HomeMy WebLinkAbout2013-05-07_WORK SESSIONAGENDA
CITY COUNCIL AND HUMAN RIGHTS & RELATIONS COMMISSION
JOINT WORK SESSION
CITY OF EDINA, MINNESOTA
COMMUNITY ROOM
MAY 7, 2013
5:30 P.M
CALL TO ORDER
II. ROLL CALL
III. HUMAN RIGHTS AND RELATIONS COMMISSION
A. Presentation
1. Review Of March 2012 -May 2013 HRRC Accomplishments
2. HRRC Role
3. Update On Approved Work Plan Items
4. New Ideas And Initiatives
B. Domestic Partner Ordinance Revisions
IV. ADJOURNMENT
The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance
in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-
927- 886172 hours in advance of the meeting.
SCHEDULE OF UPCOMING MEETINGS /DATES /EVENTS
Tues
May 7
Work Session —Joint Mtng with HRRC
5:30 P.M.
COMMUNITY ROOM
Tues
May 7
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Tues
May 21
Work Session — Budget
5:30 P.M.
COMMUNITY ROOM
Tues
May 21
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Mon
May 27
MEMORIAL DAY HOLIDAY OBSERVED — City Hall Closed
Tues
Jun 4
Joint Mtng with East Edina Housing Foundation
5:30 P.M.
COMMUNITY ROOM
Tues
Jun 4
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
Tues
Jun 18
Work Session —Joint Mtng with EEC
5:30 P.M.
COMMUNITY ROOM
Tues
Jun 18
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
,yes
Jul 2
CANCELLED REGULAR MEETING
Thu
Jul 4
INDEPENDENCE DAY HOLIDAY OBSERVED — City Hall Closed
Thu
Jul 4
INDEPENDENCE DAY PARADE
10:00 A.M.
Tues
Jul 16
Business Meeting /Work Plan
5:30 P.M.
COMMUNITY ROOM
Tues
Jul 16
Regular Meeting
7:00 P.M.
COUNCIL CHAMBERS
To: MAYOR & COUNCIL
From: Ari Klugman
City Manager Intern
Date: May 7, 2013
Subject: HRRC Work Session
Action Requested:
None.
Information / Background:
Ow C D r
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0
IBHR
Agenda Item #: III.
Action ❑
Discussion M
Information ❑
As part of the City's annual work plan process, each board and commission meets with the City Council for
an annual work session. The HRRC will meet with the City Council at the May 7, 2013 work session. The
HRRC will provide a brief presentation highlighting their work over the past year and outlining their
initiatives for the remainder of 2013. They have one item of business to specifically receive direction on, the
Domestic Partner Ordinance Revisions.
Agenda:
A. Presentation
a. Review of Commission's Accomplishments since March 2012.
b. HRRC Role
c. Update on Approved Work Plan
d. New Ideas and Initiatives
B. Domestic Partner Ordinance Revisions
Attachments:
HRRC Presentation
2013 Approved Work Plan
Proposed Additions to the Work Plan
Domestic Partner Ordinance Revisions
City of Edina • 4801 W. 50th St. • Edina, MN 55424
4/30/2013
Agenda
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c
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_Update on Approved Work Plan
1
HUMAN RIGHTS &
RELATIONS COMMISSION
May 7, 2013
Joint Work Session
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Agenda
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C Review of Commission's Accomplishments
Y HRRC Role
_Update on Approved Work Plan
New Ideas and Initiatives
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Review of HRRC
Accomplishments
March 2012 -May 2013
Anti - Bullying- Edina Reads
Occurred on April 22, 2013 at the Edina
Senior Center
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4/30/2013
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7RTeligious Observance Policy
e purpose of this policy is to provide a framework for avoiding
significant days of religious observance that may preclude
participation.
• Good Friday (Christian) Evening before and first two days of Passover
• Christmas Eve (Christian) (Jewish)
• Evening before and day of Yom Kippur Eid al Fitr (Muslim)
(Jewish) Eid a] Adha (Muslim)
• Evening before and two days of Rosh The third day of Diwali (Hindu)
Hashanah (Jewish)
HUMAN RIGHTS &
RELATIONS COMMISSION
lawan
:rte,
Tom Oye Award
Eligibility: Anyone living or working in
a
f -. Edina.
Criteria: Efforts to foster respect and
dignity for others; one who models courage
and /or compassion in the advancement of
human rights and has demonstrated
leadership by example for improving
human relations and /or advancing human
.S rights.
Deadline: Applications must be received
2012 Winner 2013 Winner by January 15, 2013 at Edina City Hall,
Joyce Repya Alec Fischer Human Rights and Relations Commission,
4801 West 501 St. Edina, MN 55424.
Applications: Can be filled out online at
Edinamn.gov/index.php?section=humanri
e HUMAN RIGHTS & ghts_tomoyeaward or by contacting Ari
KJugman at (952)826 -0429.
`� RELATIONS COMMISSION
Days of Remembrance
May 2012, initial idea came from an
Edina resident in remembrance of the 17
million people who were killed during
the Holocaust.
• Proclamation signed by Mayor Hovland
and the Edina City Council.
• Annually coincides with the United
States Holocaust Memorial Museum's
national recognition event.
• Channel 16 featured four videos
throughout the month of May. One
video included a presentation from a
Holocaust survivor.
HUMAN RIGHTS &
\! RELATIONS COMMISSION
Nazi Persecution of Homosexuals
One of seven organizations who
assisted the Jewish Community
Relations Council by Co-
Sponsoring Discrimination by
Design.
Traveling Exhibit
April 2 "d to May 11 on University
of Minnesota's West Bank
Campus
Fred Baron:
Invited guest
speakerat
Edina's Days of
Remembrance.
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DESIGN
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4/30/2013
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Conflict - Free Initiative (Procurement Policy) '�• s
Resolution 2012 -79
• Support for the purchase of
products containing only = - -- ---- -- -� —�
conflict -free materials
° Edina High School Student p --- --•= -_ .— _�
group, Stand
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Bias /Hate Crime Response Plan
• The Edina Human Rights and Relations Commission (EHRRC)
provides or coordinates su-p.port to victims of bias /hate crimes
and leadership in the community in the prevention of bias /hate
crimes through education and collaborative community action
against prejudice and bigotry.
Partnership between Edina Police Department, City Manager,
Mayor & Council, Edina School District, Community Resource
Network and Local Media.
HUMAN RIGHTS &
-� RELATIONS COMMISSION
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Domestic Partner Registry
b e
• Approved in 2010 by the City
Council
• 18 Domestic Partners Currently
Registered
• On -going monitoring.
4/30/2013
0
Resolution in Opposition to Marriage
Amendment
Resolution No. 2012 -47
Opposition to the proposed
_— _ -- ---- -- Minnesota State
- ----�- _- �� Constitutional Amendment
defining Marriage.
Ce`, HUMAN RIGHTS & March 20, 2012
RELATIONS COMMISSION
4/30/2013
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4/30/2013
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Resolution in opposition of Voter ID
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Monitor Domestic Partner Legislation and the
�_ _ --- --�_ -° -•- -
ON VOTER RESTRICTION
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Resolution No. 2012 -113,
In Opposition to the
proposed Minnesota State
Constitutional Amendment
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requiring photo
HUMAN RIGHTS &
RELATIONS COMMISSION
identification to vote.
September 19`I'
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Monitor Domestic Partner Legislation and the
City Ordinance.
• Resolution 2012 -178: Health -
coverage at the discretion of
local jurisdictions =- _.-- _-_- --
• Update on Legislature
4/30/2013
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Super PACs \v1
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• Resolution 2012 -114 Expressing Support for a United States
Constitutional Amendment to Regulate Corporate Political
Spending and Campaign Financing.
• Recommended to Council at September 19, 2012 City Council
meeting:
• Tabled by Council, the HRRC has removed the item from all
future work plans.
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Gender Expression
• Ordinance Change Recommendation- Ord. No. 2013 -02,
adding Gender Expression.
• Approved by Council on March 5, 2013.
4/30/2013
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HRRC ROLE
• Policy Recommendation
• Events and Education
• Disparity Identification and Recommendation
• Community Outreach/Census Demographic Changes-
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Update on Approved Work Plan
• Anti - bullying event and/or education-
• Edina Reads Event held April 22, 2013
• Additional event /education to be planned for 2013
• Community Outreach/Census Demographic Changes-
• First working group, Partners: Edina Police, School District- Equity and
Inclusion Specialist, Resource Center
• Community Listening Sessions
• Domestic Violence
• Removed from Work Plan, others are better suited and funded by the
Human Services Taskforce
• Days of Remembrance Event
• Event de- prioritized for 2013 due to budget and time limitations. Another
larger event will be planned for 2014
4/30/2013
10
New Ideas/ Initiatives
Quasquicentennial
Youth Leadership Retreats
Engaging /Utilizing Working Groups
—Ed'--MN 9-
4/30/2013
10
APPROVED BY COUNCIL
Human Rights and Relations Commission
2013 Annual Work Plan
Developing cross organizational partnerships to
Early 2013
$1,500
Yes
Anti- bullying event and /or education- Edina Reads
April 22, 2013
$1,450
Video, publicity and
Yes
to census demographic changes.
communications.
Progress Report: Completed. The HRRC worked with the Edina Reads Committee and the League of Women Voters to host an event on April
22 "d at the Senior Center. HRRC would like to plan an addition event for 2013.
Developing cross organizational partnerships to
Early 2013
$1,500
Yes
gain an understanding of community needs related
to census demographic changes.
Potential Partners- Edina Resource Center, Edina
Police, Somali and Asian Community leaders.
Progress Report: Commission has created its first workgroup and has contacted Carrie Cabe from the Edina Resource Center, John Ford — Equity
and Inclusion Specialist for Edina Public Schools and Tom McKenzie from the Edina Police Department to serve as potential partners on the work
group.
The Commission is also considering hosting training by MN Advocates for Human Rights for Community Listening Sessions. The training would
potentially be in partnership with Richfield and Eden Prairie Human Rights Commissions and be open to the community and /or other board and
commission members.
Explore support opportunities for Victims of
Early 2013
Yes
Domestic Violence.
Potential for partnership with Cornerstone or
Tubman.
APPROVED BY COUNCIL
Progress Report: Removed from the Commission's Work Plan at April meeting. Commission felt there are other groups currently funded by the
Human Services Taskforce that are better suited to work in this area.
Update Bias /Hate Crimes Response Plan — March of each year
Days of Remembrance - April or May, to coincide with the national celebration of Yom Hashoah
Tom Oye Award —Jan 1 About town deadline is October 191h. Select in March of each year.
Proposed Month for Joint Work Session:
Staff Comments: 1
Council Comments:
Plan an activity for Days of Remembrance- Janet
April / May 2013 to
$3,000
Video, publicity and
Yes
Horvath to perform her piece related to the
coincide with the
communications.
Holocaust and Bullying. Potential tie into anti-
national celebration
bullying with the High School.
I of Yom Hashoah
Progress Report: The HRRC chose not to plan a performance due to budget and time limitations the Commission decided to only play the videos
on channel 16 and set up a display, the event is completed for this year.
In 2014, the Commission is considering hosting a larger event similar to the one previously thought for this year.
Update Bias /Hate Crimes Response Plan — March of each year
Days of Remembrance - April or May, to coincide with the national celebration of Yom Hashoah
Tom Oye Award —Jan 1 About town deadline is October 191h. Select in March of each year.
Proposed Month for Joint Work Session:
Staff Comments: 1
Council Comments:
PROPOSED WORK PLAN ADDITIONS
Human Rights and Relations Commission
2013 Annual Work Plan
OC{��G�Q�oa . • • . i�oC��C,bopcQG�o�� - -- - - -- -- -. - - -- - - -- __. -
Youth Leadership Retreats
Partnerships: Edina Community Foundation, Edina Public Schools,
League of Women Voters, Edina Resource Center, Edina Senior
Additional anti - bullying event and /or education
Center /Parks and Recreation, Edina Police.
TBD
Video, publicity and
Quasquicentennial Event
Dec. 2013
TBD
communications.
Progress Report: The HRRC completed their first Anti - bullying event for 2013, Edina Reads in April. They are interested in an additional event for
2013.
OC{��G�Q�oa . • • . i�oC��C,bopcQG�o�� - -- - - -- -- -. - - -- - - -- __. -
Youth Leadership Retreats
Partnerships: Edina Community Foundation, Edina Public Schools,
League of Women Voters, Edina Resource Center, Edina Senior
Center /Parks and Recreation, Edina Police.
Human Trafficking
Potential Collaborations: Parks and Recreation (Senior Center), Police,
Quasquicentennial Event
Dec. 2013
TBD
Video, publicity and
Justice and Employment.
communications.
Progress Report: The HRRC is interested in planning an event for the City's Quasquicentennial. They have proposed the creation of a temporary
working group to help with the initiative. If approved by Council, the Commission will begin the working group recruitment process.
OC{��G�Q�oa . • • . i�oC��C,bopcQG�o�� - -- - - -- -- -. - - -- - - -- __. -
Youth Leadership Retreats
Partnerships: Edina Community Foundation, Edina Public Schools,
League of Women Voters, Edina Resource Center, Edina Senior
Center /Parks and Recreation, Edina Police.
Human Trafficking
Potential Collaborations: Parks and Recreation (Senior Center), Police,
Community Health Committee (Bloomington Health, Hennepin
County), Hennepin County Sheriff's Community Outreach Initiative?
Disparities — Health Care, Transportation, Housing, Education, Criminal
Justice and Employment.
City of Edina
Proposed Domestic Partnership Ordinances
Human Rights and Relations Commission
01/25/2010
The purpose of the proposed Domestic Partnership Ordinances is to allow Domestic
Partners registration rights, the same rights in public venues as a married couple
and provide city employees and contractors domestic partner benefits.
Table of Contents
Introduction............................................................................................ ..............................3
Resolutions.............................................................................................. ..............................4
ExhibitA .................................................................................................. ..............................6
ExhibitB .................................................................................................................... .............................12
Page 2 of 17
The Human Rights and Relations Commission works diligently to secure freedom for
City of Edina residents and employees from discrimination due to race, color, creed,
religion, age, sex, sexual orientation or national origin. As we look at issues currently
facing our community one of our largest struggles is eliminating discrimination against
domestic partners. Currently domestic partners are not able to enjoy the same benefits as
married couples within the City of Edina. In order to ensure equality within the City of
Edina, the Human Rights and Relations Commission is proposing the adoption of a
Registered Domestic Partnership ordinance.
The proposed Registered Domestic Partnership Ordinances: allows all Edina residents and
employees who have registered as Domestic Partners equal access to all privileges
currently enjoyed by married partners which are not prohibited under State and Federal
laws (including but not limited to sick leave, bereavement leave and relocation
assistance). The proposed is a civil ordinance preventing discrimination to same or
opposite gender persons who have registered their Domestic Partnership in Edina.
Further, the Registered Domestic Partnership ordinance strengthens the community as a
whole in public venues. It will treat Registered Domestic'Partners as equals to married
couples in public venues operated by the City of Edina; some which also innocently
discriminate against Domestic Partners.
Finally, the Registered Domestic Partnership ordinance will facilitate educating the
community to further acceptance and tolerance by all Edina residents.
Page 3 of 17
Resolutions
The Edina Human and Rights and Relations Commissions urges the Edina City
Council to:
1) Adopt a Domestic Partnership Ordinance in the form substantially similar to
Exhibit A which is based on those currently in place with the cities of
Minneapolis, St. Paul and Duluth.
/l
2) Assure all public venues operated by the City of Edina include Domestic
Partners and their families within existing family or household memberships,
registrations and fees.
3) Update the City of Edina Personnel Policy (City Code Section 150) to allow
city employees paid and /or unpaid time off benefits to care for,Domestic
Partners.
4) Adopt an Equal Benefits'ordinance in a form substantially similar to Exhibit
B, however when two or more providers of goods and services submit the
exact pricing -and terms of payment, that areference be given to the provider
equal benefits to spouses,and domestic partners of their employees.
5);'Recognize Domestic Partner, registrations for initial homestead rights and
will not require annual re- registration for homestead classification by
Domestic Partners homeowners except in the instance of termination of the
Domestic Partner registration.
Page 4of17
Additional Information on Resolutions
1) The Domestic Partner Ordinance sets forth a procedure whereby couples may
register, for a nominal fee, as Domestic Partners, or terminate their registration,
using simple forms the City of Edina can model on those of Minneapolis, Duluth,
and St. Paul.
2) All City of Edina public venues would offer "Household" or "Dual" memberships
rather than only "Family" memberships.
3) The City of Edina Personnel Policy, 150.10 Sick Leave Subd.3 Purpose, should
be changed to define who is eligible for sick, funeral, illness of others leave to
read as follows:
"Sick leave with pay maybe 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 chiropractor 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 condition 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 fora maximum of five scheduled work days
in the event of the death of an employee's spouse, father, mother, spouses' father
or mother or child, and Domestic Partners and a maximum of three days in the
event of the death of an employee's grandparent, grandchild, brother or sister."
The City of Edina Personnel Policy, 150.13, Family and Medical Leave, should
be changed to read as follows:
Leave, Section 2(B): "In order to care for an immediate family member (spouse,
child, or parent) or a Domestic Partner of the employee if such immediate family
member or Domestic Partner has a serious health condition."
Leave, Intermittent or Reduced Leave, Section A: "An employee may take
intermittently (a few days or a few hours at a time) or on a reduced leave schedule
to care of an immediate family member or Domestic Partner with a serious health
condition or when "medically necessary "."
Page 5 of 17
EXHIBIT A
DOMESTIC PARTNERSHIPS
Section 1: Purpose
The city of Edina recognizes that a nationwide debate has advanced an expanded concept
of familial relationships between two non - married, adult partners who are committed to
one another to the same extent as married persons are to each other, except for the
traditional marital status and solemnities. This Chapter creates a process to provide
persons the opportunity to declare themselves domestic partners thereby providing a
government -based foundation to such committed relationships which positively
contributes to the health, safety and welfare of the community as a whole.
Section 2: Definitions.
For purposes of this Chapter, the following terms shall be'defined as follows:
i
1. Domestic partner. Any two adults who:
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 forthe 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 Both persons are at least 18 years of age.
2. 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 circumstances have sought further registration with the city of Edina:
1. 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
same -sex unions, regardless of title, in which two same -sex individuals are
committed to one another as married persons are traditionally committed, except
for the traditional marital status and solemnities;
2. 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.
Page 6 of 17
Section 3: Registration of domestic partnerships.
(a) The city clerk shall accept an application in a form substantially similar to Article l to
register as domestic partners who state in such application that they meet the
definition of domestic partners set out in Section 2B. Subsequent changes in address
shall be reported to the city clerk within 30 days of such change;
(b) The city clerk shall charge an application fee for the registration of a domestic
partnership and shall charge a reasonable fee per document for providing certified
copies of registrations, amendments or notices of termination. There shall be no
charge for filing amendments or notices of termination;
(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 received by the city clerk. 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.
Section 4. 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.
Section 5. Termination of domestic partnershi
(a) Either person in a domestic partnership registered with the city of Edina may initiate
the termination of the domestic partnership, by written notification, in the form of Article
2, to the city clerk. The city clerk shall promptly notify the other partner at the address of
record by certified mail;
3. A domestic partnership registration terminates when the 3 earlier of the following
occurs:
1. One of the partners dies; or
Page 7 of 17
2. Forty-five days after one partner sends the other written notice that he or she has
terminated the partnership by filing a notice of termination with the city clerk; or
3. Forty-five days after the city clerk notifies the non - filing partner of the filing of
any notice of termination.
Section 6. That this ordinance shall take effect 30 days after its passage and publication.
Page 8 of 17
ARTICLE 1
CITY OF EDINA
DECLARATION OF DOMESTIC PARTNERSHIP REGISTRATION FORM
We the undersigned, do declare that we meet the requirements of xxxx Code section xxx,
which are as follows:
Unless otherwise provided by state, local or other applicable law authorizing the
registration of domestic partnerships, a person who is in a domestic partnership, which
consists of two (2) adults who:
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).
• Both persons are at least 18 years of age.
The representations are true and correct, and contain no material omissions of fact to the
best of our knowledge and belief. Filing an intentionally and materially false Declaration
of Domestic Partnership shall be punishable as a misdemeanor.
Partner .1 Partner 2
Name Name
Signature Signature
Date of Birth Date of Birth
Mailing Address City State Zip Code
Page 9of17
INSTRUCTIONS FOR COMPLETING THE DECLARATION OF DOMESTIC
PARTNERSHIP (FORM xxxxxxxxx)
For easier completion, this form is available on the City of Edina's website at
www.xxxxxxx/. It can be viewed, filled in and printed from your computer. If you do not
complete this form online, please type or legibly print in black or blue ink. Do not alter
this form.
Complete the Declaration of Domestic Partnership (Form xxxxxx) as follows:
• Both persons must meet all of the requirements of Section xxx, as stated on the front of
the Declaration of Domestic Partnership form.
• Both persons must sign and affix their signatures to the same Declaration of Domestic
Partnership form.
• Both persons must print their names legibly. The names must be printed in the order
requested: Last name, First name, Middle name. If there is a suffix, i.e.'Jr., Sr., etc.,
include this as part of the last name.
• A complete mailing address is required (address, city, state, zip code.) Print legibly. Do
not abbreviate city names.
• The signature of both persons must be notarized with a certificate of acknowledgment.
The Declaration,of Domestic. Partnership must be signed using the name of the individual
prior to the name'change, if any.
The completed form can be mailed to xxxxxx or delivered in person to the xxxx office,
xxxxx OR can be hand delivered for over - the - counter processing
FEES: The fee for filing Form kxxxx is $20.00.
Payments for documents submitted: by mail to xxxx can be made by cash, check or
money order:, Checks or money orders should be made payable to the City of Edina.
Page 10 of 17
ARTICLE 2
TERMINATION OF REGISTRATION AS A DOMESTIC PARTNERSHIP
CITY OF EDINA
CITY CLERK'S OFFICE
OFFICE USE ONLY
Date Received
Effective Date
I HEREBY TERMINATE MY REGISTRATION AS A DOMESTIC PARTNERSHIP.
PRINT NAME:
SIGNATURE: DATE:
ADDRESS:
CITY /STATE: ZIP:
PLEASE NOTIFY THE FOLLOWING INDIVIDUAL OF THIS TERMINATION BY
CERTIFIED MAIL:
PRINT NAME:
SIGNATURE: DATE:
ADDRESS:
CITY /STATE: ZIP:
PRIVACY NOTICE
The Minnesota Department of Administration has issued an advisory opinion in which it
concludes that all information on file with the City pertaining to domestic partnership
registration should be classified as public data pursuant to the Minnesota Government
Data Practices Act ( "Act "). However, the Act allows the City to classify such information
as private data if disclosure of the information would be likely to substantially jeopardize
the security of individuals and their property. If you believe that release of the
information would substantially jeopardize your security and want your information to
remain private, please read the statement below, check the box and fill in the information
requested. Your information will remain public if you do not sign this form.
I request this data to be considered private due to security concerns.
SIGNATURE: DATE:
Mail or deliver to: City Clerk's Office
Page 1Lof 17
EXHIBIT B
CITY OF EDINA
EQUAL BENEFITS ORDINANCE (effective xx/xx/xxxx)
Equal benefits provisions in contracts.
(a) The City of Edina recognizes that a nationwide debate has advanced an expanded
concept of familial relationships beyond traditional, marital relationships. This expanded
concept includes relationships between two (2) non - married; adult partners who are
committed to one another to the same extent as married persons are to each other, except
for the traditional marital status and solemnities. The City of Edina also recognizes that it
annually enters into numerous contracts for the purchase of goods and services.
Requiring contractors to provide to employees with domestic,-Partners benefits equal to
those provided to employees who are married will require contractors to maintain a
competitive advantage in recruiting and retaining the highest quality work force, thereby
improving the quality of goods and services that the city receives. The City of Edina has
a fiscal responsibility to ensure that it purchases the best,quality goodsand services
possible within its budgetary constraints. To ensure that the City of Edina receives
improved quality of goods and services, the functions of the purchasing agent "are
expanded as provided in this section'.
(b) In addition to the functions described in this chapter, the purchasing agent for the city
must do the following:
(1) Require that notice of the requirements of this section be provided in every
request for proposal and bid specification, whether involving goods or
services.
(2) Require that, unless an exception is granted by the city council, every contract
include a provision that the contractor will comply with this section.
(c) For purposes of this section, theffollowing definitions apply:
Cash equivalent. If a married person receives a benefit as part of its "pay for purposes of
calculating overtime, Social Security, pension and other benefits ", that same principle
will apply for offering cash equivalency for domestic partners receiving payments for
those same benefits. 'As'such, the cash equivalent of the following benefits apply:
(1) For bereavement leave, cash payment for the number of days that would be
allowed as paid time off for the death of a spouse. Cash payment would be in the
form of the wages of the domestic partner employee for the number of days
allowed.
(2) For disability insurance, life insurance, health benefits, and dental benefits, the
cost to the contractor of the contractor's share of the single monthly premiums that
are being paid for the domestic partner employee, to be paid on a regular basis
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while the domestic partner employee maintains such insurance in force for
himself or herself.
(3) For a membership, the cost to the contractor of the membership fee normally paid
for a spouse, as long as the domestic partner employee would have been provided
such membership payments if the domestic partner employee would have had a
spouse.
(4) For moving expenses and travel expenses, expenses that would have been paid to
the domestic partner employee if the domestic partner of the employee were a
spouse.
(5) For family leave, cash payment for the number of days that would be allowed as
time off for an employee to care for a spouse who has, a serious health condition.
Cash payment would be in the form of wages, as it is for a married person, of the
domestic partner employee for the number of days allowed.
Contract. An agreement where one of the parties is the City of Edina for personal
services; for the sale or purchase,of supplies, materials, equipment or the rental thereof;
or for the construction, alteration, repair or maintenance of personal property.
Contractor / Subcontractor. Any individual, corporation, partnership, association,
nonprofit organization, groups of persons, organization, company, firm, limited liability
company, joint venture, enterprise, or any other,legal or commercial entity, or
combination thereof, which enters into a contract with the city. Workweeks include
consecutive and nonconsecutive workweeks.
Domestic partner.
a. Any person who has a currently registered domestic partnership with a governmental
body,pursuant to state, local, or other law authorizing such registration. The term
domestic partnership should be construed broadly to include same -sex civil unions or
other such same -sex unions in which two (2) same -sex individuals are committed to one
another to the, same extent as married persons are to each other, except for the traditional
marital status and solemnities; or
b. Unless otherwise provided by state, local or other applicable law authorizing the
registration of domestic partnerships, a person who is in a domestic partnership, which
consists of two (2) adults who:
(l) 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.
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(6) Do not have any other domestic partner(s).
(7) Both persons are at least 18 years of age.
Domestic partner employee. An employee who has a domestic partner.
Employee. An individual who performs services for compensation for a contractor and
who is entitled to one or more employee benefits. Employee does not include
independent contractors.
Employee benefits. Unless otherwise prohibited by state, federal or other law,
bereavement leave, disability insurance, life insurance, health benefits, dental benefits,
family leave, memberships, moving expenses, and travel benefits provided to employees
of the contractor.
Registry. A system or mechanism for the recognition of, at a minimum, domestic partners
during the term of the contract.
Religious or denominational educational institution. An educational institution which is
operated, supervised, controlled or sustained primarilyby a religious or denominational
organization, or is one which is stated by the parent church body to be and is', in fact,
officially related to that church through church representation on the board of the
institution and through substantial church financial assistance to the institution; and
further includes any agent or employee of such an institution.
Religious or denominational organization. Corporations, and any community chest, fund,
or foundation, organized and operated exclusively for religious purposes, no part of the
net earnings of which, inures to the benefit of any private shareholder or individual, no
substantial part of the activities of which is carrying on propaganda, or otherwise
attempting, to influence legislation (except as otherwise provided in subsection 26
U.S.C. § 501(h)), and which'does not participate in, or intervene in (including the
publishing or distributing of statements), any political campaign on behalf of (or in
opposition to) any candidate for public office.
Serious health condition: Serious health condition as defined by the federal Family and
Medical Leave "Act.
(d) No contractor shall discriminate by policy or practice in the provision of employee
benefits between an employee with a domestic partner and an employee with a spouse.
Any employee benefit provided in any manner contingent upon the existence of a marital
relationship must also be provided to an employee who has a domestic partner. The
contractor shall not be deemed to discriminate in the provision of employee benefits if,
despite taking reasonable measures to do so, the contractor is unable to extend a
particular employee benefit to a domestic partner, so long as the contractor provides the
employee with a cash equivalent of such a benefit.
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(e) The provisions of subsection (d) do not apply when the City of Edina is purchasing
through a cooperative or joint purchasing agreement.
(f) A contractor is deemed in compliance with subsection (d) if the contractor meets one
of the following criteria:
(1) The contractor allows every employee to designate a legally domiciled
member of the employee's household as being eligible for spousal equivalent
benefits.
(2) The contractor maintains a registry from the execution of the contract to the
completion of the contract. The maintenance of this registry shall include notice
to employees of:
a. The existence of such a registry.
b. The requirements to be placed on the registry.
c. The requirements to be removed from such a registry.
d. The possibility of the extension of benefits to domestic partners of
employees during the duration of any contract. However, upon request of
an employee, the employee will be placed on the registry and will be
provided equal benefits pursuant to subsection (d).
(3) The contractor states that, during the duration of the contract, it will provide
notice to employees that the contractor will create a registry upon request of an
employee of the contractor or upon request of the manager of the Office of the
City Manager, or the director's designee. Such notice to employees shall also
advise employees of the requirements to be placed on the registry, the
requirements to be removed from the registry, and the possibility of the extension
of benefits to domestic partners of employees during the duration of any contract.
(4) The contractor provides benefits neither to employees' spouses nor to
employees' domestic partners.
(5) The contractor cannot comply with the requirements of subsection (d) because
those requirements are inconsistent with a grant or agreement with a public
agency.
(6) The contractor is a religious or denominational educational institution.
(7) The contractor is a religious or denominational organization.
(8) The contractor is a governmental entity.
(g) The city council may grant exceptions to the requirements of subsection (d) where:
(1) Award of a contract or amendment to a contract is necessary to respond to an
emergency, where the existence of an emergency is determined by the city
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council. In determining whether there is an emergency, the city council must
consider the following nonexclusive factors: the nature of the contract; the length
of the contract; the cost of the contract; whether grants are involved in the
contract and the requirements of those grants; whether there is a need to have
materials and goods furnished immediately and the consequences of a delay in
having those materials and goods furnished; the monetary consequences if action
is not taken immediately; any safety issues that may be involved; the
consequences on labor, increased labor costs, and scheduling of labor; the need to
complete work before a strike deadline; and the impact of delaying one phase or
portion of a project on the other phase(s) or portion(s) of the project.
(2) The city council considers the following nonexclusive factors and determines
that an exception is in the best interests of the City, of Edina, as long as the
contract is not renewed after a twelve month period'unless the contractor becomes
compliant with this Ordinance:
a. Bids are received, the bids demonstrate that none of the bidders can
comply with this section, and one (1) or more of the bids would have been
responsive if compliance with this section would not have been listed as a
requirement in the bid specification. Under this circumstance, the city
could then rebid and delete the bid specification of complying with this
section in the rebid.
b. A request for proposal is'requesting unique services that can only be
reasonably provided by one (1) contractor.
c. There isbnly one (1) bidder.
d. Only,one (1) proposal is submitted to a request for proposal.
e. After a comparison between personal services proposals in which
contractors would comply with this section with personal services
proposals in,which contractors would not comply with this section, the
city council determines that the City of Edina would gain a substantial cost
savings by awarding a personal services contract to a contractor that will
not co.mplywith this section.
(h) Decisions by the city council to grant exceptions to the requirements of (d) are final.
(i) This section shall only apply to those portions of a contractor's operations that occur:
(1) Within the City of Edina.
(2) On real property outside of the City of Edina if the property is owned by the
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City of Edina or if the City of Edina has a right to occupy the property, and if the
contractor's presence at that location is connected to a contract.
(3) Elsewhere in the United States where work related to a contract is being
performed.
0) The requirements of this section shall only apply during the duration of the contract.
(k) Except for subsection (1), all requirements of this section that apply to contractors
shall also apply to subcontractors.
(1) The contractor will include the provisions of this ordinance in every subcontract,
specifically or by reference, so that such provisions will be binding upon each
subcontractor.
(m) Because of its experience with the enforcement of other contractual requirements,
and to avoid administrative costs of implementing a new enforcement unit, the Edina
City Manager's Department shall enforce the provisions of this section pursuant to all of
its enforcement powers under Title 7 of this Code.
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