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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.