As used in this chapter, the following terms
shall have the meanings indicated:
CODE
The Code of the Town of Nantucket, as amended.
DEPENDENT
A minor who lives within the household of a domestic partnership
and is:
A.
A biological, adopted or foster child of a domestic
partner; or
B.
A dependent as defined under IRS regulations;
or
C.
A ward of a domestic partner as determined by
a court of law.
DOMESTIC PARTNER
A person who meets the criteria set out in the definition of "domestic partnership" in §
34-2, or who is registered as such in another jurisdiction.
DOMESTIC PARTNERSHIP
The entity formed by two persons who meet the following criteria
and jointly file a registration statement proclaiming that:
A.
They are in a relationship of mutual support,
caring and commitment and intend to remain in such a relationship.
D.
They are not related by blood closer than would
bar marriage in the Commonwealth of Massachusetts.
E.
They are each other's sole domestic partner.
F.
They are competent to contract.
G.
They consider themselves to be a family.
EMPLOYEES
Active and retired employees of the Town, the Nantucket School
Department and the Nantucket Airport Commission eligible for benefits
pursuant to state or municipal law, employment policies or collective
bargaining agreements.
EMPLOYER
The Town and its various department heads, the Town's Personnel
Board, the Nantucket School Department and School Committee, and the
Nantucket Airport Commission and all other Town agencies, boards,
commissions and departments, as appropriate.
MUTUAL SUPPORT
The domestic partners each contribute in some fashion, not
necessarily equally or financially, to the maintenance and support
of the domestic partnership.
RESIDE TOGETHER
Living together in a common household. A partner may be temporarily
absent from the common household, so long as she or he has the intent
to return. A partner may own or maintain an additional residence.
TOWN
The Town of Nantucket.
Persons who have registered their domestic partnership with the Town Clerk pursuant to §
34-3 are entitled to the following rights:
A. Visitation at health-care facilities.
(1) A domestic partner shall have the same visitation
rights as a spouse or parent of a patient at all health-care facilities
operated and maintained by the Town. A dependent shall have the same
visitation rights as a patient's child.
(2) The term "health care facilities" includes Our Island
Home and other similarly operated and maintained hospitals, convalescent
facilities, mental health care facilities, nursing homes, and other
short- and long-term care facilities operated and maintained by the
Town.
B. Visitation at correctional facilities.
(1) A domestic partner shall have the same visitation
rights at all correctional facilities operated and maintained by the
Town as a spouse or parent of a person in custody. A dependent shall
have the same visitation rights afforded to the child of a person
in custody.
(2) The term "correctional facilities" includes, but is
not limited to, holding cells, jails and juvenile correction centers
operated and maintained by the Town.
C. Access to children's school records and personnel.
(1) A domestic partner who is also the custodial parent
or legal guardian of a child may file a school authorization form
at, or send a letter to, the child's school to indicate that the parent's
domestic partner shall have access to the child's records, access
to school personnel in matters concerning the child and access to
the child, including the right to remove such child from the school
for sickness or family emergency. The school shall afford such person
access as directed by the child's parent.
(2) When a domestic partnership is terminated pursuant to §
34-3, it is the responsibility of the parent or guardian to notify the school, in writing, of the termination of rights of the former domestic partner.
(3) As used herein, the term "school" shall only include
facilities owned and operated by the Town and shall include, but shall
not be limited to, high schools, vocational schools, junior high and
middle schools, elementary schools, preschools and preschool programs,
after-school programs and day-care programs, provided that such are
owned and operated by the Town.
All rights, privileges and benefits extended
to domestic partnerships registered pursuant to this chapter shall
also be extended to domestic partnerships registered pursuant to similar
laws in other jurisdictions.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
No person shall discriminate or retaliate against a person who seeks the benefit of this chapter, registers or makes a statement pursuant to its provisions, or assists another person in obtaining the benefits of this chapter. Any person who so discriminates or retaliates shall be penalized in accordance with the provisions of Chapter
1 of the Code. The provisions of this chapter shall be enforced by the Nantucket Select Board or its designee.
The provisions of this chapter are severable.
If any of its provisions are held invalid by a court of competent
jurisdiction, all other provisions shall continue in full force and
effect.