[HISTORY: Adopted by the Common Council of the City of Buffalo 2-16-2010, effective 4-1-2010. Amendments
noted where applicable.]
GENERAL REFERENCES
Records — See Ch. 361.
A.
It is the intention of the Common Council of the City of Buffalo
to establish a mechanism by which those who choose not to or are legally
prohibited from marrying can express and document their commitment
to each other as domestic partners. The Common Council deems it is
appropriate and fair that certain societal benefits and privileges
now accorded to those who are in a legally recognized partnership
be available to domestic partners.
B.
This legislation is intended to define the term "domestic partnership"
and establish a registry for residents wishing to acknowledge said
relationships.
A.
A domestic partnership shall exist between two persons who execute
and file with the City Clerk of the City of Buffalo a statement of
domestic partnership in which each individual as to him or herself
declares, under penalties of perjury that:
(1)
The individuals are at least 18 years of age.
(2)
The individuals are competent to enter into a contract.
(3)
The individuals are not married in any jurisdiction.
(4)
The individuals are committed to the physical, emotional and financial
care and support of each other.
(5)
The individuals are financially interdependent.
(6)
The individuals have represented to persons outside their domestic
partnership that they are domestic partners.
(7)
The individuals are each other's sole domestic partner, and
each has no other domestic partner.
(8)
The individuals intend to remain each other's sole domestic
partner.
(9)
The individuals have not terminated a statement of domestic partnership,
or its equivalent in this or any another jurisdiction, within six
months immediately prior to filing the statement.
(10)
The individuals are not related by blood in a manner that would
bar marriage under the laws of the State of New York.
B.
A statement of domestic partnership shall be executed before the
City Clerk or his authorized designee by both individuals under oath
and penalty of perjury as to each of its declarations and shall be
subscribed by the Clerk or his designee. The City Clerk may require
documentary evidence or testimony under oath in support of one or
more of the declarations, pursuant to regulations promulgated by the
City Clerk.
C.
A statement of domestic partnership shall be executed on a form provided
by the City Clerk and shall be effective as of the date of its filing.
D.
A statement of domestic partnership which contains a false or fraudulent
declaration by either of the individuals executing it shall not be
effective, notwithstanding its filing by the City Clerk, and shall
be voided by the City Clerk; provided, however, that the City Clerk
shall not void a statement of domestic partnership without first providing
the individuals who executed it notice of the alleged false or fraudulent
declaration and an opportunity to explain or rebut the allegations,
pursuant to regulations promulgated by the City Clerk in consultation
with legal counsel.
A.
Either individual in a domestic partnership may terminate the domestic
partnership by executing and filing with the City Clerk a termination
of domestic partnership in which the individual declares the following:
(1)
The domestic partnership has been terminated.
(2)
The individual terminating the domestic partnership has notified
the other domestic partner of the termination in writing.
(3)
Written notice of the termination has been received by the other
domestic partner at least 30 days immediately prior to the filing
of the termination of domestic partnership.
B.
A termination of domestic partnership shall be executed before the
City Clerk or a designee under oath and penalty of perjury as to each
of its declarations and shall be subscribed by the Clerk or his designee.
The City Clerk may require documentary evidence or testimony under
oath in support of one or more of the declarations, pursuant to regulations
promulgated by the City Clerk in consultation with legal counsel.
C.
A termination of domestic partnership shall be executed on a form
provided by the City Clerk and shall be effective as of the date of
its filing.
D.
A termination of domestic partnership which contains a false or fraudulent
declaration by either of the individuals executing it shall not be
effective, notwithstanding its filing by the City Clerk, and shall
be voided by the City Clerk; provided, however, that the City Clerk
shall not void a termination of domestic partnership without first
providing the individuals who executed it notice of the alleged false
or fraudulent declaration and an opportunity to explain or rebut the
allegations, pursuant to regulations promulgated by the City Clerk
in consultation with legal counsel.
E.
A domestic partnership shall terminate, and be deemed null and void,
in the event of the marriage or death of either partner or the application
for another domestic partnership by either partner.
The City Clerk shall charge a nonrefundable fee of $40 for the
filing of a statement of domestic partnership or a termination of
domestic partnership. The City Clerk shall charge a nonrefundable
fee of $40 for providing an additional certified copy of either document.
The City Clerk shall maintain a log of statement of name of
each individual and date of filing in a format designed to facilitate
access to such statements. The log shall be a public record pursuant
to the Freedom of Information Law.[1] The City Clerk shall treat any other information of a
personally identifying nature relating to an individual as a matter
of personal privacy exempt from disclosure under such law.
[1]
Editor's Note: See Public Officers Law § 84
et seq.
A.
The City Clerk shall ensure the confidentiality of information contained
in the registry. In the course of ordinary business, such information
shall be released as follows:
