[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:
- AFFIDAVIT OF DOMESTIC PARTNERSHIP
- An affidavit, as approved by the Village Clerk, substantially in the form set forth in this chapter.
- CERTIFICATE OF DOMESTIC PARTNERSHIP
- A document signed by the Village Clerk stating that two persons have registered with the Village as domestic partners pursuant to this chapter.
- DOMESTIC PARTNER
- A person who is:
- A. Unmarried and of the age of 18 years or older, and competent to contract;
- B. Unrelated by blood to his or her domestic partner in a manner that would bar their marriage in New York State; and
- C. 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.
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.
Persons desiring to register as domestic partners shall file an affidavit of domestic partnership in the office of the Village Clerk.
Persons submitting an affidavit of domestic partnership must declare under penalty of perjury that:
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;
Neither person is married;
Each of such persons is 18 years of age or older;
Each of such persons is competent to enter into a contract;
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;
Both persons share a common household;
Both persons are in a close and committed, financially interdependent, personal relationship and intend to remain in the relationship;
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;
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
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:
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:
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);
The marriage of one of the domestic partners;
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.
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.
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.
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.
Nothing herein shall be construed to prohibit the publication of statistics pertaining to domestic partnership registrations that have been filed with the Village Clerk.
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.
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.