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HomeMy WebLinkAbout12/15/1999 - STAFF REPORTS (10) DATE: December 15, 1999 TO: City Council FROM: City Attorney DOMESTIC PARTNERSHIP AMENDMENT TO THE HUMAN RIGHTS ORDINANCE RECOMMENDATION: It is recommended that the City Council introduce the Domestic Partnership Ordinance amending the Human Rights Ordinance or defer the matter for further community input. BACKGROUND: In 1993, the City of Palm Springs became a leader in the subject of human rights by forming a Human Rights Commission with the goal of mediating and resolving discrimination complaints. Over the last year, the Commission has been working to develop a Domestic Partnership Ordinance similar to ones developed in Laguna Beach, Berkeley, Santa Barbara, Santa Cruz and West Hollywood. In September, the City Manager and City Attorney met with the Commission to help in formulating an ordinance. A resolution opposing hate crimes was developed and adopted by the Council in October. The Commission appointed a subcommittee who met with the City Attorney and endorsed a Domestic Partnership Ordinance based on Cathedral City's ordinance with significant modifications. The subject matter of the ordinance was reviewed with the Council at a study session on November 23, 1999, and the Council requested that the Ordinance be ready for the December 15, 1999 Council agenda. The Ordinance has the following principal provisions: 1. It defines domestic partnership requiring the partners to be 18 years or older; not related by blood or marriage; domiciled in Palm Springs;jointly responsible for common care, welfare and basic living expenses; and co- habiting for six (6)months. 2. The City Clerk will maintain a Domestic Partnership Register and will accept appropriate Statements of Domestic Partnership and Statements of Domestic Partnership Termination. The Council will establish fees for registration. •3. The principal rights ensuing from registration will be: 1. Visitation rights at health care and psychiatric facilities in the City 2. Visitation at jail facilities in the City 3. The right to file City applications, licenses and permits on behalf of the partner 7 _4. ;L December 15, 1999 Domestic Partnership Amendment to the Human Rights Ordinance 4. The Ordinance is to be interpreted consistent with state law and is not modifying any law concerning the character of, or interest in, real or Personal property or income or estate taxes In working with the Subcommittee, it was decided to gpt deal with two subjects at this time. The Ordinance therefore does not attempt to compel private businesses to offer any retirement, disability or economic benefits to domestic partners; nor does it require the City of Palm Springs to offer any benefits to employees who are domestic partners. Such changes would be a part of a meet-and-confer bargaining process with the City's labor organizations. The City Clerk has raised questions concerning the City's cost of complying with the Ordinance. It is unclear how much of an administrative burden there would be and how many people would register. The City Clerk's office does not have an over-abundance of personnel. Also, additional software would be necessary, estimated at $5,000. The Ordinance does provide that the Council can establish fees to recover the costs,but we are not sure what sort of initial costs to estimate. A copy of the Ordinance has been given to the Chairman of the Commission, but the Chairman has requested that the matter not be delayed by further review with the Commission. The matter is therefore ready for action by the Council, or deferral for ttuffier community input. David P hir7C* Attorney / APPROVED ,�cr� Acting City Manager ATTACHMENTS: 1. Domestic Partnership Ordinance PAUM N • C,1/FOaN\A DATE: December 15, M TO: Mayor and C&y Counellmembers FROM: Dallas J.Flmk,lnterha City Manager SUBJECT: Proposed Domestic parmenhip Ordinance In response to the Mayor's questions relative to the Proposed Domestic partnership Ordinance, the following is reported: 1) How many requests do we get for visits of a significant other in jails? Response: The police procedures relative to jail visits provide that visits are generally restricted to family members only. A prisoner is allowed one visit within the first 24 hour period, and the visit is limited to ten minutes between the hoots of 10 a.m. and 12 noon daily. No more than two people can be present for a visit at a time. Visits are only accommodated if there is a City police employee available to administer the visitation program. If personnel are available and no family members are present to visit a prisoner, the police department may allow non family members to visit the prisoner. The police department reports that it receives few requests for visitations. When requests for visitations are received, identity information is taken from the visiting party, the visitor is not asked about his or her relationship with the prisoner, and will typically be allowed the visit. The police-department, however, always reserves the right to deny a visitation for cause. 2) How many filings for permits and licenses do we receive from domestic partners? Response: In the issuance of building and planning related permits and licenses, the application must be made by, and permits will be issued to, owners or the owner's representative with a written authorization from the owner. If the person applying for the permit is not the owner, a written authorization is relied upon. Evert with the Domestic Partnership Ordinance in place, the staff policy will continue to be to recognize the owner and/or the authorized representative of the owner when such representation is authorized in writing by the owner. 3) To understand the impact of the registration of Domestic Partners with the City Clerk's office, what has been the experience of other agencies with Domestic Partners Ordinance requiring registration? Response: The following information was gathered by the City Clerk: City Year Ordinance Number of Number of Aug. '99 Effecxive Registrations Terminations Population Berkeley 1991 950 61 108,900 Santa Barbara 1997 128 5 91,900 West Hollywood 1985 1,800 170 38,550 Cathedral City 1996 15 3 36,750 The City Clerk's Offices' contacts indicated that they get calls for this type of information from hospitals, police departments and insurance companies. 4) Why do we care when domestic partners move and have to change their address with the City Clerk's office? Response: I'm certain the City Attorney and, perhaps, members of the Human Rights Commission may have some information to share with the City Council relative to this question. O� PALM bo `AZ V � }O••n•n•'•• • C'IzIrotAN"P DATE. dune 1,1999 TO: Rob W.Patidus,City Manage• FROM: Dallas J.Fli *Assistant City Manager-Admin.'rfe� SUBJECT: Pmjected Medical and Dental Bendit Costs for City Employees9 Domestic Partners Per your request,OMB has provided the attached cost estimates for implementation of a Domestic Partners Health Insurance program for City employees. Since the total number of employees who might subscribe to these medical and dental benefits for their domestic partners is urdmown,and would become lmown only after an enrollment period,the costing is based upon the following assumptions. a)All currently umnarned City employees could be eligible for domestic partners coverage,not only same-sec partners(see"potential changes"on attached May 28, 1999 memo);and b)Additional health costs would amount to the cost increase between single party and two- party coverage for medial and dental coverages, and c)In the case of the General Unit,the more expensive of two available health plans was used for these calculations. As the attached estimates show,the maximum potential cost to the City,based on existing rates,could amount to$28,800 per month,or$345,600 per annum. Undoubtedly,the cost would be less than that, but we have no way of knowing what that cost would be without going through the enrollment per• PALM sk. City of Palm Springs v Department of the City Manager • , , Office of Management and Budget ♦ 4♦,a.n♦d. �q<<Folt MEMORANDUM Date: May 28, 1999 To: Dallas Flicek, Assistant City Manager, Administration st From: Richard Strickland, Senior Financial AnalysU'n Subject: Domestic Partner Cost (Estimated) Dallas, per our previous discussion and council's request please find the following estimate. Unit Additional Health Cost Potential Changes Estimated Cost Maps,Ex, Council $ 232 27 $ 6,264 Gen Unit $ 310 60 $ 18,600 Police/Fire $ 261 15 S 3,915 Estimated Total Cost $28.799 /xtcs'k+Tp{ Please call me if you have an questions. Thanks, Cc: Ron Everett WorkNet Employer Database Page 1 of 2 I-I lJ MAN RIGHIFS CAM PA1GN WorkNet Employer Database* Employers With Pion-Discrimination Policies That Include Sexual Orientation Total Number: 1,577 . Fortune 500 Companies(Total Number: 258) . (3ther Psiyate CCompani1Non-Profits and Unions(Total Number: 805) . Colleges lk Universities(Total Number: 280) . State w Local Governments(Total Number: 200) . Federal Government(Total Number: 34) Employers That Offer Domestic Partner Health Benefits Total Number:2,877 . Fortune 500 Companies(Total Number: 81) . Otlier Private Companies,Non_Profits and Unions(Total Number:454) . Colleges&Universities(Total Number: 99) . State&Local Governments(Total Number: 75) . Additiqqg Employers(from_the San Francisco Human—Pi ghts Commission)(Total Nmnber: 2,168) GLBT Employee Groups e GLBT Em 1D oVeq-Clroups *These data represent the best efforts of the Human Rights Campaign to track employer policies.Because of the proprietary nature of human resource information and because there is no centralized place where employers must report such policies, some companies that have inclusive policies may not appear.Also, while every effort is made to confirm the existence of these policies, some employers may have been included in error. We encourage readers with additions,corrections,questions or comments to contact: Daryl Herrschaft Research Coordinator at daryl.hegrschaft©hrc.oKg I Hfi Vj&=16vorkplace Issues I Bade Crime&11jorriMe I I US.!i Heon41 snagender and inters e;to=ues I Take✓Align I HRC home Page I http://www.bre.orglissues/workplaeldata.html 12/15/99 STATES,CITIES AND COUNTIES Page 1 of 3 U States, Cities and Counties That Prohibit Discrimination lased on Sexual Orientation in Private Employment* As ofAugust 5, 1999 Comprehensive State Laws: California,Connecticut,Hawaii,Massachusetts,Minnesota,New Jersey,Nevada(effective Oct. 1, 1999),New Hampshire,Rhode Island,Vermont,Wisconsin. (11 States) Cities and Counties(102): Jurisdiction AZ City of Phoenbc AZ City of Tucson CA City of Berkeley CA City of Cathedral CA City of Davis CA City of Laguna Beach CA City of long Beach CA City of Los Angeles CA City of Oakland CA City of Sacramento CA City of San Diego CA City of San Francisco City of Santa Monica CA City of West Hollywood CA County of San Mateo CO City of Aspen CO City of Boulder CO City of Crested Butte CO City of Denver CO City of Telluride CT City of Hartford CT City of New Haven CT City of Stanford DC City of Washington D.C. FL City of Gainesville FL City of Key West FL City of Miami Beach FL City of Tampa FL County of Broward FL County of Miami-Dade IA City of Ames IA City of Cedar Rapids IA City of Iowa City IL City of Champaign http://www.bre.org/issue&*orkpkdnd/ndjurisldini 12/15/99 STATES,CMES AND COUNTIES Page 2 of 3 IL City of Chicago IL City of De Kalb IL City of Urbana IL County of Cook IN City of Bloomington IN City of Lafayette IN City of West Lafayette KS City of Lawrence KY City of Lexington KY City of Louisville LA City of New Orleans MA City of Amherst MA City of Boston MA City of Cambridge MA City of Maklen MA City of Wwoester MD City of Baltimore MD City of Rockville MD County of Howard MD County of Montgomery MD County of Prince Georges ME City of Bar Harbor ME City of Casdne ME City of Falmouth ME City of Portland ME City of South Portland MI City of Ann Arbor MI City of Detroit MI City of East Lansing MI City of Flint MN City of Minneapolis MN City of St Paul MO City of Columbia MO City of Kansas City MO City of SL Louis NY City of Albany NY City of Alfred NY City of East Hampton NY City of Ithaca NY City of New York NY City of Syracuse NY City of Watertown NY County of Albany NY County of Onondaga NY County of Tompkins OH City of Cleveland OH City of Columbus H City of Toledo OH City of Yellow Springs OH City of Youngstown R City of Corvallis OR City of Eugene OR City of Portland hgJ/www.hrc.org/issues/workplac/nd/ndjurisJMW 12/15/99 STATES,MIES AND COUNTIES Page 3 of 3 PA City of HarfWmrg PA Cky of Lancaster PA City of Philadelphia PA City of Pittsburgh PA City of York RI City of ProWdenoe TX City of Austin UT 'County of San Lake A City of Alexandria A County of Arington VT City of Burlington A City of Seattle A City of Spokane A County of King WI Cky of Madison *This list represents the best efforts of the Human Rights Campaign to track states and municipalities that ban anti-gay job discrimination in private employment. While every effort is made to confirm the existence of these laws, Individuals should contact jurisdictions directly to confirm policies. For more information, please contact Daryl Herrschaft fIQ7. 1-�ootiV�-QCmaz-e.b—re.®bgl The Human Rights Campaign http:/Avww.hrc.org httpJ/www.hrc orgrisnmdworkplac/nd/ndjmis.html 12/15/99 State&Local Governments That Offer Domestic Partner Health Benefits Page 1 of 4 ] HUMAN RIGHTS CAMPAIGN State & Local Governments That Offer Domestic Partner Health Benefits* (Total number = 75) As of October 8, 1999 sex of Start start I Start Employer Hamra City Partner Date: Date: Date: Notes Covered Month Day Year Chicago Transit Chicago IL Some 7 199 Authority Only City of Alameda Alameda CA City of Albany Albany - NY City of Ann Arbor Ann Arbor MI 8 92 City of Baltimore Baltimore MD Same 1 95 only City of Berkeley Berkeley CA Some& 84 Opposite City of Burlington Burlington VT Same& 1 93 Opposite City of Cambridge Cambridge MA 9 92 City of Carrboro Cerrboro NC Same& 9 94 Opposite City of Chapel Hill Chapel Hill NC Same& 4 2496 Opposite City of Chicago Chicago IL Same 5 97 Only City of Corvallis Corvallis OR Some& 3 195 opposite City of Denver Denver CO Same& 9 96 Opposite Cry of Eugene Eugene OR Same& 8 198 opposite KY of Gainesville Gainesville FL Same& 8 999 Opposite City of Gresham Gresham OR 2 1599 City of Iowa Cfly Iowa City IA Same 8 94 Only CRY of Ithaca Ithaca NY 1 97 httpJ/www.hrc.orgrmies/workplactdpts&l.html 12/15/99 State&Local Governments That Offer Domestic Partner Health Benefits Page 2 of 4 City of Key West Key West FL Same& 1 98 Opposite City of Laguna Beach Laguna CA Same& 6 90 Beach Opposite City of Los Angeles Los Angeles CA 10 88 City of Los Angeles Los Angeles CA Same& 1 98 Unified School Opposite District City of New Orleans New Orleans LA Same Only City of New York New York NY Same& 10 98 Opposite City of Northampton Northampton MA Same& 95 Opposite City of Oakland Oakland CA Same& 6 96 Opposite City of Olympia Olympia WA Some& 12 94 Opposite City of Petaluma Petaluma CA 1 99 City of Philadelphia Philadelphia PA Same 5 98 Only City of Pittsburgh Pittsburgh PA Some& 99 Opposite Hy of Portland Portland OR Some& 6 94 Opposite City of ProvhrcetDwn Provincetown MA City of Rochester Rochester NY Some& 4 94 Opposite City of Sacramento Sacramento CA Same& 11 592 Opposite City of San Diego San Diego CA Same& 6 94 Opposite City of San Francisco San Francisco CA Same& 7 91 opposite City of Santa Barbara Santa CA Same& 5 198 Barbara Opposite City of Santa Cruz Santa Cruz CA Sartre& 5 85 Opposite City of Seattle Seattle WA Sartre& 6 90 Opposite City of Springfield Springfield MA 4 97 City of Takoma Park Takoma Park MD 11 88 KY of Tempe Tempe AZ 99 City of Tucson Tucson AZ Same 4 97 Only City of Turnwater Tumwater WA Same& 5 97 Opposite Ky,of Vancouver Vancouver WA 5 98 City of West West CA Some& 2 85 Hollywood Hollywood Opposite City of West Palm West Palm FL 2 92 Beach Beach County of Alameda CA Same& 2 96 Opposite County of Arlington VA Same& 7 197 Benefits struck down by court, Opposite still in effect pending appeal County of Broward FL Same& 1 2699 htipJ/wwwl=.org/imestworkpladdp/s&Lhtml 12/15/99 State&Local Governments That Offer Domestic Partner Health Benefits Page 3 of 4 Opposite County of Cook IL Some 99 Only County of Dane WI 99 County of King WA Some& 1 93 Opposite County of Los CA Same& 12 1995 eles Opposite County of Marin CA County of Monroe FL Same& Opposite County of Multnomah OR Same& 93 Opposite County of Pima AZ Some& Opposite County of San Mateo CA Same& opposite County of Santa Cruz CA Same& 89 Only available to employees in Opposite General Representation Unit; Reimbursement program available county of NY 98 Westchester Eugene Water& Eugene OR Electric Board Madison Metropolitan Madison WI Same& School District Opposite Metropolitan Water Los Angeles CA Same& 98 District of Southern Opposite Calif. Minneapolis Public Minneapolis MN Same 10 193 Library Only Santa Cruz Metro Santa Cruz CA 85 Transit System Seattle Public Library Seattle WA Same& Opposite State of California CA 99 For legialedve employees only. State of Hawaii HI State of MA Massachusetts Stab of New York NY Sane& 1 196 Opposite State of Oregon OR Sane& 6 198 Opposite State of Vermont VT Same& 8 94 Opposite own of Middlebury Middlebury VT Same& 9 95 Opposite IMP of Oak Park Oak Park IL 4 94 'This Not represents the best efforts of the Human Rights Campaign to track employers that offer domestic partner health coverage.Because of the proprietary rotor*of human resource Information and because there is no co t afted place where employers must report such pollotes,some companies that offer domestic perbw health coverage may not sppeor.Also,while every effort is made to confirm the wdelonee of these poNdes,some employers may have been included in error. We encourage readers with additions,corrections,questions or consnento to contact: bttpJ/www3m.org/ /workpladdp/s&l.html 12/15/99 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,AMENDING CHAPTER 2.45 OF THE PALM SPRINGS MUNICIPAL CODE TO ESTABLISH A POLICY EXTENDING TO UNMARRIED DOMESTIC PARTNERS CERTAIN RIGHTS AFFORDED MARRIED COUPLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AS FOLLOWS: WHEREAS,the City of Patin Springs,in adopting a Human Rights Commission ordinance on October 21, 1992,to deal with discrimination against protected groups,including discrimination based on marital status, and in establishing a Human Rights Commission to implement the ordinance,has been a leader in the country in protecting human rights; and WHEREAS, on October 20, 1999, the City Council adopted Resolution No. 19670 encouraging vigorous enforcement of state law against hate crimes, and embraced additional education and training concerning hate crimes; and WHEREAS,other California cities,including Alameda,Berkeley,Cathedral City, Laguna Beach, Oakland, Petaluma, San Diego, San Francisco, Santa Barbara, Santa Cruz and West Hollywood have officially recognized that a domestic partnership between two consenting adults is a legitimate form of a family unit;and WHEREAS,the City Council of the City of Palm Springs recognizes that domestic partners who live in an intimate and committed family relationship are often denied public and private sector benefits because no mechanism has been established for registering their relationship;and WHEREAS, the Council of the City of Palm Springs recognizes that there are many rights and privileges afforded to married couples,which are not afforded to unmarried domestic partners; and WHEREAS,the City Council of the City ofPalm Springs acknowledges that there are certain legal obstacles to extending to unmarried domestic partners all of the rights and privileges afforded to married couples; and WHEREAS, the City Council of the City of Palm Springs, however, desires to provide certain rights and benefits afforded to married couples,which can legally be extended to unmarried couples or domestic partners,who reside in the City of Palm Springs and who desire to register their domestic partnership with the City of Palm Springs;and WHEREAS, the City Council of the City of Pahn Springs desires to provide domestic partners the opportunity to make a documented public commitment to one another and to receive some official recognition of validity of their commitment to one another from a public agency;and WHEREAS,the City Council intends that this Ordinance be interpreted to be consistent with the Domestic Partnership Act of 1999(Family Code Section 297,et deg.). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS AS FOLLOWS: Section 1. Section 2.45.050 shall be added to Chapter 2.45 of the Pahn Springs Municipal Code, which Section 2.45.050 shall be read as follows: loob � . boo:L Ord. No. Page 2 "2.45.005 Public Policv. It is hereby declared as the public policy of the City of Palm Springs that it is necessary to protect and safeguard the right and opportunity of all persons to be free from all forms of arbitrary discrimination as that term is defined herein." Section 2. Section 2.45.010 of the Palm Springs Municipal Code is hereby amended as to Subsection(3), which shall replace that Subsection bearing the same number and shall read as follows: "2.45.010 Definitions. For the purpose of this chapter: (3) "Discrimination" means the treatment of or distinction against a person based on the group,class or category to which that person belongs rather than on individual merit and contrary to federal, state or local law. Discrimination can include discrimination because of race,religion,color,ancestry,national origin,age, gender, sexual orientation, disability, medical condition, marital status, parental status, source of income,HIV status,or any other arbitrary factor." Section 3. Section 2.45.010 of the Palm Springs Municipal Code is hereby amended by adding the following new subsections (4) and (5), before the current subsection (4), and re- numbering each existing subsection(4)through(8)thereafter to (6)through (10),respectively, to reflect the addition of the new subsections (4) and (5), with the remaining prdvisions of Section 2.45.010 being unchanged and in full force and effect: "2.45.010 Definitions. For the purpose of this chapter: (4) "Domestic Partnership"means two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring and refers to those persons who have registered as domestic partners pursuant to a valid and current Statement ofDomestic Partnership on file with the City of Palm Springs under this Chapter 2.45 and where all of the following requirements are met: (a) The partnership is between no more than two persons,each of whom is eighteen(18)years old or older; (b) The persons are not related by blood in a way which would prevent them from being married to each other in the State of California; (c) The persons are not married or a member of another domestic partnership; (d) The persons have agreed to be jointly responsible for their common care,welfare,and basic living expenses in that each partner has agreed to provide for the other partnees basic living expenses if the partner is unable to provide for herself or himself; (e) Each of the persons is competent to enter into a contract or consent to the domestic partnership; (0 Both persons'domicile are in the City ofPalm Springs and they share a common residence, but this does not require that the legal right to possess the residence be in both names; (g) Neither person has officially declared to the City ofPalm Springs that he or she has a different domestic partner nor has previously made and concurrently maintained such declaration to any other jurisdiction;provided that any such prior declaration has been terminated,and,further provided that this shall not bar any such concurrent declaration filed with the Secretary of State of California if such declaration is for the same partner at the Palm Springs domicile; 2760014094•0001 27428.010210M Ord. No. Page 3 (h) The persons have been cohabitating for a period of at least six (6) months; and (i) The persons will complete, sign under penalty of pequry and personally submit to the City Clerk a statement of domestic partnership in the from prescribed under this Chapter 2.45. (5) "Domicile" shall mean the one location the respective person considers to be his or her most settled and permanent location,the place where he or she intends to remain and to which,whenever he or she is absent,to which he or she has the intention of returning." Section 4. Section 2.45 of the Palm Springs Municipal Code is hereby amended by adding subsections 2.45.070 through 2.45.180 to read as follows,with the remaining provisions of Section 2.45 being unchanged and to remain in full force and effect: "2.45.070 Statement of Domestic Partnership. (a)Domestic partners,who meet the qualifications of a Domestic Partnership under this Chapter may make an official record of their Domestic Partnership by completing,signing and submitting in person to the City Clerk,on the form prescribed by the City Clerk,a"Statement of Domestic Partnership" stating that they meet the requirements of this chapter. (b) The Statement shall establish the location of domicile and be signed by both partners under penalty of perjury,with both signatures being notarized. (c) Each domestic partner who submits a Statement of Domestic Partnership with the City Clerk agrees to notify the City of Palm Springs of any change in the status of their domestic partnership. (d) A Statement of Domestic Partnership may be amended to reflect changes, such as a change in address of the partners, by filing in person a new Statement of Domestic Partnership. (e) No person who has a Statement ofDomestic Partnership on file with the City Clerk may file another Statement of Domestic Partnership until a Statement of Termination of Domestic Partnership is filed with the City Clerk in accordance with this Chapter. (f) No Statement of Domestic Partnership shall be deemed effective unless submitted to the City Clerk in accordance with the provisions of this Chapter. 2.45.080 Termination of Domestic Partnership. (a)A domestic partnership is terminated when one of the following occurs:(1)one partner dies or is married,(2) the partners no longer have a common residence,or(3)one partner gives the other written notice by certified mail of termination. Upon the occurrence of such event, at least one former partner shall file with the City a Statement of Termination of Domestic Partnership. (b) Any member of a domestic partnership may terminate the domestic partnership by jointly or unilaterally completing, signing under penalty of perjury and submitting in person to the City Clerk a Statement of Termination of Domestic Partnership in the form prescribed by the City Clerk. (c) A domestic partnership shall be deemed terminated thirty(30)days after the filing of the Statement of Termination of Domestic Partnership and, if applicable,proof that the Statement of Termination was either mailed to,served on 2721LOIs 001 2 2742&01 12MIN9 � 3 Ord.No. Page 4 or personally delivered to the former partner, when such former partner did not appear personally in the City to file the Statement of Termination of Domestic Partnership. (d) No Termination of Domestic Partnership shall be deemed effective unless submitted to the City Clerk in accordance with the provisions of this Chapter. 2.45,090 Fees. (a)No Statement of Domestic Partnership or Statement of Termination of Domestic Partnership shall be accepted by the City Clerk unless accompanied by payment of the filing fee in an amount which may be established from time to time by resolution of the City Council. (b) Payment of filing fees shall entitle the person filing the subject statement to have two(2)copies of said statement certified by the City Clerk. (c) The cost of certification of additional copies of a statement shall be an amount per copy as established by resolution of the City Council. 2.45.100 Maintenance of records: Notarv. The City Clerk shall maintain adequate records of all Statements of Domestic Partnership and all Statements of Termination ofDomestic Partnership alongwithaRegisterofDomesticPgrtnerships. No Statement of Domestic Partnership or Termination shall be valid and binding without the signature and seal of acknowledgement by a notary public. 2,45.110 Legal effect. (a) Registration as a domestic partner under this chapter shall not be evidence of,or establish,any rights existing under law other than those expressly provided hereunder. (b) The filing of a Statement ofDomestic Partnership hereunder shall not change the character of property, real or personal, or interest in real or personal property owned by either domestic partner or both of them,and the formation of a domestic partnership shall not,in and of itself create any interest in or rights to,any property,real or personal,owned by the partner in the other partner,including but not limited to, any rights similar to community property rights or "palimony" rights under common law. (c) The formation of a domestic partnership hereunder shall not change the individual income or estate tax liability of each partner prior to and during the partnership, unless otherwise provided under another state or federal law or regulation. (d) This chapter is not intended to make the California Uniform Partnership Act(California Corporations Code Section 15001,sl aW.)applicable to domestic partnerships. (e) At the election of the partners, they may enter into a durable power of attomcy for any authorized purposes, including but not limited to,health care or the disposition of personal effects at the time of death,provided that the statement complies with the requirements of the Uniform Durable Power of Attorney Act (Article 3, commencing with Section 2475, of Division 3, Part, 4, Title 9 of the California Civil Code). 2.45.120 Health care facility visitations. All health care and psychiatric care facilities located in the City of Palm Springs,including but not limited to hospitals, 276MI40944M1 27428.01 al MIM .. Ord.No. Page 5 convalescent facilities or other long-tern care facilities, shall allow a domestic partner of a patient to visit the patient unless the applicable rules of the facility prohibit all visitors. 2,45,130 Jail visitation rig) . A domestic partner of an inmate in the City of Palm Springs jail shall be allowed to visit the innate unless (1) the applicable rules prohibit all visitors, or (2) the Police Department decides that a particular visitor is a threat to the security of the jail. 2.45.140 City applications.licenses and permits. Persons registered with the City of Palm Springs as domestic partners are entitled to file, on behalf of their domestic partner,any applications,approvals,licenses or permits that the City allows to be filed for any person by that person's spouse. This includes,but is not limited to,all business applications,licenses andpermits;all planning,building and land use applications, licenses and permits; all health, safety and regulatory applications, licenses and permits; and all other municipal applications, licenses, and permits, whatsoever. 2,45,150 Civil actions. Any person or entity defrauded by a false representation in a Statement of Domestic Partnership, an amendment to such Statement or a Statement of Termination of Domestic Partnership may bring a civil action against either or both partners pursuant to the laws of the State of California to recover his,her or its actual losses,damages or injuries. 2,45.160 Reciprocity. The provisions ofand the rights and benefits accorded by this Chapter 2.45 shall be applicable to persons registered as domestic partners in any other jurisdiction with a comparable domestic partnership enactment. Section 5. SEVERABILITY. The City Council declares that, should any provision, section,paragraph,sentence or word of the ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction by reason of any preemptive legislation, the remaining provisions,sections,paragraphs,sentences or words of this ordinance as hereby adopted Shall remain in full force and effect. Section STATE LAW. This Ordinance is intended to be and shall be interpreted to the greatest extent possible so as to be consistent with applicable State laws. Section7. REPEAL OFCONFLICTINGPROVISIONS. All theprovisionsofthe Palm Springs Municipal Code,as heretofore adopted by the City of Palm Springs that are in conflict with the provisions of this ordinance are hereby repealed. Section 8. EFFECTIVE DATE. This ordinance shall take effect thirty (30)days following passage by the City Council and shall supersede any conflicting provision of any City of Palm Springs ordinance. Section. CERTIFICATION. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. 17 270014084-MI 0006_5 2742801 o12NIM 7 - b-� Ord.No. Page 6 ADOPTED this day of , 1999. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS,CALIFORNIA By City Clerk City Manager REVIEWED& APPROVED AS TO FORM: ty Attorney