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Ordinance 98-3127 • • ORDINANCE NO. 98-3127 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RECOGNIZING DOMESTIC PARTNERSHIPS, ESTABLISHING A PROCEDURE FOR REGISTERING AND TERMINATING DOMESTIC PARTNERSHIPS AND PROVIDING EMPLOYMENT BENEFITS TO CITY OF MIAMI BEACH EMPLOYEES FOR THEIR DOMESTIC PARTNERS; PROVIDING FOR REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City to be responsible to the changing needs of its employees and to treat all of its employees fairly and equitably; and WHEREAS, the City recognizes that long-term committed relationships foster economic stability and emotional and psychological bonds; and WHEREAS, the City wishes to support such long-term committed relationships by providing employment benefits to City employees for their domestic partners; and WHEREAS, studies conducted in the private and public sectors have shown that domestic partner legislation and/or policies have a positive impact upon employees and have not created an undue burden on employers adopting such legislation or policies; and WHEREAS, the City has adopted a human rights ordinance and seeks to be in compliance therewith. WHEREAS, it is necessary and appropriate that legislation be enacted to legally recognize the existence of domestic partnerships and to provide equality of treatment for those partnerships; 1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . DEFINITIONS. "Affidavit of Financial Reliance." The document that is filed with the Human Resources Department according to the procedures established in Section 2 of this Ordinance. "Committed Relationship." A family relationship, intended to be of indefinite duration, between two individuals characterized by mutual caring and the sharing of a mutual residence. "Declaration of Domestic Partnership." The document that is filed with the Human Resources Department according to the procedures established in Section 2 of this Ordinance. "Dependent. " One who relies on another for financial support. For purposes of this Ordinance, a domestic partner of an employee shall be deemed a Dependent of the employee if the domestic partner is supported, in whole or in part, by the employee's earnings and has been for at least the past six (6) months. "Domestic Partnership." Committed relationship between two persons who consider themselves to be a member of each other's immediate family and have registered their partnership in accordance with Section 2 of this Ordinance. "Employee." Active and retired employees of the City of Miami Beach that are eligible for benefits pursuant to State or municipal law, City of Miami Beach 2 employment policies, or collective bargaining agreements. SECTION 2. REGISTRATION, TERMINATION AND ADMINISTRATION PROCEDURES. 1 . Registration. (a) Declaration of Domestic Partnership. A Declaration of Domestic Partnership shall be filed with the Human Resources Department and shall contain the names and addresses of the domestic partners who shall swear or affirm under penalty of perjury that each partner: (1 ) is at least eighteen (1 8) years old and competent to contract; (2) is not related by blood; (3) is the sole domestic partner of the other person; (4) is not married; (5) has not been a member of another Domestic Partnership for the past six (6) months (unless the prior Domestic Partnership ended as a result of the death or marriage of one of the partners); (6) agrees to share the common nece3sities of life and to be responsible for each other's welfare; (7) shares his or her primary residence with the other; (8) considers himself or herself to be a member of the immediate family of the other partner; and (9) agrees to immediately notify the Human Resources Department, in writing, of any change in the status of the Domestic Partnership. 3 (b) Documentation. As further evidence of a Domestic Partnership, one of the following documents must be presented to the Human Resources Department along with the Declaration of Domestic Partnership: (1 ) A lease, deed, or mortgage indicating that both parties are jointly responsible; or (2) Drivers licenses for both partners showing the same address; or (3) Passports for both partners showing the same address; or (4) Any other document that in the opinion of the Director of the Human Resources Department conclusively demonstrates that the partners are living together as a family. (c) Affidavit of Financial Reliance. An Affidavit of Financial Reliance shall be filed with the Human Resources Department and shall contain the names and addresses of the domestic partners who shall swear or affirm under penalty of perjury that: (1 ) the domestic partner of the employee is a Dependent of the employee as that term is defined in Section 1 herein. (2) each partner agrees to immediately notify the Human Resources Department, in writing, if the domestic partner of the employee ceases to be a Dependent of the employee. 4 2. Termination. (a) A domestic partner may terminate the Domestic Partnership by filing a Termination Statement with the Human Resources Department. The person filing the Termination Statement shall swear or affirm under penalty of perjury that: (1 ) the Domestic Partnership is to be terminated; and (2) if the Termination Statement is not signed by both domestic partners, a copy of the Termination Statement shall be served, by certified or registered mail, on the other domestic partner, and proof of service shall be filed with the Human Resources Department. (b) The termination shall become effective sixty (60) days from the date of filing of the Termination Statement signed by both domestic partners or if the Termination Statement is not signed by both parties, sixty (60) days from the date proof of service is filed with the Human Resources Department pursuant to Section 2(a)(2) of this Ordinance. (c) Automatic Termination. A Domestic Partnership shall automatically terminate in the event that one of the domestic partners dies or marries. 3. Administration. (a) Forms. The Human Resources Department shall provide forms for the establishment and termination of Domestic Partnerships. (b) Certificate of Domestic Partnership. The Human Resources Department shall issue to the domestic partners a Certificate of Domestic Partnership 5 • no later than ten (10) business days after the Declaration of Domestic Partnership and Affidavit of Financial Reliance are filed. (c) Maintain Records. The Human Resources Department of Records shall maintain copies of Certificates of Domestic Partnership and Termination Statements filed by domestic partners. (d) Fees. The fee for registering or terminating the Declaration of Domestic Partnership shall be twenty-five (25) dollars, which shall cover all costs of registration or termination. SECTION 3. EMPLOYMENT BENEFITS. (a) Employees shall be granted bereavement leave with pay for the death of a domestic partner or family member of a domestic partner as set forth in the union contracts governing City employees, ordinance number 1335 and 1613 and the City's administrative policies. As to employees governed by union contracts, this benefit is contingent upon approval of the benefit by the unions to the extent such approval is necessary. (b) Employees shall be granted sick leave, family medical leave, or leave without pay to care for a domestic partner as set forth in Ordinance Nos. 1335 and 1613 and the City's Family Medical Leave Policy. SECTION 4. LIMITED EFFECT. (a) Nothing in this Ordinance shall be interpreted to alter, affect, or contravene state or federal law. 6 (b) Nothing in this Ordinance shall be construed as recognizing or treating a Domestic Partnership as a marriage. SECTION 5. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 11th day of July , 1998. PASSED AND ADOPTED this 1st day of July 1998. 1V4 MAYOR ATTEST: ?77LL Pc C f APPROVED AS TO CITY CLERK FORAM& LANGUAGE & FOR EXECUTION 1st reading 6/17/98 2nd reading 7/1/98 /A /7 A / � �G'y`^` 'C/L /C 'City`Attorney Date F:\ATTO\SACS\ORDINANC\DOMESTIC.PAR\DOMESTIC.PA3 7 •. • CITY OF MIAMI BEACH TO: SERGIO RODRIGUEZ c' ." F:112: 3 CITY MANAGER FROM: NEISEN KASDIN 1JIi`. MAYOR DATE: JUNE 8, 1998 RE: DOMESTIC PARTNERSHIP & BENEFITS Please place the attached Domestic Partnership Ordinance on the June 17, 1998 agenda for consideration by the City Commission. In addition, Ordinance No. 1335 and 1613 are included for related amendments. The Ordinance recognizes the existence of domestic partnerships and provides for employment benefits to domestic partners of City of Miami Beach employees. The proposed Domestic Partnership Ordinance is consistent with the goals of the City's Human Rights Ordinance and is in the best interest of the City and its employees. A time certain would be appreciated for this item. Agenda Item 6L Date — I-q 8 N M co P. O1 •H Co 0 .-1 Z 0) z s4 .0 F-1 V J-+ N a az o /-+ u 2 I O co y (DO 0 0 bA 0 u y a