Public Employee Notaries in California: Rules for Government Workers

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Key Takeaways

• Government employees can become notaries and perform notarizations as part of their job duties
• No fee is allowed when a public officer handles pension-related affidavits or applications (Government Code § 6106); notaries appointed for an agency under GC 8202.5 must charge and remit the fees
• The same journal, seal, and identification requirements apply to public and private notaries
• Your journal and seal are still your personal property even when your government employer paid for them

How Public Employee Notaries Differ

The notary commission is the same whether you work for a city, county, state agency, or private employer. You go through the same application, exam, Live Scan, and bonding process. Your seal has the same requirements. Your journal follows the same format.

Where things differ is in the fee and scope of your notarizations. Government Code § 6106 bars fees only on pension-related affidavits and applications handled by public officers. It is not a blanket no-fee rule; notaries appointed for a public agency under GC 8202.5 must charge the statutory fees and remit them to the agency. Government Code § 8211(f) also prohibits charging fees for notarizations on veteran benefit applications. For a government employee notary, many or all notarizations performed during the workday fall into the no-fee category.

Fee Rules for Government Notaries

When you notarize documents as part of your government job duties, you record $0.00 in the fee column of your journal. The agency does not charge the public for the notarization, and you do not keep any portion of a notarial fee.

If you notarize documents outside your official duties, on your own time, for people who are not coming to you through your government position, the standard fee rules apply. You can charge up to $15 per signature and you keep the fee. The notary commission is yours, not your employer’s, and you can use it for private notarizations outside of work hours.

Journal and Seal Ownership

The same rules that apply to private sector notaries apply to you. Government Code § 8206(d) says your journal is your exclusive property. Government Code § 8207 says your seal is yours. Even if your city or state agency reimbursed you for the seal and journal, they belong to you. When you leave the government job, you take both with you.

Your government employer can inspect and copy journal entries related to agency business under GC § 8206(d), but only in your presence and only for work-related transactions. The same restriction applies as in the private sector.

Common Situations for Government Notaries

• County clerk offices often have notaries on staff to notarize declarations, affidavits, and other documents filed with the county
• City attorney offices may need notarizations on legal filings and declarations
• Police departments sometimes need notarized affidavits for warrant applications or crime reports
• School districts use notaries for employment verification, background check paperwork, and contract signatures
• State agencies process notarized statements for benefits applications, licensing, and appeals

Frequently Asked Questions

Can my government employer require me to get a notary commission?

As a condition of employment, a government agency can require you to obtain a notary commission if your job duties include notarizing documents. The agency may reimburse you for the costs of the commission, exam, and supplies, but the commission is issued to you personally.

Do I have to notarize documents for the public during work hours?

That depends on your job duties and your agency’s policies. If notarizing documents for the public is part of your assigned responsibilities, then yes. If your notary duties are limited to internal agency documents, you can decline to notarize for walk-ins who are not part of your official duties.

Can I notarize for coworkers on personal matters?

Yes, as long as you follow standard notary procedures (verify identity, keep your journal, complete the certificate). Whether you charge a fee depends on whether you are performing the notarization as part of your official duties or on your own time.

What happens to my commission if I leave the government job?

Your commission continues. It was issued to you by the Secretary of State, not your employer. Take your seal and journal with you. Your commission expires on its own schedule regardless of your employment.

Who pays for errors and omissions insurance?

Some government agencies provide E&O coverage for their employee notaries. Check with your agency’s risk management office. If the agency does not provide coverage, consider buying your own policy. Government employment does not shield you from personal liability for notarial errors.