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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