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B-185909 1 (1976-06-16)

handle is hein.gao/gaobadddh0001 and id is 1 raw text is: DECISION                     OF   THE UNITED STATES
                             WASHINGTON, D.C . 2054B
                     CNITE


FILE:  B-1859o


DATE: JUN 16 1976


MATTER


DIGEST:


     The Chief, Finance Services Division, Ditector'te of Finance
and Accounting, Department of the Aimy, has forwa rd to this Office
a request by the Finance -and Accounting Officer, Fo t Ord, California,
for an advance decision pursuant to 'JL U.S.C. & 74. 1970), concerning
the legality of expending appropriat. f.mds to ri .; urse civilian
employees of the Department of the Arc.y fo'Cr the %.  , of obtaining
surety bonds required by the State cf 2aliforni  ,in order to qualify
for a czvmission as a notary public.         :       Accounting
Officer also seaks an advance decis   c'oncn       e v  c propriety of
expending appropriated funds to rei h:rse e        for fees and
incidentals deemed necessary in conn.2tivon with% i:.forming notary
services.

     According to the Staff Judge A vocate nt FT'rt Ord, California,
five civil service employees in his Cffice provide free services aa
notaries public * * * for the convcnience of military personnel,
their dependents, and retired personriel.* * as part of their
employment.  This function is incorporated in the job description of
each employee.  California law allows civil service employees to be
commissioned as notaries, but precludes them from performing their
services outside of military reservations, as well as from collecting
fees.  California Government Code, 99 8203.1, .2, .6,'


I


(


OF:  Reimbursement of Government Employees for Cost ofo o7
     Burety Bonds Required of Notaries Public

1.  5 U.S.C. 1 5945 (1970), authorizing reimbursement of
    civilian employees and military personnel for expenses
    incurred in obtaining notary comrmission, allows reim-
    bursement for expense of surety bonds required of
    notaries by State law, notwitbstanding 31 U.S.C.
    8 1201 (Supp. IV, 1974), barring Government from
    obtaining or requiring surety bonds for employees.

2.  Employees required to obtain notary commissions may
    be reimbursed, pursuant to 5 U.S.C. 8 5945 (1970),
    for incidental expenses deemed necessary to perform
    notary cervices including seals, stamps, embossing
    devices, and recording and filing fees. Reimburse-
    ment may not be made for professional association
    dues and other expenses not essential to performance
    of the services.

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