.Peggy Koteen Animal Emancipation 63.Wayne Labins Endtime Insights 64.Hyde Laura Relationship Wisdom 65.Todd Leal Todster Show 66.Andy Lee The Rough Cut 67.Gail Lightfoot Why Liberty Matters j 68-Robert Lloyd 69.Rick Martel Rick Martel Show 70.Judith Matta Orthodox Christian Mission j 71.Monique Matta Culture Club 72.George May Endtime Insights 73.Bnan McKinley Endtime Insights 74.Karren McNight Just Show Us How 75-Daniel IMelbourne That Which Is 76.Alese&Mark M(I(er Trail Mix 77.Bruce Miller Bald Spot Theatre 78.Tommy Miner 1AII In His Hands 79.Eade Murie What Shall I Believe? 80.James Oberst Why Liberty Matters 81.0hris Odell Truth For Today 82-David Orlando Calvary Chapel of Atascadero 83-Peggy Penn 84-Terry y Peggy Penny Show ry Perry Rescue Me 85.Jack Peshong Picture The Past 86.John Pryor Krishnamurti Thought rsta: r , Lost;ncarr 6*,.,' ,. - --- --- — - - - --- ICostanzo What Shall I Believe? — -- 1 .Fran - -- DuE;ehart- - — - -- - -- - -- - --- - jRebuck ! 32.Jaron Faber Endtime Insights _ 33.Merrell —�Fankhauser Tiki Lounge 34.Patrick Farley ----- --- - 35.Rich Ferguson 9 Magic ------------ — 36.Betty Field-Haley Painting in Nature;Fine Arts Access 37.Warren Frankel The Last Hour 38.CIint George Baha'I Show 39.Joe Golling TV Plus 4o-Elliott Gong Gong About 41.Michael Graf A Night in Space 42.Judith Graham IChai Time 43-Daniel Grant Homeless Band 44-Harold Hallikair ri Together In Time 45-Pamela Heatherington ECO-SLO 46.Deb Hernandez M.B. Museum 47.Brianne Holmberg SLO Issues 48-Sara Horne LWV 49-Andrew Howard-Greene IN Plus 50.Tyrone Huff Digital Flickx 51.Robert Hurless What Shall I Believe 52-Richard Jackson [_:=5=3_TrUdy Jarratt LWV 54.Lionel Johnston State of the County 55.Shane Keeling Queen Evergreen 56.Khsti Kelty HealthWorks 57:John Kert A Work of Art;Positive Living First Name Shairr Title 1 Ge-orae ;Abraham 'Picture The Past Chloe AdresenIT _ . rail Mix , Randy jAllen 1Rick Martel Show —I 4. Sandy Allen---- JA Work of Art _-- ---- — 5. Donald jAnderson Art Center - j 6. Bob _ — - ]Banner_ jHopedance -- 7. Thomas Barber Sermons By The Sea 8. David lBaumgarten P.L.0.T. 9. Teri jBayus IReality Estate 10.Leslie Bearce Obispo Outlook;Cable Classics 11.Robert Bearce 6 O'Clock News;Obispo Outlooks;Slol Issues 12.Ronald Bearce Obispo Outlook;SLO Issues;Proyecto Unido 13.John Berquist Endtime Insights 14.13ruce Boriack Endtime Insights 15.Shawn jBostrorn Do Parasites Rule the World? 16.Kris Boughman Endtime Insights 17.Randy Brachman Rescue Me 18.Jack Brashears What Shall I Believe? 19.Brad Brown It's 3AM;Now What?-Hope for Hockey;SIT 20.Teresa Bruce United Way 21.Cameron lCairney 22.Anet ICarlin Buddhism 23.Michael lCastellanos jPeggy Penny 24.Joy. lChalker Endtime Insights 25.David Chambers Endtime Insights 26. Rosemary jCochran Bridging Heaven & Earth 27.Cinthia Coleman Todster Show 28.Benny Cook Endtime Insights 7-T od Cornwall Tod Cornwall Show SLO Public Access Television Proposal to the Cit37 of San Leis Obispo Attachment "A" 1_ Aurlre 1104;lrcr, Lill (.:Icrl; Cit k of San Luis Obispo t''r 'r 5 Re: Public Access 1'E(: prupus;;l 1_ OUIPAIENT RE )UF-ST (continued) CAAIM&S. TRIPODS & RECORDTLAYBACK DECKS: uant6 Part Number Description Unit Price Extension 3 DVC 200 Digital Cameras for Studio $3,500.00 $10,500.00 2 DVC 100A Digital Field Cameras 4,600.00 9,200.00 1 DVC 30 Digital Field Camera 3,200.00 3,200.00 4 Not Available Tripods for light & medium use 400.00 2,000.00 1 Not Available Field Kit (lighting) 3,500.00 3,500.00 1 Not Available Field Kit (microphones) 2,150.00 2,150.00 1 Not Available Field Kit (mixers) 1,300.00 1,300.00 Sub-Total Cameras: $31,850.00 Sales Tax: $2,468.38 Shipping& Handling: $385.00 Installation: $500.00 Annual Maintenance: $2,400.00 Grand Total Cameras: $37,61, d These necessary components total$140,991.89. We are looking forward to your submission to the City of San Luis Obispo City Council for funding. Should you have any questions or require any additional information, please feel free to call Bill Rabenaldt 773-4473,Todd Leal 748-6174 or John Kert (technical support) 773-6680. Sincere Bill Rabenaldt, Co-President Todd Leal, Co-President SLO County Public Access Television, Inc. +,utlirj Ilnujur• (:its (. Irt'I-. ur ,S:tn Luis, lie: Public :1ci'cs. I'i:( ; l�ruj:us:i7 E UIPMENT REQUEST (continued) STUDIO: Quantity Part Number Description Unit Price Exton 2 Non Available Stage Curtains (45 feet each) 8 Non Available Director& Guest Chairs $3,000.00 $6,000.00 1 Non Available Rolling ladder for set & li ht ad'ustments 230.00 75.00 600.00 25 Non Available 230.00 Display & Props for programming 2,200.00 1 Non Available Replacement Cables Package & Adapters 2,100.00 2,100.00 1 Non Available Misc Supplies (lens paper; batteries, gaffer Tape, video tapes, DVD's, tool box etc) 1,500.00 1,500.00 Sub-Total Studio: $12,630.00 Sales Tax: $978.83 Shipping & Handling: $420.00 Installation: $200.00 Annual Maintenance: $600.00 Grand Total Studio: $14,828.83 STORAGE: Quantity Part Description Unit Price Extension 1 Non Available Waterproof& Secure Storage Shed 12'x20' $2,400.00 $2,400.00 Sub-Total Storage: $2,400 Sales Tax: $186.00 Shipping& Handling: $200 Installation: Inc luded Annual Maintenance: $200 Grand Total Storage: $2,986.00 t its. o.( �:tn Pc: I'ul;lic :\ccc IT( , L1c11"n�c: l-)Ua'ltlt\: Part NUlltlki Unit Price f_>acnsion Keno-Flo Studio Lighting $4,400.00 58,800.00 2 Non Available Soft Moles &' teenie weenies 500.00 1,600.00 1 Non Available Lighting Controller Board 3,900.00 3,900.00 5 Non Available Replacement Lights 200.00 1,000.00 . Sub-Total Lighting Equipment: $15,300.00 Sales Tax: $1,185.75 Shipping & Handling: $350.00 Installation: $3,200.00 Annual Maintenance: $1;800.00 Grand Total Lighting: $21,835.75 AUDIO BROADCAST: Quantity Part Number Description Unit Price Extension 6 Non Available Studio Microphones $ 650.00 $3,900.00 1 Non Available Mixer-Patch Bay 4,800.00 4,800.00 4 Non Available Production Monitors 700.00 2,800.00 Sub-Total Audio Broadcast: $11,500.00 Sales Tax: $891.25 Shipping & Handling: $250.00 Installation: $500.00 Annual Maintenance: $1,200 Grand Total Audio Broadcast: $14,341.25 CONTROL ROOM: Quantity Part Number Description Unit Price Extension I Non Available Camera and monitor switchers $6,400.00 . $6,400.00 8 Non Available Source Decks (record) 1,000.00 8,000.00 8 Non Available Monitors 700.00 5,600.00 Sub-Total Control Room: $20,000.00 Sales Tax: $1,550.00 Shipping & Handling: $250 00 Installation: $7` t Annual Maintenance: $1..20O.W cirand 'f< lal C'ttntntl Ittuun: 523,75)0.00 Audrey flooper, City ('I,rk Cit}.of San Luis Obispo I'a�c Re: Public Acccss PEG propusaf This final ponion ofour proposal represents the necessary equipment for the continued operation r,l Public cess Television. Although Charter Communications has t�°en acti gravely supporting our goals for quiality pro mrning, the initial equipment.provided is no longer adequate and parts are virtually impossible to come. b;-. The decks are worn and many can no longer be adequately serviced. Sonic are still working and can be inte- grated into the new system we are requesting. Several producers are still using VHS formats and it would be expensive for them to try and convert to a totally new system at this time. As the VHS decks continue to %year, notice will be given that the new formant will be DVD and changes must be made. Editing equipment will be made available to them to help with this transition. EQUIPMENT REQUEST DVD Unisrade• uanti.ty Part Number Description Unit Price Extension 1. LETCDIP Leightronix TCP/IP Network Controller $4,399.95 S4,399.95 1 None Available Knox 64x8 Video Router 1 None Available Knox 64x8 Audio Router 2,000.00 2,000.00 1 KNX-RCF Knox Chameleon Rackframe 1,349-00 2,400.00 1 Not Available Leightronix Interface to Knox Router 1,349.00 1,349.00 3 DVPCX777ES Sony 400 disc DVD changer 549.00 1,647.00 250.00 250.00 3 PLSYDVDCH Plus Bus interface for Sony DVP-CX777ES 495.00 1,485.00 5 'SORDRGX7 Sony DVD recorder 1DAVP299 Datavideo Distribution Amplifier 349.00 1,745.00 .2 510 p 155.00 155.00 2 TecNec AV Comparator 469.00 CP-6 TecNec Rackmount 938.00 1 CP-4 TecNec Power Supply 54.00 108.00 2 CP-5 TecNec Link cable 38.00 76.00 1 Not Available Mox Chameleon Scheduler Program 19.60 39.20 1 KR-1 OSVB Kramer Video Distribution Amplifier 135.00 135.00 135.00 135.00 Sub-Total: $17,026,15 Sales Tax: $1,319.53 Shipping and Handling: $400.00(estimated at this time) Installation: $4,500.00 Annual Maintenance: $2,400.00 DVD Upgrade total: $25,645.68 i SL ,` SLO County Public Access Te/evision ® u 270 Bridge Street San Luis Obispo CA 93401 s S P U 6 L I C ACCESS rEIEVISIur4 November ;0, 2004 Audrey Hooper, City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Audrey Hooper, . SLO County Public Access Television is pleased to present this application for funding of much needed production equipment. Our single purpose is to provide quality public programming to the residents of San Luis Obispo County in cooperation with Charter Communications. These proposed publicly funded assets should remain in the public domain and ownership should remain in the hands of the City of San Luis Obispo or Charter Communications, whichever is preferred. , "Attachment A" represents the intended users of the publicly funded equipment. This is a list of current producers and programming spanning the years 2003-2004. We average 80-85 shows at any given time. This list will change as programs leave Public Access and new programs are introduced. "Attachment B" is our actual schedule for the month of December 2004 for Public Access Channel 2. The type and level of productions will vary greatly. Several programs are produced and directed by a sin- gle entity while others are professionally produced. All programming must be approved by our Scheduling Committee for content and appropriateness of presentation. This intervention is consistent with our By- Laws as approved by our State of California and the Federal non-profit status. Although Cuesta College provides a small studio to its students, it is not accessible for Public Access pro- ductions. Their system is publicly funded through the State Department of Education for their curriculum To our knowledgc, there is no other publicly funded equipment available in the County for Public Access Broadcast requirements. Our broadcasts facilities will remain with Charter Communication located at 270 Bridge Street in the City of San Luis Obispo. Although small, the generously provided studio is adequate for our productions and the proposed equipment can be housed and remain secure in this location. A storage facility is being pro- posed to house props and equipment not used on a daily basis. Charter will be providing the necessary space for this storage facility on sight. Charter has made a long term commitment to Public Access Televi- sion for space and equipment (LAN room). Your three year commitment for facilities has been met with this commitment from Charter Communications. L I I SECTION 26. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation City Clerk Mayor APPROVED AS TO FORM: CO TRAC 0 OF C By: CikAtIoKey SLO County Public Acc The following were provided to Council on DVD: Exhibit B —"Nonprofit Show 4/3/07 Officially banned by SLOCOPA Board" Exhibit C O. V •O I� Exh �ai-� D C p 2 -O o m C-4 C a m a O ro J C14 4;m 0 O x O 41 V N . O L Z d U O. O O y 00 ¢ t, U) O) Q o 2 E O p d O m o p m G O U N v LL '-� o p U f� N T Q N N a 0 ¢ s mN O a m S v7 UN w o coo > a t d $ ow o m = co rn I � 2 ~ > a �i CO C a t t N (� m .0 A w O N y U > O U) ! Q L E ._ �,I £ C O .5 @ (L — Y JCCC _ c � W _m7U O O U G ¢ v w i. L O Co fC c9 - 0o m m d i 'F- U a a ti Z v a o M � o U o a a � r S ° o j S 0 T 0 c h- a a> c T -0 41 ¢ O G 0 O f6 r E 0c E � s a 0 m ¢ E 222 0 fn CM zI 0 > O I 0 O O Z O O o C N � V 5' 0 cl o 0 m U E o° o0 to a � O U >? O O y V a I I I - 0 Gmail- Inquiry Regarding Misplayed Show http://mail.google--nm/maiV'?ik.qqf 4 Jason Reed <jason.nonprofit@gmail.com> ........................................................_._._................._.,._._...._...._....,_......._............................................._.........................._............................._......._.........................................................__...........,_..._......................_... ,......... Inquiry Regarding Misplayed Show ......... ....... _ ....... Jason Reed <jason.nonprofit@gmail.com> Tue, Apr 3, 2007 at 7:00 PM To: "Mulgrew, Kristan" <KMulgrew@chartercom.com>, "Mulgrew, Kristan" <kristan.mulgrew@chartercom.com> Cc: "Eichenberg, Mark" <Mark.Eichenberg@chartercom.com> April 3, 2007 . Dear Kristan Mulgrew, I just wanted to check in with you regarding an apparent "technical difficulty"that occurred during the Nonprofit Show's airing tonight. At approximately 5:22 (22 minutes into the show), the footage mysteriously stopped playing and the screen switched to the Bulletin Board. I did, however, notice that Sandy Allen's Work of Art program aired promptly at 5:.30, so I assume any technical difficulties that previously occurred were quickly remedied. I'm glad to see the problem was apparently fixed. It's my understanding that when a program fails to air because of technical difficulties, it can be aired during the next available Debut Showcase time. As such, I would request that my show air during Thursday's 9:30pm-11:30pm Debut Showcase time period. Thank you for your assistance. I look forward to watching my television show air during its regularly scheduled time tomorrow night (4-4-07)at 11 pm, as well as on Thursday night (4-5-07) between the hours of 9:30pm and 11:30pm. Sincerely, Jason Reed Host/Producer of"The Nonprofit Show" 805-712-0034 email:iason.nonprofit(d)gmail.com _ ....._.... . . of 1 4/12/2007 7:19 PM Gmail -2nd Inquiry Regarding the Nonprofit Show http://mail.google-om/mail/?ik= - 'que. GmJason Reed <jason.nonprofit@gmail.com> ..... ..._............ ...................._..............._................,...._.............._......._...........__...._,........__.......... _....................._._..... 2nd Inquiry Regarding the Nonprofit Show . ....... Jason Reed <jason.nonprofit@gmail.com> Thu, Apr 5, 2007 at 6:10 PM To: "Mulgrew, Kristan" <kristan.mulgrew@chartercom.com>, '`Mulgrew, Kristan" <KMulgrew@chartercom.com> Cc: "Eichenberg, Mark" <Mark.Eichenberg@chartercom.com> April 5, 2007 Dear Kristan Mulgrew, Traffic Coordinator Since I have not yet received a response to my recent email, 1 am submitting another inquiry. As previously mentioned, on Tuesday(April 3rd)the Nonprofit Show played for approximately 22 minutes, at which time it mysteriously switched to the Bulletin Board. It was my hope that any apparent technical difficulties would be remedied by Wednesday(April 4th) at 11 pm, when my show was next scheduled to air. However, much to my dismay, the Nonprofit Show failed to air whatsoever during it's regularly scheduled 11 Pm, Wednesday night timeslot. This leads me to believe that technical difficulties aren't. necessarily the reason for it's absence. As such, I am respectfully asking that you communicate to me (as soon as possible) why my program didn't air so that we may resolve this situation in a prudent, expedient fashion. I am also sending this email to Mark Eichenberg, Director of Operations, in case he may be able to provide me with additional information clarifying this matter. Thanks again for your,valuable time and assistance. I look forward to hearing from you very soon. Sincerely, Jason Reed Host/Producer"The Nonprofit Show" 805-712-0034 email: iason.nonprofitagmail com ._..... .._............ ..._...... . ............. ................... ............ ................._....__. of 1 4/12/2007 7:18 PM Gmail - Nonprofit Show submitted 4-2-2007 on HOLD http:!/mail.google.com/mail/?ik i Jason Reed <jason.nonprofit@gmail.com> Nonprofit Show submitted 4-2-2007 on HOLD .. ..._ .. . ......... ..... ............... ............. ....................... ................ ........ ....... . SLO County Public Access <slocopa@gmail.com> Fri, Apr 6, 2007 at 4:05 PM To: jason.nonprofit@gmail.com Date:April 6 , 2007 To: Jason Reed, Producer The Nonprofit Show From:Todd Leal, SLOCOPA Chair Re: Violations of Programming Guidelines Public Access equipment and facilities are available to ... [individuals]who agree not to discuss Charter Communication or SLO,County Public Access, Inc., its business, members or producers or make any disrespectful statements about other producers, programs or SLOCOPA in public[other than as part of a public meeting convened for that purpose]or on any program intended for transmission on the channel. [OPERATING POLICIES&PROCEDURES,Eli ibili ,pg 5, 1/21/2067] Charter staff has been directed to remove [or'pull', i.e.cease to cablecast]from Channel 2's cablecasting schedule immediately any program seen to or reported to have violated the above and any of the attached scheduling policies and terms of membership in SLO County Public Access, Inc. and provide a copy of said program to the Board of Directors for evaluation.The program is to be on 'hold'for ten [10]days to give time for a final decision on its appropriateness for transmission on the public access channel. Any time any program is pulled for this reason, no other program is to be accepted from the producer of that program until the Board of Directors gives further instructions to Charter staff. Specifically. The Nonprofit Show, submitted on 4-3-07 by Dave Baumgarten for you [Jason Reed], is not to be transmitted at any time and any program from you [Jason Reed] is to be given to a Board member for preview before it may be accepted by Charter for transmission. You may choose to do this yourself or have a Board member pick it up at Charter. 1 of 1 4/12/2007 7:17 PM Gmail- Nonprofit Show submitted 4-2-2007 on HOLD http://niail.,,Yoo,-Ie.com/mail/?ik=99f5 7 E: � H GMI Jason Reed <jas'on.nonprofit@gmaiI.com> ........................ ........................................................ ............. .................................. ............................. ........... ....... ........................ Nonprofit Show submitted 4-2-2007 on HOLD ........... Jason Reed <jason.nonprofit@gmail.com> Sun, Apr 8, 2007 at 8:44 PM To: SLO County Public Access <slocopa@gmail.com> April 8, 2007 Dear Todd Leal, SLOCOPA Chair Thank you for providing an official response to my previous inquiries. I would also like to request clarification on an item referenced in your email. Specifically, you made the statement that" Charter staff has been directed to remove .....any program seen to or reported to have violated the above and any of the attached scheduling policies and terms of membership in SLO County Public Access, Inc. and provide a copy of said program to the Board of Directors for evaluation".Am I to interpret this as indicating that Kristan Mulgrew, Traffic Coordinator, was the individual who made the determination to pull the show while it was airing based on the above mentioned criteria?Or did an outside individual contact her while the show was airing and direct her to remove the show? Am I to interpret the red, highlighted section of your email as constituting the Board's"final decision" regarding F the status of my program? If this is the case, I would request a more detailed statement outlining the specffic violations contained in my program (including the rationale and specific corresponding bylaw references). Your blanket citation of the Eligibility section of the Operating Policies and Procedures does not clarify which violations occurred relative to specific program content. Additionally, did the Board formally vote on the issue of whether my show was out of compliance?If so, I am also requesting copies(from SLOCOPA's Secretary)of the minutes of said meeting and the resulting vote. At this point in time, I am still at a loss as to the exact reasons why my show was pulled and I have not yet received an adequate explanation. Receiving clarification on the specific content in supposed violation of Operating Policies and Procedures will help me better ensure that all future submitted programming is in better compliance. Thank you Mr. Leal for your expedient and prudent attention to this very important matter. Sincerely, Jason Reed Producer of"The Nonprofit Show" 805-712-0034 email: jason.nonprofit(cD_qmaiI.corn (Quoted text hidden] ............. .......... . ..... 1 of 1 4/12/2007 7:17 PM Gmail- Nonprofit Show submitted 4-2-2007 on HOLD http://nail.google.com/maiU?ik=99f53ae i �rtib; �"..1. Jason Reed <jason.nonprofit@gmail.com> Nonprofit Show submitted 4-2-2007 on HOLD _......... SLO County Public Access <slocopa@gmail.co"m> Mon, Apr 9, 2007 at 4:18 PM To: Jason Reed <jason.nonprofit@gmail.com> Jason, Thank you for acknowledging notification of the hold placed on your program on April 2, 2007. A Certified letter is on its way to you by USPS. Please let us know of its receipt. The removal of The Nonprofit Show program submitted on April 2, 2007 was prompted by phone calls to me at home calling my attention to what was on the channel at the time of the phone calls. All members of the Board of Directors were reached by phone and agreed unanimously to have the program's transmission stopped and held for review. Upon review of the program, the members of the Board agreed the hold was an appropriate action and at a special meeting with Mark Eichenberg of Charter Communications further agreed that the program as it was submitted could not be transmitted over the channel. This decision was provided to Charter Communications by email and a signed Directive by hand courier. The minutes of the meeting of April 4, 2007 have not been completed and approved by the Board, nor has the Board given the Secretary permission to pass those minutes onto any non Board members. I cannot act unilatedly on your behalf or anyone else's. Examination of the minutes of a Board of this nature is permitted only with permission of the entire Board. Robert's Rules, newly revised Any member has a right to examine the minutes of an organization at a reasonable time and place but this privilege must not be abused to the annoyance of the Secretary. The same principle applies to the minutes of boards and committees, _their records being accessible only to members of the boards or committees but no others and ...; these [board] minutes are accessible only to the members of the board unless the board grants permission to a member of the society to inspect them, ... Further discussion of the particulars of the content of the program requires a copy of a written transcript of the content verified by an independent auditor. The Board is not obligated to create such a document. It is incumbent on the producer to prove his point_by providing a transcript of the audio portion to the Board along with a copy of the program. Todd Leal SLOCOPA Chair [Quoted text hidden] ...... .......... ... . _... ....._...... of 1 4/12/2007 7:17 PM Gmail-Nonprofit Show submitted 4-2-2007 on HOLD http://mail.google-nm/mail/?ik=99f53 .. Exh , b Jason Reed <jason.nonprofit@gmail.com> ...__............................................................................._........................................_..................._....._.............._...................._..._....,............._....__....._......................_.......__....._..._ Nonprofit Show submitted 4-2-2007 on HOLD Jason Reed <jason.nonprofit@gmail.com> Mon, Apr 9, 2007 at 7:05 PM To: SLO County Public Access <slocopa@gmail.com> Bcc: "Eichenberg, Mark" <Mark.Eichenberg@chartercom.com> April 9, 2007 Dear Todd Leal, SLOCOPA Chair Thanks for your email,Mr. Leal. I appreciate the attempt at transparency regarding the process which apparently took place. I find it impressive that"All members of the Board of Directors were reached by phone and agreed unanimously to have the program's transmission stopped and held for review" in the the course of 22 minutes (the total duration of time that the program actually aired). I'd love to hear more about what type of phone plan everyone has that allows them to engage in a conference call with so many individuals at once.The fact that you were able to thoroughly deliberate and come to a consensus in that short period of time is astounding. Your statement that "Further discussion of the particulars of the content of the program requires a copy of a written transcript of the content verified by an independent auditor. The Board is not obligated to create such a document. It is incumbent on the producer to prove his point......is perplexing. I am at a loss as to how I can "prove my point" regarding content when the specific, supposed violations have not yet been presented to me. Thisis analogous to having to defend oneself in court when the specific charges have not yet been levied. I would hope that these issues are clearly outlined in the pending letter that is being sent. I plan on submitting additional program material. However, since I haven't been properly notified regarding what specific content is "out of compliance", I cannot assure that additional submitted content will be deemed appropriate by the Board. Knowing this criteria in advance will save both myself as well as the Board a great deal of time and energy. I am also curious about the provision in the Eligibility section of the Policies and Procedures which prohibits publicly discussing "[SLOCOPA] business". If this is one of the Board's reasons for pulling my show, this seems quite disingenuous since SLOCOPA has already placed the March 7th, 2007 Board meeting on Google Video, in apparent violation of it's own bylaws. Here is the hypertext link to said program: hnp://video.google.com/videoplav?docid=1938969920242705551&q—slocopa8Lhf en Thanks again for your attention to this matter. I look forward to receiving your letter. Jason Reed Host/Producer- 'The Nonprofit Show" 805-712-0034 email:jason.nonprofitogmail.com [Quoted text hidden] I of 2 4/12/2007 7:17 PM 74r41 -5 C'.1!I:r lar: 'i'o: Todd Leal i h t•.lo;1profi-i 5ho:✓ Vice Chairman rte' ViOlction of Programming Guideline; D.)ich=.<_! Pa ;ara!l: The Board of Directors has the right to revolve or refuse membership to any A1jri'33fl7Si.rarlV_ perS9r'I S^.'hOS?.QCtkIns O^ wards have injured the 'Secretary the Corporetion. [R••!aw Article:ii >t repu7a;ion, integrity or puppose J 5edion:1 b. .l2041], Public Access equiptne,7:`a 1d Trail i;. Lightfoot facilities are available to ... [individuals]who agree not to discuss Charter Tre�lstl�ea Communication or SLO County Public Access, Inc., its business, members o;' Irene Matta producers or male any Y disrespe ctful statements about other producers, progr ai S or SL OCOPA in public [other than as part of a public meeting convened for that Merrett Matt purpose]or on any program intended for transmission on the channel. Monique �daTta PO rC2E5 et PROCEDURES,Eli ibili ,pg 5,1/21/2007) [OPERATThIc Justin Purion: n Charter staff has been directed to remove Orientation: The channel] from Channel 2's cablecasting scheduleuilmmediateh clecas,cr transmit ovu Orientation to SLO an� , y program seen t Co. P.A.and or reported to have violated either of the above policies or terms of membership equipment and in SLO County Public Access, Inc. and provide o copy of said program to the Board facilities use is of Directors for evaluation. Scheduled monthly Program transmission will be held for ten [10]days. Na other program is to be at Charter's SLO CcC-epte,d from the producer of that program until the Board of Directors gives office Meetings: further instructions to Charter staff. Members: Monthly to hear from the Board, exchange ideas, Provide networlcinq Because of the malicious and ne contacts for gative content of Th:Nonprofif Show turned in acid partially transmitted over channel 2 on April 3, 2007,you have been placed on producers, meet Probation by the Board of bisectors. The program in question contained potentially and greet all new defamatory allegations of possibly criminal conduct against an individual who is not producers. Date, Time, a public fig ure, Todd Leal). This does not qualify as protected speech,and could Location TBA leave our organization vulnerable to a civil liability suit. Effective immediately any Board: program you submit will be held until it has been previewed by a Board member to Monthly us contact ensure there is nothing to cause any phone calls to the Board regarding the official business program's content. Date,Time TBA Members with Sincerely.you�$, items for Board's agenda should TO='O LET-L, Chairman write to the Board at the P O Box. v I r_.__ ��.. tt•'.�i IJ1I.a•J�J.�I.. U1: Sat_ tl::.,;1, t • • _ r,.'I _ �..'I'�JJ�:. /Vf.i IJ'J:�: '�1 t.'r,�l ia_�.i� [.l.`.+. , Any ciid'reg:!"ci of these low ICE 1'F"-mil J?�! , C7 0:? i;ilii3:C�i�+E, 6°iTi3��,=� f1J'��1:, ?•i'� 7TI'i'�� � r� � lit.P.04I n va - } .l!:' � WNW, O" the public Cfi,1i2Nz1c :�yi'_7•:i?7:;''i,iIo�S•�,�1J�r�: 3:3 PC3�i? 111 Gmail - SLOCOPA Re: SLO County Public Access. Inc. television... http://iiiail.goo(,,le,com/mail/?ik=99f53aee8c&vie - I _ FY)b v S Jason Reed <jason.nonprofit@gmail.com> . . ......... ........_. ....... ..... .... .......... ...... , SLOCOPA Re: SLO County Public Access, Inc. television NEWS April 24, 2007 1 message ....__..... . ...... ........... ._..._ ...... gail <gailklightfoot@charter.net> Wed, Apr 25, 2007 at 4:58 PM Reply-To: slocopa-owner@googlegroups.com To: slocopa@googlegroups.com ----- Original Message----- From: Bail To: slocopato').grriaii.com Sent: Wednesday, April 25, 2007 12:44 AM Subject: SLO County Public Access, Inc. television NEWS April 24, 2007 }}1 (yd G 7News Volume 2 Number Editor: Gail Lightfoot; SLOCOPA Secretary Contributors: Board of Directors Todd Leal, SLOCOPA Chair, General Meetings April 24, 2007 Until an acceptable mtg place can be reserved we will continue to meet at the picnic area of Santa Rosa Park in San Luis Obispo at 6:30 PM on the same day and week of the month. Financial Report: [Irene Matta] Bank Balance = $1,008.40 Petty Cash Balance = overdrawn $32.00 [plus other out of pocket costs not yet reported] City PEG Funds = $1.45,514.83 [County PEG funds have not been officially disclosed] Board Actions [numbered]: 1. The Temple was ween notified that we will no longer meet in their community room. 2. Three members were suspended and denied use of the equipment and facilities for 90 days. 3. One member laced on probation for using video clips from the March mtt on ae2qraZ.. 4. oogle Group and voice mail has een set up or CS A messages. ' 5. A process for introducing new programs is in place. 6. The studio will be made availE.ble to producers who wish to speak to the Board by video clip. Charter Supportof SLOCOPA:At the request of Ed Merrill, the.Board met with Mark Eichenberg on April 4, 2007. Mr. Mark Eichenberg told the Board in a very clearly stated message from himself as Operations Manager and Ed Merrill as Regional Manager that Charter Communications backs SLO County P;,,!ic Access `00';,. Charter r-cognizes that it is SLO County Public Access. Inc. that manages the Dub'ic access cf ranciel, e:c;uipment and facilities and will comp'y with any and all restrictions placed on produce-1 and/or rnen!bers by SLCCOPA. Therefore Charter staff will deny access to Charter facilities to I of 3 5/1/2007 9:42 PM