HomeMy WebLinkAbout049 96STATE OF WASHINGTON
County of Jefferson
In the Matter of Establishing a Policy }
for County Employees Providing }
Notary Public's Services }
RESOLUTION NO.
49-96
WHEREAS, many times the public is required by federal, State, or County
laws and/or regulations to have documents notarized in order to complete a specific business
transaction with a County department, and they expect the services of a Notary Public to be
provided or at least available, at County Departments; and,
WHEREAS, Jefferson County is committed to providing citizens with quality
services, which include availability of Notary Public services; and
WHERF. AS, the County is not providing this service in competition with the
private sector; and,
WHEREAS, Notary Public's are appointed by the State of Washington,
required to be bonded and are governed under specific State regulations in the performance
of Notarial Acts (RCW 42.44).
NOW, THEREFORE, BE IT RESOLVED, by the Board of Jefferson County
Commissioners that Notary Public services may be provided to the public by employees who
are appointed Notary Public's as outlined in the attached policy.
BE IT FURTHER RESOLVED, that the policy provided for in Attachment
"A" of this document is hereby adopted to guide departments who have need of Notary Public
services and employees who are appointed as Notary Public's in the provision of those
services.
BE IT FURTHER RESOLVED, that no County Elected Official or
Department Head is required to allow the employees in their Department who hold a Notary
Public appointment to interrupt their work to provide this service to the public.
BE IT FINALLY RESOLVED, that all Elected Officials and Department
Heads shall comply with the requirements in Attachment "A" when using County funds for
the payment Notary Public appointment or reappointment fees for an employee in their
department.
.]t~_~day
APPROVED this of ~_/Za4.a._~ 1996.
/, ,~-----~.. ~XX,x /JEI~ERSONCOU~..,TY
L~oma~ C~~~~~Aember Clerk of the Board 0
re .un ng o a,y 3
ATTACHMENT "A"
(to RESOLUTION NO. 49-96)
Section 1 - Subject
Notary Public's are appointed by the State of Washington, required to be bonded
and are governed RCW 42.44. A Notary Public should service all lawfifl and
reasonable requests for notarial acts, without discrimination.
There are County employees who have had their Notary Public appointment fees
paid by the County because the Department where they work has need of such
services. There are also County employees who have paid their own Notary
appointment fees and may or may not provide these services in the performance of
their work for the County.
Section 2 - Purpose
To provide guidance to Elected Officials and Departrnent Heads for an
employee(s) in their Depamnent that hold a Notary Public appointment from the
State, to provide Notary Public services to other departments, and/or the public
during the Department's normally scheduled work day, whether or not those
sex-vices are part of the job duties of that employee(s).
No Elected Official or Department Head is required to allow the employees in their
Department who hold a Notary Public appointment to interrupt their work to
provide this service to the public.
Section 3 - Affected Parties
All County Departments
Section 4- References
RCW 42.44
WAC Chapter 308-30
Section 5- Definitions
Notarial Act or Notarization: As defined in RCW 42.44.
Notary_ Public: Any person appointed, by the State, to perform notarial acts in the
State of Washington.
Notary_: Same as Notary Public above.
Page 2
Attachment A- Resolution No. 49-96
POI!eY Esta.,blish'.m$ a p.o.~.ey fqr Cou .n. ty Employe~s. ~r0~!~jng Notary.!~bli~i~..Seryiees ...............................................
Agknowledgment: A statement by a person that the person has executed an
instrument as the person's free and voluntary act for the uses and purposes stated
therein and, if the instnunent is executed in a representative capacity, a statement
that the person signed the document with proper authority and executed it as the act
of the person or entity represented and identified therein.
Advantageous: Direct non-financial, work related benefits accruing to the County.
Employee: Employee means an officer, employee or servant of the public entity
(Jefferson County), who has been elected or appointed, but does not include an
independent contractor.
Normally Scheduled Work Day: The time an employee of the County is normally
scheduled to work. Work time does not include time the employee is on County
property before their scheduled shift, during their work breaks, lunch break, and
the time alter their scheduled shift ends.
Official Duties; Those activities performed by an official, or employee of the
County, as required by the job description, RCW, Ordinance, or Resolution, for
his/her position or office.
Section 6 - Policies
General - Need for Notary Public Services
In the interest of public officials and employees providing quality customer service
at County facilities to allow citizens to transact business in an efficient and
effective manner, the officials and employees of Jefferson County will make every
attempt to help citizens who require the services of a Notary Public as follows:
1. Have an appropriately appointed Notary in their Department provide
the requested service as provided for in this policy.
2. Make an attempt to contact a Notary from another Department within
the same building to provide the requested service.
3. Provide the citizen requesting the service with a list of businesses in
the County that offer Notary Public services to the public, including
information on how much they charge for the service, if anything.
Provision of Notary Services
The intent of the County is not to have every employee in every department
become a Notary Public at County expense. The intent is to meet the needs of:
Page 3
Attachment A- Resolution No. 49-96
Policy, Establish,~ng a Policy for County Employ, ecs Providing No ,ta~ Public's Services
1)
2)
County Departments in the execution of their duties.
Citizens who have a need for Notary services due to the nature of their
business with the County.
The general public who come to a County Department with a request for
Notary Public services.
The Elected Official/Department Head must make the determination that more than
one employee in their Department needs to be appointed as a Notary Public at
County expense. It may be advantageous, depending on the number of requests for
Notary Public services, or because an employee shouldn't notarize a document and
then perform an action on it as part of their job (i.e. An Auditor's Office employee
at the recording desk notarizing a document and then recording it), that a
department have more than one employee appointed as a Notary Public.
Notary Public services will be provided in accordance with RCW 42.44 at all
times.
The following guidelines apply to requests for Notary Public services:
1. Document that is part of the business of the department: Department
employees who are appointed Notary Public's shall notarize County business
documents for their own department, during their normally scheduled work
day.
1. An employee should not notarize a document and then perform an
action on it as part of their job.
Document that is part of County business, but not business of the
department: It is appropriate for employees whose workload will allow, and
who have permission from their Elected Official/Department Head, to
provide Notary services for other County departments, during their normally
scheduled workday.
Document that is not for a County business transaction: It is appropriate
for an employee to provide Notary services for a citizen who makes a
request, even if the document is not required for County business provided
that:
1. The Elected Official/Department Head has determined that the
workload of the Department is such that a request can be
accommodated.
Page 4
Attachment A - Re~olution No. 49-96
Policy Establishin8 a Policy for County Employees Prowdm8 Notary Pubhe s Service ............................
The request will not cause a disruption to the work the employee is
doing at the time the request is made.
The employee is available.
The employee will fill out a "Request to Provide Notary Public Services" (see
Attachment E), submit it to their Department Head for approval. The signed form
will be kept in the employee's Personnel File.
County Payment of Notary Appointment Fees, Bond and Seal
If a County Department has the need of Notary Public services in the execution of
business transactions, it is an appropriate use of County fimds for the payment of
appointment or reappointment bond and seal fees for an employee. The position in
the Department that is assigned this duty is at the discretion of the Elected
Official/Department Head. These fees are to be paid ~om the Depamnent budget
and should be budgeted for in the authorized manner.
When an employee who is a Notary Public leaves employment with the County,
their Notary appointment and seal is their property, whether the County paid for it
or not. See RCW 42.44.090(4) says: "A Notary Public's seal or stamp is the
exclusive property of the Notary Public and shall not be surrendered to an
employer upon termination of employment regardless of whether the employer paid
for the seal or for the Notary's bond or appointment fees."
County Insurance Coverage for Notarial Acts
Liability for Notarial Acts by County employees as part of their job duties are
covered by the County through the Washington Counties Risk Pool, however, if
the employee performs Notarial Acts outside their job duties, those acts are not
covered by the Risk Pool insurance. Errors and Omissions insurance may be
purchased from outside vendors, at the employees own expense, by the individual
employee for Notarial Acts they perform outside their job duties.
Fees for Notarial Acts
County employees who are appointed as a Notary Public and perform a Notarial
Act during their normally scheduled work day, whether or not their Notary fees
where paid for by the County, will not charge a fee for this service.
Page 5
v01_ 22 0 lU9o
Attachment A - Resolution No. 49-96
Policy, , Establishing,,, , ,,, a Policy ............ for County Employees.. ............ Providing,, Notary ........ Public's. ............... Services .........................................
Training
Employees who have their Notary fees paid by the County are encouraged to get
training on the proper and legal procedures for notarization of documents. The
County has a correspondence course available which can be checked out f~om the
Commissioner's Office.
Each Notary shall keep a "Notarial Record Book." (See Attachment B)
A Notary is not required to notarize a document they feel may present a conflict of
interest with their official duties for the County. If a Notary has any question
regarding a particular notarization they should not do it.
List of Notaries Who Work for County
A list of County employees who are Notaries and if they are willing and have time
to provide those services for other offices or the public is provided in Attachment
C. The list will be updated annually by the Commissioners Office.
List of Businesses in Jefferson County who provide Notary services
Attachment D is a list of businesses that provide Notary Services to the public in
Jefferson County and how much they charge.
Page 6
vol. 2~ m,i 0:1.094
ATTACHMENT B
(to RESOLUTION NO. 49-96)
~NOTARIAL RECORD BOOK
A Notarial Record Book should be kept by each Notary Public who is notarizing
documents while working for Jefferson County. The following information should
be included in that record:
Date of Notarial Act (time is optional)
Type of Act
Date of Document
Type of Document
Executed By
Executed To
Consideration
Fee Charged, if any.
Page 7
[}j 09S
ATTACHMENT C
(to RESOLUTION NO.49-96)
COUNTY EMPLOYEES WHO ARE
NOTARY PUBLICS
kssessor Sherrie Shold Yes No
Auditor NONE
Commissioners Lorna Delaney Yes Yes
District Court Barb Johnson No No
Sue Dillingham Yes No
Health & Human Services Winona Giersch No No
Juvenile Services Cammy Brown Yes Yes
Permit Center NONE
Planning NONE
Prosecuting Attorney NONE
Public Works John Wyand Yes Yes
Superior Court Linda Franklin Yes No
Treasurer NONE
Page 8
ATTACHMENT D
(to RESOLUTION NO.49-96)
JEFFERSON COUNTY BUSINESSES
THAT
PROVIDE NOTARY PUBLIC SERVICES
Business Location # of Notaries Fee for Customers :ee for Public
(Not Customers)
Century 21 Real Estate Port Townsend 2 No Charge No Charge
Coldwell Banker, Forrest Port Townsend I $2.00* $2.00 *
Aldrich, Inc.
First Federal Savings Bank Port Townsend 4 No Charge No Charge
Interwest Savings Bank Port Townsend 2 No Charge Do Not Provide
Service to Public
North Sound Bank Port Townsend 3 No Charge Do Not Provide
Service to Public
Port Ludlow Property Port Ludlow I No Charge No Charge
Sales
Prestige Realty I $2.00 $2.00
SeaFirst Bank Port Ludlow 2 No Charge Fee in RCW
SeaFirst Bank Port Hadlock 3 No Charge Fee in RCW
SeaFirst Bank Port Townsend 6 No Charge Fee in RCW
US Bank Port Townsend 3 No Charge $5.00
US Bank Quilcene I No Charge $5.00
W~ndermere REal Estate Kala Square I No Charge No Charge
Fee donated to Soroptimist Businesswornen's Club.
Page 9
ATTACHHENT E
(to RESOLUTION NO. 49-96)
REQUEST FROM A COUNTY EMPLOYEE
WHO HOLDS
A NOTARY PUBLIC APPOINTMENT
TO PROVIDE NOTARY PUBLIC SERVICES
Employee:
Department:
Notary Public Appointment Expires:
I have determined that the workload of this Department is such that a request from a citizen, for the
services of a Notary Public, for a document whether or not it is required as part of a County business
transaction, can be accommodated.
The above named employee has permission to notarize documents for the public during their
normally scheduled work day in this Department under the following conditions:
B)
c)
D)
The request will not cause a disruption to the work the employee is doing at the time
the request is made,
The employee is available.
The employee is not notarizing a document which they will be performing an action
on as part of their official duties for the County.
The employee will perform all Notarial Acts in accordance with RCW 42.44.
(Elected Official/Department Head)
Date
Page