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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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County Counsel’s Office
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DATE:
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August 11, 2004
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BOARD MEETING DATE:
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August 31, 2004
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TO:
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Honorable Board of Supervisors
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FROM:
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County Counsel
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SUBJECT:
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Resolution Authorizing the Use of Facsimile Signatures
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Recommendation
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Adopt a resolution authorizing the President of the Board of Supervisors to use a facsimile signature on official County documents.
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Background
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The President of the Board of Supervisors is required to sign a large volume of official documents, including contracts, notices, applications, and deeds. Frequently, the signature of multiple copies is required.
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State law (Government Code §25103) authorizes the President’s use of a facsimile signature for county business documents upon adoption of a resolution of the Board of Supervisors. Papers, documents, or instruments bearing the facsimile signature shall be accorded the same force and effect as though personally signed by the chairperson, if the documents have been delivered to him or her. A certificate by the clerk that a copy of that document has been delivered to the President of the board shall be prima facie evidence of the delivery.
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A resolution authorizing the use of facsimile signatures was last adopted in 1987. However, its application was limited to the supervisor who was serving as President of the Board of Supervisors at that time.
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Discussion
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In order to minimize the need for multiple signatures, it is recommended that your board authorize the use of a facsimile signature consistent with the requirements of state law.
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The proposed resolution would apply retroactively to January 1, 2004. It would also permit future Presidents of the Board of Supervisors to use facsimile signatures if they decided to do so. However, they would not be required to do so, and could choose to use original signatures.
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We have also prepared the necessary certification of delivery to be signed by the Clerk of the Board of Supervisors in the event that the President decides to use the facsimile signature.
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Vision Alignment
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The proposed ordinance furthers the County’s efforts to promote responsive, effective and collaborative government.
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Fiscal Impact
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There is no fiscal impact.
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