Solano County Grand Jury • 2023-2024

Registry of Public Agencies Filing Process

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Findings and Recommendations 6 findings

F1
– Agencies’ completion and filing of the Statement of Facts Roster of Public Agencies Form in Solano County, in many instances, are inconsistent, incomplete, inaccurate and out-of-compliance with Government Code section 53051. Review of 111 of the most current Forms (regardless of age) on file with the County revealed the following: a) Seventy-two agencies had a single Form on file, many dating back three decades. This represented 65% of the sampled Forms. b) Sixty-eight agencies’ Forms were aged nine years or more, representing 61% of the sampled Forms. c) Thirteen Forms (12%) listed a P.O. Box as the official mailing address despite filing instructions indicating that a street address must be given. Update NOTE: 12/2019 updated instructions now state that a P.O. Box is acceptable. d) The actual legal name of the entity was inconsistent in nine instances (8%). e) Thirty-eight Forms (34%) did not meet the regulatory reporting timeframe. f) Accuracy of board membership could not be independently verified on seventy-one Forms (64%). g) The current status of the agency could not be validated in forty-eight instances (43%).
Related Recommendations (1)
R1
– Approving legislative bodies in Solano County should provide guidance and training to ensure the accurate completion and filing of the required Forms. Consideration can be given to the following points: a) Suggest that governing bodies of public agencies begin to immediately use the Registry of Public Agencies Form (SF-405) available on the Secretary of State’s website (See Appendix A). Process Improvement – County Clerk’s Office devise and implement a process for agencies to complete and save the SF-405 Form and send it to a specified County email address for filing. Encourage the County Clerk’s office to work with the Secretary of State Special Filing Unit to establish a mechanism to electronically transmit the Forms to the State. This process will have minimal impact on the County Clerk’s Office and would ensure that County and State records are consistent. b) Upon commencement of the agency’s legal existence the approving legislative body direct the newly formed agency’s clerk and/or secretary to complete the initial filing within the 70-day requirement. c) Ensure the training provided by the approving legislative body directs the newly formed agencies to file subsequent updates within the required 10-day timeframe.
F2
– Comparative analysis of the most current Forms on file with the State to those on file with the County revealed 92 exceptions representing instances in which: a) The County Form does not match the State Form. b) The Form is on file with the County but not with the State. c) There is no Form on file with the County but there is one on file with the State.
Related Recommendations (3)
R2
Agency Information a. Full Legal Name of Public Agency b. Nature of Update (complete if Updated Filing) d. Official Mailing Address c. County
R2a
– Agency governing bodies ensure accurate and timely compliance by simultaneously filing updated forms to the County and State.
R2b
– If the agency submits its information electronically or by mail, a copy of the submission should be retained as a business record to prove compliance.
F3
– There is no comprehensive list of public agencies operating in Solano County that is accessible to residents.
Related Recommendations (3)
R3
Chairperson, President, or Other Presiding Officer a. Name b. Title c. Business or Residence Address
R3a
–The County Board of Supervisors, Clerk of the Board, County Administrative Office, and local City Councils collaborate to compile an accurate listing of public agencies, boards, commissions and committees within Solano County using the existing Online Local Appointment Database maintained by the County.
R3b
– The County Board of Supervisors, Clerk of the Board, County Administrative Office, and local City Councils review
F4
– There is currently no requirement for an agency to maintain a website, making it difficult to access current information online. However, since 2013 there has been a movement in the State to make information available and searchable online.
Related Recommendations (1)
R4
– Individual Solano County Agencies improve their transparency by establishing a website and keeping it current to benefit both agencies and citizens of the County. REQUIRED RESPONSES (ALL FINDINGS) Solano County Treasurer-Tax Collector-County Clerk Solano County Board of Supervisors Benicia Mayor and City Council City of Suisun City Mayor and City Council Dixon Mayor and City Council Fairfield Mayor and City Council Rio Vista Mayor and City Council Vacaville Mayor and City Council Vallejo Mayor and City Council COURTESY COPIES Solano County Administrative Officer California Secretary of State APPENDICES
F5
Other Members of the Governing Board (Enter as many as applicable. Attach additional pages for additional members.) Name Business or Residence Address Business or Residence Address Name Name Business or Residence Address Name Business or Residence Address Business or Residence Address Name
Related Recommendations (1)
R5
Other Members of the Governing Board (Enter as many as applicable. Attach additional pages for additional members.) Name Business or Residence Address Business or Residence Address Name Name Business or Residence Address Name Business or Residence Address Business or Residence Address Name
F6
Date and Sign Below (Additional members set forth on attached pages, if any, are incorporated herein by reference and made part of this Form SF-405, Registry of Public Agencies.) Date Signature Type or Print Name SF-405 (REV 12/2019) 2019 California Secretary of State Print Form bizfile.sos.ca.gov Clear Form Instructions for Completing the Registry of Public Agencies (Form SF-405) The governing body of a public agency is required, within 70 days after the commencement of the agency's legal existence, to file a specified statement of facts about the agency with the Secretary of State. This information is also required to be updated within 10 days of a change to it. Fees:
Related Recommendations (1)
R6
Date and Sign Below (Additional members set forth on attached pages, if any, are incorporated herein by reference and made part of this Form SF-405, Registry of Public Agencies.) Date Signature Type or Print Name SF-405 (REV 12/2019) 2019 California Secretary of State Print Form bizfile.sos.ca.gov Clear Form Instructions for Completing the Registry of Public Agencies (Form SF-405) The governing body of a public agency is required, after the commencement of the agency's legal existence, to file a specified statement of facts about the agency with the Secretary of State. This information is also required to be updated of a change to it. Fees:

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