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pITY OF SAN BERNARDINO - REQUEST FO, COUNCIL ACTION
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F~om: James F. Penman Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING CHAPTER 2.75
Dept: City Attorney TO THE SBMC RELATING TO THE USE
OF THE CITY'S TELEVISION/CATV
Date: February 13, 1992 BROADCAST FACILITIES BY THE MAYOR
OR MEMBERS OF THE COMMON COUNCIL.
SynOpsis of Previous Council action:
None.
Recommended motion:
Waive further reading and layover for adoption.
~
IL~~, J t-~-t-.>-.--
() Signature
, Dennis Barlow 384-5355
;ontact person: A. Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
:ouncil Notes:
,
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Agenda Item No. 5-,/
75-0262
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'CITY OF SAN BERNVDINO - REQUEST F. COUNCIL ACTION
STAFF REPORT
Members of the Council have asked for an ordinance that
prevents the political misuse of the position of Mayor or City
Councilmember to use the City Channel 3 facilities to criticize
actions of the Mayor and Common Council except when the Council is
in session, or during a debate or forum when both sides are given
equal opportunity to argue their position. This ordinance would
accomplish that end.
75-0264
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2.75 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE USE OF
THE CITY'S TELEVISION/CATV BROADCAST FACILITIES BY THE MAYOR OR
MEMBERS OF THE COMMON COUNCIL
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 2.75 is hereby added to the San
Bernardino Municipal Code to read as follows:
"2.75.010 Prohibition
It shall be an unlawful use of City property and
facilities for the Mayor or a member of the Common
Council of the City of San Bernardino to use his or
her position to use or cause to be used the equipment
and/or facilities of the Telecommunications Division
for television or CATV telecast or tape production for
the purpose of criticizing the actions of the Mayor or
Common Councilor the Mayor and Common Councilor any
individual member of the Common Council.
"2.75.020 Exceptions
Section 2.75.010 shall not apply to a legally
called meeting of the Mayor and Common Council, nor to
a political debate or public forum where candidates or
proponents and opponents of ballot measures are given
equal opportunity to present their views. This
exception shall not allow such criticism to be
televised or taped during a recess or closed session
of a Council meeting even though the Council is still
technically in session during said recess or closed
session. II
DAB/js/CATV.Ord
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February 12, 1992
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2.75 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE USE OF
THE CITY'S TELEVISION/CATV BROADCAST FACILITIES BY THE MAYOR OR
MEMBERS OF THIS COMMON COUNCIL
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this day
of
, 1992.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: 1-r ''','' 7-.
,/j
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DAB/js/CATV.Ord
2
February 12, 1992
CITY OF SAN ~RNARDINO - ~MORANDUM
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To James F. Penman, City Attorney
From Council Office
Subject Agenda Item
DMe February 12, 1992
Approved
Date
Please draft an ordinance and place it on Monday's agenda
that, in effect, prohibits the Mayor and/or Councilmembers from
using KCSB TV-3 for press conferences, speeches, statements or
announcements that are critical or detrimental in nature to
either party, to the City or to issues that have been discussed
during Mayor and Council sessions. The City Administrator's
office has been notified that this item will be forthcoming.
Gk~O
ESTHER . ESTRAD: P--
Councilwoman, Firs~ Ward
ERE: jv