Loading...
HomeMy WebLinkAbout2010-12 Amending City Code Concerning Domestic Partners ORDINANCE NO. 2010-12 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING DOMESTIC PARTNERS THE CITY OF EDINA ORDAINS: Section 1. Chapter 1 of the Edina City Code is amended by adding Section 195 to provide as follows: 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. Ordinance No. 2010-12 Page 2 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. Ordinance No. 2010-12 Page 3 Section 2. Chapter 1 of the Edina City Code is amended by adding Section 197 to provide as follows: 197.01 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. 197.02 Fees. If the City offers a family fee, family membership or family registration, domestic partners are entitled to the same family fee, family membership or family registration. Section 3. Section 150.10, Subd. 3 of the Edina City Code is amended to provide as follows: Subd. 3 Purpose. 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 150.13 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. Section 185.02 Schedule A of the Edina City Code is amended by adding the following: SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 195 195.03 registration of domestic partners $25 195 195.03 certified copies of registration, amendments or notice of termination of domestic partners $10 Section 5. This ordinance is effective upon passage and publication. Ordinance No. 2010-12 Page 4 First Reading: May 18, 2100 Second Reading: June 1, 2010 Published: June 1 , 2010 Attest: V-QJV'�-- DeYr—aA. Mang n, &Yy VIM James B. Hovland, Mayor Please publish in the Edina Sun Current on: Thursday, June 10, 2010 Send two affidavits of publication. Bill to Edina City Clerk City of Edina istered partners with another individual. (Official Publication) 195.05 Termination of Domestic Partnership. Domestic partnership registration terminates when the ORDINANCE NO.2010-12 earliest of the following occurs: AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING DOMESTIC PARTNERS One of the partners dies;or 2. Forty-five days after one partner:a)sends the other newspapers THE CITY OF EDINA ORDAINS: partner written notice,on a form provided by the City,that Section 1. Chapter 1 of the Edina City Code is amended he or she is terminating the partnership;and b)files the by adding Section 195 to provide as follows: notice of termination and an affidavit of service of the no- AFFIDAVIT OF PUBLICATION 195.01 Purpose. tice on the other partner with the City Clerk. The City of Edina authorizes and establishes a voluntary Section 2. Chapter 1 of the Edina City Code is amended STATE OF MINNESOTA ) program of registration of domestic partners. The do- by adding Section 197 to provide as follows: SS. mestic partnership registry is a means by which unmar- ried,committed couples who reside or work in Edina and 197.01 Homestead designation. Eligibility for the desig- who share a life and home together may document their nation of property as a homestead, the application relationship. process and the verification process are set forth in State Richard Hendrickson, being duly sworn on Statutes. In administering the state homestead statutes an oath,states or affirms that he is the Chief Edina's Domestic Partnership ordinance is a City ordi- the City will not impose any additional requirements on do- nance and does not create rights,privileges,or responsi- mestic partners. Financial Officer of the newspaper(s)known bilities that are available to married couples under state or as federal law.The City of Edina cannot provide legal advice 197.02 Fees. If the City offers a family fee,family mem- Edina Sun-Current concerning domestic partnerships. Applicants and regis- bership or family registration,domestic partners are enti- trants may wish to consult with an attorney for such ad- tled to the same family fee,family membership or family vice including but not limited to:wills,medical matters,fi- registration. nances and powers of attorney,children and dependents, medical,health care and employment benefits. Section 3. Section 150.10, Subd. 3 of the Edina City and has full knowledge of the facts stated 195.02 Definitions. Code is amended to provide as follows: below: The following words and phrases used in this Code have Subd.3 Purpose.Sick leave with pay may be granted to (A)The newspaper has complied with all of the meanings given in this Section. employees entitled thereto when the employee is unable the requirements constituting UallfiCa- to perform scheduled work duties due to illness/disability, q g 4 Domestic Partner. Any two adults who meet all the fol- the necessity for medical, dental or chiropractic care, tion as a qualified newspaper as provid. lowing: childbirth or pregnancy disability,exposure to contagious ed by Minn. Stat. §331 A.02, §331 A.07, 1. Are not related by blood closer than permitted under disease where such exposure may endanger the health of marriage laws of the state. others with whom the employee would come in contact in and other applicable laws as amended. 2. Are not married. the course of performing work duties.Sick leave with pay (B)The printed public notice that is attached 3. Are competent to enter into a contract. may also be granted for a variety of other family and med- 4. Are jointly responsible to each other for the necessities ical circumstances.The amount and conditions under was published in said newspaper(s) of life. which sick leave with pay may be used for such circum- once each week,for One Successive 5. Are committed to one another to the same extent as stances is provided in the family and medical leave policy married persons are to each other,except for the tradi- adopted pursuant to Subsection 150.13 of this Code.Sick week(s);it was first published on Thurs- tional marital status and solemnities. leave with pay may be granted for a maximum of five day,the 10 day of June 6. Do not have any other domestic partner(s). scheduled work days in the event of the death of an em- 7. Are both at least 18 years of age. ployee's spouse,domestic partner,father,mother or child; 2010, and was thereafter printed and 8. At least one of whom resides in Edina or is employed spouse's father,mother or child;or domestic partner's fa- published on every Thursday to and in- in Edina. then,mother or child and a maximum of three days in the event of the death of an employee's grandparent,grand- cluding Thursday, the ___ day Of Domestic Partnership. The term"domestic partnership" child,brother or sister. ,2010;and printed shall include, upon production of valid, government-is- below is a co of the lower Case alpha- sued documentation,in addition to domestic partnerships Section 4. Section 185.02 Schedule A of the Edina City copy p registered with the City of Edina, and regardless of Code is amended by adding the following: bet from A to Z, both inclusive, which is whether partners in either circumstance have sought fur- hereby acknowledged as being the size ther registration with the City of Edina: Feepor Purosa of and kind of type used in the composition A. Any persons who have a currently-registered domes- Section Subsection Charge Amount and publication Of the notice: tic partnership with a governmental body pursuant to 195 195.03 Registration $25 p state,local or other taw authorizing such registration.The of Domestic term domestic partnership shall be construed liberally to Partners / "klmnopgrstuvwxyz include unions,regardless of title,in which two individuals are committed to one another as married persons are tra- 195 195.03 Certified Copies of $10 ditionally committed,except for the traditional marital sta- Registration,Amendments tus and solemnities. or Notice of Termination of -- B. Marriages that would be legally recognized as a con- Domestic Partners e v _ tract of lawful marriage in another local,state orforeign ju- Section 5. This ordinance is effective upon passage and BY: risdiction,but for the operation of Minnesota law. publication. CFO 195.03 Registration of Domestic Partnerships. First Reading: May 18,2100 A.The City Clerk shall accept an application in a form pro- Second Reading: June 1,2010 vided by the City to register domestic partners who state Published: June 10,2010 in such application that they meet the definition of do- Attest: Debra A.Mangen,City Clerk Subscribed and sworn to or affirmed mestic partners. James B.Hovland,May.r before me on this 10 day of B. The City Clerk shall charge an application fee for the (June 10,2010)D1 Ord.#2010-12 June 2010, registration of domestic partners and shall charge a fee for providing certified copies of registrations, amend- ments,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 Notary Public a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. JULIA=HELKENN D. This application and certificate may be used as evi- dence of the existence of a domestic partner relationship. OTARAt,7v Com5 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 registra- tion certificate, and termination notices shall constitute government data and will be subject to disclosure pur- suant to the terms of the Minnesota Government Data Practices Act. 195.04 Amendments. The City Clerk may accept amendments for filing from per- sons who have domestic partnership registrations on file, except amendments which would replace one of the reg- City of Edina (Official Publication) zz 4801 WEST 50TH STREET .� EDINA,MINNESOTA 55424 NOTICE OF PUBLIC HEARING TO CONSIDER POTENTIAL ORDINANCE newspapers ALLOWING DOMESTIC PARTNERSHIPS' REGISTRATION AFFIDAVIT OF PUBLICATION NOTICE IS hereby given that the Edina City Council will hold a public hearing on Tuesday May 18,at 7:00 P.M.in STATE OF MINNESOTA the Council Chambers of Edina City Hall to consider an ordinance that would allow the registration of domestic )ss. partnerships. COUNTY OF HENNEPIN ) All persons who desire to be heard on this issue can ei- Richard Hendrickson, being duly sworn on ther: an oath,states or affirms that he is the Chief Submit a letter to the Edina City Council,4801 West 50th Financial Officer of the newspaper(s)known Street,Edina,MN 55424,prior to the date of the hearing. as 2. Attend the hearing and give testimony. Edina Sun-Current BY ORDER OF THE EDINA CITY COUNCIL. Debra Mangen,City Clerk Dated: April 30,2010 and has full knowledge of the facts stated (May 13,2010)D1 Domestic partnerships'reg. below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B)The printed public notice that is attached was published in said newspaper(s) once each week,for one successive week(s);it was first published on Thurs- day,the 13 day of May 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of ,2010;and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: jefghijk nopqrstuvwxyz BY: CF Subscribed and sworn to or affirmed before me on this 13 day of May 2010. Notary Public ------------------------ JULIA I HELKENN NOTARY PUBLIC-MINNESOTA ~ Nly Comm.Ex ales Jan.31.2015