HomeMy WebLinkAboutMINUTES - 09102002 - D1 Di1
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Date: September 10,2002 Matter of Record
On this date,the Board called for public comment, The following persons presented
testimony:
Larry Gault,2237 Railroad Avenue,Pittsburg regarding the U. N.Resolution in the
Middle.Past;
Bob Beaver,2974 Delta Fair#281,Antioch, regarding Domestic Partnership Health
Care Benefits;
Paul Dudley and Sean Doak,5491 Haussauer,Concord,regarding Rite of Passage
and out of home
placement;
Suzette Munft,217 Maureen Circle,Bay Point,(Local SEW 250) regarding
homecare and healthcare workers;
Dana Simon,560,20th Street,Oakland,Ca regarding In-Dome Support Services
bargaining.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO ACTION WAS TAKEN
Board of Supervisors
Contra Costa Count
September 10, Zoo
Domestic Partners Benefit Plan
Application Procedure Revision
September 10, 2002
TO: CHAIR, Contra Costa County Supervisors
J Gioia, G. B. Uilkema, D. Gerber, M. DeSaulnier, and F. D. Glover
From: R Beaver/2974 Delta Fair#2811 Antioch CA 94509
Re: Domestic Partnership Health Dare Benefits -Proposed Procedure
Revision
A far-sighted Contra Costa Beard of Supervisors policy concerning domestic
partnership health benefits for county employees has been partially subsumed by state
law (AS 25). Certain county procedures implementing the BGS policy should be
clarified or revised in light of passage of the new law. The revision suggested here is
a'minor change in procedure which will advance the board's avowed policy by
removing unnecessary and inappropriate administrative surplusage from the
application process. The board should promptly act as indicated to revise its apparent
application procedures:
Revenue neutral or de minimus savings.
812ecifics
Assembly Bill 25, effective Jan 2002, provided substantial statutory rights to qualified
domestic partners,including rights relating to employer-sponsored health and dental
plans. ;These rights generally apply to adult same-sex domestic partners and to
domestic partners of opposite sex where one or both partners are over the age of 62.
AB25 requires a simple notarized declaration filed with the Secretary of State
(attachment), subscribed by the domestic partners and attesting to specified facts.
The earlier BOS policy,. made effective January 1, 2000, adopted a health care benefit
plan for county employees which includedhealth benefits for"domestic partners" of
couples of same or opposite sex. The board was reportedly seeking to "equalize
employment benefits between:.married couples and couples who are not married, either
through choice or because they are barred from marriage as in the case of lesbians or
gay men."[information Sheet*]. The policy was clearly intended to anticipate and
support the changes in state law of AB25, as well as to provide incentive to county
employment.
The Problem
As implemented in CC County, and similar to the requirements of A1325, to qualify for
benefits the employee submits a declaration sworn by the employee and their partner;
Domestic Partners- Page-t
attesting to certain facts. Mischief appears, however, in a supposed additional
requirement appearing on a county supplied information sheet that "production of a
picture identification card and proof of cohabitation" is also required for eligibility.
Whether this;supplemental proof requirement was specifically authorized by the board
or was;implemented by some other means, 1 have been unsuccessful in determining
despite several inquires. In any event the board may and should remove such
unnecessary requirements.
The supplemental proof requirement of"photo id" is unnecessary in light of notarization
of the declaration. Likewise the ancillary "proof of cohabitation" beyond the
declaration appears unnecessary to protect anyone's rights, increases the bureaucratic
fog index(aka BS index) of the board's otherwise sound policy, may actually undermine
the board policy seeking to "equalize employment benefits". There is further potential
mischief or undesirable consequences. such as vague or arbitrary implementations,
inefficiencies in administrative documentation and paperwork, potential for
unnecessary disqualification of otherwise fully eligible employees., and several
employee privacy concerns are also raised by the procedure.
The board should further recognize and consider, as a means of cuffing through any
fog of uncertainty, that no declaration, photo id, disclosure of residence address, proof
of marriage, birth certificate, or proof of cohabitation appears to be required for the
benefits application of employee dependents or married couples. The board'should
assure that any additional administrative requirements of its domestic partnership
policy are justified by and consistent with its policies and with state law.
Conclusion and Recommendation to Board
(A) The supposed benefit eligibility requirement that"production of a picture
identification card and proof of cohabitation is required" should be dropped or
made optional and (B) the declaration currently provided (attached) be deemed fully
sufficient to meet eligibility requirements when duly notarized.
ATTACHMENTS
1. Contra Costa Information Sheet Regarding Benefits For Domestic Partners -
provided by CCC Employee Benefits Dept.
2.'CCC Declaration of Domestic Partnership (CONFIDENTIAL) Provided by CCC
Employee Benefits Dept.
3. State of California DECLARATION OF DOMESTIC PARTNERSHIP (Family Code
Section 298) - From Bill Jones, CA Secretary of State (Official WW Web Site).
-END-
Domestic Pers`-Page-2-
CONTRA COSTA COUNTY
INFORMATION SHEET REGARDING BENEFITS FOR DOMESTIC
PARTNERS
Effective January 1, 2000,:the Contra !Costa County and those Special Ulstricts
under the jurisdiction of the Sward of Supervisors (herein Contra Costa County), have
agreed to adopt a policy extending health and dental benefits to the domestic partners of
its employees, and to the dependent children of those domestic partners. This is an
attempt to equalize employment benefits between married coups and couples who are
not married, either through''cholas or because they are bred from marriage as in the
case of lesbians or gay men.
Effective January 1, 2002, a new California law (A825) significantly expands the
rests of domestic partners. Although most of the law's provisions relate to non ttenetlt
issues such as estate planting and health care decisions, the new law also provides
important rights to domestic partners participating In employer-sponsored health and
dental pians. However, these expanded'rights aro avalWft tmiy to same sex domestic
partners;or opposite sex domesticpartners where at WW one member of the couple is
over age 82. To take advantage of these expanded rights„I they parties must file a
Declaration of;Domestic Partnership with the Secretary of State. You may wish to
conswit an attorney to inquire about the fall extent of your rights under AB25. If you have
further benefit questions, you may call the Employee Benefits tint at(925) 335-1748.
The followft summary describes Contra Costa County's domestic partnership
health and/or dental benefits. Where applicable, this summary indicates the expanded
rights of those domestic partners who moot the eligibility criteria under A825.
A. Q2M2stic p`IMM:
For purposes of the Contra Costa County health and dental bert+efits, "domestic
psrtne W means two adults who have chosen to share one another's lives'in an'intimate
and committed relationship of mutual caring. regardless of their gender. The
requirements to be domestic partners am:
1. The two parties must live together and must' have'lived together for at
feast to six consecutive months prior to lite application for benefits.
Production of a picture identification card and proof of cohabitation is
required. Proof of cohatilladw may be established through utility bills,
bank statements and other such documentation showing a common
address for both parties.
2. The two parties must agree to share common necessities of life'and be
jointly responsible for each other's basic living expenses during the
domestic partnership.
3. Both panes mist be at least eighteen years of age.
4. Both parties must be mentally competent toconsent onsent to contract.
5. Neither party may; be married' or a` member of another domestic
partnership.
6. The two parties may not be related by blood to a degree that would bar
their marriage to each other in the State of California.
7 Both parties resist sign an affidavit attesting to their status as domestic
partrrs.
The following additional requirements apply to these domestic',partners see Ming
the expanded rights under A826-
1.
15:1. lith parties arcs meters of the:same sex, or if members of the opposite
sex, at least one party is over age 6.2.
2. At least one warty meets the specified eligibility criteria for age related
benefits:under the Social Security Act.
3. Neither party has an active Declaration of Domestic Partnership on file with
the Secretary of State naming another domestic partner.
4. Both parties filer a Declaration of Domestic Partnership with the Secretary of
Mate. . capes of the form are available at your local county deck's dice,
Secretary of State's office or on the Internet at MOM.ss;c;aa.crov.
Ba De�fini 4 ss
9. "five Together' means that both parties sure the same dwelling,
although It Is not necessary that the ko possession of the dwelling be in
both';parties'names,such as In a deet car rental agreement. Two pins
may live together even if one or bath have additional IIMrlg places.
Domestic partners do not cease to litre together If one leaves to
place and intends to return.
2. 'Joint ResponsiblOW for basic live V expenses means that each partner
agrees to provide for the ether partners, basic;living expenses If the
partner Is unable to provide for herself or himself.
3. "Basic Living is xpensea"'means basic food,"ter and medical'carm
D. Terr njostign' f R2M21k PFartnershlQ,
A donwo is partnership erg when one of the fallowing events ocdur
1. termination of the domestic partnership by either party;
2. death of either party;
3. marriage of either party;or
4. parties'failure to continue living together.
D. !odor of T_orminatieon of mestic f",a f ershtg:
Vftin 30 days of the termination of au domestic partnership, at least one of the
parties must file an affidavit of termination of the domestic partnership with the Coatis
Costa County Employee Benefits Unit.. unless both parties sign the affidavit, the person
signing the affidavit must attest that a copy of the notice was given to the other party by
mail or in person. For purposes of AB25, upon termination of the domestic partnership,
at least one ,party mast fie a Notice of Terminatiort of Domeaft Partnership with the
Secretary of State.
E. R c of Ir sing t n of RRMgs lc Pe rst�t
f
All health and/or dental benefits for the domestic partner not employed by the
county shall terminate on the day the affidavit of termination of the domestic partnership
is filed with the employee benefits Unit, or upon the thirtieth (30day follo Ang actual
termination of the partnership,whichever occurs first. f=ailure by either party to timely file
the termination of the,domestic partnership or the termination of applicable health;and/or
dental benefits to ft non-aunty party. In some caste,continued coverage for the non-
County party may be available after the terminatlo rt of the domestic partnership if
continuation of coverage is provided for In the applicable health and/or dental plan.
A party to a domestic partnershipmay not file an affidavit of domestic partnership
with the County during the six-month period following his or her firing of an affidavit of
termination of'a previous domestic partnership.
F. Dependents of fleMgttq Partr M,-
Health and/or dental benefits are available to a dependent of a domestic partner
who qualifies for coverage by satisfying the afor+oomentioned requirements. The
coverage for "dependents of domestic' partners" shall parallel the rales applied to
dependents of married couples. The pian booklets provide coverage details, but you
should contact the Employee Benefits Unit if you nem clarification of the dependent
coverage rules'.
0. EnLpftent Period';
A domestic partner, and/or his or her dependent, who qualifies for health/dental
benefits through a County'employee Is subject to the some 30-day *Wndow" period
governing all other employees who are covered by or applying for health and dental plaits
coverage. Negri children, adopted children,new employees, new spouses and neer
domestic partners are all subject to a 30-day Omit on the enrollment period beginning on
the date"of the event.>After the 30-day period has expired and notwithstanding any other
status changes, all new enrollments or changes to benefit selections may be made only
during the annual open enrollment period, or as otherwise provided by the terms of the
applicable plant
H. TU!goUg2gMMces:
Prior to:.AB25,;federal and state law required that the cast of a domestic partner's
coverage(and that of his or her dependents), whether subsidized by the County or paid
for by the employee,be included in the taxable income of the employee. This is still true
vorith respect to domestic partners who do not meet the eligibility criteria under AB25, as
described above. However,for those domestic partners who dal tln+etit the eliglblllty
criteria +of A825, California tare law provides that ss of January 1, 2402, amounts
subsidized by an employer flog` the cost of an employee's domestic partnees
health and/or dental coverage will not be Included In the omployee's Calltomi
taxable Income. Also, amounts'paid by such air empleoyee for coverage of his or
her domestic partner will also be excluded form the employee's California taxable
Income. For these employees,amounts owed to pay the premiums for domestic partner
coverage will be deducted froom the employe Ws pay. The amounts deducted will be
subject to federal income tax, but will not be stood to Califorrfa state income tax. In
corder to receolve this favorable tart treatment,ellgibIe parties trust provide proof of
f lbV a Declarsdart:of Danww Partnamh1p with the Secrecy of saw and must
otherwise most the eligibility criteria under A826.
Any person, employer (including Contra Costa County) or'company that suffers
any loss because of (I) a false statement contained In an affidavit of domestic
partnership, or(ii)failure to notify the County of changed circumstances or termination of
the domestic partnership, as required by Section D above, may bring a civil action
against any Darty at fault to recover its actual loses, including reasonable attorneys'
fees
ttlith the exception of the County employee involved in the domestic partnership,
Contra Costa County, its employees or officers shall not be liable to anyone for a
domestic partner's negkKA or failure to perform any act required by this poky,
i, ',
CONFIDENTIAL
CONTRA COSTA COUNTY
DECLARATION OF DOMMSTIC PARTNERSHIP
and
Marne of Employee(Print name with social security#) Name of Domestic Paruter(Print)
declare sunder penalty of perjury.
I. Wt have chosen to share our lives together in an intimate and committed relationship of
mutual caring.
2. We currently live together at the residence located at
(print street address
in ,California,
(print name ofcity) (print z code)'
3. We have lived together for at lust the six consentive months prior to the date this
Declaration was signed below. (Attach cupics of all documtotation cstablishing
cohabitation).
4. We agree to sham the common necessities of life and to be jainthj responsible for each
other's basic livi€zg des during the domestic partnership.
5. We are both eighteen years of age or older.
6. We am both of sound mind and understand the contents of this Declaration. Neither
one of us has been adjudicated to be mentally incompetent by any court of law.
7. Neither of us is married to anyone. Neither of us is amember of another domestic
partnership,
8. We are not related by blood to a degree that would bar marriage in the State of
California.
9. We.agree to file the County form entitled`'Notice of Termination of Domestic
Partnev*W with the County's Employee Beueftts Unit within thirty clays of the
termination of the domestic partnership,;or with thirty days of any change of
circumstances attested to in this Declaration. if both of us do not sign the Notice of
Termivatiou of I meatic Partnership,we agree to serve each ether with a espy by mail
or in person and to abide by the provisions contained therein_
1 O. We ham been provided with a copy of an Information Shut Regarding',.Bene&s for
Domestic Partners,a copy of which is attached herein and incorporated by reference,
and understand its contents.
11. We provide the information in this Declaration to be used by the County for the sole
purpose of determining our eligibility for domestic partnership health and dwal benefits.
We undcata i Haat this information will be held confidential and will be mitoct to
disclosure only upon our express written authorization or pursuant to a court order.
We affirm,under penalty of perjury,that the assertions in this Declaration arc true to the hest of
our knowledge. t
Date of Birth Signature of Employee Date
Date of Birth Signature of Domestic Partner Hate
State of California FILE NO:
Bill JoLnes
Secretary of Stag
DECLARATION OF DOMESTIC PARTNERSHIP
l Fa nil ly Codo Soctbn 2%
lnstnte ons
1. Complete,a"A mail tot s,actatary of Stats,P.O.Box$#4225
Sacraments,CA 04244-2250 (916)03.4994
2, lnclu"tiling fee of 510.00, Dlako chock payable to Secretary of State
We the undersigned,do declare that we meet the requirements of
Section 297'at this time:
€otticuonlyy
We share a common residence;
We agree to be jointly responsible for each other*s;basic living expenses incurred during our dornesticpartnership,
Neither of us is married or a member of another domestic partnership,
We are not related by blood in a way that would prevent us from being married to each other in this state;,
Wo rare both ritlaosst 1g yromrs of age;
We are both members of the same sex or omafor tuft of us istare over the age Lof 52 and meettt,e eligibility criteria underTtle It '
of the Social Security Act as defined in 42 U.S.C_Section 4=a)for old-age insLrance banefits or Title X of the Social Security
Act as defined in 42 U.S.0 Section 1381 for aged individuals,
We are both capable of consenting to the domestic partnership,
Neither of us has provicusly f iled a Declaration of Domestic Partnership with the Secretary of State pursuant tea Division 2.5
of the Farnily Code that has not been terminated udder Section 299 of the Family Code
The representations herein are true, correct and contain no material omissions of fact to our best
knowledge and belief. Sign and print complete name. (if not printed legibly,application will be rejected4
Signatures of both partners must be notarized.
Signature (Last) (first) (Uddle)
Signature - - - __ (Last)- �(First) - (toddle)'
C ammon iTesian assW �zjr Stag _Zlp(0CF9
Mailing Address .City estate Zip Code
i' OTAFMATION 15 REQUIRED
State of California
County of
On ,before me ,personally
apire:a a ct
personally known to me(or proved to me on the basis of satisfactory ev{denccel to be the pemon(,k)whose name(,st are subscribed to
the within instrument and acknowledged to Wise that helshwlhey executed the same in l}WherAheir authorized capacity(lesi,and that
by hisiherltheir signature(st on the Instrument the persan(4)executed the instrument.
Signerture of Notary public [PLACE l+la7AY SEAL HEED
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Date: September 9,2{}42
�- TO: Contra Costa IHSS Public Authority Governing Board
Health care
Workers union CC: Keith Fleming,Jeff Kyle,Eldon Luce
Stronger Together
SAL ROSS ELLI FR: Dana Simon
President
JOAN EMSLIE RE: Increased California IHSS Wage Cost Sharing Funding
Secretary-Treasurer
SHIRLEY WARE
Secretary-Treasurer 1988-1999
DIVISION VICE PRESIDENTS We are happy to report that the final version of the state budget signed last week by
Rosario Grin the governor includes the increased IHSS cost sharing that we have ointl worked
ias
Juanita 6arbarin g g ,� y
Linda Beckman so hard to secure.Following is the language that was singed into law:
Beatrice Bell gg
Bill Bower
Rosie Byers
Mary Crew "To further enhance efforts to improve the quality of provider services and
Tereslta Gatan
Linda Jacobs strengthen recruitment and retention,beginning in 2442-43,the State will
Suzette Munoz
Ella Raiford pay a share of costs for the]HSS public authority providers'wages and
Cornelius Stewart
Meaalofa Talivaa benefits up to$14.10 per hour.This represents a$1 per hour increase com-
Terry Tillery pared to the 2401-02 level'.,,
DISTRICT VICE PRESIDENTS
Ken Allen
Willie Atkinson This is a victory for homecare workers and consumers, and a good step in holding
Dorothy Ballet
Marne Bates the state to its Commitment to provide funding to county governments.
Marilyn Benson
Yolanda Chavez
Bruce Cooley
Lucy Furch
Myyrna
Ln
DavidGordl
Janey GronZy ds:seiu250/af[,6o
Helen'Hat]
Hollice Hdllrnan
Oletha Hunt
Bob Lewis
James Mao
Arlene Navarro;
Shirley Nelson
Carolyn Perkins
Sandra Pierre-Louis
Eloise Reese-Burns
Ana Rojas
Anne Stepp
Connie Taylor
Cindy Thomas
Robert Tht�lfauit
Kimberly Linsley
Wanda Washington
ADMINISTRATIVE VICE PRESIDENTS
John BorsoS
Will Clayton
Glenn Goldstein
Dan Martin
Pamela Martinez
Rachel Rodriguez
BOARD OF AUDITORS
Randy Lyman
Doris Saeed
Maria Samuel
voz
SERVICE EMPLOYEES
INTERNATIONAL UNION
AFL-CIO,'CLC
Headquarters San Francisco Office San Jose Oce Sacramento Office Fresno Office Stockton Office
560-20th Street 3019 Mission Street 2995 Moorpark Ave 4206 Power Inn Road 1279 N Wishon Ave 242 N Sutter St., Suite 91 1
Oakland, CA 94612 San Francisco,CA 94110 San Jose,CA 95128 Sacramento, CA 95826 Fresno,GS 93728 Stockton,CA 95202
510 251, 1250 1415 441:2500 40& 557, 2835 916. 73b 2500 559 265 4890 209. 933 9962
Fax:510 763: 2680 Fax 415 563;9914 Fax. 438 557 2844 Fax: 916 736,35t6 1.888 688 7256 Fax 209 9311, 9968
1 800 585,'4250 Fax559. 469 0520
wwwseiu250 org
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Resolution of the Contra Costa Central Labor Council on
Local 250 Homecare Negotiations
Whereas the contract between Local 250's Homecare bargaining unit and the Contra
CostaIHSS'Public Authority expired on July 1, and
Whereas the employer has, as of this date, offered no economic counter proposals since
the union presented its proposals in February, and
Whereas the employer demanded a unilateral three month extension of the contract,
whereupon the union filed an unfair labor practice charge for refusal to bargain,and
Whereas the homecare providers perform socially valuable labor for which they should
receive a living wage and benefits, it is
Hereby Resolved, that the CLC'urges the Contra Costa Board of Supervisors in their role
as the Governing Board of the IHSS Public Authority to begin good faith negotiations
with Local 250 to improve the working lives of our 4,500 caregiver sisters and brothers.
.Resolved on;8/21102