SR-6-C (145)
- 6C
CA:f:atty\muni\strpts\bar\dompar.2d OCT 1 7 1995
City Council Meeting 10-17-95 Santa Monica, California
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 4.60 TO THE SANTA MONICA MUNICIPAL
CODE TO ESTABLISH A DOMESTIC PARTNERSHIP REGISTRY
INTRODUCTION
At its meeting on October 10, 1995, the Clty Council introduced for
first reading an ordinance adding Chapter 4.60 to the Santa Monica
Municipal Code to establish a Domestic Partnershlp Reglstry. The
ordinance is now presented to the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Harsha Jones Moutrie, City Attorney
Barry A. Rosenbaum, Deputy City Attorney
- 6C
-
OCT 1 7 1995
~
f:\atty\muni\laws\barry\dompar.zz
City Council Meeting 10-17-95 Santa Monica, California
ORDINANCE NUMBER 1821 (ees)
-
(City council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 4.60 TO THE SANTA
MONICA MUNICIPAL CODE TO ESTABLISH A
DOMESTIC PARTNERSHIP REGISTRY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.60 is hereby added to the Municipal Code
to read as follows:
CHAPTER 4.60
DOMESTIC PARTNERSHIP REGISTRY
section 4.60.010. statement of Policy.
Although domestic partners live in an intimate
and committed family relationship, they are
often denied public and private sector
benefits because no mechanism has been
established for registering their
relationship. Consequently, domestic partners
are often subject to marital status
discrimination in employment, housing, public
accommodations, and hospital and jail
1
-- - -- -- --
visitation privileges. The purpose of this
Chapter is to create a mechanism for
recognizing the intimate, committed
relationships of domestic partners and thereby
provide a means of eliminating the
discrimination that domestic partners face.
Sec~ion 4.60.020. Defini~ions. The
following words or phrases as used in this
Chapter shall have the following meanings:
(a) Affidavi~ of Domes~ic partnership.
A document executed by two persons under
penalty of perjury in which they declare that
they are a domestic partnership as defined in
this Chapter. This document shall be provided
by the city.
(b) Basic Livinq Expenses. The cost of
basic necessities including food and shelter.
The individuals need not contribute equally or
jointly to the cost of these expenses as long
as they agree that both are responsible for
the costs.
(c) Domestic Partner. A person who
shares a domestic partnership with another
person.
(d) Domestic Partnership. A relation-
ship between two persons in which the
2
following is true: ( 1) the persons live
together (2) the persons share basic living
expenses and agree to be jointly responsible
for these expenses, (3) the persons are not
related by blood closer than would bar
marriage in the state of California, (4)
neither person is married (5) the persons are
eighteen (18) years of age or older, (6) the
persons are each other's sole domestic partner
and intend to remain so indefinitely, (7) the
persons have an intimate, committed
relationship of mutual caring, (8) the persons
have completed and executed an IIAffidavit of
Domestic Partnership" which is currently on
file with the Clerk's Office and this
Affidavit has not been revoked and (9) neither
person has had a different domestic partner in
the six months prior to executing the
tfAffidavi t of Domestic Partnership,n unless
the termination of the previous domestic
partnership was due to the death of a domestic
partner.
(e) Jointly Responsible. Each domestic
partner agrees to provide for the other's
basic living expenses while the domestic
partnership is in effect. The partners need
3
not contribute equally or jointly to basic
living'expenses. A landlord who is owed basic
living expenses can enforce the domestic
partners' agreement.
(f) Live Together. Two people share the
same principal place of residence and intend
to do so indefinitely. It is not necessary
that the legal right to possess this residence
be in both of their names. One or both of the
people may have additional living quarters.
section 4.60.030. Records of Domestic
partnerShip and Filinq Fees.
(a) Affidavit of Domestic partnership.
An Affidavit of Domestic Partnership must be
filed with the Clerk's Office to establish the
domestic partnership.
(b) Amendment to Affidavit. A domestic
partner may amend an Affidavit of Domestic
Partnership filed with the city Clerk at any
time to show a change of his or her mailing
address or to show a change in the principal
place of residence of the domestic partners.
(e) Revocation of Domestic partnership.
When a domestic partnership has ended, other
than by death of one of the domestic partners,
one or both of the partners shall file a
4
"Notice of Revocation of Domestic Partnership"
with the City Clerk's Office on a form
prepared by the city.
(d) Maintenance of City Clerk's Records.
The city Clerk shall keep a record of all
affidavits, amendments, and revocations. The
records shall be maintained so that amendments
and revocations are filed with the affidavit
to which they apply.
(e) Filing Fees.
1. The city Clerk shall charge a
separate fee for filing an Affidavit of
Domestic Partnership, a Notice of Revocation
of Domestic Partnership, and an amendment to
an Affidavit of Domestic Partnership. The
amount of these fees shall be determined by
resolution of the city Council.
2. Payment of a filing fee entitles the
person filing an Affidavit of Domestic
Partnership, a Notice Of Revocation of
Domestic Partnership, or an amendment to have
two (2) copies of the filed document certified
by the city Clerk. Certification of
additional copies shall cost an additional
amount per copy to be determined by resolution
of the City Council.
S
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices tfiereto inconsistent with the provisions of this
ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
, ~
J~' ~ilU:--1 ).~ ~
~SHA JON~ MOUTRIE
Cl.ty Attorney
6
~
. t:J.~ =
Mayor
State of CalIfornIa )
County of Los Angeles ) ss
City of Santa MOnIca )
1, Mana M Stewart, City Clerk of the CIty of Santa Moruca, do hereby certIfy that the foregomg
Ordmance No 1821 (CCS) had Its first readmg on October 10. 1995 and had 11s second readmg
on October 17. 1995 and was passed by the followmg vote
Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, 0' Connor,
Rosenstem
Noes CouncIl members None
Abstam Council members None
Absent CouncIl members None
ATTEST
"--. ~~.~
CIty Clerk