Following the November 2020 election, several local agencies may have welcomed new board members to their ranks. In addition to the various disclosures required of the new board members, the local agency also has a legal obligation to disclose additional information about its new board members.
Government Code section 53051 requires local agencies to update their Statement of Facts – Roster of Public Agencies document, which must be filed with both the Secretary of State and the county clerk of each county where the agency operates an office. The form contains various fields, including the full, legal name of the agency; the official mailing address of its governing body; the name and residence or business address of each member of the governing body of the agency; and the name, title, and residence or business address of the clerk or secretary of the board and the chairman, president, or other presiding officer. Should any changes occur that affect any of those fields, an updated form must be filed within 10 days with both the Secretary of State and the county clerk of each county where the agency operates an office.
While Government Code section 53051 does not provide specific sanctions for failures to abide by its provisions, local agencies may find themselves vulnerable in legal proceedings absent compliance. Government Code sections 960.2 and 960.3 allow for individuals seeking to initiate legal proceedings against an agency to leave copies of the service of process with the Secretary of State, rather than with the local agency, if their Statement of Facts – Roster of Public Agencies filings are grossly deficient or incomplete. Local agencies might not be able to rely on pre-existing legal protections if served in this manner.
The Statement of Facts – Roster of Public Agencies, also known as Form NPSF-405, is available for download at the Secretary of State’s website, at http://www.sos.ca.gov/business-programs/special-filings/forms/.
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