II. MISSION, PURPOSES, POWERS, AND RELATED MATTERS
IV. ESTABLISHING AND MAINTAINING MEMBERSHIP
IX. AMENDMENTS, CHANGES, SPECIAL ACTIONS
The name of Muskego Public Access Group, referred to herein as MPAG, refers to an organized group devoted to promoting community awareness through videotaping and airing of community events, and promoting the use of public access channels for the benefit of the community. The name Muskego Access Channel 7 (MACH7) may also be used by the members of MPAG, in description of their group's activities regarding use of access channels.
Cable Access Channel 7 Rules and Guidelines refers to the rules for the use of the Muskego Public Access Channel 7 Studio and the use of the access channel(s) available.
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It is the intention of the Muskego Public Access Group (M.P.A.G, or MPAG ) to develop, implement, and administer a comprehensive set of guidelines established specifically for the Muskego Public Access Channel 7 studio and airing channel. These guidelines shall include rules for studio equipment usage; video taping and airing requirements; the provision of videotaped and live broadcasting of programmed community-wide events; and responsibility descriptions of the M.P.A.G. and the Recreation Department in relation to the Cable Channel 7 studio and channel operations.
The mission of MPAG is to provide the citizens and community of Muskego with the facilities, equipment, training, and support necessary to create, produce and broadcast cable television programs by, for, and about the City of Muskego. Such programming will be aimed at the preservation, development, and enhancement of the diversity of thought, culture, and heritage within the greater Muskego community.
In order to fulfill this mission to provide such a community communications system, MPAG will provide for all of the facilities, equipment, training, and channel space to the public on a first-come, first-served basis, without regard for race, creed, sex, national origin, or religious preference. In addition, MPAG shall maintain these channels in a manner that is free of censorship and control of programming, except as necessary to comply with local, state, or federal laws or regulations. MPAG facilities and channels will be open to all residents of the city and approved users, and will be available for all forms of public expression, community information, and debate on public issues. MPAG air time will be available on a non-charge basis, and use of facilities for purposes of broadcast programming will also be on a non-charge basis.
1. MPAG establishes the airing schedule for channel 7 at its monthly main meeting. The MPAG Program Director is responsible for establishing the primary schedule.
2. *The M.P.A.G. is responsible for the "live" broadcast/taping of all City Common Council meetings (the (2) and (4) Tuesday of each month) as their commitment for usage of the Cable Channel 7 studio and equipment.
2a. This commitment applies to the MPAG as a whole. Individual members are not required to perform these duties, but MPAG as a whole must make sure this commitment is met, and to that end, encourages all members able to fulfill this requirement do so.
3. Other city meeting broadcast/taping are not the responsibility of MPAG. They are treated as any other taping/airing request, and may be aired or not at MPAG's discretion.
4. The powers of the MPAG and of its Directors, officers, committees and members, and all matters concerning the conduct and regulation of the affairs of the MPAG and the manner in which and the officers and agents by whom its purposes may be accomplished shall be governed by such provisions in regard thereto, if any, as are set forth in these Bylaws.
5. All references in these Bylaws to the Cable Access Channel 7 Rules and Guidelines shall be construed to mean the Cable Access Channel 7 Rules and Guidelines as from time to time amended.
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1. *Membership into the Muskego Public Access group is open to any City of Muskego resident (any Channel 7 viewing area resident). Non-resident membership may be permitted with M.P.A.G. consensus only.
2. *Membership is on an individual basis only. Persons belonging to the immediate family of a member may participate along with the member. Organizations and institutions may not be members, but individuals of those organizations may be.
1. Members will agree to participate in productions a minimum of two (2) times during the calendar year. Members are all volunteers, and no fees are required for MPAG membership.
1a. Members may join the MPAG as "non-established" members by filling out the MPAG membership form. Participating in one production qualifies a new member as an established member. Within these Bylaws and other rules, the term Member refers to established members; those who have met part of their obligation for MPAG membership.
2. *Certain activities count as participating in productions, in addition to producing program. These include, but are not necessarily limited to, performance of organizational activities, such as MPAG officer's responsibilities, presentations to public organizations, etc. Such activities will be accepted as performing membership duties by a majority consensus of the MPAG membership.
2a. *Membership annual review: Membership shall be reviewed on an annual basis from January to December. If said member has not met their obligation (of two activities per year), they will be notified that they have 30 days to fulfill this obligation or they will be dropped from membership. {Membership lapse starts in January}.
3. *A notice will be mailed at the end of November to members telling them how to qualify for membership. For members who have not met obligations, include a note indicating this.
4. Resignations
Members of the MPAG may resign at any time. Said resignations shall be effective upon the filing of a written notice of resignation with the Secretary , except in the case of a Member of the Board of Directors, who shall hold office until his or her successor is elected or appointed unless removed prior thereto in accordance with law and these Bylaws.
5. Compensation
No Member shall receive any compensation for his or her services as a member of the MPAG as such. However, members shall not be precluded from receiving compensation for services rendered to the MPAG in other capacities, provided that a formal agreement between the member and the MPAG is approved by the Board of Directors or its designee, prior to the provision of the service and a full disclosure of the nature of the service and terms of compensation is made to the Directors and filed with the Secretary. No Member shall vote on any matter for which he or she is engaged to render service in an independent capacity.
6. Non-Discrimination
Membership shall be open to all, and membership, or the composition thereof, shall not be based on race, color, sex, age, religion, national origin or sexual preference.
7. *An updated list of members with address and phone number shall be available to all members, and will be made available to all through the Parks and Recreation Department, and will be made available to the Muskego Public Library.
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1. *The M.P.A.G. will meet once each month at a designated time. All M.P.A.G. members are expected to attend these meetings if possible. M.P.A.G. will set the date of these meetings, and can change this date by group consensus.
2. The main M.P.A.G. is on the Wednesday after the 3rd Tuesday of each calendar month, unless otherwise indicated by the M.P.A.G. membership. The date and time of the next meeting must be placed on the CG scroll at least one week before the meeting, and should be updated within one week of the previous meeting if possible.
3. The Agenda of the M.P.A.G. meeting should be sent out to members at least two days prior to the meeting.
4. In addition to the main M.P.A.G. meeting, a separate Business Meeting will be conducted monthly to cover issues regarding policies, regulations, budget decisions, and other issues which do not relate directly to the production of programming, setting the airing schedule, and training. Decisions regarding items discussed at this meeting will be reported at the main meeting, and may be reviewed and amended at that meeting. This meeting will be held on the 3rd Tuesday of each month.
5. *Meetings shall be conducted according to a general AGENDA process. Four (4) constant items to the agenda shall be (1) club budget, (2) training, (3) taping and airing schedule, and (4) programming. Other items may be included upon membership consensus. Current common additional items are: (a) Call to order, (b) Approval of minutes, (c) treasurer's report (may be shared with budget), (d) Other, (e) Adjournment.
6. Special Meetings
Special meetings of the MPAG may be called by one-third (1/3) of the Members of the Board of MPAG, the President, any Vice-President, or the Treasurer. The call for the meeting shall be made by the Secretary, or in case of his or her death, absence, incapacity or refusal, by any other officer, or, in the case of a meeting called by one-third (1/3) of the Members of the Board, by one such Board Member, and shall state the date, hour and purpose of the meeting, and the place at which it is to be held.
7. Meeting Locations: *All meetings shall be held in the Cable Channel 7 studio in City Hall unless designated otherwise.
A written notice of every annual or special meeting of the MPAG, stating the place, date, hour and purpose thereof, shall be mailed by the Secretary, or by the person calling the meeting, at least five (5) days before the meeting to each person entitled to receive notice at his or her address as it appears upon the records of the MPAG.
No notice of the time, place or purpose of any regular or special meeting of the MPAG shall be required to be given to any Member who expressly waives such notice or who is present or represented at such meeting, or who, or whose proxy or attorney whereunto authorized by a writing which is filed with the record of the meeting, waives such notice. Presence at a regular or special meeting of the MPAG without protest of the lack of notice shall be deemed waived of notice.
At any annual or special meeting of the MPAG, one-third (1/3) of the persons entitled to vote upon a question to be considered at such meeting shall constitute a quorum for the consideration of such questions, but a lesser number may adjourn any meeting from time to time, and the meeting may be held as adjourned without further notice.
9a. At any general, business, or board meeting of the MPAG, one-third (1/3) of the members of the Board of Directors, or their designated substitute representatives, may be considered a quorum, as an alternative to the above requirements.
At any meeting of the MPAG, each Member shall have one vote on all matters which have been brought before the meeting. Those eligible to vote on a question may vote either in person or by written proxy dated not more than one month before the meeting named therein.
Each proxy, or written notice of a proxy, shall be filed with the Secretary of the meeting, or of any adjournment thereof, before being voted. Except as otherwise limited therein, the proxy shall entitle the person(s) named therein to vote at any adjournment of such meeting. A proxy purporting to be executed by or on behalf of a voting member shall be deemed valid unless challenged at or prior to exercise. Proxies, or notice of proxies, duly filed shall not be included in the count to determine whether a quorum has been met. If a notice of proxy is filed, the proxy shall be filed with the Secretary within five (5) business days after the adjournment of the meeting.
When a quorum is present at any meeting, a majority of the persons present or represented by proxy thereat and entitled to vote shall, except where a larger vote is required by law, by the Cable Access Channel 7 Rules and Guidelines or by these Bylaws, decide any question brought before such meeting. The term "MPAG consensus" refers to such a majority vote within these Bylaws.
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By majority consensus, a Representative shall be approved by the M.P.A.G. to serve as liaison for the M.P.A.G. and the Recreation Department, and any other city officials.
1a. Responsibilities
The Representative shall be titled "President of M.P.A.G.", and shall:
*Be present at all M.P.A.G. meetings, or appoint a designated representative to officiate at the meeting.
*Conduct all M.P.A.G. meetings through the agenda process. The agenda shall be put together in cooperation with the Recreation Director (and the Recreation Secretary).
*Communicate on a regular basis with the Recreation Director regarding the M.P.A.G. AND Cable Channel 7 studio operations and items.
*Oversee the rules and guidelines of the M.P.A.G. and the Cable Channel 7 studio.
*The President shall be, ex-officio, a voting member of all MPAG committees. The President shall be chairperson of the MPAG Board of Directors, Executive Committee, and shall nominate the chairpersons of all other committees.
Other persons may be elected by the MPAG membership to fill duties as needed by MPAG. All officers are elected by majority consensus at a meeting noticed for such action. Current offices are:
2a. Secretary. Keeps minutes of meetings, MPAG records. The Secretary uses the title Communications Director as a member of the MPAG Board of Directors.
The Secretary shall issue notices of all meetings of the Board of Directors, and shall send such official notices as may be directed by the Board. The Secretary shall also be responsible for all general correspondence of the Board and for keeping records of the meetings of the members and the Board.
2b. Treasurer. Keeps and reports financial records. The Treasurer uses the title Finance Director as a member of the MPAG Board of Directors.
The Treasurer of the MPAG shall be the chief financial officer and shall have the custody and control of all funds; shall cause all debts and obligations of the MPAG to be paid; and shall furnish a monthly financial statement and an annual audited statement of all receipts and disbursements of the MPAG to the Board of Directors of MPAG.
2c. Program Director. Creates primary airing schedule for public access channels, deals with airing time requests from members and non-member citizens of the Muskego area.
2d. Activities Director. Keeps track of taping event requests, live airing operator scheduling, and other activities related to creating MPAG programming.
The above officers are voting members of the MPAG Board of Directors. Any of the above officers may act to fulfill the duties of the President the event of the absence or incapacity of the President, with the order of precedence being: Secretary, Treasurer, Program Director, Activities Director.
2e. Each officer shall, subject to these Bylaws, have in addition to the duties and powers specifically set forth in these Bylaws, such duties and powers as are customarily incident to his or her office, and such duties and powers as the Board of Directors may from time to time designate.
The MPAG Board of Directors consists of the above said officers, plus a number of additional elected directors. The number of directors may be changed by a 2/3 majority of the membership.
Note: At this time, no additional directors are required by MPAG.
Any officer may resign by delivering his or her written resignation to the MPAG at its principal office or to any other officer. Such resignation shall be effective upon its acceptance by the Board of Directors. The Board of Directors may remove from office any officer by a vote of two-thirds (2/3) of its entire number then in office.
A vacancy in any duly constituted office may be filled by vote of the Board of Directors whenever it occurs. An election, as specified for the office, may be called for by the board, or by any member, to permanently fill the vacant office.
Officers shall receive no compensation for their services as officers of the MPAG as such; provided, however, that any officer may, if authorized by the Board of Directors, be reimbursed for necessary expenses, including travel expenses reasonably incurred by that officer in the performance of his or her duties as an officer.
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The standing committees of the Board of Directors shall be as follows:
a) Executive Committee
b) Finance Committee
c) Development Committee
d) Promotion/Outreach Committee
e) Nominating Committee
f) Programming Committee
g) Access Uses Committee
h) Grievance Committee
i) Long Range Planning Committee
Committee chairpersons shall be nominated by the President and elected by majority vote of the Board of Directors. The members of each standing committee shall include Directors elected by the Directors.
Except for the Executive Committee, Finance Committee and Nominating Committee, the committees shall also include Associate Members nominated by the chairperson and elected by the Directors. The members shall be selected so that the committee composition shall reflect the diversity of interest in the City and provide the appropriate balance of views and skills required to meet the stated goals of the committee.
Chairpersons of committees are responsible for keeping minutes of their meetings and furnishing reports as requested. All committees may establish advisory boards as appropriate.
The Executive committee shall comprise the chairperson of each of the standing committees and the President and officers of the MPAG.
The President of the MPAG shall serve as chairperson of the committee. During the intervals between meetings of the Board of Directors, the Executive Committee shall possess and may exercise all the powers of the Board of Directors in the management and direction of the affairs of the MPAG in all cases in which specific directions shall not have been given by the Board of Directors. All actions by the Executive Committee shall be reported to the Board of Directors at its next meeting following such action. Regular minutes of the proceedings of the Executive Committee shall be kept by the Secretary of the MPAG. One-third (1/3) of the members of the Executive Committee shall constitute a quorum and in every case the affirmative vote of a majority of the entire committee, in person or by proxy, shall be necessary for the passage of any resolution.
Each year, in good time prior to the start of a fiscal year, the Executive Committee shall review the existing annual goals, priorities and work plan for the MPAG and recommend changes for the coming year.
The Executive Committee shall also review and evaluate the MPAG's general operations.
The Finance Committee shall prepare and recommend the detailed annual budget for the MPAG prior to the start of each fiscal year based on the goals, priorities and balance of activities decided by the Board of Directors. The Committee shall monitor periodically for variances between actual and projected spending and shall recommend budget adjustments to the Board as needed. The Committee shall monitor fiscal activities with respect to the tax-exempt status of the MPAG.
The Finance Committee shall review the annual financial statements; approve annual audit reports; and recommend to the Board the selection of, and fees to be paid to, the independent certified public accountant for the MPAG. It shall be the responsibility of the Finance Committee to report to the Board of Directors whether the MPAG is meeting its projected budget and on the scope and adequacy of the annual audit and related fees. The Finance Committee shall continually monitor and report to the Board of Directors on the effectiveness and adequacy of the MPAG's interval accounting controls, and will include in that report its findings as to whether or not any errors, omissions, criticisms or recommendations contained in the management letter of the independent certified public accountant, if one accompanies the annual audit, have been properly dealt with.
The Development Committee shall develop and implement fund raising strategies for the MPAG. The Committee shall recommend to the Board of Directors an annual fund raising plan and special fund raising plans. Upon the adoption of a fund raising plan by the Board of Directors, the Development Committee shall enlist members of the Board of Directors, Members, and other volunteers to assist in the implementation of specific projects. The Committee shall meet regularly to monitor the MPAG's fund raising status.
The Promotion/Outreach Committee shall develop and implement strategies for developing a broad-based membership for the MPAG, including institutions and individuals interested in producing programming, in viewing programming, and in supporting the MPAG's mission. The Committee shall also develop and implement strategies for providing information to the community on the MPAG in general and on its specific programs. The Committee shall recommend to the Board of Directors an annual promotion and outreach campaign and, upon adoption of the campaign by the Board of Directors, shall enlist members of the Board of Directors, Members, and other volunteers to assist in the implementation of the promotion and outreach campaign.
The Nominating Committee shall nominate Directors in accordance with Article IV, Paragraph 3 above.
The Programming Committee shall be responsible for ensuring that a wide variety of programming which addresses the interests and needs of Muskego area residents is available, either through the production or acquisition of such alternative programming. The Committee shall consider the balance and scope of programming produced by individuals and institutions in the community, by the MPAG itself, and by other sources.
The Programming Committee shall review and evaluate the allocation of channel space and other programming space which the MPAG manages, operates, or otherwise aids in scheduling; shall annually recommend to the Board of Directors revisions to the long range plan of the MPAG; shall recommend to the Board of Directors procedures for the development and evaluation of strategies to maximize the quantity and quality of original programming produced or fostered by the MPAG; shall review and recommend to the Board of Directors proposals for grant funding and then monitor these, and report regularly all programming and channel operation activities to the Board.
The Committee shall develop relevant policy recommendations for Board consideration.
The Access Uses Committee shall, subject to the direction and approval of the Board of Directors, encourage the development and production of public access, educational, health care, cultural, human services, and other community programming; and shall evaluate the use of the MPAG's access facilities and training and assistance made available to individuals and institutions in the community in order to encourage the production of such programming.
The Committee shall develop relevant policy recommendations for consideration by the Board of Directors.
The Grievance Committee will hear complaints from members and staff of the City of Muskego and other residents of the City of Muskego area relating to claims of unfair treatment, rules violations, and improper management decisions. Complaints must be submitted to the committee in writing only after being thoroughly pursued with MPAG officers. The Committee has the right to refuse to pursue matters which it believes are trivial, irrelevant or beyond its scope. The decisions of the Grievance Committee are final except in the case of grievances by paid staff of the City of Muskego, which must (1) be heard only by Directors, and (2) be further referred to the City of Muskego government for ratification.
The Long Range Planning Committee shall examine issues that go beyond the day-to-day management of the MPAG, for example: establishing new access centers, establishing new modes of community access, the overall organization of the MPAG, the range of services provided by the MPAG, new technologies and their impact on the MPAG. The Committee shall consider and recommend new uses for the facilities with a view to encouraging the development of programming and networked services by Muskego's major non-profit institutions. The Committee shall design and initiate experimental uses of cable's unique communications capabilities.
The Committee shall generally monitor the development and overall status of the MPAG in order to shape their recommendations for future action, and specifically will monitor the progress of the Standing Committees in meeting their goals on behalf of the Board of Directors.
The Board of Directors may create such other committees and delegate such responsibilities to those committees as shall be considered desirable and permissible from time to time.
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The Recreation Director has the additional responsibility as Manager of the Cable Channel 7 studio operations and Advisor to the M.P.A.G.
1a. Responsibilities
The Recreation Director shall:
*Oversee daily operation of the Cable Channel 7 studio operation.
*Communicate on a regular basis with the M.P.A.G. President regarding the M.P.A.G. and Cable Channel 7 studio operations and items.
*Assist and advise with meeting agenda development and general operations of the MPAG and Cable Channel 7 studio.
*Oversee the M.P.A.G. operating and capital budgets. Budget updates will be provided at each monthly meeting.
*Oversee the rules and guidelines of the M.P.A.G. and the Cable Channel 7 studio.
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The Recreation Secretary assists the Recreation Director and the M.P.A.G. in daily operations of the Cable Channel 7 studio.
2a. Responsibilities
The Recreation Department Secretary will:
*Update the cable calendars (C.G. "scroll") on a daily basis.
*The MPAG Program Director establishes the primary monthly airing calendar, which is reviewed by MPAG at its monthly meeting. The Recreation Secretary, and Recreation Director, may add additional programming to the calendar in accordance with the guidelines for scheduling programming. The calendar shall be mailed to all members and pertinent sources.
*Set up tapes to be aired. This includes putting tapes into tape decks as necessary, programming the timing control switcher to control the tape decks, and updating the on-air calendar to indicate when programs will be aired.
*Inform the Recreation Director of all equipment usage requests which are made during office hours.
*Assist with tape and program development when necessary.
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Any part or all of these Bylaws may be altered, amended or repealed from time to time by a two-thirds vote of the Directors present at a regular or special meeting of the Board duly called for that purpose, provided that notice of the substance of the proposed alteration, amendment or repeal shall be stated in a notice for such meeting mailed to the Directors no less than five (5) days before such meeting. Any such amendments must be approved by a 2/3 majority of the voting members attending a general, special, or annual membership meeting.
No Director or officer of the MPAG may participate in the evaluation, review, and approval of any application for a grant or any other matter in which he or she has a direct personal interest. No Director or officer may participate in a particular matter in which an organization by which he or she is employed, or of which he or she is an officer or director, has greater than a ten percent (10%) interest.
The decision of the Board of Directors shall be final in determining whether a Director or officer shall be disqualified from participation in any way in the matter.
All grants and other transactions shall be conducted at arm's length and shall not violate the proscriptions in the these Bylaws, or any other applicable prohibition against the MPAG's use or application of its funds for private benefit. No such loan or transaction shall be entered into if it would result in denial of or loss of tax exempt status.
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The Board of Directors shall develop rules ensuring that channel time for public access purposes is available to residents and groups on an equitable and non-discriminatory basis. Said rules shall preserve the principle that a reasonable minimum amount of channel and facility time is available to Muskego area residents for public access communications purposes at no cost each month. Access time shall be allocated on a first come, first served, non-discriminatory basis.
Cable Access Channel 7 Rules and Guidelines may be amended under the same terms as these Bylaws. Sections I. and II. of the MPAG Bylaws, Guidelines, and Rules book include these rules and guidelines.
The MPAG Board of Directors, in agreement with their members, may establish enforceable policies in accord with these Bylaws and the Cable Access Channel 7 Rules and Guidelines, as long as these policies do not alter the substance of these Bylaws, Rules, or Guidelines.
The MPAG shall, to the extent legally permissible, indemnifyeach of its Directors and officers (including persons who serve at its request as Directors and officers of another organization in which it has an interest) against all liabilities and expenses, including amounts paid in satisfaction of judgments, in compromise or as fines and penalties, and counsel fees, reasonably incurred by him or her in connection with the defense or disposition of any action, suit or other proceeding, whether civil or criminal, in which he or she may be involved or with which he or she may be threatened, while in office or thereafter, by reason of his or her being or having been such a Director or officer, except with respect to any matter as to which he or she shall have been adjudicated not to have acted in good faith in the reasonable belief that his or her action was in the best interests of the MPAG; provided, however, that as to any matter disposed of by a compromise payment by such Director or officer pursuant to a consent decree or otherwise, no indemnification either for said payment or for any other expenses shall be provided unless such compromise shall be approved as being in the best interest of the MPAG after notice that it involves such indemnification: (a) by a disinterested majority of the Directors then in office; or (b) by a majority of the disinterested Directors then in office after the MPAG has received an opinion in writing of independent legal counsel to the effect that such Director or officer appears to have acted in good faith in the reasonable belief that his or her action was in the best interests of the MPAG. Expenses, including counsel fees reasonably incurred by any such Director or officer in connection with the defense or disposition of any such action, suit or other proceeding, may be paid from time to time by the MPAG in advance of the final disposition thereof upon receipt of an undertaking by such individual to repay the amounts so paid to the MPAG if he or she shall be adjudicated not to be entitled to indemnification under State or Federal Law. The right of indemnification hereby provided shall not be exclusive of or affect any other rights to which any Director or officer may be entitled. Nothing contained herein shall affect any rights to indemnification to which corporate personnel may be entitled by contract or otherwise under law. As used in this paragraph, the terms "Director" and "officer" include their respective heirs, executors and administrators, and an "interested" Director is one against whom, in such capacity, the proceeding in question or another proceeding on the same or similar grounds is then pending.
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The rules established are provided as a means of guiding the operations of the volunteer membership of the Muskego Public Access Group.
Should either the City of Muskego or the M.P.A.G. feel that these rules should be changed, it shall be the responsibility of both the Public Services Committee and the M.P.A.G. to mutually agree upon any changes to the community access rules. If the Public Services Committee and the M.P.A.G. cannot mutually agree, there would be no change in the rules.
MPAG is not an agent or affiliate of the City of Muskego, nor of Warner Cable. While its rules and general operations are overseen by the City of Muskego, its actions are independent of the city, and the City of Muskego may not be held liable for the actions of MPAG.
Approved April 16, 1997.