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City staff to propose resolution limiting municipal notary services; wills and mortgage closings excluded
Summary
City staff will place a resolution on the agenda to formalize a practice of providing quick notary services for residents while declining to notarize wills and mortgage closings because of liability and expertise concerns.
City staff told the council they will bring a resolution on the next agenda to clarify municipal notary practices that keep routine in-and-out notarizations for residents but exclude riskier services such as wills and mortgage closings.
A staff member (introduced as Cindy) said she and a colleague had surveyed surrounding municipalities and found few charge fees; the staff recommendation was to continue free, quick notary services for residents but to decline to notarize wills or mortgage closings because those matters can be lengthy and carry liability and competency concerns. Cindy said the town can lawfully refuse certain types of notarizations while remaining available for routine documents.
Council members and other speakers agreed there is liability risk in notarizing wills and complex mortgage-related documents, and supported placing a resolution on the January 19 agenda to formalize the policy and to post it on the city website so residents understand the practice. Staff noted that state law requires that if the municipality charges a fee it must apply to all notarizations equally.
The council did not vote to adopt the resolution at this meeting; staff said they would draft and place it on the January 19 agenda.
