The closing of the TVS PEG channel by the city was irresponsible and a violation of free speech, civil procedure and a misuse of city authority. I believe that as members of the TVS PEG board of directors, Jeff Smith and Joyce Overton are in conflict with their positions as public officials and should be removed from the board. All decisions made by the board and the city regarding the function of the TVS PEG channel should be considered void from December of 2009, subject to legal clarification and review.
State law in “The Powers and Limitations of a City” states that “No city council member may occupy two different public offices at the same time, if the offices are incompatible one with the other. Generally speaking, offices are incompatible if they subject the officeholder to conflicting obligations and loyalties.” In addition, the contract between the city and county, made in November of 2007, establishing a TVS PEG board of directors, may also be in violation of state law, as it specifically states that some board members be public officials.
Joyce Overton”s position on the board is particularly in violation of state law, since the city of Clearlake owns the franchise for the TVS PEG channel and a PEG station by law should be free from either corporate or political intrusion, regardless of who owns the franchise, and should not be subject to the personal biases of public officials.
Lack of adequate communication between the Board and the TVS PEG advisory committee, and the board”s political influence upon the city and consequent irresponsible rush to shut down the station, resulted in a possible violation of due process within Clearlake city government. Excluding the public and operating personal from the TVS PEG station, a public access station where free speech is paramount, is only one of several examples of the board”s political and incestuous influence to the detriment of the people of Lake County.
In summary, legal review is warranted.
Maurice Taylor
Clearlake
