A new state guideline issued this week prevents mayors from collecting any fees for weddings unless the money goes into town coffers.

The directive issued this week by the state Department of Community Affairs led to lengthy meetings Wednesday in a city that handles about 400 weddings per year, making it one of the top wedding destinations in the country.

The city already has 87 weddings booked for 2007, and the day began with city officials wondering how the changes would affect them. The state will allow towns to continue collecting the fees if they create an ordinance establishing a set fee and then funnel the money into the general fund. The ordinance also allows the mayor to get a salary for performing weddings, and this is under consideration.

“I think we’ll work through it. I think we’ll do the ordinance as required, and it will be OK,” said Mayor Jerry Inderwies.

There are still a number of bugs to work out. One of them is that the city has so many weddings it often has to call on other mayors to perform them. This could mean that West Cape May Mayor Pam Kaithern and Stone Harbor Mayor Suzanne Walters could end up on the city’s payroll.

“If I do the ceremonies in Cape May, do I become an employee of Cape May?” asked Kaithern. “I do a fair number in Cape May.”

Kaithern sees it adding to expenses for Cape May, since a lot more administrative paperwork will have to be done.

Cape May Treasurer Bruce MacLeod said the state wants the money to go to the town whose mayor performs the ceremony. If Kaithern does a wedding in Cape May, the money would go to West Cape May.

“They say it goes to wherever the mayor is the mayor,” MacLeod said.

It won’t be a problem for Cape May Point Mayor Malcolm Fraser, who also has pinch-hit and done weddings in Cape May. On Wednesday, Fraser said he is out of the wedding business because of a state ruling that would also require him to do same-se-x civil unions.

Fraser said he has never collected a fee for weddings but asked the bride and groom to give a contribution to the Cape May Point Taxpayer’s Association, which has used the money from the 150 weddings he officiated through the years to beautify the town. The money has been used for tree and flower plantings.

“To me there is a religious principle that I grew up with, and I can’t sell my soul down the river, even for the Taxpayer’s Association,” Fraser said.

Inderwies collects a fee of $150 per wedding and gives some of it to charity but keeps some of it to cover expenses.

“I’ve ruined two suits doing weddings, and they’re not cheap suits,” Inderwies said.

While he enjoys doing weddings, and feels its part of the job, he also noted it takes him away from his family, sometimes for entire weekends.

“You should be compensated for your time. We’re trying to work it out with Pam Kaithern and Suzanne Walters,” Inderwies said.

The city faces difficulties if there is a glut of weddings or Inderwies is out of town, since Deputy Mayor Niels Favre won’t do them. MacLeod said other towns who supply mayors for Cape May ceremonies would also have to pass ordinances.

The state is allowing towns to avoid all the new bureaucracy if the wedding party is merely told to make a voluntary contribution to a charity of their choice. A mayor cannot specify a specific charity.

Fraser’s system would still be legal because he did not make them contribute to the Taxpayer’s Association. He told them they could pick their own charity if they wanted to. Fraser had no set fee and said contributions ranged from $20 to $250.

Jerry Gaffney, a former mayor of Cape May, developed his own system. When Gaffney became mayor, the fee was $50 and the check was written to the city of Cape May. He lost the mayor’s post, and when he won it back, he said the fee was $100.

Gaffney decided to give the money to charity, including scholarships for students at Our Lady Star of the Sea School to attend Wildwood Catholic High School. He said in his last year as mayor he did 120 weddings and collected $12,000. He declared that as income, but kept just enough to pay the taxes on that income and gave the rest to charity. He did weddings for city employees and people in the military for free.

“I kept a couple dollars to pay the taxes. I wasn’t losing money,” Gaffney said.

Gaffney said he is not surprised the state is cracking down on the system, which he said was getting out of control.

“Just look at it. If you do 100 weddings at $150 a pop, for three minutes work, that’s quite a fee,” Gaffney said.

Last year the city hosted 385 weddings. Kaithern said the city is the No. 3 wedding destination in the country. City records show Inderwies officiated at 112 weddings last year, while 94 were done by other mayors and dignitaries, such as judges. Ministers, who are not affected by the state’s ruling, did 179 weddings.

The state argues that court cases have already made it illegal for municipal judges to collect wedding fees, since it is one of the responsibilities of their office covered by their salary. The state argues the same statutes and ethics laws granting authority to judges to do weddings and civil unions also apply to mayors. It argues the authority to do weddings comes from the state Legislature.

The state wants the towns to adopt an ordinance by March 15. If a mayor gets a salary, it would be a line item in the budget. Social Security and other payroll deductions would be made. Mayors would have to document expenses, such as mileage, and submit vouchers. MacLeod said a mayor could get an annual salary or be paid per ceremony.

So far, there is no attempt by the state to take the money.

source : www.pressofatlanticcity.com