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Cleveland Heights Domestic Partner Ordinance

Reprinted from the Minutes of the Cleveland Heights City Council Meeting of Monday, April 15, 2002. Council Minutes are available on the City of Cleveland Heights Web site: City of Cleveland Heights (Link will open in a new browser window.)

Proposed: 4/1/02

Ordinance No. 49-2002(A S) Second Reading

An Ordinance amending Chapter 139 Employees Generally of the Codified Ordinances of the City of Cleveland Heights to enact a new Section 139.24 to be entitled "Domestic Partnerships".

WHEREAS, the City of Cleveland Heights historically has been committed to developing and maintaining a community of peoples who are diverse in race religious belief ethnic background age and cultural tradition; and

WHEREAS, by Ordinance No. 154-1994 this Council extended existing Code provisions regarding discrimination to prohibit discrimination based upon sexual orientation; and

WHEREAS, currently approximately 137 state and local governments 164 colleges and universities 161 Fortune 500 companies and almost 4 000 other private companies non-profits and unions provide health insurance and other benefits to their employees' domestic partners; and

WHEREAS, in order to remain competitive in the recruitment and retention of the best employees for the City and to ensure that the terms conditions and privileges of City employment are applied equally to all City employees similarly situated this Council has determined to provide employment benefits to employees in registered domestic partnerships.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cleveland Heights Ohio that:

Chapter 139 Employees Generally shall be and hereby is amended to enact a new Subsection 139.24 which shall read as follows:

139.24 DOMESTIC PARTNERSHIPS.

(a) The City Manager shall establish a written procedure by which employees may register their same-sex domestic partners with the Office of Human Resources in order to secure the benefits of this section. The City Manager shall promulgate in writing the criteria necessary to establish a domestic partnership which shall inclue without limitation the sharing of a common residence for at least one year financial interdependence competence to contract and an exclusive relationship. Registration shall be by affidavit with supporting documentation as requested by the City Manager.

(b) For the purpose of the following benefits employees and their domestic partners registered pursuant to subsection (a) shall be treated in the same manner as employees and their spouses: health insurance dental insurance FMLA leave sick leave and bereavement leave.

(c) An employee's registered domestic partner and the partner's family shall be considered as "relatives" with respect to City policies prohibiting the employment of relatives in specified positions.

Section 2 eligibility for health and dental insurance benefits shall com-mence at the next open enrollment period.

Section 3 notice of the passage of this Ordinance shall be given by publishing the title and abstract of its contents prepared by the Director of Law once in one newspaper of general circulation in the City of Cleveland Heights.

Section 4 this Ordinance shall take effect and be in force from and after the earliest time allowed by law.

EDWARD J. KELLEY, Mayor
President of the Council

THOMAS K. MALONE
Clerk of Council

PASSED: 6:1

Favor: Kelley
Wilcox
Dietrich
Montlack
Evans
Caplan

Opposed: Hicks