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City of Olivette, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2457 §1, 7-26-2011]
As used in this Chapter, the following words and terms shall have the meanings set out herein:
DECLARATION OF REGISTERED DOMESTIC PARTNERSHIP
A sworn declaration filed under penalty of perjury with the City Clerk's office according to the procedures set forth in Sections 245.030—245.040 which certifies that said individuals meet the requirements of a Registered Domestic Partnership as set forth in Section 245.030.
DEPENDENT
A person who resides within the household of a Registered Domestic Partnership and is:
1. 
A biological, adopted, or foster child of a registered domestic partner; or
2. 
A dependent as defined under IRS regulations; or
3. 
A ward of a registered domestic partner as determined in a guardianship or other legal proceeding; or
4. 
A child for who a registered domestic partner stands in loco parentis (i.e. a child who substantially relies on a Registered Domestic Partner for his or her well-being).
DOMESTIC PARTNERS
Will be deemed to be members of each other's immediate family and share responsibility for each other's common welfare if they execute a Declaration of Registered Domestic Partnership affirming that such facts are true.
DOMESTIC PARTNERSHIP
A relationship between two (2) adults who consider themselves to be members of each other's immediate family, share a common residence and affirm that they share responsibility for each other's common welfare.
SHARE A COMMON RESIDENCE
Both adults share the same primary residence. It is not necessary that both domestic partners have title to the property where they reside or the legal right to possess the common residence. Two (2) people may share a common residence even if one (1) or both have additional residences. Domestic partners do not cease to share a common residence if one (1) or both leave the common residence but intend to return.
[Ord. No. 2457 §1, 7-26-2011]
There is hereby created in the City of Olivette, Missouri, a Domestic Partnership Registry which shall be maintained by the office of the City Clerk.
[Ord. No. 2457 §1, 7-26-2011]
A. 
To establish a domestic partnership, both individuals must file a declaration of registered domestic partnership with the City affirming that they meet all of the following qualifications:
1. 
Both individuals share a common primary residence;
2. 
Both individuals affirm that they share responsibility for each other's common welfare;
3. 
Neither individual is married to a third (3rd) party;
4. 
Neither individual is part of an existing domestic partnership with any third (3rd) party; and
5. 
Each individual is eighteen (18) years of age or older.
[Ord. No. 2457 §1, 7-26-2011]
A. 
Filing Location. Two (2) individuals seeking to become domestic partners must complete and file a Declaration of Domestic Partnership with the Office of the City Clerk.
B. 
Filing Prohibition. No individual who has previously filed a Declaration of Domestic Partnership in this City may file a new declaration of domestic partnership until a notice of termination of Domestic Partnership has been filed with the City. The prohibition shall not apply if the previous domestic partnership ended because one (1) of the domestic partners is deceased.
[Ord. No. 2457 §1, 7-26-2011]
A. 
Registration Forms. The office of the City Clerk shall develop "Declaration of Domestic Partnership" and "Notice of Termination of Domestic Partnership" forms, and shall not add to or alter the requirements listed in Section 245.030 of this Chapter.
B. 
Registration Requirements. The "Declaration of Domestic Partnership" form shall require each registrant to:
1. 
Affirm that he or she meets the requirements of Section 245.030 of this Chapter;
2. 
Provide the mailing address of the common primary residence;
3. 
Sign the form under penalty of perjury; and
4. 
Have a notary public acknowledge his or her signature.
C. 
Availability Of Forms. The City shall have declaration and termination forms available at the office of the City Clerk.
D. 
Partnership Registration. The City shall register the declaration of domestic partnership in a registry and return a copy of the declaration form to the domestic partners at the address provided as their common residence.
E. 
Termination Registration. The City shall register the notice of termination of domestic partnership pursuant to the requirements set forth in Section 245.060 of this Chapter.
F. 
Registration Fee. The fee shall be forty-five dollars ($45.00) to register or terminate the registration of a domestic partnership.
[Ord. No. 2457 §1, 7-26-2011]
A. 
Termination. A domestic partnership ends when:
1. 
One (1) of the domestic partners dies, marries, or enters into a civil union or registered domestic partnership with someone other than his or her registered domestic partner; or
2. 
A notice of termination of domestic partnership has been filed by one (1) or both domestic partners with the City.
B. 
Notice Of Termination. If the facts affirmed in the declaration of domestic partnership cease to be true, one (1) or both parties to a domestic partnership shall file a notice of termination of domestic partnership with the office of the City Clerk. Upon receipt, the City shall return a copy of the notice marked filed to each of the partners, if jointly filed; or two (2) copies to the filing partner. Unless the partners jointly file the notice, the partner filing the notice shall, within five (5) days, send a copy of the filed notice to the other partner's last known address. However, this requirement shall not apply if the termination is due to the death of one (1) of the domestic partners.
C. 
Effective Termination Date. Termination of a domestic partnership shall be effective upon filing of the notice of termination of domestic partnership with the City by one (1) or both partners, or on the date of the death of one (1) of the domestic partners.
D. 
Notice To Third Parties. Following the termination of a domestic partnership, each former domestic partner who has received or qualified for any benefit or right based upon the existence of a domestic partnership and whose receipt of that benefit or enjoyment of that right has not otherwise terminated, shall give prompt notification to any third (3rd) party who provides such benefit or right that the domestic partnership has terminated.
E. 
Failure To Give Notice. Failure to provide notice to third (3rd) parties as prescribed in this Section shall not delay or prevent the termination of the domestic partnership.
[Ord. No. 2457 §1, 7-26-2011]
A. 
Proof Of Domestic Partnership. The declaration of domestic partnership may qualify as proof of a relationship for public and private employers, businesses, universities and other organizations for purposes of acquiring any available domestic partnership benefits.
B. 
Historical Record Of Relationship. The declaration of domestic partnership will serve as public record of the domestic partners' relationship.
C. 
Employee Benefits. Registration of a domestic partnership by a City of Olivette employee will allow the employee's registered domestic partner to become eligible for the following benefits: health insurance, paid sick leave, family medical leave, bereavement leave, and participation in employee assistance programs, as well as any future rights and benefits that the City may deem available to employees' spouses.
D. 
Notification Of Family Members. In any situation providing for mandatory or permissible notification of family members in an emergency or when permission is granted to inmates to contact family members, "notification of family" shall include registered domestic partners.
E. 
Use Of And Access To Facilities. All facilities owned and operated by the City, now or in the future, including, but not limited to, recreational facilities, shall allow the registered domestic partner of a user, and his or her dependants, to be included in any rights and privileges accorded a spouse and children for purposes of use and access to City facilities.
F. 
Occupancy And Tenancy. Registered domestic partners shall qualify as "related persons" for purposes of determining residential occupancy. Registered domestic partners shall qualify as a "family member" entitled to succeed to the tenancy or occupancy rights of a tenant or cooperator in buildings under the jurisdiction of the City Housing/Land Clearance Authority.
G. 
Equal Credit And Lending. Registered domestic partners shall be treated as spouses for the purposes of credit and lending through the City and within City limits.
[Ord. No. 2457 §1, 7-26-2011]
A. 
Restriction Of Rights Unlawful. It shall be a violation of this Chapter for any person to knowingly interfere with the registration of any qualified individual as a domestic partner or to limit or restrict in any manner any right of a domestic partner as provided in Section 245.070 of this Chapter. Any person convicted of a violation of this Chapter shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by a term of imprisonment of not more than ninety (90) days, or by a combination of both a fine and imprisonment.
B. 
Private Right Of Action. A registered domestic partner may enforce the rights conferred herein by filing a private action against a person or entity in a court of competent jurisdiction for declaratory relief, injunctive relief, or both.
[Ord. No. 2457 §1, 7-26-2011]
All rights, privileges and benefits extended to registered domestic partnerships registered pursuant to this Chapter shall also be extended to all persons legally partnered in another jurisdiction.