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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B10-72. Books and records.

(a) The County shall have the right to inspect and copy books and records: related in whole or in part to the construction, operation or repair of the cable communications system; that the County deems relevant to monitoring compliance with the terms of this chapter, a franchise or applicable law; or that the County deems relevant to the exercise of any right or duty of the County under the same. Each cable communications system operator is responsible for maintaining control over such books and records whether created by franchisee, or by those acting on its behalf. It is responsible for producing these records upon the County's request, for the County's inspection and copying in accordance with Section B10-72(b). The records that franchisee may be required to produce shall include, but are not limited to revenue records, and other records related to compliance with any provision of this chapter or a franchise ordinance. Books and records must be maintained for a period of five years, except that a franchise ordinance may specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials. The phrase "books and records" shall be read expansively to include information in whatever format stored.

(b) Books and records requested shall be produced to the County by a time and at a location in the County designated by the County Executive or designated in a franchise ordinance. However, if the requested books and records are too voluminous, or for security reasons cannot be copied and moved, or if the requested books and records contain trade secrets, then the franchisee may request that the inspection take place at some other location mutually agreeable to the County and the franchisee, and the County will not unreasonably deny the request, provided that (1) the franchisee makes necessary arrangements for copying documents selected by the County after its review; and (2) the franchisee pays all travel and additional copying expenses incurred by the County (above those that would have been incurred had the documents been produced in the County) in inspecting those documents or having those documents inspected by its designee.

(c) Any proprietary information received by the County from a franchisee must be clearly marked as proprietary information which the franchisee asserts is not required to be disclosed pursuant to the California Public Records Act. If a third party seeks release of a document held by the County marked as provided in this section, the County will notify the franchisee so that the franchisee may seek court protection against the release of the document.

(Ord. No. NS-905, § 2, 12-13-05)

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