REPORT OF THE COMMITTEE ON HUMAN
RELATIONS
The Honorable,
The Board of Commissioners of
ATTENDANCE
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Present: |
Chairman Quigley, Commissioners Collins, Maldonado and
Suffredin (4) |
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Absent: |
Vice Chairman Silvestri, Commissioners Peraica and Steele
(3) |
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Also
Present: |
Patrick Driscoll, Jr. – |
Ladies and
Gentlemen:
Your Committee on Human Relations of
the Board of Commissioners of Cook County met pursuant to notice on
Your Committee has considered the
following items and upon adoption of this report, the recommendations are as
follows:
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294614 |
AMENDMENT TO THE The following is a synopsis of the Proposed Resolution
Amendment: PROPOSED RESOLUTION AMENDMENT AN AMENDMENT TO THE COOK
DOMESTIC PARTNERSHIP BENEFITS
RESOLUTION
WHEREAS, the Cook County Board of
Commissioners is committed to fairness and nondiscrimination in the
workplace; and WHEREAS, the County of Cook, Illinois
(“County”) is a home rule unit pursuant to Section 6(a) of Article VII of the
1970 Constitution of the State of Illinois and is constitutionally authorized
to exercise any power and perform any function pertaining to its government
and affairs; and WHEREAS, the recruitment, hiring,
retention and compensation of County Employees and the terms, privileges and
conditions of their employment are matters pertaining to the County’s
government and affairs; and WHEREAS, many private companies, including
approximately 500 Fortune 1000 companies, and many units of local government,
as well as numerous colleges and universities, provide health insurance and
other benefits to Employees for their domestic partners; and WHEREAS, the County desires to offer
benefits similar to benefits offered by private employers and other public
employers to allow the County to attract and retain high quality public
sector employees; and WHEREAS, the County has home rule
authority to provide NOW, THEREFORE, BE
IT RESOLVED BY THE BOARD OF COMMISSIONERS OF SECTION I. TITLE SECTION II. DEFINITIONS SECTION III. BENEFITS AND ELIGIBILITY SECTION IV. RULES AND REGULATIONS SECTION V. SEVERABILITY SECTION VI. EFFECTIVE DATE
*Referred to the Committee on Human Relations on |
Commissioner Suffredin, seconded by
Commissioner Maldonado, moved the approval of Communication No. 294614. The motion carried.
(Comm. No. 294614)
Sponsored by
THE HONORABLE TODD H.
STROGER, PRESIDENT,
COOK
THE HONORABLE FORREST
CLAYPOOL, ROBERTO MALDONADO AND
LARRY SUFFREDIN,
WHEREAS, the Cook County Board of
Commissioners is committed to fairness and nondiscrimination in the workplace;
and
WHEREAS, the County of Cook,
Illinois (“County”) is a home rule unit pursuant to Section 6(a) of Article VII
of the 1970 Constitution of the State of Illinois and is constitutionally
authorized to exercise any power and perform any function pertaining to its
government and affairs; and
WHEREAS, the recruitment, hiring,
retention and compensation of County Employees and the terms, privileges and
conditions of their employment are matters pertaining to the County’s
government and affairs; and
WHEREAS, many private companies,
including approximately 500 Fortune 1000 companies, and many units of local
government, as well as numerous colleges and universities, provide health
insurance and other benefits to Employees for their domestic partners; and
WHEREAS, the County desires to offer
benefits similar to benefits offered by private employers and other public
employers to allow the County to attract and retain high quality public sector
employees; and
WHEREAS, the County has home rule
authority to provide
NOW, THEREFORE, BE IT RESOLVED BY
THE BOARD OF COMMISSIONERS OF
SECTION I - TITLE
This Resolution shall be known and
may be cited as the Cook County Employee Domestic Partnership Benefits
Resolution.
SECTION II - DEFINITIONS
As used in this Resolution:
A. “Affidavit of Domestic Partnership”
means an affidavit in the form specified by the Chief of the Bureau of Human
Resources.
B. “Employee” means a person who receives
compensation from the County and is eligible for Health Insurance Benefits and
Leave Benefits.
C. “Health Insurance Benefits” means all
health insurance coverage, including vision and dental insurance benefits and
employee assistance program benefits that the County provides to its Employees.
D. “Leave Benefits” means leave that the
County provides to its Employees.
E. “Qualified Domestic Partner” means a
person who is the domestic partner of an Employee and who satisfies the
conditions set forth in Section III (C) of this Resolution.
SECTION III - BENEFITS AND ELIGIBILITY
A. An Employee who presents a satisfactory
Affidavit of Domestic Partnership to the Chief of the Bureau of Human Resources
shall be eligible to receive the same Health Insurance Benefits for his or her
domestic partner and the domestic partner’s unmarried dependents as the County
provides to an Employee for his or her spouse and the spouse’s unmarried
dependents.
B. An Employee who presents a satisfactory
Affidavit of Domestic Partnership to the Chief of the Bureau of Human Resources
shall be eligible to receive the same Leave Benefits with regard to his or her
domestic partner or a member of the domestic partner’s immediate family as the
County would provide to an Employee with regard to his or her spouse or a
member of the spouse’s immediate family.
C. An Employee shall be eligible to receive
Health Insurance Benefits and Leave Benefits as set forth above in Section III
(A) and (B) if the Employee and his or her domestic partner state in an
Affidavit of Domestic Partnership that:
1. The
Employee and the domestic partner are each other’s sole domestic partner and
each is responsible for the other’s common welfare; and
2. Neither
the Employee nor the domestic partner is married as marriage is defined
under
3. The
Employee and the domestic partner do not have a blood relationship that would
otherwise bar marriage in the State of
4. Both
the Employee and the domestic partner are at least 18 years of age, are the
same sex, and reside at the same residence; and
5. At
least two of the following four conditions exist:
a. The Employee and the domestic partner have resided together during
the twelve (12) month period preceding the filing of the Affidavit of Domestic
Partnership;
b. The Employee and the domestic partner own a residence in either
common or joint tenancy;
c. The Employee and the domestic partner have at least two of the
following arrangements:
i. A joint title to a motor vehicle;
ii. A joint credit account;
iii. A joint checking account;
iv. A lease for a residence identifying both
the Employee and the domestic partner as tenants;
d. The domestic partner is identified as a primary beneficiary in the
Employee’s will.
6. The Employee and his or her domestic
partner recognize that to remain eligible to receive the Health Insurance Benefits
and Leave Benefits as set forth in Sections III (A) and (B) of this Resolution,
the conditions set forth in the Affidavit of Domestic Partnership must continue
to be satisfied.
D. The Employee must notify the Chief of
the Bureau of Human Resources in writing within thirty (30) days of any change
in the circumstances which have been attested to in the Affidavit of Domestic
Partnership. Within thirty (30) days of receipt of such notice, or as soon as
practicable thereafter, the Chief shall issue a written determination as to
whether the Employee is eligible to receive Health Insurance Benefits and Leave
Benefits as set forth in Section III (A) and (B) above. If the Chief determines that the Employee is
no longer qualified and eligible to receive these benefits, all benefits
accruing to the Employee’s domestic partner and the partner’s dependent
children, except those benefits accruing as a result of the Employee’s death,
shall be terminated no less than thirty (30) days after the date of the Chief’s
written determination. The Chief shall immediately provide written notice to
the Employee and the domestic partner of this termination.
SECTION IV - RULES AND REGULATIONS
The Chief of the Bureau of Human
Resources is authorized to promulgate rules and regulations to effectuate the
purposes of this Resolution.
SECTION V - SEVERABILITY
If any section, paragraph or
provision of this Resolution shall be held to be invalid or unenforceable for
any reason, the invalidity or unenforceability of such section, paragraph or
provision shall not affect any of the remaining provisions of this Resolution.
SECTION VI - EFFECTIVE DATE
This resolution goes into effect immediately upon passage.
Commissioner
Suffredin, seconded by Commissioner Maldonado, moved the approval of
Communication No. 294613.
Commissioner
Suffredin, seconded by Commissioner Maldonado, moved to accept the Proposed Substitute
Ordinance for Communication No. 294613. The
motion carried.
Substitute Ordinance
(Comm. No.
294613)
DOMESTIC
PARTNERSHIP REGISTRY ORDINANCE
Sponsored By
THE
HONORABLE TODD H. STROGER, PRESIDENT,
COOK
COOK
THE HONORABLE FORREST
CLAYPOOL, ROBERTO MALDONADO AND
LARRY SUFFREDIN, COOK
WHEREAS, Our society has created diverse living arrangements and an expanded
concept of the family unit; and
WHEREAS, Many persons today live as families in enduring, committed
relationships other than legal marriages; and
WHEREAS, The County of Cook has an interest in supporting all caring,
committed and responsible family units; and
WHEREAS, The County also recognizes that it is in the public interest
for persons in committed relationships and who share common households to be
able to register those relationships formally; and
WHEREAS, Over 5,000 companies, foundations,
unions, and nonprofit organizations have domestic partnership benefit programs;
and
WHEREAS, Cook County would be providing a
service to those companies, foundations, unions and non-profits in Cook County
by creating an official depository of information with a government agency; and
WHEREAS, A government-issued certificate of
registered domestic partnership makes it easier for small businesses to provide
benefits to all types of families,
THEREFORE, IT IS HEREBY ORDAINED, by the Cook County Board of
Commissioners, AN ORDINANCE to assure that individuals shall be able to
register their domestic partnerships with the Cook County Clerk.
1. A “domestic partnership” shall mean the
relationship of two unmarried adults of the same sex not married
as marriage is defined under
2. A “domestic partner” shall refer to each
person in a domestic partnership.
3. A “registered domestic partnership”
shall mean domestic partnerships which have been properly registered in the
Office of the chapter
ordinance and which have not been terminated under this chapter ordinance.
4. A “registered domestic partner” shall
refer to each person in a registered domestic partnership.
5. An “affidavit of domestic partnership”
shall mean an affidavit prepared by the Office of the chapter ordinance to become
registered domestic partners. The
procedures of the
6. An “affidavit of termination” shall mean
an affidavit on a form prepared by the Office of the chapter ordinance.
The procedures of the
1. In
order to register a domestic partnership, the domestic partners shall jointly
execute an affidavit of domestic partnership before a notary public and file
the affidavit in the Office of the
2. In
addition to identifying information, each person executing an affidavit of
domestic partnership must declare under penalty of perjury that:
a. Neither domestic partner is legally
married as marriage is defined under
b. Each domestic partner is eighteen (18)
years of age or older;
c. Each domestic partner is competent to
enter into a contract;
d. The domestic partners are not related
by blood in a manner that would bar marriage in the State of
e. The domestic partners share a common
household within
f. The domestic partners are in a close
and committed relationship of mutual financial and emotional support and intend
to remain in such a relationship;
g. Each is the other’s sole domestic
partner and intends to remain each other’s sole domestic partner;
h. Neither
domestic partner was in a registered domestic partnership that has terminated
by operation of law within the thirty (30) calendar days immediately prior to
the filing of the affidavit of domestic partnership; and
i. Each
domestic partner agrees to file an affidavit of termination in accordance with
this chapter ordinance, including written notice to the other, in
the event that any of the above no longer applies.
3. A registered domestic partnership shall
be established and effective upon the filing of a fully executed affidavit of
domestic partnership with the Office of the
4. A Certificate of Domestic Partnership
will be issued at the time of filing of the affidavit and payment of fees.
All
affidavits relating to the domestic partnership shall be executed on a form
provided by the Office of the
We, the undersigned, do hereby
declare ourselves to be domestic partners.
We are both eighteen years of age or older, unmarried as marriage is defined under
Either
domestic partner may, on a form provided by the
1. Either or both registered domestic
partners may seek to terminate a registered domestic partnership by filing
in the Office of the County Clerk a notarized affidavit of termination
declaring under penalty of perjury, that the domestic partnership is
terminated, and if only one of the registered domestic partners executes the
affidavit of termination, that he or she has sent written notice that he or she
is terminating the registered domestic partnership to the other registered
domestic partner at the other partner’s last known address, by means of
registered mail, return receipt requested.
2. A
registered domestic partnership shall terminate by operation of law:
(a) immediately upon either of the registered
domestic partners marrying, as marriage is defined Illinois law;
or (b) if (a) does not apply, then thirty (30) calendar days after the earliest
date that one or both registered domestic partners has filed an executed
affidavit of termination or (c) either of the registered domestic
partners has died.
3. The
affidavit of domestic partnership, certificate of domestic partnership and
affidavit of termination forms will reflect the information in this chapter ordinance
as to when registered domestic partnerships commence and terminate by
operation of law.
4.
An affidavit of termination may be
rescinded by a registered domestic partner until the time that termination
would otherwise take effect. Nothing in
this chapter ordinance prevents former registered domestic
partners from filing a new affidavit of domestic partnership if they satisfy
the requirements of this chapter ordinance.
The
1. When
a domestic partnership has ended, each of the partners to the domestic
partnership shall jointly or separately file an affidavit of termination within
thirty (30) days with the Office of the
2. All
registered domestic partners shall, within thirty (30) days of any change in
that status, give notice to any party who, in order to qualify the domestic
partner for a benefit or right, relied upon or was given a copy of the
affidavit of domestic partnership.
1. The
County Clerk shall maintain a log of registrations, amendments, certificates,
and terminations of domestic partnerships by name of each individual and date
of filing in a format designed to facilitate access to such statements. The log shall be a public record pursuant to
the State of Illinois Freedom of Information Act. The
2. Nothing
herein shall be construed to prohibit the publication of statistics pertaining
to domestic partnerships that have been registered with the Office of the
If any section of this ordinance or the application thereof
to any individual, partnership, or circumstance shall be adjudged invalid or
unconstitutional by any court of competent jurisdiction, such order or judgment
shall not affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the controversy in which such order or judgment
was rendered.
This ordinance shall take effect ninety (90) days after
its passage. immediately upon passage.
Commissioner Suffredin, seconded by
Commissioner Maldonado, moved the approval of the Proposed Substitute Ordinance
(Comm. No. 294613). The motion carried.
Commissioner Suffredin moved to
adjourn the meeting, seconded by Commissioner Collins. The motion carried and the meeting was
adjourned.
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Respectfully
submitted, Committee
on Human Relations xxxxxxxxxxxxxxxxxxxxxxxxxxxx Mike
Quigley, Chairman |
Attest:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Matthew B. DeLeon, Secretary