Town of New Paltz

WEST NOW A 'MARRIAGE OFFICER' FOR TOWN OF NEW PALTZ:

Village of New Paltz Mayor Jason West, who caused a local and national uproar 2-1/2 years ago by presiding over same-sex weddings, has been appointed a marriage officer by the New Paltz Town Board.

West's appointment - which authorizes him to preside at heterosexual weddings - lasts through Sept. 1. The board also has appointed Town Clerk Marian Cappillino as a marriage officer. Her appointment lasts through Dec. 31.

"A couple of meetings ago, we appointed (West) a marriage officer through Sept. 1 for the town, and immediately after, Marion made a request to be appointed a marriage officer," said town Supervisor Toni Hokanson. "She stated that she had people who come and are looking for some to marry them who aren't necessarily religion-based."

Hokanson said the appointment of West does not mean the town will start allowing gay weddings.

"They're both bound to perform the ceremonies only for people who have properly obtained a New York state marriage license," Hokanson said of West and Cappillino.

Municipalities have broad authority to appoint marriage officers under Section 11-C of the Domestic Relations Law. I'm not aware of any towns in my neck of the woods that have done this, and would like to hear from others across the state that have. Have you had any problems with the position? Here is the statute in its entirety:

§11-c. Marriage officers. 1. Notwithstanding the provisions of section eleven of this article or any other law, the governing body of any village, town, or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage which marriage shall be valid if performed in accordance with other provisions of law. Nothing herein contained shall nullify the authority of other persons authorized to solemnize marriages.

2. The number of such marriage officers appointed for a municipality shall be determined by the governing body of the municipality. Such marriage officers shall be eighteen years of age or over, and they shall reside in the municipality by which they are appointed. A marriage officer shall have the authority to solemnize a marriage within the territory of the municipality which makes the appointment.

3. A marriage officer may receive a salary or wage in an amount to be determined by the governing body of the municipality which appoints him or her. In the event that a marriage officer receives a salary or wage, he or she shall not receive any remuneration or consideration from any other source for performing his or her duties. In the event that a marriage officer does not receive a salary or wage, he or she may accept and keep up to seventy-five dollars for each marriage at which he or she officiates, paid by or on behalf of the persons married.

4. The term of office of a marriage officer shall be as determined by the governing body which makes the appointment but shall not exceed four years. A marriage officer shall serve at the pleasure of the appointing authority and may be removed from office with or without cause on ten days written notice filed with the clerk of the municipality and sent by registered mail return receipt requested to the marriage officer.