(a)
Statement of Policy. Although domestic partners live in an intimate and committed family
relationship, they are often denied public and private sector benefits
because no mechanism has been established for registering their relationship.
Consequently, domestic partners are often subject to marital status
discrimination in employment, housing, public accommodations, and
hospital and jail visitation privileges. The purpose of this Chapter
is to create a mechanism for recognizing the intimate, committed relationships
of domestic partners and thereby provide a means of eliminating the
discrimination that domestic partners face; and to recognize domestic
partners' equality with spouses.
(b)
Equality with Spouses. Domestic partners shall have the same rights, protections, and benefits
as are granted to spouses.
(Added by Ord. No. 1821CCS § 2, adopted 10/17/95; amended by Ord. No. 2438CCS § 2, adopted 8/27/13)
The following words or phrases as
used in this Chapter shall have the following meanings:
Affidavit of domestic partnership.
A document executed by two persons under penalty of perjury
in which they declare that they are a domestic partnership as defined
in this Chapter. This document shall be provided by the City.
Basic living expenses.
The cost of basic necessities including food and shelter.
The individuals need not contribute equally or jointly to the cost
of these expenses as long as they agree that both are responsible
for the costs.
Domestic partnership.
A relationship between two persons in which the following
is true:
(1)
The persons live together;
(2)
The persons share basic living expenses
and agree to be jointly responsible for these expenses;
(3)
The persons are not related by blood
closer than would bar marriage in the State of California;
(4)
Neither person is married;
(5)
The persons are eighteen years of
age or older;
(6)
The persons are each other's sole
domestic partner and intend to remain so indefinitely;
(7)
The persons have an intimate, committed
relationship of mutual caring;
(8)
The persons have completed and executed
an Affidavit of Domestic Partnership which is currently on file with
the Clerk's office and this Affidavit has not been revoked; and
(9)
Neither person has had a different
domestic partner in the six months prior to executing the Affidavit
of Domestic Partnership, unless the termination of the previous domestic
partnership was due to the death of a domestic partner.
Jointly responsible.
Each domestic partner agrees to provide for the other's basic
living expenses while the domestic partnership is in effect. The partners
need not contribute equally or jointly to basic living expenses. A
landlord who is owed basic living expenses can enforce the partners'
agreement.
Live together.
Two people share the same principal place of residence and
intend to do so indefinitely. It is not necessary that the legal right
to possess this residence be in both of their names. One or both of
the people may have additional living quarters.
(Added by Ord. No. 1821CCS § 2, adopted 10/17/95)
(a)
Affidavit of Domestic Partnership. An Affidavit of Domestic Partnership must be filed with the Clerk's
office to establish the domestic partnership.
(b)
Amendment to Affidavit. A domestic partner may amend an Affidavit of Domestic Partnership
filed with the City Clerk at any time to show a change of his or her
mailing address or to show a change in the principal place of residence
of the domestic partnership.
(c)
Revocation of Domestic Partnership. When a domestic partnership has ended, other than by death of one
of the domestic partners, one or both of the partners shall file a
Notice of Revocation of Domestic Partnership with the City Clerk's
office on a form prepared by the City.
(d)
Maintenance of City Clerk's
Records. The City Clerk shall keep a record of all affidavits,
amendments and revocations. The records shall be maintained so that
amendments and revocations are filed with the affidavit to which they
apply.
(e)
Filing Fees.
(1)
The City Clerk shall charge a separate
fee for filing an Affidavit of Domestic Partnership, a Notice of Revocation
of Domestic Partnership, and an amendment to an Affidavit of Domestic
Partnership. The amount of these fees shall be determined by resolution
of the City Council.
(2)
Payment of a filing fee entitles
the person filing an Affidavit of Domestic Partnership, a Notice of
Revocation of Domestic Partnership, or an amendment to have two copies
of the filed document certified by the City Clerk. Certification of
additional copies shall cost an additional amount per copy to be determined
by resolution of the City Council.
(Added by Ord. No. 1821CCS § 2, adopted 10/17/95)