Public Agency Statement of Facts (CCD) - School & College Legal Services of California

The Roster of Public Agencies is a public list of basic facts about a community college district.
1. The full, legal name of the public agency;
2. The official mailing address of the governing body;
3. The name and residence or business address of each member of the governing body; and
4. The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body.

LEGAL UPDATE

January 20, 2017

To: Superintendents/Presidents/Chancellors, Member Community College Districts

From: Steven P. Reiner, Assistant General Counsel

Subject: Public Agency Statement of Facts

Memo No. 02-2017 (CC)

The Roster of Public Agencies is a public list of basic facts about a community college district.

1. The full, legal name of the public agency;

2. The official mailing address of the governing body;

3. The name and residence or business address of each member of the governing body; and

4. 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 tort claimants against a district can use the list to find names and addresses for filing a governmental tort claim with a district. The timely filing of a governmental tort claim with a district is a condition to being able to pursue a tort lawsuit against that district.

The consequences of failing to maintain the currency of this factual information can be significant. Tort 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. An increase in the number of potential lawsuits places the district and board members at unnecessary risk.

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 Tort Claims Act and increase district exposure to lawsuits.

Attached is a copy of Government Code Section 53051, and a Statement of Facts form.

The Legal Update is a service provided by School and College Legal Services exclusively to our member clients.

Please contact our office with questions regarding this Legal Update or any other legal matter.

Attachments: Government Code section 53051

Statement of Facts form

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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