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HomeMy WebLinkAboutO-13073Vop City of Miami W F .. * 15611is,F 1:A111 *'Ir Legislation i 0 R �O Ordinance: 13073 File Number: 09-00228 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/11/2009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE A NEW CHAPTER ENTITLED "HUMAN RELATIONS", TO PROVIDE RECOGNITION OF DOMESTIC PARTNERSHIPS OF CITY EMPLOYEES; AND CREATING ARTICLE I ENTITLED "DOMESTIC PARTNERSHIPS AND BENEFITS" TO SET FORTH THE RIGHTS AND LEGAL EFFECTS OF SUCH PARTNERSHIPS; PROVIDING EMPLOYMENT BENEFITS TO CITY OF MIAMI EMPLOYEES AND THEIR DOMESTIC PARTNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Miami to be responsible to the changing needs of society and to treat all persons fairly and equitably; and WHEREAS, the City of Miami Commission recognizes that long-term committed relationships foster economic stability and emotional and psychological bonds; and WHEREAS, the City of Miami Commission wishes to support such long-term committed relationships by providing certain benefits to City employees and their domestic partners; and WHEREAS, the City of Miami Commission finds that employment benefits form an essential portion of the compensation provided to City employees; and WHEREAS, the City of Miami Commission finds that the provision of domestic partner benefits promotes employee recruitment, employee retention, and employee loyalty; and that the provision of such benefits promotes fairness and serves to address the discriminatory effect of practices which deny such benefits solely upon the basis of an employee's familial or marital status. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A Chapter of the Code of the City of Miami, Florida, as amended, entitled "Human Relations", is added: {1} "CHAPTER HUMAN RELATIONS City of Miand Page 1 of 3 File Id. 09-00228 (Version: 2) Printed On: 6/22/2017 File Number: 09-00228 Enactment Number: 13073 ARTICLE I. DOMESTIC PARTNERSHIPS AND BENEFITS Leaislative findinas and Duraose (a) The City of Miami recognizes that a significant number of City of Miami employees establish and maintain important personal, emotional, and economic relationships with persons to whom they are not married; that individuals forming such domestic partnerships live in a committed family relationship; and that City employees in domestic partner relationships should be granted employment benefits through a system for the City to provide benefits to domestic partners of City employees. (b) The implementation of the provisions of this article shall be liberally construed to accomplish the policies and purposes of the article. However, no construction of this article shall supersede any federal, state, or city laws or regulations, nor be interpreted in a manner as to bring it into conflict with federal, state, or other city laws. Nothing in this article shall be construed as recognizing or treating a domestic DartnershiD as a marriaae or the substantial eauivalent of a marriaae. ARTICLE I. DOMESTIC PARTNERSHIPS AND BENEFITS Section 1. Definitions. For the purpose of this article: (a) City employee means any employee of the City of Miami. (b) Domestic partners means (1) adults who have registered their domestic partnership pursuant to Miami -Dade City Code section 11A-72 or (2) adults whose relationship has been formalized in another locality, state, or country through a marriage, civil union, domestic partnership, or the like, that is authorized by law in that jurisdiction but that is not recognized under Florida law. Section 2. Extension of benefits to domestic partners of City employees. (a) Any City employee who has a domestic partner shall be entitled to elect insurance coverage for his or her domestic partner or the children of such domestic partner in the same way any City employee may elect insurance coverage for his or her spouse or children. A City employee's right to elect insurance coverage for his or her domestic partner, or the partner's children, shall extend to all forms of insurance provided to the spouses and children of City employees, unless such coverage is prohibited by state or federal law or the terms of a collective bargaining agreement. All elections of coverage shall be made in accordance with the requirements of applicable city ordinances, administrative rules, city policies and applicable collective bargaining agreements. However, in no event may an employee make an election for coverage of a domestic partner more than two (2) times in a plan year. emDlovee who has a domestic Dartner shall be entitled to use all forms of leave City of Miand Page 2 of 3 File Id. 09-00228 (Version: 2) Printed On: 6/22/2017 File Number: 09-00228 Enactment Number: 13073 provided by the City including, but not limited to, sick leave, annual leave, funeral leave and family leave to care for his or her domestic partner or the children or parents of the domestic partner, as applicable. The use of leave authorized in this section shall be consistent with the applicable reauirements in citv ordinances. administrative rules. and collective baraainina aareements. (c) Unless prohibited by state or federal law or the terms of a collective bargaining agreement, all other benefits available to the spouses and children of City employees shall be made available on the same basis to the domestic partner, or child of such domestic partner, of a City employee who has a domestic partner. (d) Notwithstanding the benefits provided for in this article, all non -inconsistent provisions of applicable state, federal or other laws or policies shall apply. (e) Any City employee who obtains or attempts to obtain benefits fraudulently or who fails to notify the City of Miami of any termination of the Domestic Partnership under this provision shall be subject to: (1) Recovery of any benefits improperly paid and; DisciDlinary action which may include termination. Further, the City of Miami may bring a civil action against either or both of the parties to the Domestic Partnership to recover any losses, including attorneys fees, borne by the City as a result of fraudulent reauest for domestic DartnershiD benefits or because of failure to notifv of the termination of the domestic partnership. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective as of October 1, 2009.{2} Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date state herein, whichever is later. City of Miami Page 3 of 3 File Id. 09-00228 (Version: 2) Printed On: 6/22/2017