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jbelmont
California
3106 Posts |
 Posted - 05/15/2010 : 7:51:01 PM
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Since the signings recorded in the notary's journal would be regarding the employer's business, the employer might regularly request to see the journal, or certain entries in the journal. Remember, the notary must be present if someone else is looking at their journal. Or the notary could make a photocopy of a specific journal entry and send it to their boss.
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crtowles
California
553 Posts |
Posted - 05/15/2010 : 3:20:20 PM
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In California we are required to show our journal entries ONLY by written request or at the request of a peace officer (be it written or verbal). In the case of the employer they would not have the given right to inspect the information just because they feel like it. This is the property of the Notary Public. Although the employer may have paid for the notary to become a notary, it is not their given right to have access to to all of the information contained within it. Read your handbooks people. The answers are there....
Carmen |
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Maple
51 Posts |
Posted - 05/15/2010 : 08:04:19 AM
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I recently exchanged email with Gregory Sanford of the Vermont State Archives and Records Administration, which is part of the Secretary of State office. I asked if a notary voluntarily keeps a journal, would he have to give copies of his journal to anyone. He say the journal would be a public record and could be inspected by anyone. However, the public record law does have some exceptions, including personal financial information. Mr. Sanford didn't say so, but I suppose the notary would have to supervise the inspection of the journal, and mask off any entries entitled to protection under the public records law.
Also, if the notary does not have a copy machine, he does not have to provide copies. He could require the requester to come inspect the journal in person. |
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MoneyMan_TX
Texas
15 Posts |
Posted - 05/14/2010 : 8:11:50 PM
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| I agree with Lisa. While an employer might have the right to search an employee's personal items, IMO, first and foremost, it would depend upon the duties of such an employee. Even so, in TX we are required to keep a journal and if someone requests to see a record, the request must be in writing and specific. We are also allowed to charge for copies made. We do not have to "open our books for inspection". The privacy concerns alone are enough for me to say that I would refuse the request, especially if my job description at that job had nothing to do with being a Notary Public. JMO |
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vince
Kansas
324 Posts |
Posted - 05/04/2010 : 07:56:29 AM
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The Law in Kansas does not require the notary to maintain a log. But, if one is kept, it is the property of the Notary. However, that does not appear to forbid the Notary from having his/her “personal property” inspected by an employer. From the Kansas Notary Handbook:
Notary Journals: Although not required by law, maintaining a
journal of all notarizations performed by the notary public
protects the notary public. The notary public should record the
name of the person signing, the date of the signature and the
type of document notarized. The notary should have the
signing party sign the notebook so that the notary has an
example of his or her signature. Such journals are available
from office supply stores and notary supply catalogs.
Notary Public’s Commission is Personal Property: A notary
commission belongs to the notary public, regardless of who
paid the fees associated with the commission. The stamp and
journal are personal property of the notary public. Upon
leaving an employer, the notary public should take the notary
seal and notary journal for his or her own protection.
Q. Can my employer keep my journal or notary stamp after
I leave my job?
A. No. A notary commission is personal to the notary public.
The stamp and journal belong to the notary public and must
be safeguarded by the notary in order to prevent forgeries
and other misuse. Even if an employer pays for the notary
commission, the employer cannot convert the stamp and
journal. However, if the employer provided the notary’s surety
bond, the employer may cancel the bond. |
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Lisa T.
California
391 Posts |
Posted - 05/03/2010 : 10:05:46 PM
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| I do not believe an employer has any cause or right to inspect a journal - even when the notary is present - as the journal is private information. The commission and all that goes with it belongs to the notary, even if the employer paid for the notary's commission. |
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jbelmont
California
3106 Posts |
Posted - 05/02/2010 : 11:32:00 PM
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Q. Can an employer inspect a notary journal without having the notary present?
A. No, the notary is responsible for the safekeeping of the journal. However, the employer has the right to inspect the journal. So, the notary must let the employer inspect the journal, but only if the notary is physically there and watching. After the inspection, the journal and seal must be kept under lock and key.
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Employer inspection of journal
