Verbal - Cosgrove AffidavitTOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK CIVIC CENTER
110 E. MAIN STREET
P.O. BOX 2
Los GATOS, CA 95031
AFFIDAVIT OF CERTIFICATION
OWN COUNCIL
LET I NG
STATE OF CALIFORNIA ) T Y T O W N C L E R K
COUNTY OF SANTA CLARA) SS GATE
TOWN OF LOS GATOS
MARIAN V. COSGROVE, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE IS
THE DULY ELECTED AND QUALIFIED TOWN CLERK OF THE TOWN OF LOS GATOS; AND THAT SHE HAS
HELD THE PRESENT OFFICE OF TOWN CLERK SINCE DECEMBER 6TH, 2004 AND HAS RECEIVED
INSUFFICIENT INFORMATION TO CERTIFY ANYTHING BUT THE NOVEMBER ELECTION OF 2004.
MARIAN V. COSGROVE, T N CLERK
TOWN OF LOS GATOS, CA FORNIA
NOVEMBER 21, 2005
BACKGROUND
The Office of Town Clerk received the Council Packet of November 21, 2005 on Friday evening,
November 19, 2005 in the same fashion as Council members receive their meeting packets. These
records will be retained for this Office's use in certifying the Legislative action ofthis Town. I made
note of the additional records I will need for certification at Council's last meeting. I have reviewed
this packet and the last meeting's packet, but find most of the reports incomplete for this Office's
certification.
I am again including the items I need in this report for Council to see, and for the public to take note
of. I will try to explain once again why all relevant material is essential for verification, certification,
and for this Office to be able to truthfully act as the custodian of the full legislative action, and to be
capable of complete verification of the people's business.
The original packet should be on the Town Clerk's desk awaiting certification of the reports with the
following items and information included: [IT WAS NOT]
* The working agendas that show that the items on the final agenda have been anticipated and
that there has been sufficient time to notice certain items by publication, posting, pre-bid notification
and proper attesting to those notices by the Office of the Town Clerk. [THEY WERE NOT]
Page 2: original packet continued
* A copy of the Notices that were posted in three public locations with the posted dates adhered
to them. [THE ORIGINALS WERE NOT IN THE PACKET]
* The Posting Log in binder form which show the posting times of the agendas and the posting
times of any amendments to the agendas. [THIS WAS RECEIVED]
* The Affidavits of Publication which should have been received from the newspaper of record
[COPIES WERE SHOWN TO THE TOWN CLERK BUT THE ORIGINALS MUST
BE ATTACHED TO THE ORIGINAL DOCUMENTS WHICH I AM CERTIFYING TO]
* The Publication Log to review the publication dates that notices were submitted to the
newspaper and proof that the billing was received and forwarded to finance for payment. [LOG
WAS RECEIVED BUT NO PROOF OF PAYMENT]
* Copy of the Addendums received by Council [NOT SUPPLIED]
* Copy of Desk Items received by Council [NOT SUPPLIED]
* Copy of Submittals received by Council during its meeting [NOT SUPPLIED]
This Office will also require the following items for review:
A copy of the Weekly for tracking the Town's legal notices regarding the people's business
[NOT SUPPLIED]
* Current Town Rosters for tracking Town appointees and their terms of office [NOT
SUPPLIED]
* Proof of the appointees' Residency [NOT SUPPLIED]
* Review of the applicants' Applications and resumes and copies for the Town Clerk's records.
(This Office did not receive any of this information last week) [NOT SUPPLIED]
* Proof of the appointees' Oath of Office [NOT SUPPLIED]
Also needed for final certification are review of the original and copies of the following:
* Minutes of each agenda item attached to the subject file for verification of Council action
[NOT YET APPROVED. SHOULD BE READY TO ATTACH TO COUNCIL REPORTS
AND BE READY FOR MY REVIEW NEXT WEEK. PLEASE NOTIFY ME WHEN I CAN
SEE THE PACKET THAT IS READY FOR FILING, INCLUDING ALL RELEVANT
MATERIALS]
* Resolutions numbered signed and sealed
* Ordinances numbered signed and sealed. (Proof of the first and second readings being
performed at the appropriate times)
* Legal instruments: Letters of Agreement; Agreements; Contracts; Certificates; Bid Awards;
Promissory Notes; Grants; Security Bonds; Recordings of Deeds, Easements and Property Liens;
Verification of Appropriate Insurance coverage; and any other executed instruments generated by
the Legislative Actions of Council at agendized Regular and Special Meetings.
* These instruments will be properly numbered and identified and linked to their Legislative
Report and their Resolution or Ordinance. This information should be linked within the Clerk's Index
and each Town Department should be able to access this information.
* In two weeks the Office of Town Clerk's cubicle and computer should have these paper
documents to review and electronic computer access to easily pull up Clerk's Index and the Time
Coded Transcript of the Council Meeting
* Each and every Council packet for the last two years should also be available on the
computer. When I was so rudely locked out, (November of 2004), there was a year's worth of
Council packets already scanned, and so at this time there should be another year's worth available
for review. [NO INFORMATION WAS GIVEN ME]
* In two weeks time I would also like a short training session in what is now available on the
Office of Town Clerk's computer and specifics concerning any new processes needed to access and
use these files. All of the records noted above should have been coded and cross referenced within
Clerk's Index and simplified for the various generating departments to review the status of their
records and to easily retrieve the originals if needed. [NOT SUPPLIED]
Page 3: original packet continued
* Not only should these records be ready for internal use but they should be ready to be placed
on the Town's Web Site. Other cities are well on their way with open and public access to the
people's business and there is no reason for our town not to be part of this government ofthe people.
Seventeen years ago when I first became the Town's Elected Town Clerk, there were forward
moving cities already scanning and offering public record access to their constituents. I immediately
purchased Clerk's Index and began scanning documents and indexing retention but Council never
supported records management and my efforts were done on my own time with my own personal
limited funds. It is time for a change. It is time to become professional. It is time for the public to
take charge and demand fully funded public access to their business, the Legislative History of Los
Gatos. [NO INFORMATION WAS GIVEN ME]