ORDINANCE _________________

AN ORDINANCE relating to benefits for City of Seattle employees, confirming that the provision of certain employee benefits to City employees who are married to a person of the same gender is consistent with SMC Chapter 4.24 (Sick Leave), SMC Chapter 4.26 (Family and Medical Leave); and SMC Chapter 4.28 (Funeral Leave).

WHEREAS, the City of Seattle recognizes that committed relationships, whether between members of the same or opposite gender, foster strong families, strong communities and economic stability; and,

WHEREAS, many City of Seattle employees have demonstrated the committed nature of their relationships by entering into a marriage with another person of the same gender in another jurisdiction; and,

WHEREAS, marriage evidences the type of committed relationship the City wants to encourage and nurture among its employees, thereby increasing employee morale and efficiency; and,

WHEREAS, the City of Seattle has long been a leader in efforts to expand civil rights, including the civil rights of its employees, and for many years has prohibited discrimination, including in its provision of benefits to City employees, on the basis of sexual orientation; and,

WHEREAS, the City of Seattle has for many years operated a domestic partnership program in which registered domestic partners are eligible for certain employment benefits; and,

WHEREAS, nothing in federal or state law prohibits the City of Seattle from providing employee benefits to its employees who are married to a person of the same gender; and.

WHEREAS, Mayor Greg Nickels issued Executive Order #02-04 on March 8, 2004, regarding city policy toward City of Seattle employees who are married to a person of the same gender;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. It is consistent with the language and intent of Seattle Municipal Code (SMC) Chapter 4.24 (Sick Leave), SMC Chapter 4.26 (Family and Medical Leave), and SMC Chapter 4.28 (Funeral Leave), that the City provide the benefits described in those chapters to City employees who are married to a person of the same gender on the same basis that it provides those benefits to employees who are married to a person of the opposite gender.

Section 2. It is the policy of the City of Seattle that no employee who has filed an affidavit pursuant to Chapter 4.30, or other similar provision, should suffer an interruption of benefits to themselves, to a domestic partner, or to a spouse, because their marriage is subsequently declared invalid by a court of competent jurisdiction on the grounds that the marriage was between people of the same gender. The Personnel Department is authorized to develop rules, policies, procedures, guidelines, or practices to implement this policy.

Section 3. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 20__, and signed by me in open session in authentication of its passage this _____ day of __________, 20__.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 20__.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 20__.

____________________________________

City Clerk

(Seal)

GEK/pb:

03/12/04

same sex marriages ord.doc

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