NUMB:
970691
VERS:
ORIGINAL
REF:
XXBY:
ALD. HENNINGSEN
TITL:
An ordinance relating to funeral leave and health insurance benefits for qualified domestic partners of city officers and employes.
SECS:
350-30-5.5 cr
350-35-5-a am
350-35-5-c-2-a am
350-35-5-c-3 am
350-37-12-d-1 am
350-37-12-d-2 am
350-37-12-e-1 am
350-251 cr
ANLS:
- Analysis -
This ordinance provides for city health insurance and
funeral leave benefits for the "qualified domestic
partners" of city employes. A qualified domestic
partner is an individual who, together with a city
employe, files an affidavit of domestic partnership
with the department of employe relations. The
affidavit states that the individuals are sole
domestic partners, responsible for each other's
common welfare, are of the same sex, are unmarried,
are at least 18 years old, reside together and
jointly own such items as a motor vehicle, credit or
checking account or residential lease. A new
affidavit of domestic partnership cannot be filed
until 12 months after filing an affidavit with a
different partner.
The ordinance specifically requires all contracts for
health care and insurance for city employes to
provide the same benefits for "qualified domestic
partners" as are provided for the spouses of city
employes. The ordinance provides funeral leave for
employes on the death of their qualified domestic
partner on the same terms as funeral leave on the
death of a spouse. When funeral leave is provided for
parents-in-law or children-in-law, the ordinance
provides the same leave for the death of a parent or
child of a qualified domestic partner.
The ordinance requires any person who knowingly
submits false information in connection with a
domestic partner affidavit to repay the city any
expenses incurred because of the falsehood. A city
employe who knowingly submits false information may
be subject to city and departmental disciplinary
action.
BODY:
The Mayor and Common Council of the City of Milwaukee
do ordain as follows:
Part 1. Section 350-30-5.5 of the code is created to
read:
350-30. Hospital and Surgical Care Insurance.
5.5. QUALIFIED DOMESTIC PARTNERS. a. All contracts
for the purchase of hospital and surgical care for
employes and officers of the city shall provide the
same benefits and coverage for the qualified domestic
partners of city officers and employes as are
available to the spouses of city officers and
employes. "Qualified domestic partners" means
individuals who have filed an affidavit of domestic
partnership under s. 350-251.
Part 2. Section 350-35-5-a of the code is amended to
read:
350-35. Leave of Absence Policies.
5. FUNERAL LEAVE. a. Immediate Family. Except for
those positions listed in par. c, funeral leave shall
cover necessary absence from duty of general city
employes because of death in the immediate family of
the employe >>or the death of the employe's qualified
domestic partner<<. "Immediate family" is defined as
husband or wife, child, stepchild, brother, sister,
parent, stepparents, mother-in-law, father-in-law,
brother-in-law, sister-in-law, or grand-child of the
employe. For management and nonmanagement,
nonrepresented employes, "immediate family" also
includes stepparents and stepchildren by virtue of
the employe's current spouse. >>A "qualified domestic
partner" is an individual who has filed an affidavit
of domestic partnership under s. 350-251.<<
Furthermore, eligibility to use stepparent funeral
leave benefits shall be limited to one stepmother and
one stepfather regardless of the number of
stepparents. In the case of a death in the immediate
family >>or the death of a qualified domestic
partner<<, an employe may be granted a leave of
absence not to exceed 3 work days with pay. These
work days shall be limited to work days falling
within the 10 consecutive calendar day period that
begins on the day of death. One day with pay may be
used to attend the funeral of grandparents of the
employe. The provisions of this subsection do not
govern fire and police department positions, employes
holding positions represented by a certified
bargaining unit, except those positions included in
s. 350-237.
Part 3. Section 350-35-5-c-2-a of the code is
amended to read:
c. Funeral Leave for Certain Unrepresented
Noncivilian Fire Department Management Employes.
c-2. Definitions.
c-2-a. "Funeral leave" means absence from duty
because of death of a family member [[or]] >>,<<
relative >>or qualified domestic partner. A
"qualified domestic partner" is an individual who has
filed an affidavit of domestic partnership under s.
350-251.<<
Part 4. Section 350-35-5-c-3 of the code is amended
to read:
c-3. Benefits. c-3-a. An eligible employe covered by
this paragraph shall be granted funeral leave with
pay because of death in his or her immediate family
>>or the death of his or her qualified domestic
partner<< for the time period beginning with the time
of death and including the day of the funeral. The
maximum amount of funeral leave with pay for each
instance of death in the immediate family >>or of a
qualified domestic partner<< shall be 2 work days for
an employe whose normal hours of work exceed 40 hours
per week, and 3 work days for an employe whose normal
hours of work average 40 hours per week.
c-3-b. An eligible employe covered by this paragraph
shall also be granted funeral leave with pay because
of the death of his or her mother-in-law, father-in-
law, son-in-law [[or]] >>,<< daughter-in-law >>or the
parent or child of his or her qualified domestic
partner<<, but such funeral leave with pay shall be
limited to the day of the funeral.
Part 5. Section 350-37-12-d-1 and 2 of the code is
amended to read:
350-37. Sick and Disability Leave.
12. POLICE DEPARTMENT SICK AND DISABILITY PAY.
d. Funeral Leave. d-1. Funeral leave as provided in
this paragraph is expressly for attending the funeral
of a family member [[or]] >>,<< relative >>or
qualified domestic partner. A "qualified domestic
partner" is an individual who has filed an affidavit
of domestic partnership under s. 350-251.<<
d-2. Employes shall be granted leave of absence not
to exceed 3 days with pay, in case of death of a
wife, husband, child, father, mother, sister [[or]]
>>,<< brother >>or qualified domestic partner<<, and
not more than one day with pay in case of death of
mother-in-law, father-in-law, sister-in-law, brother-
in-law, son-in-law, daughter-in-law, grandchild
[[or]] >>,<< employe's grandparents >>or the parent
or child of an employe's qualified domestic
partner<<. Employes entitled to the death-in-family
>>or qualified domestic partner<< benefits shall be
allowed up to one day with pay of travel time if the
site of the funeral is outside of the "no travel time
zone" described on the map attached to common council
File #83-993. In order to become eligible for travel
time, employes must submit satisfactory evidence to
the police department administration indicating that
they attended the funeral and that the site of the
funeral was outside of the "no travel time zone." An
employe eligible for the leave with pay provided
under this subdivision may only use that leave during
the 10 consecutive calendar day period immediately
following the date of the death that occasioned the
employe's request for the leave.
Part 6. Section 350-37-12-e-1 of the code is amended
to read:
e. Illness in Family >>or Domestic Partner<<.
e-1. A leave of absence, with pay for one day, may be
granted by a commanding officer to any member of his
or her command in case of serious illness in his or
her immediate family >>, his or her qualified
domestic partner<< or other extraordinary emergency.
Part 7. Section 350-251 of the code is created to
read:
350-251. Qualified Domestic Partners. 1. A
qualified domestic partner is an individual who has
filed with the department of employe relations an
"affidavit of domestic partnership" together with a
city officer or employe in which they attest that:
a. They are each other's sole domestic partner and
are responsible for each other's common welfare.
b. Each partner is at least 18 years of age,
neither partner is married and the partners are not
related by blood closer than would bar marriage in
Wisconsin.
c. The partners are the same sex and they reside at
the same residence.
d. The city officer or employe has not filed an
affidavit of domestic partnership with another
individual within the immediately preceding 12
months.
f. Two of the following conditions exist for the
partners:
f-1. The partners have been residing together for at
least 12 months prior to filing the affidavit of
domestic partnership.
f-2. The partners have common or joint ownership of a
residence.
f-3. The city officer or employe declares that the
domestic partner is identified as a primary
beneficiary in the officer or employe's will.
f-4. The partners have at least 2 of the following
arrangements:
f-4-a. Joint ownership of a motor vehicle.
f-4-b. A joint credit account.
f-4-c. A joint checking account.
f-4-d. A lease for a residence identifying both
domestic partners as tenants.
g. Each partner agrees to notify the department of
employe relations whenever the domestic partnership
is terminated or there is any other change in the
circumstances which have been attested to in the
affidavit of domestic partnership or any documents
submitted in support of the affidavit of domestic
partnership.
2. Any person who knowingly submits false
information in connection with an affidavit of
domestic partnership shall repay to the city any
expenses incurred by the city because of the false
information. A city officer or employe who knowingly
submits false information in connection with his or
her affidavit of domestic partnership may be subject
to disciplinary action according to city and
departmental personnel rules and procedures.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97446.1
CAW
7/22/97ths prior to filing the affidavit of
domestic partnership.
f-2. The partners have common or joint ownership of a
residence.
f-3. The city officer or employe declares that the
domestic partner is identified as a primary
beneficiary in the officer or employe's will.
f-4. The partners have at least 2 of the following
arrangements:
f-4-a. Joint ownership of a motor vehicle.
f-4-b. A joint credit account.
f-4-c. A joint checking account.
f-4-d. A lease for a residence identifying both
domestic partners as tenants.
g. Each partner agrees to notify the department of
employe relations whenever the domestic partnership
is terminated or there is any other change in the
circumstances which have been attested to in the
affidavit of domestic partnership or any documents
submitted in support of the affidavit of domestic
partnership.
2. Any person who knowingly submits false
information in connection with an affidavit of
domestic partnership shall repay to the city any
expenses incurred by the city because of the false
information. A city officer or employe who knowingly
submits false information in connection with his or
her affidavit of domestic partnership may be subject
to disciplinary action according to city and
departmental personnel rules and procedures.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97446.1
CAW
7/22/97 Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97446.1
CAW
7/22/97