[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck 1-6-2004 by L.L. No. 2-2004 (Ch.
94 of the 1976 Code). Amendments noted where applicable.]
Significant changes in our society have resulted in the creation of
diverse living arrangements and the emergence of an expanded concept of the
family unit. Often today, two persons, with or without children, live as families,
in enduring committed relationships other than marriages. The Village has
an interest in supporting those caring, committed, and responsible family
units. The Village also recognizes that it is in the public interest for two
persons in committed relationships and who share common households to be able
to register those relationships formally.
As used in this chapter, the following terms shall have the meanings
indicated:
An affidavit, as approved by the Village Clerk, substantially in
the form set forth in this chapter.
A document signed by the Village Clerk stating that two persons have
registered with the Village as domestic partners pursuant to this chapter.
A person who is:
Unmarried and of the age of 18 years or older, and competent to contract;
Unrelated by blood to his or her domestic partner in a manner that would
bar their marriage in New York State; and
Sharing a common household with the person's domestic partner in a close
and committed, financially interdependent, personal relationship.
A marriage as defined in § 10 of the New York State Domestic
Relations Law.
The Village of Great Neck.
A.
Two persons may register as domestic partners if, on
the date of the initial registration, they are residents of the Village or
at least one partner is employed by the Village.
B.
Persons desiring to register as domestic partners shall
file an affidavit of domestic partnership in the office of the Village Clerk.
C.
Persons submitting an affidavit of domestic partnership
must declare under penalty of perjury that:
(1)
Each of such persons is a resident of the Village, or
at least one such person is employed by the Village, on the date of registration;
(2)
Neither person is married;
(3)
Each of such persons is 18 years of age or older;
(4)
Each of such persons is competent to enter into a contract;
(5)
Each of such persons is unrelated by blood to his or
her domestic partner in a manner that would bar marriage in New York State;
(6)
Both persons share a common household;
(7)
Both persons are in a close and committed, financially
interdependent, personal relationship and intend to remain in the relationship;
(8)
Each person is the other's sole domestic partner, each
has no other domestic partner and each intends to remain the other's sole
domestic partner;
(9)
Neither person has terminated a previous domestic partnership
within the 60 calendar days immediately prior to the filing of the affidavit
of domestic partnership, or such previous domestic partner is deceased; and
(10)
Each person agrees to file an affidavit of termination
in the event that the domestic partnership is terminated.
All affidavits relating to the domestic partnership shall be executed
in a form approved by the Village Clerk. Such affidavits shall contain the
following information and shall be in substantially the following form:
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We, the undersigned, do hereby declare ourselves to be domestic partners.
We reside in the Village of Great Neck, or one of us is employed by the Village
of Great Neck. We are each eighteen years of age or older, unmarried and competent
to enter into a contract. We are not related to each other by blood in a manner
that would bar marriage under the laws of the State of New York. We share
a common household. We are in a close and committed, financially interdependent
personal relationship and intend to remain in the relationship. We are each
other's sole domestic partner, have no other domestic partner, and intend
to remain each other's sole domestic partner. Neither of us has terminated
another domestic partnership within the last 60 calendar days, or such previous
domestic partner is deceased. Each of us agrees to file a termination statement
in the event that this domestic partnership is terminated.
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At any time during the period in which the filing of a domestic partnership
registration is in effect, either domestic partner may file an affidavit amending
an affidavit of domestic partnership previously filed with the Village Clerk
to reflect a change in the information previously provided to the Village
Clerk.
In addition to termination pursuant to any other provision of this chapter,
a domestic partnership registration shall terminate immediately, except as
otherwise provided, upon the first of the following events to happen:
A.
The death of one of the domestic partners (which death
shall not automatically terminate any benefits extended by third parties on
account of such domestic partnership);
B.
The marriage of one of the domestic partners;
C.
The filing by either or both domestic partners of an
affidavit, in a form approved by the Village Clerk, declaring that one or
more members of the domestic partnership is no longer eligible to be a domestic
partner or that, for any other reason, the domestic partnership is terminated.
In the event such form is filed by only one domestic partner, the terminating
partner shall attest upon filing that he or she has sent a written notice
that he or she is terminating the partnership to the other partner, addressed
to the other partner's last known address, by certified or registered mail,
return receipt requested. The termination of any domestic partnership pursuant
to this subsection by only one of the domestic partners shall be effective
30 calendar days after the date of the filing of the executed affidavit of
termination with the Village Clerk.
When a domestic partnership has been terminated pursuant to this chapter,
no new domestic partnership involving either of the parties to the terminated
domestic partnership shall be registered pursuant to this chapter until at
least 60 calendar days after the effective date of the termination. However,
no waiting period shall apply where the previous domestic partnership was
terminated by reason of the death of a previous domestic partner.
The Board of the Trustees of the Village, by resolution, may establish
reasonable fees to be charged for the filing, amendment to, or termination
of a domestic partnership registration and for additional certified copies
of a certificate of domestic partnership. Upon payment of the aforesaid fee,
the domestic partner filing the document shall be entitled to receive two
certified copies of a certificate of domestic partnership.
A.
When a domestic partnership has ended, one or both of
the domestic partners shall file an affidavit of termination with the Village
Clerk within 30 days of the event that caused the end of the partnership.
B.
Within 30 days after the filing with the Village Clerk
of any amendment to or termination of a domestic partnership, one or both
of the domestic partners shall give notice thereof to any party who previously
was given a copy of the certificate of domestic partnership in order to obtain,
secure, or confirm any right.
A.
The Village Clerk shall maintain a log of registration,
amendments, and terminations of domestic partnership registration, indexed
by name of each domestic partner, and the date of filing, in a format designed
to facilitate access to such statements.
B.
Nothing herein shall be construed to prohibit the publication
of statistics pertaining to domestic partnership registrations that have been
filed with the Village Clerk.
A.
Nothing in this chapter shall be deemed to supersede,
alter, affect, or conflict with any other applicable state, county, or federal
laws, rules, or regulations.
B.
Nothing in this chapter shall be deemed to provide any
greater fringe benefits to employees of the Village than are otherwise provided
by virtue of the specific terms of such fringe benefit policies.
