Agenda

Return

C. 82

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	December 15, 2015

Contra

Costa

County

Subject:

Rescind Prior Board Order Regarding Payment of Training Costs for Notary Services

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/15/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Enid Mendoza, (925) 335-1039
cc:	Robert Campbell, County Auditor-Controller

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 15, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

Rescind Board action, Payment of Training Costs for Notary Services (C.103), as approved by the Board of Supervisors on April 9, 2013 due to inconsistencies with California Government Code sections 8200-8230.

FISCAL IMPACT:

There is no fiscal impact.

BACKGROUND:

On April 9, 2013 the Board of Supervisors approved Board action (C.103), to allow departments to pay for and to reimburse employees for the costs of notary public training when a department head certifies that the training is job required, all other training policies and guidelines have been adhered to, and the employee agrees to provide the service free of charge to the County. The aforementioned Board Order, states that any employee who successfully agrees to be trained and reimbursed for the notary public training and equipment costs must also agree, prior to enrollment, that he/she will provide the service to the County as a part of their normal duties and at their normal rate of pay. Employees are required to sign an acknowledgement form. This form verifies the employee’s agreement to keep safe all notary tools and equipment, and to provide services as a part of their County employment. These provisions do not conflict with the California Government Code.

However, the Payment of Training Costs for Notary Services board order and the accompanying Employee Acknowledgement form also state that if the County pays the costs of notary public training, the Notary Bond and the Notary Bond Filing Fee, the employee is required to store all notary tools and equipment on County premises at all times and is precluded from performing notary public services outside of their assigned County duties. These requirements are not consistent with California Government Code sections 8200-8230, which requires notaries to keep and secure, under their direct and exclusive control, notary journals and seals.

Rescinding the requested board action will allow the County Administrator to correct our notary public services and training costs policies and procedures via an Administrative Bulletin and a revised Employee Acknowledgement form. Therefore, our policies and procedures will no longer include language requiring employees providing notary public services to keep all notary tools and equipment on County premises at all times and prohibiting them from performing notary public services duties outside of their County employment.

CONSEQUENCE OF NEGATIVE ACTION:

If this request is not approved, County policies and procedures regarding employee notary public services will not be consistent with California Government Code sections 8200-8230.