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Omitting signature on preliminary documents
Posted: Wed Oct 19, 2011 8:33 am
by Ian Wilson
Out of office...
Running into request for signature on preliminary submission.
Don't want to do this...have R/S on file that client had turned into photomylar and bullied recording.
Recall provision of Board Rules that allows submission with "PRELIMINARY" stamped instead of signature...
Does anyone have reference?
THANKS!!!
Posted: Wed Oct 19, 2011 11:39 am
by pls7809
I usually sign and seal first submittals, but put a big red stamp "Preliminary" through both of them.
Posted: Wed Oct 19, 2011 12:50 pm
by Ian Wilson
Thanks, Woody!
I could have sworn there was a blurb in the BR regarding not requiring signatures on preliminary documents...
Must be getting old...
.
Posted: Wed Oct 19, 2011 2:35 pm
by Ric7308
Ian,
Being this is a Record of Survey, I suggest you contact Nancy about this for clarification. Her direct line is 916-263-2241
Posted: Wed Oct 19, 2011 4:57 pm
by E_Page
I put my name and license # on a preliminary RS per §8761(b), mark the check print "Preliminary" per §8761(c) on my signature line and across the space for my stamp, and do not sign it until I issue a final version per §8761(d).
(b) addresses all documents, expressing the requirement for name & license #, but not expressing any further requirements.
(c) addresses interim documents, expressing the requirements to clearly mark as an interim or "preliminary" document, but not placing further requirements.
(d) addresses final document, expressing the requirement for a signature.
(b) is general, applying to ALL documents, preliminary or final. (c) is specific to INTERIM documents, not applying to final documents. And (d) is specific to FINAL documents, not applying to interim documents. I believe the legislature have them in that order for a reason, and separated specific requirements for interim and final documents separately for the same reason.
Personally, I would not feel comfortable signing a map or other document that I consider to be preliminary. By definition, the opinion(s) contained in that document have not undergone final review and may yet change. If I were to sign and seal such a document, regardless of having a "preliminary" stamp on it somewhere, it may give the appearance of my final or "official" opinion as an LS.
If someone were to manipulate the preliminary document to remove the "preliminary" stamp and leave my signature and stamp in place, it would definitely, albeit fraudulently, convey the authority of being a final document.
IMO, there is no good reason (at least none I can think of) to sign a preliminary document. Just ensure that it is properly and prominently marked "Preliminary".
Reason for signature:
Posted: Thu Oct 20, 2011 1:14 am
by 7702
Indicates that the LS in responsible charge is actually in responsible charge.
Is most relevant when maps are being prepared and submitted by subordinates.
Posted: Thu Oct 20, 2011 4:34 am
by Ian Wilson
Thanks for the responses!
I guess I should have made myself a bit clearer. I'll plead haste and being away from the office.
This situation is regarding first submitted of a Parcel Map.
The R/S I mentioned was many years ago. A client took one of my submittals to the County for me. He swung by a repro house and turned it into a photomylar and then proceeded to bully everyone into recording the map that day.
The CS worked with me to void the recorded map and get things straightened out. everything worked out in the end. To this day, I haven't signed any submittals except the final one.
The map will be submitted with my signature and "PRELIMINARY" printed directly over it.
Thanks again for your comments...truly valuable ones, too!
Posted: Thu Oct 20, 2011 5:00 am
by Lee Hixson
Ian...
I followed you all the way up to these two sentences:
"To this day, I haven't signed any submittals except the final one."
"The map will be submitted with my signature and "PRELIMINARY" printed directly over it."
Is it just too early in the morning for me, or aren't those self-contradictory?