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SMU Cable Programming Committee Bylaws
Adopted by the Board of Trustees of Spencer Municipal Utilities on June 14, 1999.

1.0 Mission Statement
Spencer Municipal Utilities operates a cable television service as part of its municipal communications utility to provide Spencer citizens with high-quality television programming at a cost-efficient price.

The charge of the SMU Cable Programming Committee (the "Committee") shall be to make decisions and/or recommendations regarding programming on SMU’s cable television service. These decisions will be made after consideration of customer input, advice from SMU staff, and in consideration of the overall goals of the SMU cable television service and the SMU communications utility. The Committee shall gather information to determine customer satisfaction concerning programming variety, quality of service, price, and other consumer priorities.

The SMU Cable Programming Committee shall promote the SMU cable system.

2.0 Committee Structure

2.1 Size
The Committee shall be composed of seven members appointed by the Chairman of the Spencer Municipal Utilities Board of Trustees (the "Board") and approved by the Board.


2.2 Service Qualifications
Members of the Committee must meet the following qualifications for service:
1) Members must be residents of Spencer and a user of one or more services offered by SMU.
2) Members must be willing to participate actively in all functions of the Committee.
3) Members must be subscribers of Spencer Municipal Utilities’s cable TV service. Committee members shall receive upon request any or all of SMU’s analog and digital cable programming tiers at no charge for the duration of their service on the committee. Additional premium services, pay-per-view orders, or other advanced features will be at the member’s own expense.
4) The following persons are not eligible to serve on the SMU Cable Programming Committee:

Employees of Spencer Municipal Utilities, their spouses, and immediate family members;
Members of the SMU Board of Trustees, their spouses, and immediate family members;
Employees of the City of Spencer, their spouses, and immediate family members;
Members of the Spencer City Council, their spouses, and immediate family members;
Members of other City of Spencer boards and commissions.

"Immediate family members" shall include spouse, children, brothers, sisters, father, mother, father-in-law, mother-in-law, mother-in-law, daughter-in-law, brother-in-law, son-in-law, sister-in-law, and grandchildren.

2.3 Terms
The term of appointment for each member shall be three (3) years, except for the members of the first Committee, which shall be as follows:

a) Two (2) members appointed to serve a term ending June 30, 2000;
b) Two (2) members appointed to serve a term ending June 30, 2001.
c) Three (3) members appointed to serve a term ending June 30, 2002.

Thereafter, either two or three members shall be appointed annually. Appointments will be made at the June meeting of the SMU Board of Trustees for terms beginning July 1. Each member shall hold his or her position for the term for which he or she is appointed and until his or her successor is appointed and approved by the SMU Board of Trustees. A term shall begin on the first day of July and end on the last day of June.

2.4 Term Limits
Members of the Committee shall be limited to two full terms of service consecutively. Members appointed to fill an unexpired term may complete the unexpired term and be eligible for two additional full terms. Members of the first Committee are eligible for appointment to one full term following their initial term of service. After leaving the Committee, a person is eligible to serve again following an absence of at least one year.

2.5 Officers
The Committee shall annually select a Chairperson and Vice-Chairperson from among its ranks. Selection will occur at the Committee’s first meeting following June 30th of each year.

The Chairperson shall coordinate committee activities in cooperation with SMU staff; preside over Committee meetings; set meeting schedules and agendas; facilitate discussions; network with community groups and organizations; and stay abreast of industry trends and programming developments.

The Vice-Chairperson shall assist the Chair as requested and fill the Chair’s position in case of absence.

An SMU staff member shall serve as the non-voting Secretary of the Committee. The Secretary shall provide written summaries of all meetings, distribute meeting materials, complete any and all cost accounting, and notify members of the meeting schedule. Spencer Municipal Utilities staff serve in an advisory capacity only, providing programming information and background, strategic direction, financial interpretation and support. SMU personnel have no voting responsibilities.

2.6 Meetings
The Committee shall meet at least once per quarter. Notice of each Committee meeting will be provided according to the Iowa Open Meetings Law.

SMU staff shall attend all Committee meetings to advise and provide programming information, background and research data, and any other information that might assist the Committee in their work.

Special meetings of the Committee may be called by the Chairperson of the Committee, the Chairperson of the SMU Board of Trustees, or by SMU staff. Written notice of the time and place for both regular and special meetings shall be given to each member either by personal delivery, mail, phone, e-mail, or fax at least 48 hours prior to the meeting.

Meetings shall be presided over by the Chairperson utilizing "Roberts Rules of Order". The Committee Chairperson, in consultation with SMU staff, shall decide what items of business will be on the agenda of the next meeting.

2.7 Vacancies
Any vacancy occurring in the Committee (other than a vacancy resulting from the normal expiration of a term) may be filled by appointment process. A member appointed to fill a vacancy shall serve the remainder of the unexpired term of his or her predecessor. Any member may resign by submitting written notice of resignation to the Chairperson of the Committee. If the Chairperson or Vice-Chairperson positions become vacant, the Committee shall select a replacement from among its members.

2.8 Removal
Any person appointed to the Committee may be removed by a motion of the Spencer Municipal Utilities Board of Trustees. The motion for removal, if approved by the Board, shall be filed with the Secretary of the Board of Trustees, with a copy sent by certified mail to the person removed. The removal shall be effective immediately upon filing with the Secretary of the Board of Trustees. Upon request filed with the Secretary within 10 days from the date of mailing, the person removed may request a public hearing before the Board of Trustees.

3.0 Responsibilities of the Cable Programming Committee

3.1 General Responsibilities
The general responsibilities of the Committee are as follows:
1) To seek input from the community on cable television programming and customer satisfaction.
2) To make decisions regarding the cable television programming offered on SMU’s cable TV service.
3) To represent to the best of their abilities the interests of the community when making programming decisions.
4) To advocate the utilization of SMU’s cable television service for diverse community programming and public access.
5) To advocate the utilization of SMU’s communications utility in general.
6) To provide the SMU Board of Trustees with regular reports of all Committee activities.

Individually, members of the Committee shall be expected to support all final Committee decisions, to make every effort to attend all Committee meetings and functions, and to offer constructive, honest, and unbiased opinions without reservation.

3.2 Specific Decision Making Responsibilities
The Committee is responsible for making decisions on the following aspects of SMU’s cable television service:

1) addition or deletion of channels
2) addition or deletion of programming tiers
3) placement of channels within a programming tier

The SMU Board of Trustees makes final decisions on price structure of all programming tiers and services.

3.3 Programming Decision Parameters
All programming decisions made by the Committee must be consistent with the following parameters:

1) community standards
2) market demands
3) maintenance of the overall financial health of the communications utility
4) legal and technical issues
5) SMU’s strategic goals and objectives.

Any programming decisions made by the Committee that are not consistent with these parameters are subject to rejection by the SMU Board of Trustees.

3.4 Procedures for Programming Changes
At any meeting, the Committee may pass a motion to recommend a programming change. Such a motion shall require the affirmative vote of five (5) or more committee members. A motion that does not secure five affirmative votes fails, but may be reintroduced at a future meeting. If fewer than five committee members are present for a meeting, no action on programming recommendations may be taken at that meeting.

The Committee’s recommendation is then presented to the SMU Board of Trustees at their next regular meeting. The Board is allowed to review the recommendation to ensure it is consistent with the parameters set forth in Section 3.3 of the Cable Programming Committee Bylaws.

Upon review by the Board, the recommendation then returns to the Committee for final consideration. After receiving any oral or written comments on the recommendation, the committee can then consider a motion to adopt the programming change. The motion for final adoption must receive at least five (5) affirmative votes to pass.

Following the approval of a programming change by the Committee, Spencer Municipal Utilities will provide public notice of the change and its effective date.

4.0 Amendments to the Bylaws
The SMU Board of Trustees has the sole authority to make any amendments or changes to these bylaws, as it deems necessary.

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