HomeMy WebLinkAboutAdmin Order 21-03-07-F ADMINISTRATIVE ORDER NO. 21-03-07-F
of the
City Manager of the City of Eugene
ADOPTION OF DOMESTIC PARTNERSHIP TEMPORARY
ADMINISTRATIVE RULE R-2.820 AS A PERMANENT
RULE; AND REPEAL OF ADMINISTRATIVE ORDER NO.
21-03-03.
The City Manager of the City of Eugene finds that:
A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules
for implementation of any provisions of that Code. Sections 2.815 and 2.820 establish the policies,
procedures, and criteria for registration of domestic partnerships. Those sections were added to the
Eugene Code, 1971 by Ordinance No. 20264, and became effective February 1, 2003.
B. Pursuant to that authority, on February 7, 2003, the City Manager Pro Tern issued
Administrative Order No. 21-03-03, adopting Domestic Partnership Temporary Administrative Rule
R-2.820 in order to ensure that applications for registration of domestic partnerships would be
reviewed and processed in a manner consistent with the provisions of the Eugene Code, 1971
referenced above.
C. On June 26, 2003, I issued Administrative Order No. 21-03-07, proposing that
Temporary Rule R-2.820 be adopted as a permanent rule.
D. Notice of the proposed adoption of Domestic Partnership Temporary Administrative
Rule R-2.820 was published in the Register Guard, a newspaper of general circulation within the
City on July 4, 5, 6, 7, and 8, 2003. The Notice was also made available to persons who had
requested such notice, and provided that written comments would be received for a period of 15 days
from the first date of publication. No written comments were received within the time or in the
manner provided in the Notice.
Now, therefore, based on the above findings and the findings in Administrative Order No.
21-03-07, which are hereby adopted, and pursuant to the authority of Sections 2.019 and 2.820 of
the Eugene Code, 1971, Administrative Order No. 21-03-03 is repealed as of the effective date of
this order and Domestic Partnership Administrative Rule R-2.820~ is adopted as a permanent rule,
to provide:
Administrative Order - 1
DOMESTIC PARTNERSHIP ADMINISTRATIVE RULE R-2.820
R-2.820-A Domestic Partnership - Administration.
The City Recorder shall maintain the City's Domestic Partnership Registry, and ensure that
it is administered and enforced in accordance with the provisions of Sections 2.815 and 2.820 of the
Eugene Code, 1971. The Registry shall include the partners' names, registration date, registration
number, and termination date (if applicable). Copies of the Domestic Partner Registration and
Termination of Domestic Partnership shall be maintained by the City Recorder, consistent with the
provisions of R-2.820-B-3 below.
R-2.820-B Domestic Partnership - Registration.
1. Persons wishing to register a domestic partnership may obtain a copy of the
registration form from the City Recorder's office to determine if they meet the requirements for
registration.
2. Processing of the registration form and issuance of the Certificate of Domestic
Partnership by the City Recorder's office shall be by appointment only. No appointment shall be
scheduled earlier than three days from the date the request is received. The three day period may be
waived by the City Recorder upon finding it would create an unnecessary hardship for the parties.
At the scheduled appointment the registration form shall be completed and sworn to (or affirmed)
by both applicants before a Notary Public in the City Recorder's office.
3. The Domestic Partnership Registration form shall consist of a three-part NCR form,
an example of which is attached as Exhibit A. The first page of the form, which contains personal
information at the bottom of the form, shall be maintained by the City in a confidential file. The
personal information is "blacked out" on pages two and three. Page two shall be given to the
applicants, amd page three shall be maintained by the City in a Domestic Partnership Registry file
that is a public record.
R-2.820-C Domestic Partnership - Certificate.
Upon receipt of a completed registration, verification of the identities of the parties, and
payment of the registration fee, the City Recorder shall issue a Certificate of Domestic Partnership,
which shall be signed by both parties and the City Recorder. A copy of the Certificate form is
attached as Exhibit B.
Administrative Order - 2
R-2.820-D Domestic Partnership - Termination.
As acknowledged in the Certificate of Registration, if the partnership is terminated (except
by death), or if the parties are no longer living together as a family, or one of the parties has married
or registered as the domestic partner of another person, a Termination of Domestic Partnership must
be filed with the City Recorder by at least one of the partners. If the Termination is signed by only
one of the partners, it must be accompanied by evidence that the signing partner notified the other
partner by certified mail, return receipt requested, that the Termination was being filed. A copy of
the Termination form is attached as Exhibit C.
Dated and effective this ay of 3tdy, 2003.
Dennis M. Taylor
City Manager
Administrative Order - 3
EXHIBIT A
Registration No.
City of Eugene Fee Received: $
DomesticPartnership' Registration
We the undersigned declare that:
1. we live as a family, are in a relationship of'mutual support, caring and commkmenL and h~tend to
remain in such a relationship:
neither of us is married or registered as the domestic pa~ner of any other person in any j urisdictiom
nor has either terminated a registered domestic pam~ership wkhin the preceding six months:
3. we are both at least 18 years of age: and
we are not related by blood kinship closer than ~ould bar marriage in the state of Oregon, and are
mentally competent to consent to contract.
We fu~her aRest that:
1. we understand that the registration of domestic pam~ership is evidence of a domestic pa~nership of
continuous duration: and ~
2. we agree to file a statement ofte~ination if the pa~nership is terminated {except by deatM or if
any of the above declarations is no longer true.
We do hereby swear or affirm that the in~brmation stated above is true and correct to the best of our know ledge.
First M.l. Last First M.I. Last
Address Address
City. State and Zip Code City, State and Zip Code
Sigmmwe Signature
Subscribed and sworn to (or affirmed) before me on .20
by and
Notary Public lbr the State of Oregon
My Commission Expires:
City of Eugene Title:
htlomlat~on abo~ e th~s hne ~s pubhc mibrmanon
Name (Print) Name (Print)
Date of Birth Date of B~rth
Place of Birth-City/State/CountD; Place of Bkth-City/State/Country
Dl~tr~bumm Mine - confidentml filc/ pink - applicants / )clkm - Clt3 file Rex 01/2003
EXHIBIT B
EXHIBIT C
City of Eugene
Termination of Domestic Partnership
I/We declare under penalty of perjury under the laws of the State of Oregon that the statements
below are true and correct; I/we also understand that [/we cannot file a new Domestic Partnership
Registration until six months following the filing of this Statement of Termination.
The partnership between:
First Party:
First M.I. Last
Address City, State and Zip Code
Second Party:
First M.I. Last
Address City, State and Zip Code
which was registered on ,20__, in Eugene, Oregon,
terminated on .20 (Domestic Partnership Registration
No. .)
First Party: Dale:
Signature
Second Party: Date:
Signature
Note: If only one partner signs, that partner must provide evidence
(certified mail receipt) that the signing partner attempted to notify
the other partner of the termination of the partnership.
TO BE COMPLETED BY CITY PERSONNEL: ~ Certified marl receipt prowded (if applicable)
Date Filed: City Representative:
Rev 01/2003