A response to Policy Order No. O-8 of July 27, 2020, regarding a review of the proposed amendments to Chapter 2.119 of the Municipal Code - the Domestic Partnership Ordinance

Chapter 2.119 - DOMESTIC PARTNERSHIPS

2.119.010 - Recognition and scope. A. The City Council recognizes the diverse composition of its citizenry and values its people. The City Council acknowledges that the people's lives have evolved from when laws governing family relationships were enacted.

Perpetuation of the traditional definitions of "family" excludes a significant segment of the Cambridge population, deprives them of recognition and validation, and denies certain rights that should be afforded to persons who share their homes, their hearts and their lives. The City, recognizing its commitment to nondiscrimination and fair treatment of its citizens and employees, adopts this chapter acknowledging domestic partnerships. B.

The chapter allows persons in committed relationships who meet the criteria established by the City as constituting domestic partnerships to register at the office of the City Clerk and obtain a certificate attesting to their status. The chapter recognizes certain right of access for domestic partners. This chapter, in conformance with the Human Rights Ordinance, which bars discrimination on the basis of sexual orientation, marital status and family status, also equalizes the treatment of City employees.

2.119.020 - Definitions. As used in this chapter: A. "Competent to contract" means eighteen years of age or older, and mentally competent to contract. B. "Dependent" means a minor who lives within the household of a domestic partnership and is: 1. A biological child or adopted child, or foster child of a domestic partner, if the child is not provided with medical insurance coverage by the Commonwealth; 2. A dependent as defined under IRS regulations; or 3.

A ward of a domestic partner as determined in a guardianship proceeding. C. "Domestic partner" means a person who meets the criteria set out in subsection D of this section or who is registered as such in another jurisdiction. D. "Domestic partnership" means the entity formed by two persons who meet the following criteria and jointly file a registration statement proclaiming that: 1. They are in a relationship of mutual support, caring and commitment and intend to remain in such a relationship; and 2.

They reside together; and 32. They are not married to anyone outside the partnership; and 43. They are not related by blood closer than would bar marriage in the Commonwealth of Massachusetts; and 54. They are each other's sole domestic partnerThey are not in a domestic partnership with others outside this partnership; and 65. They are competent to contract; and 76. They consider themselves to be a family. E.

Subsequent to the filing of a registration form, the existence of a "family" relationship may be shown by evidence relevant to the following factors: 1. The manner in which the people live their daily lives;

2. How they hold their relationship out to the world; 3. Their emotional and financial commitment; 4. Their reliance on each other for daily family services; 5. The longevity and exclusivity of their relationship; and 65. Any other factors which may be relevant. F. "Mutual support" means that the domestic partners each contributed in some fashion, not necessarily equally or financially, to the maintenance and support of the domestic partnership. G. "Reside together" means living together in a common household.

A partner may be temporarily absent from the common household, so long as she or he has the intent to return. A partner may own or maintain an additional residence. 2.119.030 - Registration and termination. A. Persons who meet the criteria set out in subsection D of Section 2.119.020 may make an official record of their domestic partnership by filing a domestic partnership registration form with the City Clerk.

The domestic partnership registration shall include the name and date of birth of each of the domestic partners, the address of their common household, and the name and dates of birth of any dependents of the domestic partnership, and shall be signed, under the pains and penalties of perjury, by both domestic partners. B. Domestic partners may amend the domestic partnership registration to add or delete dependents or change the household address.

Amendments to the domestic partnership registration shall be signed, under the pains and penalties of perjury, by both domestic partners. C. A domestic partnership is terminated by the death of a domestic partner or by the filing of a termination statement by a domestic partner. 1. The death of a domestic partner automatically terminates a domestic partnership. 2. A domestic partnership may be terminated by a domestic partner who files with the City Clerk, by hand or by certified mail, a termination statement.

The person filing the termination statement must declare under pains and penalties of perjury that the domestic partnership is terminated and that a copy of the termination statement has been mailed by certified mail to the other domestic partner at his or her last known address. The person filing the termination statement must include on such statement the address to which the copy was mailed. The fee for a domestic partnership termination shall be $5.00. D.

The termination of a domestic partnership shall be effective immediately upon the death of a domestic partner. The voluntary termination of a domestic partnership by a partner shall be effective seven days after the receipt of a termination statement by the City Clerk. Prior to becoming effective, the person who filed the termination statement may withdraw the termination statement in person at the office of the City Clerk.

If the termination statement is withdrawn, the domestic partner shall give notice of the withdrawal, by certified mail, to the other domestic partner. E. If a domestic partnership is terminated by the death of a domestic partner, there shall be no required waiting period prior to filing another domestic partnership.

If a domestic partnership is terminated by one or botha domestic partners, neither other domestic partners in that terminated domestic partnership may not file another domestic partnership until six monthsninety (90) days have elapsed from the date of termination.

(Ord.1294, Amended, 05/22/2006) 2.119.040 - City Clerk—Fees. A. The City Clerk shall collect a reasonable fee for filing a domestic partnership registration. The initial amount for this fee shall be fifteen dollars and it shall be adjusted as necessary to remain consistent with the fee for an application for a marriage license. B.

The City Clerk shall collect the same fee charged for marriage certificates for certified copies of domestic partnership documents, other than the copy of the certificate of domestic partnership issued by the City Clerk to the domestic partners, as provided for in Section 2.119.050. (1280, Amended, 09/27/2004, Section B) 2.119.050 - City Clerk—Records. A.