14-030 1 ORDINANCE NO. 14 -030
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING CHAPTER 2 OF THE CITY'S CODE OF
5 ORDINANCES, ENTITLED "ADMINISTRATION ", ARTICLE I, "IN
6 GENERAL" ADDING A NEW SECTION 2 -24A, TO BE ENTITLED
7 "THE BOYNTON BEACH DOMESTIC PARTNERSHIP ACT ";
8 PROVIDING DOMESTIC PARTNERSHIP BENEFITS FOR CITY OF
91 BOYNTON BEACH EMPLOYEES; PROVIDING FOR FINDINGS
10 ! ! AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR
11 REGISTRATION; PROVIDING FOR TERMINATION OF
121 DOMESTIC PARTNERSHIPS; PROVIDING FOR EXTENSION OF
13 1 1 BENEFITS; PROVIDING FOR CODIFICATION, CONFLICTS,
14; SEVERABILITY AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City of Boynton Beach ( "City ") desires to recognize unmarried '
17 people who live with and consider their partners to be members of their immediate family;
18 and
19 WHEREAS, in establishing and permitting domestic partnerships in the City, the City
20 r Commission is recognizing the change in family demographics in the United States; and
21 $ WHEREAS, the City Commission recognizes the legal distinction between married
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22 couples and domestic partners, and seeks to afford employees who have entered into domestic
23 f i partnership relationships the same benefits offered to married employees; and
24 1 WHEREAS, the City Commission finds that providing equal benefits to all domestic
25 j partners and married couples promotes a fair and equitable work environment; and
26 WHEREAS, the City Commission finds that providing equal benefits to domestic
2711 partners is in the best interests of the citizens, residents and businesses of the City.
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28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
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29 €1 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
30 SECTION 1. The foregoing "WHEREAS" clauses set forth above are hereby ratified
31 I ? and confirmed as being true and correct and are hereby made a specific part of this Ordinance.
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1 SECTION 2. Part II, Chapter 2, "'Administration ", Article I, "In General ", of the
2 City Code is hereby amended by creating Section 2 -24A, to be entitled "The Boynton Beach
3 Domestic Partnership Act" which shall read as follows:
4 j ; Section 2 -24A THE BOYNTON BEACH DOMESTIC PARTNERSHIP ACT
5 A) This section may be cited as the "The Boynton Beach Domestic Partnership Act."
6 B) Findings and Intent
7
8 1) The City Commission of the City of Boynton Beach finds that there are many
9 I individuals who establish and maintain a significant personal, emotional and
10 economic relationship with another individual but who choose not to marry.
11 Individuals forming such domestic partnerships often live in a committed family
12 relationship. Domestic partners are often denied public and private sector
13 benefits because there is no established system for such relationships to be
14 registered and/or recognized. In addition, because of the status of their
15 relationship, domestic partners in many cases are not extended certain
16 employment benefits that are otherwise made available to employees who have
17 i entered into traditional, state - sanctioned marriages.
18
19 2) The City Commission finds that the provision of domestic partner benefits
20 promotes employee recruitment, employee retention, and employee loyalty.
21
22 3) The provision of this section shall be liberally construed to promote the public
23 health, safety and general welfare of the citizens, residents and employees of the
24 City of Boynton Beach. This act shall not be construed to supersede any federal,
25 I state or city laws or regulations, nor shall this section be interpreted to bring it
26 into conflict with federal, state or city laws. Any rules developed to implement
27 the provisions of this section shall be liberally construed to accomplish the
28 policies and purposes stated in this section.
29
30 C) Definitions
31 I For purposes of this section, these terms shall be defined, as follows:
321 1) City employee means currently employed or retired employees of the City of
3311 Boynton Beach, Florida, who are eligible for benefits pursuant to federal, state, or
34 city laws, city administrative rules, or collective bargaining agreements.
34 Y
361 a 2) Declaration of Domestic Partnership means a declaration prepared by the
371 Department and signed under penalty of perjury, which affirms that the
38 ; individuals referenced in the declaration meet the requirements of a domestic
3911 partnership relationship as described in Subsection D. The Declaration of
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1 Domestic Partnership shall only be valid as it relates to the City of Boynton Beach
2 employee benefit program.
3
4 3) Department means the City of Boynton Beach Human Resources Department.
5
6 I j 4) Domestic Partners means only two (2) adults who are parties to a domestic
7 1 partnership relationship and who meet the requisites for a valid domestic
8 partnership relationship as established pursuant to Subsection D.
91
10 5) Dependent, as used with regard to domestic partnership benefits, pursuant to
11 j Subsection G, means the domestic partner of a City employee.
12
13 k , 6) Dependent of domestic partner or dependent of employee, as used with regard to
14 domestic partnership benefits, pursuant to Subsection G, means a person who is
15 eligible for coverage under the City's insurance plans.
16 '
17; i 7) Jointly Responsible means each domestic partner mutually agrees to provide for
18 the other partner's basic food and shelter living expenses while the domestic '
19 i partnership relationship is in effect, except that partners need not contribute
20 equally or jointly to said basic food and shelter.
21
22 8) Mutual Residence means a residence shared by the registered domestic partners; it
23 is not necessary that the legal right to possess the place of residence be in both of
24 their names. Two people may share a mutual residence even if one or both have
25 additional places to live. Domestic partners do not cease to share a mutual
26 i residence if one leaves the shared place but intends to return.
27
28 D) Registration of a domestic partnership relationship.
29
30 1) A valid domestic partnership relationship may be registered by two persons, one
31 of whom is a City employee by filing a declaration of domestic partnership with
32 the Department, which declaration shall comply with all requirements for ,
33 ! establishing such domestic partnership. The director of the Department, or his or ,
34 her designee, shall file the declaration of domestic partnership and issue a
35 , # certificate reflecting the registration of the domestic partnership relationship in
36 City.
37
38 2) A declaration of domestic partnership shall contain the name and address of each
39 ' domestic partner, the signature of each partner, and each partner shall swear or
40 affirm under penalty of perjury that:
41
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1 a) Each person is at least eighteen (18) years old and legally competent to
2 contract;
3
4 b) Neither person is in a current marriage recognized by the state of Florida
5 nor currently a partner to another domestic partnership or civil union with
6 any individual other than the other person signing the declaration of
7 , domestic partnership;
8'
9 ' c) Neither partner is related to the other by blood;
10
11 1 d) Consent of either person to the domestic partnership relationship has not
121 been obtained by force, duress or fraud;
13 1i
14 e) Each person agrees to be jointly responsible for each other's basic food and
15 shelter;
16
17 f) Each partner considers himself or herself to be a member of the immediate
18 family of the other partner;
19
20 i g) The partners reside in a mutual residence;
21
22 h) Each domestic partner agrees to immediately notify the Department, in '
23 I writing, if the terms of the Declaration of Domestic Partnership are no
24 longer applicable or if one (1) of the domestic partners wishes to terminate
25 the domestic partnership.
26
27 i) Neither partner has signed a Domestic Partnership Affidavit or Declaration
28 1 with any other person within the twelve (12) months prior to designating
29 each other as Domestic Partners.
30
31 3) Any partner to a domestic partnership may file an amendment to the domestic
32 partnership certificate issued by the City to reflect a change in his or her legal
33 name. All other amendments must be filed by both domestic partners with the
34 same formality as the original declaration, however only one party of the
35 f ; domestic partnership is required to file a termination of the valid domestic
361 partnership.
371
38 E) Termination of registered domestic partnership relationship.
3911 1) Either partner to a registered domestic partnership relationship may terminate such
401 i relationship by filing a notarized declaration of termination of domestic
411 1 partnership relationship with the Department. The director of the Department shall
42 file the declaration and issue a certificate of termination of domestic partnership
1 100037763 1 306 - 9001821
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1 relationship to each partner of the former relationship. The termination shall
2 become effective immediately from the date the certificate of termination is issued.
3
4 ,1 2) If any partner to a domestic partnership relationship enters into a legal marriage, the
5I domestic partnership relationship shall terminate automatically, and all rights,
61 benefits, and entitlements thereunder shall cease as of the effective date of the
71 marriage. The marrying domestic partner shall file a declaration terminating the
8 j i domestic partnership relationship within five (5) days after entering into a legal
9 marriage that is recognized by the State of Florida.
10
1111 3) The death of either domestic partner shall automatically terminate the domestic
12 partnership relationship. The surviving partner shall continue to be entitled to
13 1 receive all benefits otherwise provided to a surviving spouse.
141
15 F) Maintenance of records. The Department shall, by administrative rule, prescribe
16 the form of all declarations, amendments, and certificates required to be filed under
17 this act. The Department shall maintain a record of all declarations, amendments, and
18 certificates filed pursuant to this act. The records shall be maintained so that all
19 declarations, amendments, and certificates shall be filed with the registered domestic
20 partnership to which they apply.
21
22 ; G) City employees; extension of benefits.
23 1) Any City employee who is a party to a registered domestic partnership relationship,
24 pursuant to Subsection D of this act, shall be entitled to elect insurance coverage for '
25 his or her domestic partner or a dependent of such domestic partner on the same
26 basis in which any City employee may elect insurance coverage for his or her
27 spouse or dependents. A City employee's right to elect insurance coverage for his or
28 ! her domestic partner, or the partner's dependent, shall extend to all forms of
29 insurance provided by the City to the spouses and dependents of City employees,
30 unless such coverage is prohibited by state or federal law. All elections of coverage
31 shall be made in accordance with the requirements of applicable City ordinances,
32 ° administrative rules, and policies. A City employee must make application for
33 insurance within thirty (30) days of the establishment of a domestic partnership
34 ; relationship or will have to wait until the open enrollment period, as established by
3511 the City. The establishment of a domestic partnership relationship, as provided by
361 the section, shall constitute a "qualifying event" for the purposes of adding
37 dependents to the insurance plan outside of the Open Enrollment Period.
38 #
391' 2) Any City employee who is a party to a registered domestic partnership relationship,
40 ; pursuant to Subsection D of this act, shall be entitled to use all forms of leave
411 provided by the City including, but not limited to, sick leave, annual leave, family
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1 illness leave and bereavement leave to care for his or her domestic partner or the
2 dependent of the domestic partner as applicable. The use of leave authorized in this
3 section shall be consistent with the applicable requirements in city ordinances,
4 I : administrative rules, and city policies.
5 i
6 ' ; 3) Unless prohibited by state or federal law, all other benefits available to the spouses
7 ' and dependents of City employees shall be made available on the same basis to the
8 domestic partner, or dependent of such domestic partner, of a City employee who is
9 , a party to a registered domestic partnership relationship pursuant to Subsection D.
10
11 4) The City Manager is authorized to take all actions necessary to implement the
12 ( I provisions of this section.
13
14 G) Notification of Family Members
15 In any situation providing for mandatory or permissible notification of family
16 1 members, including notification of family members in an emergency, or when
17 permission is granted to inmates to contact family members, "notification of family"
18 shall include domestic partners.
19 H) Additional Regulations
20 1) Nothing in this section shall be interpreted to contravene the general laws of the
21 State of Florida.
22
23 2) Nothing contained in this section shall be construed to impose liability or impose a
24 private cause of action upon a domestic partner for the health or health expenses of
251 his or her domestic partner.
26
27 3) When the term "spouse" or "married" or "marriage" is used in other city
28 ordinances and documents, it shall be interpreted to include a registered domestic
29 partner. When the term "family" or "dependent" is used in other city ordinance, it
30 I shall be interpreted to include domestic partnerships and dependents of registered
31 domestic partnerships. When the term "divorce" or "legal separation" is used in
32 other city ordinances and documents, it shall be interpreted to mean termination of
33 a registered domestic partnership.
34
35 SECTION 3. It is the intention of the City Commission of the City of Boynton
36 Beach, Florida that the provisions of this ordinance shall become and be made a part of the
37 City of Boynton Beach Code of Ordinances. The sections of this ordinance may be re-
38 numbered or re- lettered and the word "ordinance" may be changed to "section," "article," or
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11 such other appropriate word or phrase in order to accomplish such intentions.
2 � SECTION 4. All Ordinances or parts of Ordinances, Resolutions or parts of
31 Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
4 conflict.
5 , SECTION 5. If any clause, section or other part or application of this Ordinance shall
6 j 1 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
7 unconstitutional or invalid part or application shall be considered as eliminated and so not
8 affecting the validity of the remaining portions or application in full force and effect.
9 SECTION 6. This Ordinance shall become effective ON ADOPTION.
10 FIRST READING THIS 5 DAY OF NOVEMBER, 2014.
11
12 SECOND, FINAL READING AND PASSAGE this day of NO V. ,
13 2014.
14 Vote CITY OF BOYNTON BEACH, FLORIDA
15
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17 NO M or — Je r Taylo
18 1
19H
20 f I YES Vi�� i - • - Casello
21
2211
23 YES Commission Uayid ' erker
24�
26 1 YAS -- eSmmissioner —Mac cCray
27
28
791 YES Commissioner — Michael M. Fitzpat 'ck
301 ATTEST: 4 -
32 � ia • Aa.titic,
33 Jan M. Prainito, MMC
341 ity C X , x.
35
36�
37 ( • eal)
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