From: Jacques Roy

Sent: Thursday, February 17, 2011 11:25 AM

To: 'McCormick, Bret'; 'Carty, Paul'
Cc: Joseph P. Page; Lisa Harris; Kay Michiels; Darren Sigur; Charles Johnson; Nancy Thiels; T. W. Thompson;
Michael Marcotte; Jannease Seastrunk; Roger Tully; Bernard Wesley; David Johnson
Subject: RE: Channel 4 schedule

Dear Mr. McCormick:

Official Staff Use of Channel Four

From my office standpoint and as a matter of policy, Mr. Page spoke as part of my press briefing
in his capacity as Chief of Diversity, Asst. Chief of Policy and Planning, and executive director of
the Human Relations Commission.  Mr. Page asked me if he could speak, and I said he could. 
Mr. Marcotte may ask to speak about utility issues, and he will be allowed to do so as he has in
the past.  Chuck Johnson may wish to speak to issues, and the same will go for him.  I know Mr.
Page apparently said he was speaking as a citizen, but anytime he speaks to these types of
issues with permission of this office he is speaking officially.  I think he was trying to distance
the comments from purely as my employee, trying to let people know he was giving his speech
and thoughts, not mine.  I can appreciate that since he did not run his comments by me first. 
Indeed, I have still neither seen nor heard the presentation.    

That Joe Page is at the same time a citizen and former neighborhood leader, and worked on
campaigns as well as served as a councilman, are additional attributes to the quality and
credibility of his speech (which must be weighed by citizens); these additional resume items of
Mr. Page are not exclusive to his ability to use a PEG channel, but merely additional.  Mr. Page
listed these items, presumably, to provide a context of personal and professional knowledge
about the goings-on at City Hall.

Current PEG Channel Uses, Configuration and Limitations

Of course, there are limitations to citizen use as the Channel is currently configured, for mostly
two, albeit not exclusive, reasons: there is no dedicated staff or funds available for a dedicated
operation of the channel and the Council has maintained the channel as a G only PEG.  A citizen
cannotcurrently demand production and support services to air comments, and is free to sign
up at council meetings to discus government agenda items.  The current policy is as follows:

The council president shall be guided by the following rules when controlling discussion:

Public comment.   

a.   Public comment concerning an agenda item upon which a vote is to be taken, including
ordinances or resolutions, shall be allowed at council and committee meetings open to the
public. Individuals should, when possible, arrange to discuss or comment on proposals during
committee hearings when an agenda item is considered. A public comment period should be
allowed by the president or presiding officer at any point in the meeting prior to action on an
agenda item uponwhich a vote is to be taken. Public comment shall be limited to issues
germane to the subject matter of a proposal under discussion and an individual expressing a
public comment on a germane agenda item shall have three minutes to state a position or
comment, provided the president, committee chair or presiding council member may grant
additional time for comment as may in the discretion of the presiding council member be
warranted. Proponents or opponents should declare in writing their desire to commentand file
with the city clerk prior to the meeting a notice of intent to comment on an agenda item.

b.   The presiding council member may, at his discretion, allow additional comment on agenda
items from the public at the conclusion of a council or committee meeting.

c.   Any council member who desires to invite public comment on a matter not pending as an
ordinance or resolution shall inform the council president of the need for public comment, the
subject matter and the necessary time for presentation of comment prior to a council meeting.
The agenda may be amended in accordance with state law.

I will leave it to you, the readers and PEG viewers to determine whether the Council follows
these rules.

There is not currently P (Public) and E (Education) use of the channel, the Council having
elected to maintain the channel as a G (Government) only.  The channel is owned by the
citizens of the region exercised through federal legislation designed to force cable operators to
allow such access to airwaves. 

What is Permissible Speech on the PEG?

You are incorrect in your statement about what is prohibited speech.  Political speech is
absolutely protected and appropriate for use on the channel; that is the G primary purpose: to
show government deliberation in real time.  On the other hand, campaign speech associated
with running for office is questionable and subject to different standards.  In those cases, the
fairness doctrine vestiges call for equal access and time.  Again, the Council has crossed these
rules when allowing persons seeking office to make announcements when all other candidates
in that class were not invited through a clear, definable policy.  There is at minimum the
appearance of favoritism and endorsement, which is the touchstone for a violation.

On the other hand, a televised debate open to all is a permissible use of the channel, unless
sanctioned or clearly designed to favor a candidate or proposition. 

Notably, during thecampaign for mayor, I pulled away from channel use and you specifically
reported this in a negative light toward me.

Your editorial comments relating there are questions raising what should and shouldn be aired
without a reference to a legal or official source are curious.  The use of the channel for
government discussion by government officials (Mr. Page) including by definition political
discussion is consistent with PEG.  Equally curious, you maintain without support that my
briefings are less about answering the media these days?  Is not that a function of your
questions and actual showing up and participating by asking questions?  Are you less able to
question at briefings these days?  I have to my recollection maybe once if ever cut a briefing
short during questions because of time constraints.  Can you tell me a time when ever this
occurred?     

The Legal Division and I must inform that rules governing PEGs are a Рmoving targetП at
times. There is little policy guidance in the form of court cases construing these issues.  If you
want some, however, my campaign has researched these issues extensively.  I would consider
turning over that information.  While what is represented here can be gleaned directly from
formalized policy constructions by best practices, court cases, and other citiesМ uses, I am not
rendering a legal opinion to the Town Talk, only my own policies and basis for my own actions.

Public Records Request Response and Scheduling Responsibility

I will have Mr. Sigur and Mr. Johnson print the schedule (which they are directed to do by
receipt of this memorandum), which has not historically been done by administrative
scheduling but council office scheduling through Mr. Sigur.  When I began doing briefings, I
asked Mr. Sigur to run the previous briefing before the current council meeting, run the council
meeting, and then the latest briefing afterward.  The rest of the programming has not flowed
from my office, but from divisions working directly with Mr. Sigur. 

Statement of Intent on Continued Use, Next Steps and New Policy Decision of Administration

Accordingly, my briefings and executive staff are free to respond to Council use of the PEG
channel in similar and equal measure, particularly when the use is to directly refute and
support positions taken by public officials.  That is precisely what has occurred.

Friday Before Council Briefings

āStarting with my Friday briefings to respond to the subsequent Tuesday council agenda, we
will use division heads in that address of agenda items, and ask that council chairs attend to
engage in the discussion. 

āWe will hold this in the afternoon of those Fridays for convenience. Either Kay Michiels or I will
host the discussion, or some other suitable designee. 

āWe will, when possible, accommodate the council chairМs schedule if he or she reports in
reasonable fashion (at least 48 hours prior) that he or she will attend.  Thisis so we can notice
the media within about 24 hours. 
 

āThis way, the chairs can take back the information, the public can witness the exchange, and
with the additional reports given before the full or РgeneralП council meeting (and available as
the basis for discussion at the Friday exchange), we will be that much more informed. 

āIf the council chairs attend the administrative briefing on the Friday before a council meeting
Tuesday and still there is a request after such attendance for administrative personnel to attend
the council committee or general meeting, we will oblige assuming there is decorum and
civility.    

Off Week Briefings

āWednesday briefings in the off week will be my general media response and to go over
administrative plans and policies.

Participation will beget participation.  Once again, the olive branch is extended from the
Administration for the betterment of the community at large.

RESPECTFULLY,

Jacques M. Roy

Mayor, City of Alexandria

Post Office Box 71

Alexandria, Louisiana 71309-0071

(318) 449-5000

(318) 449-5229 (fax)

jacques.roy@cityofalex.com
 

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From: McCormick, Bret [mailto:bmccormick@thetowntalk.com]

Sent: Wednesday, February 16, 2011 2:05 PM
To: Lisa Harris
Cc: Jacques Roy
Subject: Channel 4 schedule

Lisa,

Is there a schedule for when the mayor press briefing from today will rerun, or is that
something that just happens randomly and periodically?

Also, what is the policy for a citizen who wants to speak on Channel 4 (the way Joe
Page did today)?

-------------------------------------------------

Bret H. McCormick

City of Alexandria Reporter

The Town Talk

Alexandria, LA

Office -- (318) 487-6346

Cell -- (318) 730-1285

Fax -- (318) 487-6488