Resolution No. 81471
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RESOLUTION NO. 8147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DOCUMENTING ITS POLICY REGARDING THE USE OF
CITY NOTARIES PUBLIC
WHEREAS, Section 8202.5 of the Government Code allows the
Secretary of State of the State of California to commission notaries
public for states, counties, cities and judicial districts; and
WHEREAS, Section 8202.5 of the Government Code expressly
authorizes such public agencies to pay for the bond and other
supplies necessary for a public employee to provide notary public
services; and
WHEREAS, the City of Vernon (the "City") requires notary
public services for a variety of transactions and has therefore paid
for the bond and supplies necessary for several City employees so that
they are available and may provide such services to the City; and
WHEREAS, the City Council and the City's notaries public
believe that the notaries public have minimal liability exposure when
providing the notary public services to City employees who are known to
the notaries public and certain members of the public, such as Police
Department applicants who have undergone some background investigation
and who need such services in connection with their pre -employment
japplications; and
WHEREAS, the City Council also believes that the provision of
such notary public service to City employees, when needed by such
employees for non -City related matters, as well as for Police
Department applicants who require such services for their pre
28 (lemployment applications while at City Hall, is convenient and
1 beneficial and that such service should be provided by the City through
2 its notaries public during City Hall business hours, or at the
3 discretion of the notaries public on their own personal time,
4 consistent with their obligations under the law; and
5 WHEREAS, the Government Code does not require the City's
6 notaries public to charge fees for their services, although sections of
7 the Government Code do place a limit on the amount of fees that they
8 may be charged; and
9 WHEREAS, Vernon is a Charter City operating under a charter
10 duly adopted and approved by the State of California and has autonomy
11 over its municipal affairs; and
12 WHEREAS, the provision of such notary services by the City,
13 without a charge, is a benefit to the City's employees, the Vernon
14 Police Department and the City of Vernon; and
15 WHEREAS, the decision of whether to provide such service
16 constitutes a municipal affair; and
17 WHEREAS, the City Council desires to ratify and document its
18 ongoing intent to provide notary public services to its employees, as
19 needed, and to the certain members of the public, such as for Police
20 Department applicants who require such services for their pre-
21 employment applications, free of charge.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
23 CITY OF VERNON AS FOLLOWS:
24 "SECTION 1: The City Council of the City of Vernon hereby
25 finds and determines that the recitals contained hereinabove are true
26 and correct.
27 SECTION 2: The City of Vernon requires access to notaries
28 public for City related business on a regular basis and will continue
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1 to pay for the bond and necessary supplies for the provision of such
2 service by City employees, as deemed necessary.
3 SECTION 3: All City employees and certain members of the
4 public, such as Police Department applicants who require such services
5 for their pre -employment applications and who need such services while
6 at the City Hall, may request such service and such services will be
7 provided by a City notary public, if one is available, free of charge.
8 SECTION 4: Pursuant to the laws of the State of California,
9 the City employees who are notaries public may also provide other
10 services outside of the City Hall business hours, as appropriate. The
11 City's notaries public are not required by the City to charge a fee,
12 but if they do so consistent with the laws of the State of California,
13 specifically Government Code Section 8202.5, such fees must be remitted
14 to the City and the City will apply such funds to the credit of the
15 fund from which the salary of the City employee notary public is paid.
16 SECTION 5: The City Council hereby ratifies the past
17 practice by the City's notaries public of providing notary public
18 services to employees or certain members of the public, such as for
19 Police Department applicants who require such -service for their pre-
20 employment applications, during City Hall business hours, without fees,
21 and agrees that such notaries public may provide such services to
22 others without fees, on their own personal time, consistent with the
23 requirements imposed upon them under the laws of the State of
24 California.
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1 SECTION 6: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and thereafter
3 the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 5th day of February, 2003.
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7 LEONIS C. MALB RG, Ma or
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ATTEST:
10 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CAL'IFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being''Resolution No.
6 8147, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday, February 5,
8 2003, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
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BRUCE V. MALKENHORST, City Cf'e
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EXHIBIT
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 30, 2003
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Staff has determined that it is necessary that the City of Vernon
document a Policy regarding the obligations of City employee Notaries
Public. This has been reviewed by the City Attorney and it is hereby
recommended that the Policy on use of City Notaries Public be approved
and adopted.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST CITY HALL
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX (323) 826-1438 TELEPHONE (323) 583-8811
January 29, 2003
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Proposed Resolution Regarding Policy on Use of City
Employee Notaries Public
Dear Bruce:
My office was previously authorized to research the City's
obligations with respect to the use of City employee notaries
public and to prepare a document that reflects the City
Council's policy.
I have completed my research and have prepared the attached
proposed resolution for consideration by the City Council. I
request that this matter be put on the agenda for consideration
by the City Council at its next meeting.
Sincerely,
Eduardo Olivo,
City Attorney
EO:jl
Enclosure
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman r
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
January 29, 2003
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Proposed Resolution Regarding Policy on Use of City
Employee Public Notaries
Dear Bruce:
My office was previously authorized to research the City's
obligations with respect to the use of City employee public
notaries and to prepare a document that reflects the City
Council's policy.
I have completed my research and have prepared the attached
proposed resolution for consideration by the City Council. I
request that this matter be put on the agenda for consideration
by the City Council at its next meeting.
Sincerely,
Eduardo Olivo,
City Attorney
EO:jl
Enclosure