If you can’t be first, create a new category in which you can.

That’s the first thing that came to my mind when I read Stuart Posner’s reply to a post on NotaryRotary about proper signing agent attire. Posner, who posts under the web moniker “Signing_Doc”, told an inquiring peer, “over my slacks, I wear a short lab coat (white with pockets) and above the left pocket are the words ‘Doc’ Stuart Signing Agent.”

Doc is a play on “docs”, the industry abbreviation for documents. But Posner carries it all the way—and not just with the coat. His motto is, “I Make House Calls” and he markets to lenders by going to their office and handing out little prescription bottles of placebos to cure “the end of moth ills.”

Posner seems to understand what Tom Peters, management expert and co-author of the 1982 best-seller In Search of Excellence, meant when he said, “Regardless of age, regardless of position, regardless of the business we happen to be in, all of us need to understand the importance of branding. We are CEOs of our own companies: Me, Inc. To be in business today, our most important job is to be head marketer for the brand called You.”

This emphasis on differentiation is even more vital now in the face of a cooling industry and an ever-growing pool of signing agents. But, as the NNA brought up recently in an issue of its online newsletter NOW, can you go too far?

Dan Mlotkowski knows the answer to that. Like Posner, he’s branded himself in his pursuits, only instead of a clever get-up, Mlotkowski has opted for none: he’s Naked Dan. Though he specializes as a handyman, he got a notary commission in May of last year to diversify his services. The NNA did a story on him for the Bulletin and received a nasty backlash.

“Every publication has, that has done a story on me.” Mlotkowski says. “Several local papers published pieces and people wrote in that they canceled their subscriptions. They got people wrote in that it’s totally unprofessional.”

Mlotkowski thinks that many readers of publications who feature him have a misconception of what he does. It doesn’t help that most publications treat him as a novelty item and don’t bother to paint him in the context of the naturalist Florida community in which he lives.

“That’s the thing people don’t understand,” he says, “they have two of the biggest clothing-optional resorts here, so there is a crowd here that has a need, know what I mean?”

Mlotkowski knows that whatever his dress or undress, what he does is a job. He’s timely and professional and goes out of his way to provide those around him with what they want.

“To get what you want, you have to give people what they want,” advices Diana Pemberton-Sikes, a wardrobe and image consultant and author of a series of fashion how-to products, including Bussiness Wear Magic, an e-book that brings together business attire, etiquette, and tips on how to arrange your office. “And what they want, at least initially, is someone they can relate to or someone who fits the perceived image of the role.”

And since there isn’t a stereotype of the notary signing agent, who’s to say you can’t give people what they want and make yourself memorable while at it?

Of course, in the Notary Public Code of Professional Responsibility, the NNA advices notaries to refrain from advertising themselves in an “undignified and excessively commercial manner.” But to mobile notaries who rely on signings as a main source of income, this silent and dignified stance is a death wish, especially in these times. To them, marketing and differentiation techniques are becoming crucial.

And to them, professor of marketing at Berkley David A. Aaker hits the right note when he says, “branding adds spirit and a soul to what would otherwise be a robotic, automated, generic price-value proposition.”

The North Carolina Embezzler

Teresa Davis, the elections official for Johnston County, North Carolina, resigned on July 14 after being linked to missing money in an investigation by the Johnston County’s Board of Elections.

According to Peggy Lim, reporter with The News & Observer, Davis learned about the investigation on Monday.

“Yes, money is missing,” Davis said in a statement the day before she finally resigned. “And I take full responsibility.”

Mark Payne, a county attorney, said Davis will begin paying the sum soon, though no specific date has been given.

As with most embezzling schemes, the money is believed to have been taken in small amounts over a long period of time. The Associated Press states Davis took a total of $6,000 over the course of five years and that this sum included notary fees. Lim reports it was $6,290 and also mentions notary fees. Neither, however, specifies what the total is for these notary fees or where they come from. To this end, The Notary Republic contacted the Office of the North Carolina Secretary of State.

George Jeter, Director of Communications said that the Office of the Secretary of State had looked into things and found that no notary had violated any of the State's notary laws and that the aforementioned situation had “more to do with country government policies and expectations.”

Jeter suggested that this reporter contact the county manager Rick Hester for more information.

According to Hester, Davis is a commissioned notary and the money comes from notarizations occasionally performed in her office.

“How that got to be in there I don’t know,” he said, referring to the account of events offered by the Associated Press and Lim’s story for the News & Observer, “things like that are published and people have no basis for saying them. I know [notarizations] didn’t happen a lot, but I’d be afraid to guess. If I was gonna guess, I’d say it was less than $100. There isn’t enough traffic; it’s a two-person office, so it didn’t happen a lot.”

Regardless of the quantity, the act remains. Davis was a notary public and public servant with a duty to the citizens of Johnston County; these roles share a requirement of honesty and strong moral fiber. Davis can pay off the money—it’s winning the trust of the community that will pose the greatest challenge.

Special thanks to Peggy Lim at The News & Observer; Melissa Bradley at elainemarshall.com for putting me in touch with George Jeter; George Jeter, Director of Communications for the NCSOS; and Rick Hester, county manager, for the information and an invigorating game of telephone tag.

Florida Notary Bill Vetoed!

On June 23, Florida Governor Jeb Bush vetoed HB 567, a bill was designed to combat fraud by requiring Florida notaries to keep a journal of notarial acts.

Currently, Chapter 117 of the Florida statutes governing notaries public does not require notaries to keep journals of the acts they perform.

Gov. Bush was not convinced the bill would succeed in the purpose, also noting that making journals public record could compromise individuals’ personal information such as addresses and telephone numbers.

The Florida Department of State did not issue any statement on its website. When reached for comment, Susan Smith, press secretary for Secretary of State Sue M. Cobb refused to go on the record, stating, “I won’t go on the record because there is nothing to go on the record about.”

Audrey O’Kelley, Executive Communications Manager at the NNA told The Notary Republic that the governor’s decision had come as a surprise.

“The NNA supported the bill,” she said, “as it supports all actions to protect the notary and the public. Also, in trials, only the portion relevant is made available. That is why the FBI is in support of the NNA’s position on keeping journals.”

She mentioned that in California, where a thumbprint is also required, notary journals go a long way in fighting fraud.

When asked about the supposed potential for privacy violations, O’Kelley stated, “We do encourage our notaries to keep journals under lock of key. But the journal itself is not a public record—the notary journal is not covered by the US public records law.”

At the time he vetoed HB 567, Governor Bush signed HB 1145 into law, which makes “In God We Trust” Florida’s official state motto. Good thinking—with no record of notarial acts, God’s just who Florida will have to trust if any records come into question.

Read the bill at FLSenate.gov.