HomeMy WebLinkAboutNo 909 Amending the City Code Concerning Domestic Partners
ORDINANCE NO. 909
2010
AN ORDINANCE AMENDING THE MAPLEWOOD CITY CODE
CONCERNING DOMESTIC PARTNERS
THE CITY OF MAPLEWOOD ORDAINS:
Section 1
. Chapter x of the Maplewood City Code is amended by adding Section ___ to
provide as follows:
xx.01 Purpose.
The City of Maplewood 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 Maplewood and who share a life and home together
may document their relationship.
Maplewood’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.
DISCLAIMER: The City of Maplewood 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 (including
durable powers of attorney and health care directives), children and dependents, medical,
health care and employment benefits.
xx.02 Definitions.
The following words and phrases used in this Ordinance have the meanings given in this
Section.
Domestic Partners. 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.
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 Maplewood or is employed in Maplewood.
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 Maplewood, and regardless of whether partners in either circumstance have
sought further registration with the City of Maplewood:
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 and wish to have their relationship memorialized.
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, e.g., same-sex
marriages in States that recognize and/or authorize them by law.
xx.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 established by the City Council by
Resolution and reviewed from time to time as required.
C. Upon payment of the application fee and receipt of the application, the City Clerk shall check
the same for completeness and 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, Minnesota Statutes, Chapter 13.
xx.04 Amendments.
The City Clerk may accept amendments for filing from persons who have domestic partnership
registrations on file, except amendments attempting to replace one of the registered partners
with another individual.
xx.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 they are 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.
Section 2. Chapter xx of the Maplewood City Code is amended by adding Section xx to
provide as follows:
xx.01 Homestead designation.Eligibility for the designation of property as a homestead, the
application process and the verification process are set forth in State Statutes. In administering
the state homestead statutes the City will not impose any additional requirements on domestic
partners.
xx.02 Fees. If the City offers a “family fee,” family membership or family registration rate for
memberships, tickets or other offerings, domestic partners are entitled to the same family fee,
family membership or family registration.
Section 3. Section xx of the Maplewood Personnel Policies is amended to provide as
follows:
Subd. 3Purpose. Sick leave with pay may be granted to employees entitled thereto when the
employee is unable to perform scheduled work duties due to illness/disability, the necessity for
medical, dental or chiropractic care, childbirth or pregnancy disability, exposure to contagious
disease where such exposure may endanger the health of others with whom the employee
would come in contact in the course of performing work duties. Sick leave with pay may also be
granted for a variety of other family and medical circumstances. The amount and conditions
under which sick leave with pay may be used for such circumstances is provided in the family
and medical leave policy adopted pursuant to Subsection xxx of this Code. Sick leave with pay
may be granted for a maximum of five scheduled work days in the event of the death of an
employee's spouse,domestic partner, father, mother or child, spouse's father, mother or child;
or domestic partner’s father, mother or child and a maximum of three days in the event of the
death of an employee's grandparent, grandchild, brother or sister.
Section 4. This ordinance is effective upon passage and publication.
This ordinance shall take effect after publishing in the official newspaper.
The Maplewood City Council approved this ordinance on November 8, 2010.