Keenan Briefings

Briefing

Reminder: Government Code Requires Filing of Form SF-405 for JPA Board Changes

Since 1963, California law has provided that the governing body of each new public agency (including all new joint powers authorities, or “JPAs”) file certain information with the Secretary of State and the county clerk of each county in which the public agency maintains an office. Government Code § 53051 requires the disclosure of the following information on Form 405, “Registry of Public Agencies.”

• The full, legal name of the public agency
• The official mailing address of the governing body of the public agency
• The name and residence or business address of each member of the governing body of the public agency
• The name, title, and residence or business address of the chairperson, president, or other presiding officer, and clerk or secretary of the governing body of the public agency

The law also provides that a public agency must file an amended statement within 10 days after any change in the facts reported in the original Form SF-405. The amended statement is filed on the same form, but the filer will check “Updated Filing” in Box 1.

This requirement must be met any time there is a change in the names or reported addresses of the members of the governing body of the agency as well as any time there is a leadership change on the governing board. For JPAs that are comprised of many public agencies, that may require more frequent filings to ensure that the information on file with the Secretary of State is up to date.

Should you have any questions regarding the information contained within this briefing, please reach out to your Keenan Representative or Keenan Account Manager.

Keenan is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities, and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.