Legal Update - Registry of Public Agencies

Keeping your District's information accurate and up-to-date in the Registry of Public Agencies isn't just good practice – it's a critical legal safeguard. This public registry serves as a vital public resource, providing essential details about your District, including its legal name, official mailing address, and the names and addresses of all governing board members, including the chairperson and secretary. Think of it as a public directory that ensures transparency and accessibility for anyone needing official information about your district.

California Government Code section 53051 mandates that every government agency (including recreation and park districts) file a Statement of Facts form SF-405 with both the California Secretary of State and your County Clerk in each county where your District has an office. This isn't a one-time task; the law requires Districts to amend their statement within 10 days of any change to these basic facts, such as welcoming new board members after an election or appointment. It's also crucial to use your district's full legal name, not an abbreviated acronym, when filing to ensure proper identification.

One of the primary reasons for maintaining an accurate Registry listing is its direct impact on legal claims. Under the Government Claims Act, potential claimants rely on this information to properly file a claim against your district. The timely filing of such a claim is a mandatory prerequisite before any lawsuit can proceed. If the information in your District's Registry listing is significantly inaccurate or incomplete, it could have severe consequences, potentially waiving the requirement for claimants to file a timely governmental claim, opening your district up to immediate litigation.

Indeed, there has been a recent trend in state court filings in which there is a challenge to an agency’s legal status as a government agency by pointing to the currentness of the filings in the Registry of Public Agencies. Your District should take action to ensure your filing is up to date and accurate by completing the SF-405 form and following the mailing instructions found on the California Secretary of State website at https://bpd.cdn.sos.ca.gov/sf/forms/sf-405.pdf.