Deputy commissioners of civil marriages: Appointment; powers and duties; compensation; number on duty.
1. In a county whose population is 400,000 or more, the commissioner of civil marriages may appoint deputy commissioners of civil marriages. Such deputies shall:
(a) Solemnize marriages in commissioner townships under the direction of the commissioner; and
(b) Perform such other duties as the commissioner may direct.
2. In a county whose population is less than 400,000 and in which the board of county commissioners has appointed the county clerk to act as the commissioner of civil marriages, the board may, by ordinance, establish the number of deputy commissioners of civil marriages which may be appointed by the commissioner of civil marriages to carry out the duties set forth in subsection 1.
3. No deputy commissioner of civil marriages may solemnize marriages at any time other than during the working hours or shift during which he is employed.
4. The deputy commissioners of civil marriages are employees of the county clerk’s office and are entitled to be compensated by a salary and by such other benefits as are available to other county personnel regularly employed in the same county clerk’s office. The compensation of any deputy commissioner of civil marriages must not be based in any manner upon the number or volume of marriages that he may solemnize in the performance of his duties.
5. In counties in which deputy commissioners of civil marriages are employed, no more than two deputy commissioners may be on duty within the courthouse of such a county for the purpose of solemnizing marriages at any one time.
Last modified: February 25, 2006