RESOLUTION NO. RS2012-374

A resolution encouraging elected officials authorized to perform wedding ceremonies to establish a procedure to enable newly-married couples to make a charitable contribution in lieu of or in addition to the payment of a gratuity.

WHEREAS, Tenn. Code Ann. § 336--301(c) authorizes county mayors, county clerks, and members of county commissions to receive a gratuity for the performance of a marriage ceremony, which may be retained as personal remuneration for such services; and

WHEREAS, although such elected officials are authorized to accept a gratuity, the Tennessee Attorney General opined in 2011 that the elected officials may not charge or demand a fee for performing marriage ceremonies; and

WHEREAS, the solemnization of marriage is a necessary and vital service provided to the public for which many newly-wedded couples may desire to show a monetary expression of their appreciation; and

WHEREAS, in lieu of, or in addition to, the payment of a gratuity, such newly-wedded couples may find it desirable to make a contribution to a 501.c.3 nonprofit organization in recognition of the service received through the solemnization of their marriage; and

WHEREAS, it is fitting and proper that all elected officials authorized to accept a gratuity for the solemnization of marriage establish a procedure whereby newly-married couples can make a contribution to a nonprofit organization at the office where the wedding ceremony is performed.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as encouraging elected officials authorized to perform wedding ceremonies to establish a procedure to enable newly-married couples to make a charitable contribution in lieu of or in addition to the payment of a gratuity. Such procedure could involve the use of individual lock boxes for which cash contributions may be made to charities approved by Resolution of the Metropolitan Council for such purposes.

Section 2. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard