Legal Update Memo No. 01-2018 – Public Agency Statement of Facts (CCD)
Download pdf: 01-2018(CC) – Public Agency Statement of Facts with attachments (SPR)
The Roster of Public Agencies is a public list of basic facts about a community college district which includes the following:
- The full, legal name of the public agency;
- The official mailing address of the governing body;
- The name and residence or business address of each member of the governing body; and
- The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body.
Potential claimants can use the list to find names and addresses for filing a claim under the Government Claims Act with a district. The timely filing of a governmental claim with a district is a precondition to filing a lawsuit against that district.
The consequences of failing to maintain the currency of this factual information can be significant. Claimants may be allowed to file lawsuits without first filing timely governmental claims with the district if the basic facts listed above are significantly inaccurate or incomplete.
Government Code section 53051 requires every community college district to file a Statement of Facts about the district with the California Secretary of State and with the county clerk of each county in which the district maintains an office after it comes into existence and to periodically amend that Statement of Facts.
Subsection (b) of section 53051 requires districts to file an amended Statement of Facts within 10 days after a change in any of these basic facts. As a result of the recent elections and appointments of new board members, community college districts may be welcoming new trustees to their boards (See fact #3 above). Organizational meetings may result in a change in the presiding officer (See fact #4 above). If there are changes in the district facts listed above, it is important that you file an amended Statement of Facts with the Secretary of State and with the county clerk of each county where the district maintains an office. Failure to do so could relieve a claimant of the duty to comply with the Government Claims Act and increase district exposure to lawsuits.
Attached is a copy of Government Code section 53051 and a Statement of Facts form.
Legal Update written by: Steven P. Reiner, Associate General Counsel
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The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
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