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HomeMy WebLinkAboutMINUTES - 01191999 - C127 C.127 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA' Adopted this Order on January 19, 1999 by the following vote: AYES: Supervisors Gioia,Uilkema, Gerber,DeSaulnier and Cancamilla NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence 0.127 LETTER,dated January 19, 1999, from Gail Usilton, 200 Murdock Street, Richmond, CA 94804,requesting that the County implement a Domestic Partnership Registry. *****REFERRED TO CLERK-RECORDER AND COUNTY COUNSEL IT IS BY THE BOARD ORDERED that the above recommendations as noted{*****) are APPROVED. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. }} ,r� ATTESTED 1 45 Phi tchelor,Clerk of the B of Supervisors and County Administrator By ^7 • ,Deputy c.c.Correspondents (I) County Administrator ....._... ......._. ......... ......... ............__. ......... .............. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........... ....... ......... . . ..�................................ January 19, 1999 To: Board of Supervisors/Contra Costa County Subject: Domestic Partnership Registry Presented by: Gail Usilton I am a resident of Richmore Village in Richmond, and I have requested to address the Board today on a matter that I feel is affecting every city and county in the Bay Area. Simply stated, I am requesting that the County of Contra Costa provide a means for Domestic Partners, whether same sex or heterosexual to have a means to register within the County, provided that they live here. The need for this has come about by an ordinance that the County of San Francisco has adopted. Mayor Willie Brown has made it mandatory that any business in the county of San Francisco that employs 50 or more people, offer Domestic Partnership Benefits to its employees that qualify for health benefits. Businesses are complying with the ordinance. As an employee of Pacific Bell, who employs over 90,000 people state wide, and who is offering Domestic Partnership Benefits to all of its employees starting January 1, 1999. It has become apparent to me that some things need to change at the local government level in order to take advantage of them. There is a requirement that says, my partner and I must be registered in the city or county in which we reside in order to qualify. Currently neither Richmond nor Contra Costa County offers any type of registry for either same sex partners or heterosexual partners. My partner and I are going to be married in May of 1999 and we would like to take advantage of this benefit and are unable to do so at this time. Included in the information that I have provided you is a copy of the ordinance for Marin County as well as for the City of Oakland, hopefully this information will be valuable in your examination of the feasibility of this request. Thank you, Gail Usilton ... ......... ......... ......... ......... ......... ......... ......_._. ._._. .. .. _ .......... ..._..... ......._. ......... ......... ......... ._....... ......... ......... ......... ......... ......... ......... _ __.... _........ ......... . ........ ......... 'Model Domestic Partnership Page 1 of5 , MODEL DOMESTIC PARTNERSHIPS Below are model laws and policies that you can use to get your government or company to adopt a domestic partnerships plan. For a detailed account on how to lobby,pressure, and win passage of domestic partnership plans,read ii5 : _. _- an ACLU guidebook on lesbian and gay civil rights. MODEL A: DOMESTIC PARTNERSHIP LAWS FOR GOVERNMENTS Generally,for use by governments (cities, states, counties, etc.) L Purpose The purpose of this ordinance is to create a way to recognize intimate committed relationships, including those of lesbians and gay men who otherwise are denied the right to identify the partners with whom they share their lives. 2. Definitions (a) Domestic Partners. Domestic Partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. The requirements to be domestic partners are: 1. the two must live together; 2. the two must agree to be jointly responsible for each other's basic living expenses during the Domestic Partnership; 3. neither person may be married or a member of another domestic partnership; 4. the two must not be related in a way which would prevent them from being married to each other; 5. both must be over 18; 6. the two must sign a Declaration of Domestic Partnership and establish the partnership under section 3. (b) "Live Together." "Live together" means that two people share the same place to live. It is not necessary that the legal right to possess the place be in both of their names. Two people may live together even if one or both have additional places to live. Domestic Partners do not cease to live together if one leaves the shared place but intends to return. (c) "Joint Responsibility for Basic Living Expenses." "Basic living expenses" means basic food and shelter. It also means the cost of medical care if a partner is receiving health care benefits because of the domestic partnership. "Joint Responsibility" means that each partner agrees to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself. Anyone to whom these expenses are owed can enforce this responsibility. file:C:\WINDOWS\TEMP\dpmodel.html 12/10/98 'Model Domestic Partnership Page 2 of'5 (d) "Declaration of Domestic Partnership." A "Declaration of Domestic Partnership" is a form provided by the city clerk. By signing it, two people swear under penalty of perjury that they meet the requirements of the definition of domestic partnership when they sign the statement. The form will require each partner to provide a mailing address. 3. Establishing A Domestic Partnership , (e) Methods. Two persons may establish a Domestic Partnership by either: 1. presenting a signed Declaration of Domestic Partnership to the City Clerk, who will file it and give the partners a certificate showing that the Declaration was filed; or 2. having a Declaration of Domestic Partnership notarized and giving a copy to the person who witnessed the signing (who may or may not be the notary). (f) Time Limitation. A person can not become a member of a Domestic Partnership until at least six months after any other Domestic Partnership of which he or she was a member ended and a notice that the partnership ended was given. This does not apply if the earlier domestic partnership ended because one of the members died. 4. Ending Domestic Partnerships (g) When the Partnership Ends. A Domestic Partnership ends when.: 1. one partner sends the other a written notice that he or she has ended the partnership; or 2. one of the partners dies; or 3. one of the partners marries or the partners no longer live together. (h)Notice the Partnership has ended. (1) To Domestic Partners. When a Domestic Partnership ends for a reason other than the death of one of the partners,', at least one of the partners must sign a notice saying that the partnership has ended. The notice must be dated and signed under penalty of perjury. If the Declaration of Domestic Partnership was filed with the city clerk, the notice must be filed with the clerk; otherwise, the notice must be notarized.' The partner who signs the notice must send a copy to the other partner. (2) To Third Parties. When a Domestic Partnership ends, a Domestic Partner who has given a copy of a Declaration of Domestic Partnership to any third party in order to qualify for any financially valuable benefit(or, if that partner has died, the surviving member of the partnership)must give the third' party a notice signed under penalty of perjury saying that the file:C:\WINDOWS\TEMP\dpmodel.html 12/10/98 _ _.._..._. ......... ......... ......... ......... ......... ......... ......... ......... ......... ._............... _. ........ ......... .......... ......._. ......... ......... .._...... ._....._... ......... ......... ......... ......... ......... ......... Model Domestic Partnership Page 3 of 5 partnership has ended. The notice must be sent within GO days of the end of the partnership. A third party who suffers loss as a result of failure to send this notice may sue the partner who was obliged to send it for actual loss. (3) Failure to Give Notice. Failure to give either of the notices required by this subsection will neither prevent nor delay ending the Domestic Partnership. 5. City Clerk's Records (i) Amendments to Declarations. A Partner may amend a Declaration of Domestic Partnership filed with the City Clerk at any time to show a change in his or her mailing address. 0) New Declarations of Domestic Partnership. No person who has filed a declaration of Domestic Partnership with the city clerk may file another declaration of Domestic Partnership until six months after a notice the partnership has ended has been filed. However, if the Domestic Partnership ended because one of the partners died, a new Declaration may be filed anytime after the notice the partnership ended is filed. (k) Maintenance of City Clerk's Records. The City Clerk will keep a record of all Declarations of Domestic Partnership,Amendments to Declarations of Domestic Partnership and all notices that a partnership has ended. The records will be maintained so that Amendments and notices a partnership has ended are filed with the Declarations of Domestic Partnership to which they apply. (1) Filing Fees. The City Council will set the filing fee for Declarations of Domestic Partnership and Amendments. No fee will be charged for notices that a partnership has ended. The fees charged must cover the city's cost of administering this ordinance. 6. Legal Effect Of Declaration Of Domestic Partnership (m) Obligations. The obligations of domestic partners to each other are those described in the definition. (n) Duration of Rights and Duties. if a domestic partnership ends, the partners incur no further obligations to each other. MODEL B: DOMESTIC PARTNERSHIP POLICY FOR BUSINESSES For use by businesses, universities, and other institutions when a benefits or recagnition system needs a detailed definition of domestic partnership. 1. Domestic Partners. Domestic Partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. The requirements to be domestic partners are: file:C:\WINDOWS\TEMP\dpmodel.html 12/10/98 'Model Domestic Partnership Page 4 of'5 .r 1. the two must live together; 2. the two must agree to be jointly responsible for each other's(basic living expenses during the Domestic Partnership; 3. neither person may be married or a member of another domestic partnership; 4. the two must not be related in a way which would prevent them from being married to each other; 5. both must be over 18; 6. neither person had a different domestic partners in the previous six months (this requirement does not apply if the partner died) 7. the two must sign a Declaration of Domestic Partnership. 2. Definitions. "Live Together." "Live together" means that two people share the same place to live It is not necessary that the legal right to possess the place be in both of their names. Two people may live together even if one or both have additional living places. Domestic Partners do not cease to live together if one leaves the shared place but intends to return. "Joint Responsibility for Basic Living Expenses." "Basic living expenses" means basic food and shelter. It also means the cost of medical care if a partner is receiving health care benefits because of the domestic partnership. "Joint Responsibility" means that each partner agrees to provide for the other partner's basic living expenses if the partner is unable to provide for herself or himself. Anyone to whom these expenses are owed can enforce this responsibility. "Declaration of Domestic Partnership." A "Declaration of Domestic Partnership" is a statement signed under penalty of perjury. By signing it, the two people swear that they meet the requirements of the definition of domestic partnership when they sign the statement. Each must provide a mailing address. 3. Ending Domestic Partnerships. A Domestic Partnership ends when: 1. one partner sends the other a written notice that he or she has ended the partnership; or 2. one of the partners dies; or 3. one of the partners marries or the partners no longer live together. 4. Notice the Partnership has ended. When a Domestic Partnership ends the partner/employee(or if that partner has died, the surviving partner)must sign a notice saying that the partnership has ended and give it to the employer. The notice must be dated and signed under penalty of perjury. The notice must be sent within 60 days of the end of the partnership. If the employer',or any benefits provider suffers loss as a result of failure to send this notice, it may sue the partner who was obliged to send it for actual loss. The partner who signs the notice must send a copy to the other partner. Failure to give the notice will neither prevent nor delay ending the Domestic Partnership. 5. Effect of Domestic Partnership. The obligations of domestic partners to each other are those described in the definition. file:C:\WINDOWS\TEMP\dpmodel.html 12/10/98 -Model Domestic Partnership Page 5 of'5 1_ --;q! If a domestic partnership ends, the partners incur no further obligations to each other. }�vi7,izr 1997, The American Civil Liberties Union file:C:\VIINDOWS\TEMP\dpmodel.html 12/10/98 __.._.. ......... ......... ......... ......... ......... ......... ._......._........ _ ... _ ........ ............... ....._... ......... ......... ......... ._...... ......... ......... ......... ......... ......... ......... _. _..._. _._... ......... . ........ ......... C..rpj The National Journal of Sexual Orientation Law Page 1 of 12 . ,� NATIONAL JOURNAL OF SEXUAL ORIENTATION LAW VOL. 1, ISSUE 1 Mary Sylla, editor (mmsylla@gibbs.oit.unc.edu) 1 -------------------------------END PAGE 90-------------------------- ------ Recognition of Domestic Partnerships by Governmental Entities and Private Employers. By: Lewis Becker Professor of Law, Villanova Law School'1 I. Introduction. Persons who are unmarried but who are living together as "domestic partners" are increasingly being given recognition by governmental entities (primarily municipalities) and private employers. Recognition by municipalities can take one of two forms. First, some municipalities permit a couple who live together in a committed relationship and who meet various qualifications to publicly register their status as "domestic partners". Such registration serves to permit partners, and especially gay partners, to have a symbolic recognition of their union similar in some respects to the recognition afforded by a licensed and solemnized marriage. Second, some municipalities extend to the "domestic partner" of a municipal employee the same health care and other benefits that would have been extended to the spouse of the employee. Some municipalities both permit symbolic registration and confer benefits; others simply either permit registration or confer benefits. Where municipalities do recognize domestic partnerships, they usually act by ordinance or other legislation; however, action may also be by executive order(as when New ork City established a general registration procedure) or by contract with a labor union(for example, the coverage of domestic partners within health plans may be provided for in a labor union contract). Where private employers are concerned, the recognition of domestic partners (if any recognition is extended by the employer) takes the form of the extension of health care and other employment related benefits to domestic partners. Gay activists have been in the forefront of attempts to achieve recognition of domestic partnerships. Although such recognition may or may not benefit only gay partners, it does serve a real need in the gay community because gay partners are not otherwise able to achieve societal recognition(and other more tangible benefits)by marrying each other. Of course, recognition of domestic partnerships by municipalities and other governmental entities is not the functional equivalent of marriage. However, the pressure for such recognition is the outgrowth of the fact that persons of the same sex are prohibited in every state from entering into marriage. (State laws prohibiting persons of the same sex from being married to each other have occasionally been challenged as unconstitutional under the United States Constitution, but no such challenge has been successful. The Supreme Court ofHawaii2 recently reversed the -------------------------------END PAGE 91--------------------------------- dismissal of a complaint which contended that the Hawaii statute prohibiting same sex marriages was unconstitutional under the state constitution - specifically, under Hawaii's Equal Rights Amendment. A plurality of the court held that the statute must pass the strict scrutiny test in order to be constitutional.) Laws prohibiting discrimination based on sexual orientation have been passed in many cities and file:C:\WINDOWS\TEMP\becker.html 12/10/98 ............_... _....._. ..._..... ......... ......... ...._............ ..... __. .......... .._._...... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... _.._. _..... _........ ......... . ..................... The National Journal of Sexual Orientation Law Page 2 of 12 some states.3 Additionally,many states and localities prohibit discrimination on the basis of marital status in housing and employment.4 Laws prohibiting discrimination do not, of course, override state statutes which prohibit same sex marriage. Thus, while protected from discrimination in some states, gay couples are unable to achieve by marriage both the symbolic recognition afforded to heterosexual couples and the more tangible benefits, including favored immigration status,jail and hospital visitation rights, reduced cost club memberships, ability to file joint tax returns, exemption from gift taxes, estate tax deductions, extension of health benefits, right to sue for loss of consortium or wrongful death, privilege not to testify against the other, ability to own property as tenants in entirety, intestate succession, and entitlement to Social Security benefits.5 Attempts to win rights associated with marital status through litigation have been attempted, but at least one commentator has pointed out the inadequacies of litigation in this respect.6 In some instances, gay couples have attempted to use other legal tools, such as adoption, in an effort to establish "familial rights".7 It is in the context of this legal structure that municipalities and private employers have begun to increasingly recognize domestic partnerships. Interestingly, no municipal recognition seems to predate 1985. One major caveat- it is difficult to speak with absolute certainty regarding the status and provisions of municipal ordinances and executive orders because they are not readily accessible for research purposes. I have therefore relied almost exclusively on secondary sources in describing the provisions of municipal ordinances and executive orders.8 II. Municipal action permitting members of the general public to register as a domestic partnership. As has been stated above, some municipalities permit unmarried couples to register as domestic partners. For same sex couples, this permits a public declaration of status and recognition of status that is otherwise unavailable because they are not permitted to marry. The right of registration is permitted to the general public (as opposed to being confined, for example, to the municipality's employees). The fact of registration will usually confer no benefit other than the public declaration and recognition of the partnership. However, in a few instances registration confers specific privileges, such as recognition for purposes of hospital visitation.9 The executive order signed by Mayor Dinkins in New ork City provides for hospital and jail visitation rights and provides further that registration shall be considered evidence in determining whether ---------------=--------------END PAGE 92--------------------------------- a person qualifies as a family member entitled to occupancy rights in property owned by the New ork City Housing Authority and for succession and occupancy rights in property supervised by or under the jurisdiction of the New ork City Department of Housing Preservation and Development. Registration under a general registration provision may also serve as proof of domestic partnership for other purposes - e.g., health benefits extended by employers. The Report of the Lambda Legal Defense and Education Fund lists, as of November 1993, the following cities as permitting general registration, along with the dates when registration provisions were adopted: Berkeley, CA. (Oct. 1991) Sacramento, CA. (Oct. 1992) San Francisco, CA. (Nov. 1990) West Hollywood, CA. (Feb. 1985) Atlanta, GA. (June 1993)10 Cambridge, MA. (Sept. 1992) Ann Arbor, MI. (Nov. 1991) Minneapolis, MN. (Jan. 1991) Ithaca, N . (Aug. 1990) file:C:\WINDOWS\TEMP\becker.html 12/10/98' __ .. ............ ......... ......... ......... ......... ......... ......... ......... ......... ......_.....__._. _. ......... ......... ......... ......... . ........ ......... _ ............ The National Journal of Sexual Orientation Law Page 3 of 12 , - New ork, N . (exec. order Jan. 1993)Madison, WI. (Aug. 1988) Additionally, published news reports indicate that in 1993, Hartford, Connecticut and New Orleans, Louisiana, have adopted general registration provisions. Registration provisions that are open to the general public do not seem to be limited to same sex couples. Thus, even though heterosexual couples are free to marry, if they opt not to marry they are still free to avail themselves of the registration provisions. I am not aware of any recent empirical data concerning whether same sex couples are the chief users of general registration provisions.I l (One possibility is that where a municipality provides health care benefits for the registered domestic partner of a municipal employee,more heterosexual couples than same sex couples will register, but that where the chief benefit available is only a registration of status, more same sex couples than heterosexual couples will register.) General domestic partnership registration provisions impose various eligibility requirements in order to register. Interestingly, these conditions often mirror the requirements to enter into marriage. Thus, it is very common to require that the parties be at least 18 years old, that each be mentally competent, that the parties not be related by blood ties closer than would bar marriage in the state, and that neither of the parties have an existing marriage or domestic partnership. Some may require that any prior domestic partnership have been terminated for a minimum period of time (for example, Ann Arbor requires 3 months, San Francisco and New ork City require 6 months). -------------------------------END PAGE 93--------------------------------- Ordinances may also contain additional requirements designed to insure that domestic partners have the kind of familial status associated with marriage. Thus, parties are often required to reside together. They are often required to declare that they have a committed relationship.12 They also may be required to assume an obligation for the basic living expenses of the other partner.13 In keeping with the marriage analogy, formalities may be required in order to register; for example, Ann Arbor requires two witnesses and the Declaration must be notarized. Other municipalities similarly require statements under oath regarding the qualifications of the partners. The registration of the domestic partnership may or may not become part of the public records. For example, in Ann Arbor and San Francisco, the partners may either ask the clerk to file the form or they may simply retain a copy_ofthe completed Declaration in their private possession to be presented on an as needed basis. Some cities, such as Minneapolis and San Francisco, limit the right of registration to couples where at least one partner lives or works in the city. Others, such as Berkeley and West,Hollywood, allow non-residents to register. Just as domestic partnerships can be created, they can also be terminated.14 Municipalities generally permit domestic partnerships to be terminated at any time by the unilateral act of one of the partners. (If the marriage analogy is pursued here, such a power of termination results in "divorce on demand".)Usually the statement of termination must be filed and/or notice must be given to the other domestic partner. Domestic partnerships also terminate, of course, upon the death of one of the partners. III. Provisions conferring benefits upon the domestic partners of municipal employees. Some municipalities recognize domestic partnerships in order to permit the domestic partners to obtain benefits which are given to married employees. The most common benefits conferred are usually health care benefits (for example, coverage of the domestic partner in employer sponsored insurance plans)or sick leave and bereavement leave (i.e., paid leave time to care for a sick domestic partner or to attend the funeral of a deceased domestic partner). Note that if health care reform takes the form of universal coverage for each person, as proposed by President Clinton, such reform may file:C:\WINDOWS\TEMP\becker.html 12/10/98 The National Journal of Sexual Orientation Law Page 4 of 12 Wz? ` eliminate the need for recognition of domestic partnerships for purposes of health care benefits. On the other hand, if health care reform is keyed to covered employees, then recognition of domestic partnerships will remain important. The Report of the Lambda Legal Defense and Education Fund lists, as of November 1993, the following as conferring health benefits: Berkeley, CA. -------------------------------END PAGE 94--------------------------------- Laguna Beach, CA. San Francisco, CA. Santa Cruz, CA. West Hollywood, CA. Cambridge, MA. Ann Arbor, MI. East Lansing, MI. Minneapolis, MN. New ark, N (pursuant to settlement stipulation in lawsuit). Burlington SIT. Seattle, WA. The Lamdbda Fund report lists the following as extending sick leave and bereavement leave: Berkeley, CA. Los Angeles, CA. Santa Cruz, CA. West Hollywood CA. West Palm Beach, FL (bereavement leave only). Takoma Park, MD. Ithaca, N . New ark, N (bereavement leave only). Seattle, WA. Madison, WI: Ordinances that confer health care benefits or sick leave and bereavement leave may require registration or designation of the domestic partners. Where a municipality permits members of the general public to register as domestic partners if they meet prescribed qualifications, as discussed above, the municipality may require that employees who wish to register as a domestic partnership meet the same or similar qualifications. In any event, the qualifications necessary to register as domestic partners for the purpose of qualifying for employment related benefits are often similar to the qualifications discussed above for general registration. For example,to obtain coverage in the city of Laguna Beach, California, the partners must have filed an affidavit that they have lived together at least six months, are not related by blood, are mentally competent, and are responsible for their common welfare. West Palm Beach extends bereavement leave in the case of a domestic partner, defined as a person with whom the employee shares a residence, within the context of a committed relationship. Seattle requires that the employee submit an affidavit stating that: the domestic partners share a residence, have a close personal relationship, have agreed to be jointly responsible for the basic living expenses incurred during the domestic partnership, are unmarried, are at least 18, are unrelated by blood closer than would bar marriage, are mentally competent, are each other's sole domestic partner, and are responsible for each other's common welfare. The affidavit must also state that any prior domestic partnership has been terminated for at least 90 days. In some instances, no registration procedure may exist.15 file:C:\WINDOWS\TEMP\becker.html 1.2/10/98' __..._. ......... ......... ......... ......... ......... ......... ......... ......... .............. .... . ... ......... .......__ ........... ......... ......... ......._. ._....... ......... ......... ......... ......... ......... ......... ......_....._......._. 'the National Journal of Sexual Orientation Law Page 5 of 12 Although municipalities have taken the lead in the -------------------------------END PAGE 95--------------------------------- recognition of domestic partnerships, occasionally benefits have been conferred;'upon domestic partnerships by other governmental entities. Thus, Ohio,permits state employees sick and bereavement leave to carefor a"significant other", defined as "one who stands in place of the spouse" with no other objective criteria.16 Moreover, it has been reported that the governor of Massachusetts, in September, 1992, issued an executive order granting sick and;bereavement leave and hospital visitation rights to state employees who register their domestic partnership with the state. IV. Recognition of Domestic Partnerships by Private Employers. Increasingly,private employers are extending recognition to the domestic partnerships of employees. The Lambda Fund Report identifies the following employers as offering domestic partnership benefits (unfortunately, the list does not detail precisely which benefits - health care, sick leave, bereavement leave, or others - are offered by which employer): ACLU/San Francisco Albert Einstein College of Medicine/Montefiore Medical Center,Bronx, N American Friends Service Committee, Philadelphia Amer. Psychology Assoc.,Washington, DC Apple Computer Co., CA Borland International, Scotts Valley, CA Lambda Legal Defense Fund, N C Levi Strauss Co., San Francisco, CA Lotus Development Corp., Cambridge,MA MCA, Inc., Los Angeles, CA Millbank, Tweed, Hadley McCloy,N C National Organization for Women, Washington, DC Orrick, Hennington Sutcliffe, San Francisco, CA Pitzer College, Claremont, CA Santa Cruz Metro. County Transit, CA Seattle Mental Health Institute, WA Stanford University, Palo Alto, CA The Village Voice, N C University of Chicago, IL Published reports have listed the following employers,as also offering domestic partnership benefits: Ben Jerry's, Inc. Beth Israel Medical Center Consumers United Insurance Co. Garfinkel's Dept. Stores Home Box Office Kaiser Health Care, North East Region Microsoft Corp. Minnesota Communications Group (St. Paul) Silicon Graphics Inc. Viacom Walker Arts Center The topic of extension of benefits to domestic partners by -------------------------------END PAGE 96--------------------------------- file:C:\WINDOWS\TEMP\becker.html 12/14/98 The National Journal of Sexual Orientation Law Page 6 of 12 . private employers seems to be an increasingly hot one. Newspaper reports published within the week' that this article is being finalized report that Apple Computer has extended health care benefits to domestic partners, that the University of Pennsylvania will be extending such benefits in May, 1994, and that Xerox Corporation has decided against such coverage. Private employers which extend benefits to domestic partners may require advance registration and impose eligibility requirements similar to municipal requirements for general registration. Thus,the Lambda Fund Report states: , (i). Albert Einstein College of Medicine, Montefiore Medical Center, requires that the couple reside together, share financial responsibility for each other and file a sworn statement that they are each other's sole partner, (ii). Levi Strauss requires that domestic partners consider themselves life partners, reside at the same address, be financially interdependent and have joint responsibility for each other's welfare; and (iii). Lotus Development Corp. requires that the parties reside together and be responsible for each other's welfare and that an affidavit be signed attesting that the parties are spousal equivalents and intend to remain so indefinitely. Lotus also requires that if the parties break up, the employee must wait one year before registering another partner. This waiting period is longer than that required by any municipality. Interestingly, some of the private employers make a distinction between heterosexual and same sex couples, making the benefits available only to same sex couples. The obvious rationale for such a distinction is that heterosexual couples have the option of legal marriage, whereas same sex couples do not have that option. For example, the Lambda Fund Report identifies Albert Einstein College of Medicine, Montefiore Medical Center, and Lotus Development as employers who make domestic partnership benefits available only to same sex couples. A published newspaper story indicates that Apple Computer extended benefits only to lesbian and gay partners. In this connection, a subcommittee at Stanford University charged with the task of recommending a policy regarding extending benefits to domestic partners concluded that benefits should be extended to both heterosexual and same sex couples, but that if costs militated against covering both groups, benefits be extended only to gay couples because of a stronger equitable claim. In deciding whether or not to extend recognition, private employers face some considerations that are similar to those which face governmental entities, as well as some considerations which are quite different. Private employers are not subject to the same political pressures as governmental entities. However, some private companies might face an attack from religious and other]groups opposed to the recognition of same sex partnerships. Likewise, some private employers might be concerned about the -------------------------------END PAGE 97--------------------------------- reaction of customers or other relevant groups (for example, in the context of a university the Stanford subcommittee considered potential costs in alumni/ae relations). Both private employers and governmental entities will be concerned with cost (which subject is discussed infra, in the Policy Analysis) and with the concerns expressed and pressures exerted by employee groups. Concerns expressed by organized groups of gay employees will probably be the most likely to have an impact. For example,recent published news stories have indicated that Apple Computer's gay and lesbian employee group, Apple Lambda, played a key role in a long term successful campaign to gain health care benefits, and that Xerox's "gay and lesbian caucus" played a significant but unsuccessful role in a similar attempt. In New ork City, a suit brought in part by the Lesbian and Gay Teachers Association resulted in a settlement extending health care benefits to gay, lesbian, and unmarried heterosexual domestic partners. V. Policy Analysis. file:C:1WINDOWSITEMPIbecker.html 12/10/98 .f� 'The National Journal of Sexual Orientation Law Page 7 of 12 J- A. Pro. Recognition of domestic partnerships contributes to stability in domestic relations by encouraging gay couples who are not able to marry and heterosexual couples who are not married to enter into a marriage-like relationshipand form family units with established rights and responsibilities. Moreover, the extension of health care benefits, sick leave, and bereavement leave to domestic partners of municipal and other employees remedies what is otherwise an inequitable situation, especially where same sex couples are involved. Employers who extend health care benefits to an employee with a married partner but who do not extend such benefits to an employee with a domestic partner are arguably inequitably undercompensating the employee with a domestic partner. (The employer certainly has the option of denying benefits based on spousal or domestic partnership status, but all benefits should be equitably distributed.) The critical importance of health care and the human dimensions of sick and bereavement leave underscore the desirability of treating an employee with a domestic partner the same as an employee with a marital partner. B. Con.17 One argument against any recognition of domestic partnerships is that such recognition undermines support for the nuclear family and the institution of marriage. Conservative religious groups are the most likely to make such an objection. Such an argument seems more likely to be made when a municipality - as opposed to a private employer- is asked to recognize domestic partnerships, and especially when the municipality is being asked to permit members of the general public to register as domestic partners.18 The chief argument against the extension of health care benefits, and to a lesser extent sick leave and bereavement leave, is that such extension engenders higher costs. These -------------------------------END PAGE 98--------------------------------- fears, however, may well be unfounded on the basis of the experience to date: (i). A spokesman for New ork City was quoted in a New ork Times article in late December, 1993, as stating that the experience of other cities which provided health benefits to domestic partners was that insurance fees for the additional coverage amount to less than 2 percent of total health insurance costs. (ii). Home Box Office was quoted in a Wali Street Journal article in January, 1994, as stating that in its experience, covering gay partners costs 83%what heterosexual partners cost, because of no pregnancy costs. (iii). A story in the Boston Globe, dated October 12, 1993, states that Seattle had found that domestic partners had lower overall claims costs and fewer medical visits than married employees and their spouses, and that although the city's insurers had initially charged extra premiums, they found that the surcharge was unnecessary. (The Boston Globe story states that nearly 5%of Seattle's 10,000 eligible employees have signed up. An earlier report, in the Lambda Fund Report, stated that as of April, 1991, there were 412 affidavits of domestic partnership on file with 125 (30%)identified as same sex couples.) (iv). Berkeley and Santa Cruz found that adding domestic partnerships was roughly equivalent to adding a like number of spouses.18 In Berkeley, insurance carriers initially enacted a surcharge to cover the cost of insuring domestic partners but due to positive experience abandoned it.20 (iv). When West Hollywood self insured health benefits, it found that the increased costs were negligible, that claims ran lower than for married couples, and there was an actual positive effect because of the additional numbers of persons paying premiums. However the numbers involved were very small only 6 domestic partnerships were registered.21 file:C:\WINDOWS\TEMP\becker.html 12/10/98' ­­­­......I....................................................I................................I.................. . . ........................................................................................................................................................................................................ ..................................................................... The National Journal of Sexual Orientation Law Page 8 of 12 There are very few published counter indications of cost.22 Of course, even if costs are a factor, they are only a factor. As the Stanford subcommittee concluded, the stronger the argument for extending benefits on fairness terms,the heavier the burden to show that practical considerations outweigh it. The subcommittee also noted that at least with gays and lesbians, the fairness arguments for extending benefits are very strong. It must be noted that even if cost is not a major problem, the fear of cost may be a problem in that such fear makes insurance companies hesitant about entering into coverage contracts with employers. A published story in the Boston Globe, dated October 12, 1993, quotes consultants as stating that insurance companies are the biggest barrier to wider access to domestic partnership benefits. Insurance companies that do not cover domestic partnerships state that they lack the actuarial data needed to determine whether partners' families will have higher orj lower claims than families of married couples, and that -------------------------------END PAGE 99--------------------------------- it is therefore difficult to set premiums. The Boston Globe story states that Aetna will administer plans but does not underwrite policies, that John Hancock and Prudential will administer self-insured plans and decide on a case by case basis whether to insure domestic partners, and that ITT Hartford does not insure domestic partners. A consultant quoted in the article states that of 22 insurers surveyed in 1992, only one offers a standard policy to all customers. Another objection to the extension of benefits is the asserted potential for fraud and abuse - the concern that employees will attempt to exploit the system by enrolling sick friends or relatives. However, if advance registration is a requisite for coverage, then the necessity of meeting all requirements necessary to qualify as domestic partners seem sufficient to prevent fraud (i.e., residence together, for specific time periods, financial interdependence, public affirmation of emotional commitment). Moreover, fear of reprisals or dismissal from employment are a hindering effect. Even more importantly, limits on pre-existing conditions under most insurance plans also inhibit fraudulent enrollment because enrollment may therefore be of limited value. Tort actions for damages caused by fraud are also a possibility. Santa Cruz provides that anyone injured because of a false statement in an Affidavit of Domestic Partnership may sue to recover losses as well as reasonable attorney's fees.23 Another disadvantage - or at least an additional cost as the result of benefit extension - may result from federal tax law. In response to a request from Seattle, the IRS concluded that "nonspouse cohabitants" (domestic partners who are not legal spouses)who do not receive more than 50% of their support from the employee do not qualify as "dependents" under 152 of the Internal Revenue Code. Therefore, benefits extended to such persons may be included as taxable income to the employee because they are not excludable from the employee's gross income. Moreover, the non exempt benefits may be taxed at "fair market value" - i.e., what the domestic partner would have had to pay for those benefits in an arm length's transaction.24 Given the high cost of health care, this could be a significant amount of calculable income on which the employee has taxable liability. VI. Legal Ramifications. It would seem that where, pursuant to registration requirements, the domestic partners have agreed to be jointly responsible for the basic living expenses of each other, an enforceable contract arises. The precise extent of the contractual agreement may, however, vary in accordance with the precise declaration required by the municipal registration ordinance. For example, in San Francisco and Seattle, the term "basic living expenses" is defined as meaning the costs of basic food and shelter and expenses which are paid at least in part by a program or benefit for which the partner qualified because of the domestic partnership (interestingly enough, medical expenses seem excluded). -------------------------------END PAGE 104--------------------------------- file: 00--------------------------------- file:C:\WINDOWS\TEMP\becker.html 12/10/98 . . .............. ....... ....._... ......... ....._.......... . ......... ..........._. ......... ......... ......... ........ ......... ......... ......... ......... ......... ......... .............. _.. ......... ......... ......... ......... . ........ ......... Tlie National Journal of Sexual Orientation Law Page 9 of 12 The existence of a domestic partnership between two people and/or a specific agreement to be responsible for the basic living expenses of each other may create not only an express contract but may also be the basis for asserting other equitable claims by one of the partners(for example, an implied contract claim). Even if there is no specific agreement to be jointly responsible for expenses, a statement that the parties share each others'living expenses or that they are financially interdependent may be the basis for either equitable claims or perhaps even an express contract claim. Only time will tell,however. Similarly, a claim may be made that creditors are able to enforce an agreement between domestic partners to be responsible far each other's expenses. San Francisco specifically requires that the parties agree that their agreement to be jointly responsible for basic living expenses can be enforced by anyone to whom those expenses are owed. Where a domestic partnership terminates as the result of the voluntary act of one of the parties, the chief legal concern would seem to be the giving of notice to affected parties. Thus, an ordinance or an employer should provide that notice be given to the other partner. Notice should also be given to third parties who may have relied upon the existence of the partnership. Thus, if the registration was on the public record, then the termination should be also. San Francisco provides that when a domestic partnership ends, a domestic partner who has given a copy of the Declaration of Domestic Partnership to a third party must give that party a notice signed under penalty ofperjury stating that the partnership has ended. San Francisco further provides that in the event of a failure to give such notice(and also in the event of a failure to give the required notice to the other partner), anyone who suffers a loss may sue to recover actual damages. The recognition of domestic partnerships also can have a broad societal and legal impact by establishing the legitimacy and acceptability of same sex relationships. Gay activists have been increasingly attempting to achieve various types of rights for a gay family unit.25 Increasing recognition of gay and lesbian domestic partnerships, and, in particular, the increasing adoption of municipal ordinances which permit members of the general public to register their status as domestic partners can only buttress such an argument. Selected Bibliography Berger, Domestic Partner Initiatives,40 DePaul L.Rev. 417 (1991). Bowman and Cornish,Note, A More Perfect Union: A Legal and Social Analysis of Domestic Partnership Ordinances, 92 Colum. L.Rev. 1164 (1992). Eblin, Note, Domestic Partnership Recognition in the Workplace: Equitable Employee Benefits for Gay Couples (and Others), 51 Ohio St. L.J. 1467 (1990). -------------------------------END PAGE 141--------------------------------- Hunter, Homosexuals as a New Class of Domestic Violence Subjects Under the New Jersey Prevention of Domestic Violence Act of 1991, 31 U. Louisville J. Fam. L. 557 (1992). The chief value of this article for purposes of domestic partnership is in Appendix III, which contains some empirical data regarding actual registrations. Lambda Legal Defense and Education Fund, Recognition of Domestic Partnerships, Post, The Question of Family: Lesbians and Gay Men Reflecting a Redefined Society, 19 Fordham Urb. L.J. 747 (1992). Treuthart,Adopting a More Realistic Definition of Family, 26 Gonz. L. Rev. 91 (1990-91). ENDNOTES 1.This article was originally prepared for presentation at the Spring Meeting, 1994, of the Family file:C:\WINDOWS\TEMP\becker.html 12/10/98' ANO I.EGAUTY -94 1NTR00UC9=BY COUNGIL.MKMOR Gi'rr,Artotta�t#Cr ell AN ORDINANCE AMENI)ING ORDINANCE NUMBER 9336 C.M.S. (MASTER FEE SCHEDULE),AS AMENDED TO MODIFY AND ESTABLISH FEES ASSESSED BY THE CITY CLERK. WHEREAS, the City of Oakland periodically updates its Master Fee Schedule to account for general cost of living increases and program changes or other costs; and WHEREAS, the fee additions proposed herein have been justified by the Office of the City Cleric and are identified in an "Agenda Report" dated October 1, 1936 to Craig G. Kocian, City Manager, entitled "An Ordinance Amending Ordinance Number 9336 C.M.S. Master Fee Schedule) as amended, to Modify and Establish Fees Assessed by the Office of the City Clerk of the City of Oakland for Domestic Partnership registration"; and WHEREAS, the City Council directed the City Manager to develop and implement a Domestic Partnership registration policy in Resolution No. 72752 C.M.S. on June 25, 1996, "A. Resolution Supporting the Human Relations Commission's Resolution Urging the City Council Support for City of Oakland City-Wide Registration for Domestic Partners" ; and WHEREAS, the City Council finds and determines that the herein referenced modifications and additions are necessary to reimburse the City for the-.-gsts of registering, ternninating, and solemnizing Domestic Partnerships in the City of Oakland; NOW, THEREFORE, the Council of the City of Oakland does hereby ordain as follows. Section 1. The Master Fee Schedule as set forth in Ordinance Number 9336 C.M.S., as amended, is hereby amended to modify and establish fees assessed by the City Clerk as set forth in Exhibit A, attached hereto and made a part hereof. Section 2. This ordinance shall be effective upon approval by the Council of the City of y. Oakland h*06 ./l 3G� --• tt/ 1 `l 1N COUNCIL, OAKLAND,-CAUFORNlA. QCT � � �99fi , is passEg at'_THE FOLLOWING vrn'E and PRESiQEi�T AYES'-�"SAYTON, DE LA FUE1 TFt JORDAN, MILEY, SPEEE, HARRIS NOES-- /Jew, ASSENT- �J&TL,0— ABSTENTION— ATTEST! vVio-&— CERA FLOYD C4 Clerk and Clerk of the Councd eaa�zaa� of the City of{ wand.Caftmia e 44.40(7,10) ......_ .... .... .... .... .... .... .. ..... ..... ..... .... ..... ..... ..... ...... ..... • EY"HI]3IT A► E '!► fl FEE Domestic Partnership Registration a. 'Registration $35.00 Per Couple b. Solemnization Ceremony $34.00 Per Couple c. Termination of Registration 1. Both Partners Present $5.00 2. One Partner Present $10.00 A a n �-- . , o �: R t7 iS Ll Gy ' Q I office of the Citi*Clerk Domestic Partnership Registration One Frank Ogawa Plaza,2nd Floor(City Hall) Oakland,CA 94612 (510)238-7979 Fax:(510)238-6699 CITY OF OAKLAND 0 d - aca & C �-A . zi � G (`� }r • OWH— CD }-+ • 1 00 r . —a 6L1 O b b t}s n C7 Ll b O f0 b b" tS t�ry � y [� � �p 79 Q' } N /d d "�7-i' Ong cl 09 0 tTj 0,4 102 W tit ry tip L7 �*V CL cl b n7aCD n �.y co a bti QQ ° c`d o . 4 ��1 sr LOA -9 -.,04 . c ,' - ''ty via n � � � . E; _ 0, tZLAND CITY COUNk. L 'ly'94< RESOLUTION No.- 727'52 C. M. S. INTRODUCED SY COUNCILMEMSER A RESOLUTION SUPPORTING THE ERMA.N RELATIONS COMMISSION'S RESOLUTION URGING CITY COUNCIL SUPPORT FOR CITY OF OAKLAND CITY-'WIDE REGISTRATION FOR DOMESTIC PARTNERS WHEREAS, the City of Oakland Ordinance 14427 C.M.S. states that it is the policy of the City of Oakland to ensure that no individual within the City is subject to discrimination as a result of her or his sexual orientation; and WHEREAS, an official domestic partner registration is the only means for couples whose sexual orientation is homosexual and who consider themselves to be married to enter into an official cohabitation status which may allow them to obtain benefits otherwise available to legally married couples;and WHEREAS, it is the policy of the City of Oakland, as stated in Administrative Instruction No. 559, to provide a domestic partnership registration for City employees, which allows the City to provide benefits otherwise available to married couples to domestic partners, defined as two cohabiting, unmarried and unrelated people, regardless of gender, who, being over 18 years of age,'have resided together for at least six (6) months prior to the filing of a Declaration of Domestic Partnership form, and who share responsibility for the common living.ecpenses of food, shelter, and medical care, and WHEREAS, the above referenced domestic partner registration is only available for employees of the;City of Oakland; and WHEREAS, a domestic partner registration available for all residents of the City of Oakland could assist other homosexual residents of the City in obtaining benefits from their jobs, their insurance companies, etc., which are otherwise only available to legally married couples; NOW, THEREFORE, BE IT RESOLVED, that the City Council supports the Human .Relations Commission's 'resolution to adopt and implement a policy providing domestic partner registration for residents of Oakland who meet the criteria for Domestic Partner status as outlined in Administrative Instruction No. 559; and 8� SZ A nio 79522-1 uG0.245 i-8$ .................I............................................................................................................................................................................. . ...................................................... BE IT FUXTBER.RESOLVED, that the City Council requea the City Manager and staff to review the guidelines set forth in Administrative Ins uction No. 559 to assure they are appropriate for a city-wide domestic partner registration, and to deteffnine reasonable and appropriate frees for such a City service. Cn C- 0 it ch > Cn Cn co IN COUNCIL, OAKLAND, CALIFORNIA,JUN 5 V96 40 PASSED BY THE FOLLOWING VOTE: AYES- BAYTON,CHANG, DE LA FUENTE,JORDAN, JILEY. RUSSO, SPEES,WOODS-JONES, and PRESIDENT HARRIS— NOES- NONE. ASSENT. t4ONtf ABSTENTION- ATTEST:, - ------- CEDA FLOYD City Clerk and Clerk of the Council of the City of Oakland,California 79522-1 ....................... .......''I''..,........ I'll,...........I...I.............................................................-...... ................ ............................................................................................................................................................................................. CLAND CITY COUN !L C. M. s., 7277) FILEQ50LILITION No 0,k-NLAHD 96 JUN 25 PM 5: 55 A RESOLUTION SUPPORTING THE ERMAN RELATIONS COMMSION"S RESOLUTION URGING CITY COUNCIL SUPPORT FOR HEALTH BENEFITS FOR DOMESTIC PARTNERS WHEREAS, City of Oakland Ordinance No. 10427 C.M.S. states that it is the policy of the City of Oakland to ensure that no individual within the City is subject to discrimination as a result of her or his sexual orientation; and WHEREAS, it is the policy of the City of Oakland, as stated in Administrative Instruction 559, to provide certain City employee benefits otherwise available to married couples to domestic partners, definedas two cohabiting, unmarried and unrelated people, regardless of gender, who being over 19 hears of age,, have resided together for at least six (6) months prior to the filing of a Declaration of Domestic Partnership form, and who share responsibility of the common living expenses of food, shelter, and medical care; and WHEREAS, this policy provides the only opportunity,for City employees of homosexual orientation who consider themselves to be married to be provided with the benefits afforded to married heterosexual employees; and WHEREAS, the benefits provided under this policy include family sick leave, vision and dental benefits, but no health benefits; and WHEREAS, the Human Relations Commission has found no policy adopted by,the City of Oakland, and can see no ethical grounds which justify providing domestic partners with the benefits of heterosexual married couples for the purposes of family leave, vision and dental benefits, but not for the purposes of health benefits, NOW, THEREFORE,BE IT RESOLVED, that the City Council supports the Human Relations Commission's resolution strongly urging the City Council to adopt and implement a policy providing health benefits to the qualified domestic partners of City employees who have complied with the registration and other requirements of the City of Oakland, Administrative Instruction 559. IN COUNCIL, OAKLAND, CALIFORNIA, #INP 19 PASSED BY THE FOLLOWING VOTE: AYES- BAYTON, CHANG, DE LA FUENTE,JORDAN, MILEY, RUSSO, SPEES,WOODS-JONES, and PRESIDENT HARRIS - C1 NOES-C)- PON'f- ABSENT-()-NJ OOJ'! ABSTENTION- PQ 0 VIJ C- ATTEST. 79508-1 CEDA FLOYD City Clerk and Clerk of the Council of the City of Oakland, California ... ................. ........................................................................................I..................11....... ••--�—�.,.._._. _ _. Neix.txhnt�w,(itxriA tdi+ar .H+r A..nlr,Tnpia 1:dilnr :1RY•929J USINt$$ auk Oe �� binrin Indcpeoodcnt.toufnAl.'17wneiiy,June tit,1lllti � .ser s+oc.s A. Domestic partners can make it 1 ( What the conditions are t County rules require domestic partners to sign statements that they have not had other domestic partners in the previous Registration ordinance six months.This condition does not apply in effect tomorrow if a partner died. To be eligible,one of the domestic part- 13y Patti Peterzell ners must work"substantially full time in Adarin"or both must live in the county. independent Journal reparter An information sheet issued by Han. son's office points out that a domestic Domestic partners in Marin may regis• partnership is not the same as s marriage. ter their relationships under a new coomy For example,it notes, "unless you have a ordinance that goes into effect tomorrow. will,your partner will not get your proper- ty if you die." A regtst.ered partnership While the ordinance allows any unman• also does not assure that one partner has Tied adults regardless of gender to register, the legal right to take care or the other in it is expected to be used largely by gay and event of illness. lesbian couples. Domestic partner registrations are pub. Vehement sentiments an both sides of lic documents available for viewing by the issue--- invoking God,AIDS.moral- anyone. ity and human rights—were heard when The clerk's office,in Room 297 of the the Board of Supervisors field a hearing Hall of Justice at the Civic Center in San on it last month.Opponents looked into Rafael, is open weekdays from<9 a.m. to organizing a ballot referendum to over. noon and 1 to 4 p.m.Both partners must turn the ordinance,but took no act i:un. be present to register. "I've had about a dozen phone calls over the past two weeks," said Cene What hat Certificat} e says W ormser, the deputy county clerk who t l handles marriages and now also will han• about relationship the the registrations."They want to know when it starts and what they need to bring."he said. independent Journal report Nere have been nn negative calls,'. Wornnser said. Couples who register their relation• ships will receive a certificate that says: Registration COStS "We the undersigned, do declare that His boss,County Clerk Howard Hall- neither ofusismarried,not are werelated son,cited figures in other counties that to each other in a way which would bar have similar ordinances to predict Marin marriage in California-, we art both IS will have about 100 registrations a year, years or age or older,we reside together and share basic living expenses'neither is For$39,couples will receive an ul'icial• acting under fraud or duress'and both are looking registration on heavy paper with competent to contract;we are sole domes- agold emblem imprinted with ilia county tic partner of each other slid have not seal. other domestic partners;we agree to no. Anticipating a rush business at tonuor• tiny the county of any change in the status row's opening,tiWurmser said,"We're.go• of our domestic partnership agreement." ing to be here early.Don't park in a two- hour zone.it may take longer,"he said. "All ofus are looking forward to it,to be of service,"Wormser added. Mornings generally are less busy than aftern+uns,he added.The worst time to show up is a Friday aftern+xou.when the office often is jammed with couples get- ling married the following Saturday or Sunday,he said. The certificates declare that their sig- naoors are unmarried. unrelated adults, live together and share basic Living ex- lneusors. 'l. Definitions: "Live too-other" means that the two of you share a place to live. You don't both have to be on the rental agreement or deed. It is okay if one or both of you has a separate place somewhere else. Even if one of you leaves the place you share, you still lure together as long as the one who left intends to return. "Basic livina expenses" includes costs for food, shelter, and medical expenses. You don't have to split basic expenses to be domestic partners. You just have to agree to provide these things for your partner if he or she can't provide for him or herself. 2. Address: Each of you must fill in your mailing address here: Name Address City, State and Zip Code Name Address City, State and Zip Code 3. The Last Step: To finish setting up a domestic partnership, you must EITHER: (1) File this form, in person, with the Marin County Clerk; or (2) Sign this form in front of a Notary public and have the Notary fill in the notarization at the bottom of this page. You must then file this form with the Merin County Clerk. To be able to file this form with the County Clerk, one of you must work substantially full- time in Marin or both of you live together in Marin (see explanation below). [ ] Check here to state that one of you works substantially full-time in Marin. [ j Check here to state that you live together in Marin. 4. Notarization: STATE OF CALIFORNIA ) )SS COUNTY OF ) On this day of 19,l,_,, before me, , a Notary Public in and for said County and State, residing therein, duty commissioned and sworn, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same In their authorized capacity, and that by their signature on the instrumentthey, or the entity upon behalf of which they acted, executed the Instrument. WITNESS my hand and official seal. Notary Public in and for said County and State My commission expires: After notarization, you must file the form with the Marin County Clerk DECLARATION OF DOMESTIC PARTNERSHIP CERTIFICATE NO. ; (For Official Use Only) X MAR'IN COUNTY COUNTY CF 1441*?'� DECLARATION OF DOMESTIC PARTNERSHIP We declare under penalty of perjury: 1 . We live together (see definition on the other side of this page); 2. We agree to be responsible for each other's basic living expenses (see definition on the other side of this page) during our domestic partnership; 3. We are both eighteen years of age or older; 4. Neither of us is married; 5. Neither of us is related to the other as a parent, brother or sister, half brother or sister, niece, nephew, aunt, uncle, grandparent or grandchild; 6. Neither of us has a different domestic partner now; 7. Neither of us has had a different domestic partner in the last six months (this last condition does not apply if you had a partner who died; if you did, cross this out). We declare under penalty of perjury under the laws of the State of California that the statements above are true and correct. Signed on ' 19 in Signature Print Name Signed on , 19 in Signature Print Name YOU MUST ALSO FILL OUT THE OTHER SIDE OF THIS FORM DECLARATION OF DOMESTIC PARTNERSHIP ORDINANCE No. 3140 AN ORDINANCE OF THE COUNTY OF HARIN ADDING CHAPTER 8. 62 TO THE KARIN COUNTY CODE TO ESTABLISH RECOGNITION OF DOMESTIC PARTNERSHIPS THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Chapter 8 . 62 is added to the Marin County Code to read: CHAPTER 8. 62 RECOGNITION OF DOMESTIC PARTNERSHIPS 8. 62.010 Purpose 8. 62. 020 Definitions 8. 62. 030 Establishing a Domestic Partnership 8. 62. 040 Ending Domestic Partnerships 8. 62 . 050 county Clerk's Records 8. 62 . 060 Legal Effect of Declaration of Domestic Partnership 8 .62 .070 visitation in Health Care Facilities 8. 62 . 010 Purpose. The purpose of this chapter is to recognize committed relationships, including those. o.f lesbians; and gay men who wish to identify the partners with whom they sharetheir lives. 8. 62 . 020 Definitions. For the purpose of this chapter, the following definitions shall apply: (1) "Domestic Partnership." The requirements to be domestic partners are: (a) the individuals must live together, (b) the individuals must agree to be jointly responsible for each other's basic living expenses during the Domestic Partnership, (c) neither person may be married or a member of another domestic partnership, (d) they must not be related in a way which would prevent them from being married to each other, (e) both must be over 18 years of age, . • 1 (f) they must sign a Declaration of Domestic Partnership and establish the partnership under Section 8 . 62.030. (2) "Live Together." "Live together" means that two people share the same living quarters. It is not necessary that the legal right to possess the quarters be in both of their names. Two people may live together even if one or both have additional living quarters. Domestic Partners do not cease to live together if one leaves the shared quarters temporarily. (3) "Joint Responsibility for Basic Living Expenses." "Joint Responsibility" means that each partner agrees to provide for the other partner 's basic living expenses if the partner is unable to provide for himself or herself. (4) "Declaration of Domestic Partnership. " A "Declara- tion of Domestic Partnership" is a form which shall be provided by the County Clerk. By signing it, two people declare, under penalty of perjury, that they have agreed to be jointly responsible for basic living expenses during the domestic partnership. They also declare that they met the other parts of the definition of domestic partnership when they signed the statement. The form will require each partner to provide a mailing address. 8 . 62. 030 Establishing a Domestic Partnership. A Domestic Partnership shall be established by (a) executing a Declaration of Domestic Partnership in the presence of the County Clerk, who will file it and give the partners a certificate attesting that the Declaration was filed; or (b) executing a Declaration of Domestic Partnership in the presence of an individual authorized to administer oaths, and filing the declaration, duly attested, with the County Clerk. (1) Time Limitation. A person cannot become member of a Domestic Partnership until at least six (6) months after any other Domestic Partnership of which he or she was a member ended. This does not apply if the earlier domestic partnership ended because one of the members died. (2) Residence Limitation. The County Clerk will only file Declarations of Domestic Partnership if: (a) the partners have a residence in Marin County; or, (b) at least one of the partners works substantially full-time in Marin County. 8. 62 . 040 Ending Domestic Partnerships. A Domestic Partnership shall end as follows. (1) When the Partnership Ends. A Domestic Partnership ends when: l 2 ''I''..,............................................................................................ .................... ............................................. (a) one partner sends the other a written notice that he or she has ended the partnership; or (b) one of the partners dies; or (c) one of the partners marries; or (d) the part- ners no longer live together. (2) Notice the 2artnersbip has ended. (a) To Domestic Partnirs. When a Domestic Partner- ship ends for a reason other than the death of one of the partners.. at least one of the partners must sign a notice saying that the partnership has ended. The notice must be dated and signed under penalty of perjury. A copy of the notice must be filed with the County Clerk, who shall attach it to the original declaration. The person who signs the notice must send a copy to the other partner by mail, or deliver it in person. (b) To Third Parties. When a Domestic Partnership ends, a Domestic Partner, who has given a copy of a Declaration of Domestic Partnership to any third party in order to qualify for any financial benefit (or, if that partner has died, the surviving member of the domestic partnership) , must give that third party a notice signed under penalty of perjury stating the partnership has ended. The notice must be sent within Sixty (60) days of the end of the Domestic Partnership. (c) Failure to Give Notice. Failure to give either of the notices required by this subsection will neither prevent nor delay ending the Domestic Partnership. Anyone who suffers any loss as a result of failure to send either of these ese notices, may sue the partner who was obliged to send it for actual loss engendered by the failure to receive notice that the Domestic Partnership has been terminated. 8. 62 . 050 County Clerk' s Records. The county Clerk shall administer this program as follows: (1) Amendments to Declarations. A Partner may amend a Declaration of Domestic Partnership filed with the County Clerk at any time to show a change in his or her mailing address. The County Clerk shall note the amendment on the original declaration. (2) New Declarations of Domestic Partnership. No person who has filed a declaration of Domestic Partnership with the County Clerk may file another Domestic Partnership until six (6) months after a notice the partnership has ended has been. filed. However, if the Domestic Partnership ended because one of the partners died, a new Declaration may be filed any time after the notice the partnership ended is filed. 3 (3) Maintenance of County Clerk' s Records. The County Clerk will keep a record of all Declarations of Domestic Partner- ship, Amendments to Declarations of Domestic Partnership, and all notices that a partnership has ended. The records will be maintained so that amendments and notices a partnership has ended are filed with the Declarations of Domestic Partnerships to which they apply. (4) Filing Fees. The Board of Supervisors will set the filing fee for Declarations of Domestic Partnership and Amendments. No fee will be charged for notices that a partnership has ended. The fees charged must cover the County's cost of administering this ordinance. (5) Liability. •The County Clerk, any officer or employee of the County of Marin, or the County of Marin shall not, under any circumstances, be liable to anyone for the failure or neglect to perform any act required by this chapter. 8.52 . 060 Legal Effect of Declaration of Domestic Partnership. The legal effects of said declarations shall be: (1) Obligations. The obligations of domestic partners to each other are those described in the definition. (2) Duration of Rights and Duties. If a domestic partnership ends, the partners incur no further obligations to each other. (3) Benefits. This chapter neither requires nor forbids anyone to provide benefits of any kind whatsoever to a domestic partnership. 8 . 62 , 070 Visitation in Health Care Facilities . (1) Patient Designation. Where a health care facility restricts a patient' s visitors, the health care facility shall allow every patient to name those individuals whom the patient allows to visit unless; (a) no visitors are allowed; or, (b) the facility determines that the presence of a particular visitor named by the patient would endanger the health or safety of a patient or patients, or would endanger the primary operations of the facility. (2) Domestic Partners Who Do Not Make Designations. If a patient with whom visiting is restricted has not made the designa- tion provided for in subsection 8.62. 070 (1) above, and if the patient has not indicated that he or she wishes no visitors, the 4 facility must allow the patient's Domestic Partner, the children of the patient's Domestic Partner, or the Domestic Partner of the patient's parent or child to visit, unless: (a) no visitors are allowed, or, (b) the facility determines that the presence of a particular visitor would endanger the health or safety of a patient or patients, or would endanger the primary operations of the facility. (3) Health Care Facility Defined. A "Health Care Facility" is any clinic, health dispensary or health facility licensed under Division 2 of the California Health and Safety Code', any mental hospital, drug abuse clinic or detoxification center. SECTION II. operative trate. The operative date of this chapter shall be u � 7 1993• SECTION ZIT. This ordinance shall be and is hereby declared to be in full force and effect as of thirty (30) days from and after the' date of its passage, and shall be published once before the expiration of fifteen (15) days after its passage, with the names of the Supervisors voting for and against the sane in the — Marin Independent so�:rnal , a newspaper of general] circulation published in the County of Marin. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin, State of California, on the 27th day of April 199 3 , by the following vote: AXES: SUPERVISORS Annette Rose , Harold C. Brown, Jr . , Brady Bevis, Gary Giacomini NOES: none ABSENT: SUPERVISOR Bob Roumiguj re_ . CHAIRMP , BOARD OF SUPERVISORS PRO TEM ATTE Clerk GAWMt ORDDMM 5 t•, ORDINANCE NO. 3141 AN ORDINANCE OF THE COUNTY OF MA1R.I'N SETTING FEES FOR THE FILING OF DOMESTIC PARTNER DECLARATIONS THE HOARD OF SUPERVISORS OF THE COUNTY OF MARIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. The fee to be charged by the County Clerk for filing Domestic Partner Declarations, pursuant to Marin County Code, Chapter 8.62, is hereby set in the amount of Thirty-Nine Dollars ($39.00) . SECTION II. This ordinance shall be and is hereby declared to be in full force and effect as of thirty (30) days from and after the date of its passage, and shall be published once before the expiration of fifteen (15) days after its passage, with the names of the Supervisors voting for and against the same in the Marin independent Journal, a newspaper of general circulation published in the County of Marin. PASSED AND ADOPTED at a regular meeting of the Hoard of Supervisors of the County of Marin, State of California, on the 11th day of May , 1953, by the following vote: AYES: SUPERVISORS Annette Rose, Gary Giacomini, Harold Brown, Brady Bevis, Bob Roumiguiere NOES: None ABSENT: None r BOB ROUMIGUI£R£, HAIR BOARD OF SUPERVISORS ' ATTEST: Thomas F. . Oampanella clerk :rd jm\crdDmre <.» � ' DOMESTIC PARTNER ELIGIBILITY Beginning with the benefit year starting January 1, 1997, a County employee* covered under any County medical insurance plan may enroll his/her registered domestic partner for coverage. In order to qualify for coverage of the domestic partner,the employee and his or her domestic partner must complete,sign, and file with the Human Resources Department an affidavit which includes the following basic requirements, among others: 1. They have executed a Declaration of Domestic Partnership(available from the County Clerk's Office)and filed such form with the County Clerk or have had it notarized and witnessed,both conforming to the requirements of Marin County Ordinance No. 3144. A copy of the Declaration or a certificate must be submitted with the affidavit. The requirements of the declaration in addition to those listed separately: a. both the employee and the domestic partner have reached age 18; b. neither is married or has had another domestic partner within the previous six months, unless that domestic partnership terminated by death; c. neither would be prevented under California law from marrying the other as a result of blood relationship. 2. All statements made at the time that the Declaration of Domestic Partnership was entered into remain true and both members intend them to remain true indefinitely. 3. Both members share the same principal place of residence and intend to continue to do so indefinitely. 4. Both members are economically responsible to third parties for each other's expenses for food, shelter, and medical care and this shall remain the case for at least as long as the non- employee domestic partner is covered by the medical insurance plan. Employees intending to cover domestic partners under the County's medical insurance plan should understand that as a result of applicable federal and state law, coverage of the domestic partner may not be eligible for pre-tax treatment under the County's Section.. 125 (IRC)plan and this may result in imputed income to the employee. Additionally, the domestic partner will not be eligible for continuing coverage through the County under the federal group continuation law known as `COBRA' or any other law. HOW TO ENROLL An employee must obtain from the Human Resources Department an Affidavit for Enrollment of a Domestic Partner and a Medical Plan enrollment form. These forms must be completed and returned to the Human Resources Department, along with proof of the Declaration of Domestic Partnership during the open enrollment period or within 34 days of the declaration of domestic partnership. Blue Cross requires evidence of current coverage or completion of a health questionnaire. 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