Agenda Item 7
May 4,2010
Introduction
MEMORANDUM
TO:
County Council
FROM:
SUBJECT:
Robert H. Drummer, Senior Legislative Attorney
Introduction:
Expedited Bill
30~
10, Personnel
Rescue Employees
fiJ
Equal Benefits - Fire and
Expedited Bill 30-10, Personnel - Equal Benefits - Fire and Rescue Employees,
sponsored by the Council President at the request of the County Executive, is scheduled to be
introduced on May 4, 2010. A public hearing is tentatively scheduled for June 15 at I :30 p.m.
The County has a longstanding policy, in law and practice, against employment
discrimination based on sexual orientation. Bill 28-99, effective March 1, 2000, extended equal
benefits to a same sex domestic partner of a County employee that is offered to an employee's
spouse. As a result of collective bargaining in 200 I, the Executive agreed with the union
representing police officers, the Fraternal Order of Police, Lodge 35 (FOP), to extend equal
benefits for an opposite sex domestic partner of a police officer. This collective bargaining
agreement was approved by the Council and enacted into law.
The Executive agreed to a similar provision with the union representing fire and rescue
employees, the Montgomery County Career Fire Fighters Association, International Association
of Fire Fighters, Local 1664 (IAFF) in 2002. However, this agreement was never approved by
the Council and enacted into law. The Office of Human Resources has been following the
collective bargaining agreement with the IAFF since 2002. There are currently 49 members of
the fire and rescue bargaining unit who are receiving benefits for a domestic partner of the
opposite sex and 7 members who are receiving benefits for a same sex domestic partner.
Bill 30-10 would amend the law to implement the 2002 collective bargaining agreement
with the IAFF by providing health and insurance benefits to opposite sex domestic partners of
employees in the fire and rescue services bargaining unit.
This packet contains:
Expedited Bill 30-10
Legislative Request Report
Memo from County Executive
Circle #
1
3
4
F:\LAW\BILLS\\ 030 Personnel-Benefits For OppOsite Sex IAFF\\ntro Memo.Doc
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Expedited Bill No.
--,,3:..:::.0_-1-,-,0=---~_=-­
Concerning: Personnel - Equal Benefits
- Fire and Rescue Employees
Revised: April
12. 2010
Draft No. _1_
Introduced:
May 4.
2010
Expires:
November 4.
2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
_~
_ _ _ _ _ _ __
Sunset Date:
-,-N.:.:o::.:.;n=e~~
_ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
provide benefits to an opposite sex domestic partner of a member of the fire and
rescue bargaining unit; and
(2)
generally amend the law regarding benefits for domestic partners.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-22
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Expedited Bill 30-10
1
Sec.
1.
Section 33-22 is amended as follows:
33-22. Benefits for Domestic Partner of Employee
2
3
4
5
*
(c)
*
*
Requirements for domestic partnership.
To establish a domestic
partnership, the employee and the employee's partner must either:
(1)
6
7
satisfy all ofthe following requirements:
(A)
be the same sex, unless the employee is a member of the
police bargaining unit or the fire and rescue employee
bargaining unit;
8
9
10
11
*
Sec. 2. Effective Date.
*
*
12
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The Council declares that this legislation is necessary for the immediate
protection of the public interest. The amendment to Section 33-22 in Section 1
takes effect on July 1, 2002.
Approved:
15
16
17
Nancy Floreen, President, County Council
Date
18
19
Approved:
Isiah Leggett, County Executive
Date
20
21
This is a correct copy a/Council action.
Linda M. Lauer, Clerk of the Council
Date
22
23
24
~LA
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LEGISLATIVE REQUEST REPORT
Expedited Bill 30-10
Personnel- Equal Benefits - Fire and Rescue Employees
DESCRIPTION:
The legislation provides health and insurance benefits to opposite sex
domestic partners for members of the fire and rescue services bargaining
unit.
The collective bargaining agreement between the County and the
Montgomery County Career Fire Fighters Association, International
Association of Fire Fighters, Local 1664, AFL-CIO, that became
effective July 1, 2002, provides that all health and insurance benefits
shall be extended to opposite-sex domestic partners of employees
covered under the agreement. While reviewing Council Bill 37-09,
which relates to providing benefits to same sex domestic partners of
employees of County contractors,
it
came to light that the County had
never amended Sec. 33-22(c)( 1)(a) of the County Code to add opposite
sex domestic partnerships for members of the fire bargaining unit.
PROBLEM:
GOALS AND
OBJECTIVES:
To correct an oversight that occurred in 2002.
COORDINATION: Office of Human Resources and Finance
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
Office of Management and Budget
Office of Management and Budget
N/A
NI
A
Stuart Weisberg, Office ofHuman Resources (240-777-5154)
APPLICATION
WITHIN
MUNICIPALITIES:
N/A
PENALTIES:
NI
A
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OFFICE OF THE COUNTY EXECUTIVE
Isiah Leggett
County Executive
ROCKVILLE, MARYLAND 20850
MEMORANDUM
TO:
Nancy Floreen, President
Montgomery County Council
FROM:
SUBJECT:
[,iah
Leggett, County
EXeCUtiV~~
-
Expedited Bill to Provide Benefits for Opposite Sex Domestic Partners
I am attaching for Council introduction an Expedited Bill to provide health and
insurance benefits to opposite sex domestic partners of employees in the fire and rescue services
bargaining unit.
This bill corrects an oversight that occurred in 2002. The collective bargaining
agreement between the County and the Montgomery County Career Fire Fighters Association,
International Association of Fire Fighters, Local 1664, AFL-CIO, that became effective July 1,
2002, provides that all health and insurance benefits shall be extended to opposite-sex domestic
partners of employees covered under the agreement. While reviewing Council Bill 37-09, which
relates to providing benefits to domestic partners of County contractors, it came to light that the
County had never amended Sec. 33-22(c)(1)(a) of the County Code to add opposite sex domestic
partnerships for members of the fire bargaining unit.
Attachments
IL: sw