(A) Any subscriber, user, programmer, or member of the general public who has a complaint regarding the quality of service, equipment malfunctions, billings, or any other matters, which remains unresolved for 30 days after it has been brought to the grantee's attention, in writing, may file that complaint, in writing, with the City Manager who shall have primary responsibility for the continuing administration of complaint procedures and who shall adopt such specific rules and regulations as are necessary to fairly represent the best interest of the public.
(B) The City Manager is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to Council for hearing and determination. Council may accept, reject, or modify the decision of the Manager, and Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this chapter.
(C) Fact finding and mediation shall be employed as a means to resolve any disputes or controversies arising from the complaint procedure or from the enforcement and administration of any other section of this chapter. These methods shall not be the first resort of the parties, but shall be undertaken only after a reasonable time has been expended in good faith negotiation.
(1) Any unresolved controversy or dispute shall be submitted to an expert individual acceptable to both parties for an investigation of the facts and a report thereof. Such fact finding shall be for the purpose of developing better information for the use of both parties and shall not be binding.
(2) If the matter is still unresolved it shall be submitted to an expert individual, acceptable to the parties, for the purpose of facilitating discussion and receiving new perspectives on the issues and new proposals for compromise. Such mediation shall not be binding. In fact finding or mediation, the parties shall each present a maximum of 3 names for possible service as the expert. If there is no agreement on any of the names, the American Arbitration Association shall select a person to fulfill the function of expert. The expense of fact finding and mediation, including the fees of experts, shall be equally borne by the city and the grantee.
(1974 Code, § 111.11) (Ord. 38-79, passed 7-16-1979)