Loading...
Memo- Domestic Partnership OrdinanceDepartment of Administration Memorandum To: City Council From: Jim Genellie Date: August 5, 2011 Subject: Domestic Partnership Ordinance Attached is information about the proposed domestic partnership ordinance. The purpose of such an ordinance is to provide an official record of individuals who are domestic partners. Partners register with the City and receive a certificate. This documentation strengthens couples' ability to secure benefits or protections from businesses, hospitals, or other entities which can rely on a registration certificate for their paperwork needs. The ordinance does not require any business to provide benefits to domestic partners. The ordinance cannot require or establish an expectation that the City of Hopkins would provide benefits to domestic partners. State law limits city benefits to spouses or legal dependents. Attached is a the document which Peter Boisclair gave the City Council on July 19, a Domestic Partner Information Sheet from Outfront Minnesota, a copy of Edina's ordinance and registration form, and a termination form from the City of Golden Valley which also has a Domestic Partner Registration Ordinance. Peter Boisclair has been notified that this item will be on the August 9 agenda. Admin MEMO.doc Proposal for City of Hopkins, Minnesota to Adopt a Domestic Partnership Registry Proposed by Peter Boisclair, resident of Hopkins (see bottom for contact) on this 190' day of July, 2011 at the Hopkins City Council Meeting Copy of Notes and Proposal Prepared for the Mayor of Hopkins Gene Maxwell, Hopkins City Council. Members, the City Manager Jim Genellie and City Attorney What is a Domestic Partnership? 1. A Domestic Partnership Registry is a means by which unmarried, committed couples who share a life and home together may document their relationship, and enjoy recognition of and respect for their human rights. A registry provides convenience for employers in determining eligibility in providing benefits for such partners and their dependents. What Actions Have Been Taken In Researching this Issue? 2. In preparing this recommendation, 1, Peter Boisclair performed the following tasks: ® Discussed the proposal of a Domestic Partnership Policy with the Acting Hopkins City Manger Jim Genellie, and went into a thorough conversation about the process of introducing new proposals/ ordinances to the City of Hopkins. Also discussed what a Domestic Partnership Registry would do for the City of Hopkins, some of the various benefits if can bring to the city, what questions commonly arose when other cities have taken action on. Domestic Partnership Registries, what employers can gain from having a Domestic Partnership Registry certificate from the City of Hopkins, etc. • Discussed the question of what, if any protections are explicitly addressed by ordinances/ local laws of Hopkins that are already in place as far as protecting the rights of individuals based on their sexual orientation with Jim Genellie. Jim provided me with specific examples of how the City of Hopkins, in some ways already has made it part of City Personnel Policy as well as the City's Hiring Policy to not discriminate against individuals based on sexual orientation/ preference. Please see attached language: From the City's Personnel Policy: ® 7.03 DISCRIMINATION AND HARASSMENT • It is the City's desire to create a work environment that permits and encourages employees to work toward their full potential. This environment is one which is fair, respectful, and responsible, and which supports career goals on the basis of individual demonstrated ability and performance. • Discrimination and harassment are adverse to this work environment and will not be tolerated by the City. It is the policy of the City of Hopkins to maintain a work environment free from all forms of harassing and discriminatory behavior, including all forms of harassment or discrimination directed towards a person's race, ethnicity, gender, religion, age, physical or mental abilities, orerg lder preference. "Therefore, the use of disparaging terms, derogatory remarks and displays of insensitive treatment, directly or indirectly, will not be tolerated. • This policy pertains to every aspect of an individual's work relationship with the City, including recruitment, selection, placement, transfers, promotions, demotions, compensation, benefits, training and development, social and recreational programs away from work, terminations and all other terms and conditions of employment. • This policy applies to all of the City's employees, HRA employees, elected officials, members of boards and commissions, volunteer firefighters, police reserve, and other volunteer personnel as well as consultants rendering professional services to the City. From the City's Hiring Policy: ® 1.06 EQUAL OPPORTUNITY e Competition for positions with the City shall be open to all applicants who meet the qualifications established for those positions. No person shall in any way be discriminated against because of race, color, creed, religion, national origin, affectional.or sexual preference, marital status, disability, status with regard to public assistance, political affiliations, sex, or age. 2. What Actions Have Been Taken In Researching this Issue? (Continued) 0 Reviewed enacted city ordinances, creating Domestic Partnership Registries, passed by: *(NOTE: Due to timing, I have not been able to reach the only other city, Maplewood, which has passed a Domestic Partnership ordinance as well.. I will be contacting them soon however.) • City of Minneapolis; • City of Edina; • City of St. Louis Park; • City of St. Paul; • City of Robbinsdale; • City of Red Wing; • City of Duluth; • City of Rochester; • City of Golden Valley; and • City of Richfield • Researched the legal authority of Minnesota local governments to enact Domestic Partnership Registries in the summer of 2011. (And found that by precedent and from the experience of how it has gone in other cities, according to a wide range of public officials and individual citizens in Mimlesota that it is fully within the legal authority of Hopkins to adopt a Domestic Partnership Registry) • Email exchanges and phone discussion between Peter Boisclair and the Chair of the Robbinsdale Human Rights Commission, Carol Moss on July 19, 2011. • Email exchanges and phone discussion between Peter Boisclair and Shari Moore, the St. Paul City Clerk on July 19, 2011. • Email exchanges and phone discussion between Peter Boisclair and the City Manager of Golden Valley, Judy Nally on July 18, 2011. • Email exchanges and phone discussion between Peter Boisclair and Nancy Stroth, the City Clerk of St. Louis Park on July 18, 2011. • Email exchanges and phone discussion between Peter Boisclair and Julie Meintsma, who is one of the main people who work in the Minneapolis City Clerk's office and who directly handle Domestic Partnership Applications on July 19, 2011. • Discussion between Peter Boisclair and Edina Mayor James Hovland on July 19, 2011. • Discussion between Peter Boisclair and the City Clerk of Edina on July 19, 2011. • Email exchanges and phone discussion between Peter Boisclair and the Rochester City Clerk, Judy Sherr on July 19, 2011. • Email exchanges and phone discussion between Peter Boisclair and the Red Wing City Clerk, Kathy Johnson on July 19, 2011. • Discussion between Peter Boisclair and Phil Duran, the Legal Director of Outfront MN, Minnesota's largest Lesbian, Gay, Bisexual & Transgender (LGBT) advocacy organization. ® Discussions between Peter Boisclair and Desyl L. Peterson, the City Attorney of Minnetonka, both in early June as well as on July 19, 2011. • Discussion between Peter Boisclair and Geralyn Barone, the Assistant City Manager of Minnetonka on .luly 19, 2011. BENEFITS AND PURPOSES OF A DOMESTIC PARTNERSHIP REGISTRY 3. What Benefits Could a Domestic Partnership Registry Provide to the Citizens of Hopkins? NOTE:: The following is a direct quote from a report authored by the Robbinsdale IIuman Rights Commission dated April 12, 2011 and addressed to the Robbinsdale City Council: "...leaders in these..." (L,eaders in the cities that have approved an ordinance fora Domestic Partnership Registry) "...cities have recognized that the creation of a domestic partner registry sends a positive message that their communities are welcoming and affirming to an array of families and to diverse populations --a reputation that can be used to help recruit new residents or, for that matter, new businesses, and to deepen the ties that existing residents and businesses feel toward their communities. The number of employers providing insurance coverage for employees' domestic partners continues to increase. The Human Rights Campaign, Domestic Partner Benefits: Prevalence Among Private Employers, February 12, 2009, lace/benefits/l 1612.ht ji . The number of Minnesota cities with domestic partnership registries is also increasing, almost on a monthly basis. This correlates with the number of Minnesota employers who recognize their employees' domestic partners and are extending family benefits to such people. http://www.outfront.org/resources/organizations/«?pa/dpbenefits. Cities recognize the valuable service Domestic Partnership Registries provide their citizens. Many employers and cities understand that recognizing domestic partnerships improves not only diversity, but helps them to maintain their competitiveness in the current: economy. Thus, by providing a domestic partnership registry, a city not only demonstrates a commitment to principles of human rights, but it also provides an important service for its residents and businesses. Other benefits specific to Hopkins residents: • Supervalu Inc, effective March 1, 2006, has been making benefits coverage available to same-sex domestic partners. (See liitp:HwwtiN.totalloaistic.cor-n/userfiles/file/associat4ihr- belie its/eljt�it-ility/1?c)nicst cPartnc�rsSiYl`/`20SVI5.tid;f Therefore, seeing that Supervalu is headquartered in Hopkins, it seems very logical for the City of Hopkins to have a Domestic Partnership registry so that same-sex as well as opposite -sex couples that live within Hopkins, or work at the Hopkins Supervalu inc, facilities and offices that lie within the border of the city of Hopkins, can receive the benefits that Supervalu is offering them. Another notable employer is Cargill, which also does the same as Supervalu, Inc. With the new addition of offices on Excelsior Crossings, it would be a great benefit to those employees that work within that Cargill complex in Hopkins and that are eligible to register on a Domestic Partnership Registry, to be able to add their name to a Registry if it could be in place in Hopkins. Therefore, in conclusion to this initial proposal to the City of Hopkins; There are further benefits to this Registq being added to the list of the City of Hopkins ordinances, and further research that needs to be done, but the message is clear that it would be a strong message of support for civil rights and a huge benefit to enhance the community-friendly image and nature of this great City of Hopkins which 1, Peter Boisclair, am so eery proud to reside in. Therefore, I strongly urge the Mayor, and City council of Hopkins, Minnesota to instruct city staff to draft an ordinance for adopting Domestic Partnerships within the City of Hopkins, and to also, as soon as possible, schedule a city work session where this idea and the registry can be discussed further and more in-depth, and so that questions that the council members, the Mayor, the City Manager, the city Attorney, and anyone else may come to have thein answered by me and anyone else that the city would be interested in questioning regarding Domestic Partnership Registries. What are municipal domestic -partner registration ordinances? In 1991, the City of Minneapolis created Minnesota's first municipal domestic - partner registration ordinance. Since then, other cities have followed suit: Duluth (2009), St. Paul (2009), Edina (2010), and Rochester (2010). These ordinances allow a couple, whether same-sex or different -sex, to register as domestic partners for a nominal fee (usually $20-$25) and receive a certificate that verifies their registration. Municipal domestic -partner registrations serve purposes beyond symbolism. Undeniably, under Minnesota law, local governments are very restricted in terms of the rights or privileges they could attach to a domestic -partner registration. In particular, local governments in Minnesota may not offer their employees' domestic partners health coverage akin to that provided to employees' spouses. (Other employment benefits, e.g., bereavement leave, may be offered.) A registration ordinance provides unmarried couples who attest that they satisfy the City's definition of a "domestic partnership" the ability to secure government documentation that a relationship exists. That documentation function strengthens couples' ability to secure benefits or protections from businesses, hospitals, or other entities which can rely on a registration certificate for their paperwork needs. Municipal domestic -partner registration ordinances impose no costs on local businesses. None of the domestic -partner ordinances passed in Minnesota requires any private business or other entity to pay to provide financial benefits of any kind to couples who register. Much of the conversation about domestic partnerships relates to health benefits; under Federal law, in most cases no city or state can require that private employers provide any particular health benefits to their employees. A domestic -partner registration ordinance, however, can make it easier for those businesses who would like to provide these or other benefits but who don't want to create their own, internal registration processes. Passing a municipal domestic -partner registration ordinance imposes no costs on a City itself. The cost of preparing forms for couples to use for registration is more than offset by the registration fee couples are charged. Passing a domestic -partner registration ordinance does not require a City to provide any particular benefits to its employees' domestic partners, though naturally a City may choose to do so, other than dependent health coverage. Municipal domestic -partner registration ordinances can help attract businesses and residents. There is no evidence that in twenty years' experience, businesses or residents have left, or declined to move to, Minneapolis due to its domestic -partner registration ordinance. In OutFront Minnesota's experience, local leaders express support for such ordinances because they believe they enhance their city's reputation as welcoming to all families and communities, and that this is conducive to welcoming new businesses and residents. Municipal domestic -partner registries do not affect places of worship. A municipal domestic -partner registration ordinance is entirely a function of civil government and has no effect on places of worship. Should a place of worship choose to conduct a ceremony for domestic partners, they are of course free and welcome to do so, but no government entity may require that a place of worship recognize or act on a domestic -partner registration. Municipal domestic -partner registries do not violate state law. While Minnesota law currently restricts marriage to different -sex couples, state law also allows local governments to register domestic partners. Each of the domestic -partner registration ordinances in Minnesota provides for recognition of registrations from other cities, as well as domestic partnerships, civil unions, and even marriages from other jurisdictions — as municipal domestic partnerships, and nothing more. Domestic -partnership registration ordinances do not create or limit rights or obligations in such areas as inheritance, adoption, child custody, separation, or related areas governed solely by State law. City of Edina Domestic Registry Ordinance Section 195 - Domestic Partnerships 195.01 Purpose. The City of Edina authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside or work in Edina and who share a life and home together may document their relationship. Edina's Domestic Partnership ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are available to married couples under state or federal law. The City of Edina cannot provide legal advice concerning domestic partnerships. Applicants and registrants may wish to consult with an attorney for such advice including but not limited to: wills, medical matters, finances and powers of attorney, children and dependents, medical, health care and employment benefits. 195.02 Definitions. The following words and phrases used in this Code have the meanings given in this Section. Domestic Partner. Any two adults who meet all the following: 1. Are not related by blood closer than permitted under marriage laws of the state. 2. Are not married. 3. Are competent to enter into a contract. 4. Are jointly responsible to each other for the necessities of life. 5. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities. 6. Do not have any other domestic partner(s). 7. Are both at least 18 years of age. 8. At least one of whom resides in Edina or is employed in Edina. Domestic Partnership. The term "domestic partnership" shall include, upon production of valid, government -issued documentation, in addition to domestic partnerships registered with the City of Edina, and regardless of whether partners in either circumstance have sought further registration with the City of Edina: A. Any persons who have a currently -registered domestic partnership with a governmental body pursuant to state, local or other law authorizing such registration. The term domestic partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one another as married persons are traditionally committed, except for the traditional marital status and solemnities. B. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law. 195.03 Registration of Domestic Partnerships. A. The City Clerk shall accept an application in a form provided by the City to register domestic partners who state in such application that they meet the definition of domestic partners. B. The City Clerk shall charge an application fee for the registration of domestic partners and shall charge a fee for providing certified copies of registrations, amendments, or notices of termination. The fees required by this Section shall be in the amount set forth in Section 185 of this Code. C. The City Clerk shall provide each domestic partner with a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. D. This application and certificate may be used as evidence of the existence of a domestic partner relationship. E. The City Clerk shall keep a record of all registrations of domestic partnership, amendments to registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnership to which they pertain. F. The application and amendments thereto, the registration certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act. 195.04 Amendments. The City Clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments which would replace one of the registered partners with another individual. 195.05 Termination of Domestic Partnership. Domestic partnership registration terminates when the earliest of the following occurs: 1. One of the partners dies; or 2. Forty-five days after one partner: a) sends the other partner written notice, on a form provided by the City, that he or she is terminating the partnership; and b) files the notice of termination and an affidavit of service of the notice on the other partner with the City Clerk. kw9��r �( e t; 1�� City of Edina 4 0 Application for Registration as "�tleTM` Domestic Partners We hereby apply to register as Domestic Partners. Office Use Only Registration Date: Date Mailed: Code: 1120. This form (2 sided) must be signed in front of a Notary Public. We have read and understand the terms and conditions of Chapter 1, Section 195 of the Edina City Code F --]attached to this registration. We affirm that we meet the definition of Domestic Partners Section 195.02 below and are eligible for registration. Any two adults who meet all the following: 1. Are not related by blood closer than permitted under marriage laws of the state. 2. Are not married. 3. Are competent to enter into a contract 4. Are jointly responsible to each other for the necessities of life. 5. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities. 6. Do not have any other domestic partner(s). 7. Are both at least 18 years of age. F-18. At least one of whom resides in Edina or is employed in Edina. We have enclosed a check for $25.00, made payable to City of Edina for the application fee. Partner 1 Print Full Name Date Partner 2 Print Full Name Partners' Address Street City Date State Zip THE MINNESOTA DATA PRACTICES ACT requires that we inform you of your rights about the private data we are requesting on this form. Private data is available to you, but not to the public. We are requesting this data to determine your eligibility for a license from the City of Edina. Providing the data may disclose information that could cause your application to be denied. You are not legally required to provide the data, however, refusing to supply the data may cause your license to not be processed. Under MS 270.72, the City of Edina is required to provide the Minnesota Department of Revenue your MN Tax ID Number or Social Security Number. This information may be used to deny the issuance, renewal or transfer of your license if you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest. The Department of Revenue may supply information to the Internal Revenue Service. In addition, this data can be shared by Edina City Staff, the State of Minnesota Driver License Section, Hennepin County Auditor, Bureau of Criminal Apprehension, Hennepin County Warrant Office, and Ramsey County Warrant Office. Your signature on this application indicates you understand these rights. Your residence address and telephone number will be considered public data unless you request this information to be private and provide an alternative address and telephone number. Please sign below to indicate that you have read this notice: Signature X l request that my residence address and telephone number be considered private data. My alternative address and telephone number are as follows: Address Telephone Number Partner 1 1 hereby certify all the information given is complete and accurate. 0 Applicant's Signature Subscribed and sworn to before me, a Notary Public on this Notary Public My Commission expires Partner 2 I hereby certify all the information given is complete and accurate. Applicant's Signature Subscribed and sworn to before me, a Notary Public on this Notary Public My Commission expires o Return to: City Clerk's Office, 4801 West 50`h St, Edina, MN 55424 Phone: 927-8861 Ext. 408 Domestic Partner Registration Date day of 120 (Seal) Date day of 20 (Seal) City of Golden Valley 178oc3 Golden Valley Road, Golden Valley, MN 55427-4588 763-593.8020 1 763-593-3969 (fax) I TTY: 763-593-3968 1 www;goldenvalleymn.gcv Cl t}' O f rIy� g0 h b i vatv w Domestic Partnership Notice of Termination TERMINATION FEE: $25 Please make checks payable to the City of Golden Valley. I hereby terminate our registration as Domestic Partners. 171 1 have read and understand the terms and conditions of Chapter 2, Section 2.22 of the Golden Valley City Code attached to this form, including the following grounds for termination: when one of the partners dies 45 days after one partner sends the other partner written notice that he or she is terminating the partnership and files with the City Clerk the notice of termination and an affidavit of service of the notice on the other partner PAPTINER1 Print full name. DATE PARTNER s Print full name. DATE PARTNERS' STREET ADDRESS CITY STATE ZIP SIGNATUPES I hereby certify all the information given is complete and accurate. PARTNER 1 SIGNATURE DATE PARTNER 2 SIGNATURE DATE NOTARY SIGNATURE Seal Subscribed and sworn to before me, a Notary Public, on this day of 2011. My Commission expires on DATA PRACTICES THE MINNESOTA DATA PRACTICES ACT requires that we inform you of your rights about the private data we are requesting on this form. Private data is available to you, but not to the public. We are requesting this data to determine your eligibility for a license from the City of Golden Valley. Providing the data may disclose information that could cause your application to be denied. You are not legally required to provide the data, however, refusing to supply the data may cause your license to not be processed. Under MS 270.72, the City of Golden Valley is required to provide the Minnesota Department of Revenue your MN Tax ID Number or Social Security Number. This information may be used to deny the issuance, renewal or transfer of your license if you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest. The Department of Revenue may supply information to the Internal Revenue Service. In addition, this data can be shared by Golden Valley City Staff, the State of Minnesota Driver License Section, Hennepin County Auditor, Bureau of Criminal Apprehension, Hennepin County Warrant Office, and Ramsey County Warrant Office. Your signature on this application indicates you understand these rights. Your residence address and telephone number will be considered public data unless you request this information to be private and provide an alternative address and tele- phone number. Please sign below to indicate you have read this notice. SIGNATURE SIGNATURE O 1 request that my residence address and telephone number be considered private data. My alternative address and telephone number are as follows: Address: Phone Number: Office Use Only REGISTRATION DATE CODE DATE MAILED This document is available in alternate formats upon a 72 -hour request. Please call 763-593-8006 {TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette; etc.