98-3127 ORD
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;
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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
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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 necessities 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.
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(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.
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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
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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) .llis.. 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.
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(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 11 th day of
July
, 1998.
PASSED AND ADOPTED this 1st day of
July
1998.
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ATTEST:
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CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
1st reading 6/17/98
2nd reading 7/1/98
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City Attorney
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Date
F :\A TTO\SACS\ORDI NANC\DOMESTIC. PAR\DOMESTIC. PA3
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CITY OF MIAMI BEACH
TO:
SERGIO RODRIGUEZ
CITY MANAGER
NEISEN KASDIN ~k
MAYOR
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FROM:
DATE:
JUNE 8, 1998
RE:
DOMESTIC PARTNERSHIP & BENEFITS
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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 R 5 C-
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