sr-102610-13b13-~3
October 26, 2010
Council Meeting: October26, 2010. Santa Monica, California
CITY CLERK'S OFFICE -MEMORANDUM
To: Mayor and Councilmembers
From: Councilmember Bloom
Date: October 26, 2010
13-C: Request of Councilmember Bloom that the City Council direct staff to
review and return to the Council with advice and proposed language
regarding adoption of an "Equal .Benefits Ordinance" for the City of Santa
Monica that would require that contractors who provide benefits to
employees with same sex spouses must provide the same benefits to
employees with opposite sex spouses and to domestic partners. The State
of California and a growing number of local jurisdictions have passed
similar Ordinances. Proposed language pending in the City of San Diego
accompanies this. request.
13-~
October 26, 2010
1
News from
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City of San Diego ®Distret Three
NEWS RELEAS€
For immediate release: June 10, 2414 Gantact: Katie Keach, 858-245-7673
Coiancilmember 4~loria Proposes Equal Benefits Ordinance
The Same Benet<ts Would Need #o be Offered to Domestic Partners and Spouses of
Companies Contracting with the City
SAN DIEGO, CA (June 10, 2010) - Councilmember Todd Gloria today proposed an
Equal Benefits Ordinance for the City of San Diego.
In a memorandum sent to the City Council, Mayor Jerry Sanders and Gty Atfomey Jan
Goldsmith, Councitmember Gloria recommended the parameters and rationale for an
EBO;
The purpose of an EBO is equal treatment. To comply with such a law, a
contractor that. offers health insurance and other benefits to employees' spouses
must offer equivalent coverage to employees' domestic partners.. An EBO would
not require City contractors to begin offering benefits not previously offered. If a
contractor does not offer benefits to married employees, it is not required to offer
benefits to employees in domestic partnsrsfips.
"The intent of an EBO is to bring the City`s contracting practices. in line with non-
discrimination laws,. prohibiting City contractors from discriminating against employees
based. on sexual orientation and marital status," said Gouncilmember Gloria. "The
policy goal is 'equal .pay for equal work.' Employees of City contractors should have the
same access to benefits regardless of whether the employee's household is organized
around his or her marriage or domestic partnership."
Councilmeniber Gloria requested the issue be docketed for consideration by the City
Council and that fho City Attorney guide the Council about potential amendments to the
Municipal Code for the proposed ordinance's implementation. Council President Ben
Nueso has agreed to docket the item. at the June 3t3, 2i)1 d Rules Committee meeting.
The full memo is attached.
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DATE: June t0,-201.0
TO: Mayor Jerry Sanders
City Attorney Jan Goldsmith
Council President Ben Hueso
FROM: Councilmember Todd Gloria, Third Council. Distric~ ~ r
SUBJECT: Equal i3enefitsDrdinance
Background
In 1997, San Francisco became the first. city to impiementan Equal Bsnefrts Qrdinance (EBO)
which requires all contractors doing business with the city to offer employees in a domestic
partnership the same benefits offered to married employees.
Today, the State of California has in place an EBO along with several cities and counties
throughout the United States:
- Atlanta; GA
- 6erkeley, CA
- Broward County, FL
- tang Gounfy, WA
- Los Angeles; CA
- Miami Beach, FL
- Minneapolis, MN
- Oakland, CA
- Olympia, WA
- Portland, ME
- Sacramento, CA
- Salt Lake City; UT
- San Francisco, GA
- San Mateo County, CA
- Seattle, WA
- Tumwater, WA
Policy Goat
The purpose of an EBO is equal treatment: To comply with such a law, a contractor that offers
health Insurance and other benefiits to employees° spouses must offer equivalent coverage to
employees` domestic partners. An EBO would -not require City contractors to begin offering
bertiefits not previously offered. If a contractor does not offer benefits to married employees, it is
not required fo offer benefits to employees in domestic partnerships.
The intent of an Ego is to bring the City's contracting practices in line with non-discrimination
laws, prohibiting City contractors from discriminating against employees based on sexual
orientation and marital status. The policy goal is "equal pay for equal work." Employees of Gity
contracfors shalt 6e paid the same total compensation {i.e. have the same access to benefits),
regardless of whether the employee's household is organized around his or her marriage or
domestic partnership.
Recommendation
Attached is a summary of the Equal Benefits Ordinance I propose. I request#hat this issue be
docketed for Gity Council discussion and consideration. Additionally, I seek the City Attorney's
leadership and guidance in bringing forth amendments to the appropriate sections of the San
Diego Municipal Gode for implementation of an EBO.
San Diego continues to lead in promoting mutual respect and understanding among alt people
6y protecting basic human rights and creating an atmosphere that promotes. amicable
relationships among all members of our community. To further San. Diego's rich history of civil.
rights, the City of San Diego should implement an EBO and put the Gity's purchasing power to
work to furthecequity for aIL Through our contracting process; we can assure that companies
who choose to do business with the City equalize-the tata(compensation between similarly
situated spouses and those with domestic partners.
look forward to working with you on this endeavor.
TG:pi
CITY OE SAN DIEGO
EQUAL BENEFITS ORDINANCE
This Equal Benefits Ordinance (EBO) requires that City contractors who provide benefits to
employees with spouses must provide the same benefits to employees with domestic partners.
Applicability
This Ordinance covers afI City contracts. This includes agreements for grants, services, the
purchase of goods, construction, and leases.
This Ordinance applies to the following;
- Any contractor that has an agreement with the City.
- All of the City contractor's other operations located. within the City limits, even if those
operations are not involved in the City agreement.
- Any of the contractor's. operations if they are. on property owned by the City, or on
property that the City has a right to occupy.
- The contractor's employees located elsewhere in the United States but outside ofthe
City limits if those employees are performing work on the subject City agreement.
This Ordinance Yequires the contractorto:
- Certify thatequal benefits will be provided to employees with spouses. and to
employees with domestic parkners.
- Post a copy of the following statement in an area frequented by employees: "During
the performance of a Contract with the City of San Diego; the Contractor will provide
equal benefits to its employees with spouses and its employees with domestic
partners:'
- Allow the Cify access to records so that the City can verify compliance with the
Ordinance,
This Ordinance applies to a(I benefits offered by an employer. This. includes, for example,
bereavement leave; family medical leave, medical, dental, and vision benefits, membership or
membership discounts,.. moving expenses, (ravel and relocation benefits, and retirement plans.
Exceptions & Waivers.
Waivers may be granted in the fol(owiing situations:
- The contractor is the only provider of a needed good. or service.
- The contractor is the only bidder or contractor willing to enter into. an agreementwith
the Cify for lase of City property.
- The agreement is necessary to respond to an emergency situation that endangers
the public health or safety, and ho contractor that complies with the. law is
immediately available.
- The agreement involves specialized litigation as certified. by the City Attorney's
Office.
- The contractor is a public entity providing: a good, service, or access to real property
that is notavailable from any other source.
- The contractor is a public entity and the good or service is necessary #o serve. a
substantial public interest.
- The application of the Ordinance would conflict with the terms or conditions of a
grant agreement with a public agency.
The agreement is essential. to the City or the City's residents and na other contractor
that complies with the Ordinance is available.
The agreement is fdr a bulk purchasing agreement through City, federal, state, or
regional entities that reduce the Gty's purchasing cost.
The agreement involves the investment of certain types of monies., or instances in
which the City will incur a financial loss that would violate its fiduciary duties.
This Ordinance does not apply to any collective bargaining agreement (CBA} that was in effect
prior to the Ordinance becoming applicable to the contractor. However, in orderto contract with
the City,. the contractor must agree that if the CBA is subsequently amended, extended, ar
otherwise modified,. the contractor will propose to the unionthatthe requirements of the
Ordinance be incorporated into the CBA. tf the contractor agrees to do so, the contractor may
be granted Provisional Compliance status allowing the contractor to begin working on the City
agreement. When the Provisional Gompliance status expires, the contractor must verify for the
Gity the steps taken to come into compliance with the EBO.
Enforcement
The City of San Diego's Administration Department would be responsible. for the enforcemen# of
the EBO.
If the contractor fails to comply with the ordinance:
- The action may be deemed as a material breach of contract;
- Awarding authority may cancel, terminate or suspend, in wholedr in part, the
contract;
- Monies due or to become due under the contract may be retained by the City until
compliance is achieved;
- City may also pursue any and' all .other remedies lawfully allowed.