HomeMy WebLinkAboutAdmin Order 21-10-02ADMINISTRATIVE ORDER NO. 21-10-02
of the
City Manager
City of Eugene, Oregon
AMENDING CITY OF EUGENE NOTARY POLICIES AND REPEALING
ADMINISTRATIVE ORDER No, 21- 07 -04.
The City Manager of the City of Eugene finds that:
A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of 2002,
the City Manager is designated as the administrative head of the City, specifically authorized to
appoint and remove all employees (except as otherwise provided in the Charter), organize, and,
as deemed necessary, disband and reorganize various City departments, and to enforce all
ordinances of the City.
B. On May 17, 2007, Administrative Order No. 21 -07 -04 was issued adopting the
"City of Eugene Notary Policies" and included as Exhibit A, a copy of the Notary Service Fee
Schedule, which is authorized by ORS 194.164, and the Secretary of State's OAR 160 -100 -400.
That fee schedule set the fees that City employees who are notaries public must charge for
providing notary services during their working hours and are not related to City business.
C. The Notary Service Fee Schedule has been amended as authorized by OAR 160-
100 -400. Therefore, it is necessary to amend the Notary Policies to remove the outdated Notary
Service Fee Schedule and to amend Notary Policy number 5 to delete the reference that the
Notary Service Fee Schedule is attached to the Notary Policies.
Now, therefore, based upon the above findings, I order that:
Order.
L Administrative Order No. 21 -07 -04 ' is repealed as of the effective date of this
2, A copy of this Order shall be provided to all City employees who are currently
required to be commissioned as notaries public to fulfill a requirement of City employment, and
each time a new employee is commissioned as a notary public.
3. The following City of Eugene Notary Policies are adopted:
City of Eugene Notary Policies
1. Filing Fees: All required filing fees and costs associated with being commissioned as a
notary public while an employee of the City are the responsibility of the City.
Administrative Order - Page I of 4
2. Education of the Notary Public: A notary is responsible for knowing and
understanding Oregon laws and administrative rules relating to notaries, found in ORS
Chapter 194 and Oregon Administrative Rules Chapter 160 -100. The Secretary of State's
Office is available for questions and presents notary seminars, maintains a website, and
publishes the Oregon Notary Pudic Guide. A City employee who serves as a notary is
expected to utilize these resources and may do so during working hours with permission
of his or her supervisor.
The City Recorder will make every attempt to notify City notaries of training
opportunities as they arise. Supervisors should encourage their employees who serve as
notaries to attend such trainings.
I Letter of Agreement: The City Recorder's Office maintains a listing of all City
employees who are commissioned as notaries as part of their job function. Each
employee and his or her supervisor must sign a letter of agreement that includes the
notary's commission number and date of expiration, and file it with the City Recorder's
Office. Each time a notary's commission is renewed, the notary is responsible for
providing to the City Recorder a new signed letter with the new commission information.
A copy of the letter of agreement form is attached to this order as Exhibit A.
4. Providing Notary Services to the Public: Because a notary has an ethical obligation to
serve the public for the common good by responding to any reasonable request for a
notarization, the City does not prohibit employees from notarizing for members of the
public or other staff members if those requests meet the requirements for legal
notarization. A notary has the sole responsibility to refuse a notarization and may not do
so based on a person's membership in a protected class.
5. Charging for Notary Services: when notary services are provided by City employees
(either to the public or to other City employees) during their working hours and are not
related to City business, fees are charged to compensate the City for interruption of the
employee's regular duties in accordance with the fees established by the City Manager
pursuant to Section 2.020 of the Eugene Code, 1971.
6, Rescinding Fee Waivers: Current notaries who signed a waiver of Fees at the time they
applied for their notary commissions must provide the Oregon Secretary of State's Office
with a written notice rescinding the waiver. A copy of the form to do so is available from
the City Recorder's office.
7. Posting Fees: The fees to be charged for an employee's performance of notarial acts
have been established by administrative order of the City Manager consistent with the
maximum fees contained in OAR 160 -100 -400. Those fees are to be conspicuously
displayed in each office where a notary works or a copy handed to the customer prior to
performing the notarial act. Copies of the schedule are available from the City
Recorder's Office.
Administrative order - Page 2 of 4
8. Receipts: when a City employee receives payment for notarial services provided to the
public, the notary should provide a receipt to the customer.
9. Depositing Revenue: All money received by a City employee for notary services is to
be deposited into the General Fund under Revenue Code 011-45125.
10. Acts Recorded in Notary Journal: Oregon law states that all notaries must keep,
maintain, and protect a chronological notarial journal during the term of notarial
commission. while some notarial acts are not required to be entered in the journal, any
notarial act performed in the course of City business is to be entered in the notary j ournal
kept by each employee.
11. Journal a Public Record: while most notaries public are exempt from disclosing
notarial journal contents unless requested by the Secretary of State or required by
subpoena, notary journals kept by City employees fall under the public record disclosure
laws. City notaries are therefore encouraged to keep two separate journals, one for
notarial acts performed in the course of City business and the other for non -City
notarizations. It should be noted in the front of each journal that a second journal exists
with its location listed.
Customers may request to see their own entry record in the journal, but the notary should
cover other entries to protect the privacy of those individuals.
12. Disposition of the Notary Seal and Journal: Notary journals must be retained for
seven years after expiration of the commission. when a j ournal containing notarizations
for City business purposes is completed, it is to be filed with the City Recorder for the
legally required retention period.
If a City employee moves to a different City department and continues serving as a
notary there, the same notary journal may continue being used but the change should be
noted by drawing a line beneath the last entry completed in the prior position.
when a notary leaves employment with the City of Eugene, the employee must turn over
the journal to the City for storage /retention. After leaving City employment, the
employee may maintain the notary seal and notary commission at the employee's
expense. Former employees who continue to serve as notaries are responsible for
purchasing and maintaining a new notary j ournal.
When a notarial commission expires, the notary is responsible for immediately destroying
the notary seal. It must be defaced so that the stamp becomes illegible and unusable.
Any notary who decides not to renew the notarial commission must complete and submit
a notarial journal location form to the Secretary of State's office. Those forms are
available from the Secretary of State's website.
Administrative Order - Page 3 of 4
13. Liability insurance coverage: A notary must always take reasonable care when
performing a notarization and should rely on good judgment and common sense to
properly evaluate each situation. The City shall indemnify the notary for any liability
arising out of actions taken in performance of his/her job as a City employee. The City
assumes no liability for acts performed by the notary independent of City direction or in
violation of state law.
Dated and effective this Z2- day of October, 2010.
Jon R. Ruiz
City Manager
Administrative Order - Page 4 of 4
City Recorder's Office
City of Eugene
777 Pear[ Street, Room 105
Eugene, Oregon 97401 -2793
(541) 082 -5042
(541) 582 -5414 FAX
Notary Letter of Agreement
This agreement is between the City of Eugene and ,employee of the City of
Eugene and notary for the State of Oregon, and is entered into under ORS 194.152(3), for the purpose of
identifying the mutual obligations of both parties arising as a result of the notarial responsibilities of an employee
of the City of Eugene.
The above -named employee has been appointed as a notary public to fulfill a requirement of his/her employment
with the City of Eugene. All required filing fees and costs associated with being a notary public while an
employee of the City are the responsibility of the City. As employees of the City, all journals kept by notaries in
performance of their jobs shall be property of the City and are a matter of public record. The City will assume no
obligation or liability for any actions taken after employment has ceased.
As ministerial officials, notaries are liable for both intentional and unintentional misconduct. Notaries have
financial liability for their actions (ORS 194.200). The City shall indemnify the notary for any liability arising out
of any actions taken in performance of his /her job as a City employee. The City assumes no liability for acts done
by the notary independent of City direction or in violation of state law.
Notaries may be sued for failure to require personal appearance, failure to positively identify the signer, failure to
protect his/her seal, failure to keep an accurate journal and other acts. All notaries maintain the right when
certifying a document or a signature to demand that the signing of the document be done in the presence of the
notary (ORS 194.515). The persons appearing before the notary must also comply with all laws governing the
notary journal. with this in mind, the City of Eugene pledges that it will not request the notary to perform any
actions that are in violation of state law.
In accordance with the City of Eugene Notary Policies adopted by Administrative Order No. 21- 10 -02, and ORS
194.154 City employees collect fees for providing notary services that are not related to or required by City
procedures and that are performed for members of the public or other employees during working hours.
As a Notary providing services as part of my City of Eugene job responsibilities, I have read and am familiar with
the City of Eugene Notary Policies adopted by Administrative Order No. 21-10 -02.
Notary's Signature
Date
Notary Number:
Notarial Commission Expires:
For the City (Notary's supervisor's signature)
Date
Exhibit A to Administrative Order No. 21 -10 -02