Item No: 5G.
Meeting Date: May 13, 2013
From: Betty Richardson, City Clerk
Subject: Resolution approving the Notary Public Policy for Employees
Staff recommends approval of the resolution adopting the Notary Public Policy for employees of the City of Leesburg, Florida.
Currently, Leesburg does not have a policy governing when and how its employees who hold licenses as a notary public may provide those services to the public. Notarization of documents can subject the City to liability if, for example, the document turns out to be a forgery, or the notary fails to follow legally established requirements such as obtaining picture identification from the person whose signature is being notarized. The proposed policy would prohibit any City employee who is a notary from notarizing any document, during working hours or on City premises, other than a document related to official City business. This will limit the exposure of the City to claims in the event of a suit arising out of the notarization of a document by the employee. The policy as proposed does still permit the employee to offer notary services outside working hours and off City premises. (The above paragraph written by City Attorney Fred Morrison)
Several cities in Lake County no longer notarize documents for the public. When they are asked to provide notary services, they advise they do not provide the service, but the City of Leesburg provides the service.
The City of Leesburg’s notaries spend considerable time away from their own duties in order to provide notary services. Notarizations take from ten minutes up to thirty minutes or more, depending how prepared the requestor is to have the work done: i.e., they sometimes have to write the statement to be notarized, they forget their identification, etc. Sometimes the document requires two witnesses and the Notary has to find two City employees to serve as the witnesses. Also, most Notaries in the City keep a journal which takes additional time to fill out the information and have the customer sign the journal.
1. Adopt the Notary Public Policy for Employees of the City of Leesburg; or
2. Such alternative action as the Commission may deem appropriate
The City estimates a savings of approximately $7,500 per year if we implement this resolution. Cost includes the allocation of staff time.
Prepared by: ______________________
Attachments: Yes____ No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, ADOPTING A POLICY GOVERNING CITY EMPLOYEES IN THEIR EXERCISE OF NOTARY PUBLIC DUTIES, AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
THAT the City of Leesburg, through this act of the City Commission, hereby adopts the following policy to govern the exercise by City employees of their duties and responsibilities as Notaries Public:
CITY OF LEESBURG, FLORIDA
NOTARY PUBLIC POLICY
The purpose of this policy is to establish limitations on the notarization of documents by City employees who are also notaries public. To limit the liability of the City of Leesburg, and its notary employees, the City hereby promulgates as its official policy that any employee of the City of Leesburg, who is also a notary public, shall not notarize any document during working hours, or on City property, other than documents executed by City officials or other City employees, or documents pertaining to official City of Leesburg business. City employees shall not, while on duty or on City property, notarize any document other than those specified in this policy.
THIS RESOLUTION shall take effect upon its passage and adoption according to law (May 24, 2013).
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 13th day of May_, 2013.
THE CITY OF LEESBURG, FLORIDA