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RESOLUTION NO. 2007 -31 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AUTHORIZING THE CITY TO FINANCIALLY CONTRIBUTE TOWARD EMPLOYEE HEALTH INSURANCE BENEFITS FOR CITY EMPLOYEES WHO ARE ELIGIBLE BY FILING AN AFFIDAVIT OF QUALIFYING DOMESTIC PARTNERSHIP WITH REGENCE BLUE SHIELD OF IDAHO; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the City of Moscow, Idaho is competing in the regional labor market with a growing number of employees in both public and private sectors, provide employee benefits for domestic partners and their dependants; and WHEREAS, the City recognizes the need to attract a diverse population base for its economic health as well as its social and political health; and WHEREAS, the City has a deep and abiding historical commitment to welcome and to include all, regardless of race, gender, religion, ethnicity, sexual orientation, age, gender, or capability; and WHEREAS, the City is recognized in the National League of Cities as Idaho's only "Inclusive Community"; and WHEREAS, the Council believes that all persons are entitled to equal employment opportunity and does not discriminate against City employees or applicants because of race, color, religion, gender, pregnancy, national origin, ancestry, age, marital status, veteran status, disability, sexual orientation, or any other basis prohibited by local, state, or federal law; and WHEREAS, the City has a long standing commitment to inclusion and to the promotion and protection of human rights as demonstrated, in part, by the extensive activities of its Human Rights Commission and by activities and initiatives of other City committees, programs and commitments; and WHEREAS, Regence Blue Shield of Idaho very recently developed a program to offer health insurance benefits to domestic partners of City employees who qualify as "domestic partners"; and WHEREAS, the City wishes to support the provision of health insurance benefits for all non employee qualifying domestic partners in the same manner and to the same extent it offers such health insurance benefits for the non-employee dependants of City's other employees; and WHEREAS, the City believes that it is reasonable, equitable, and fair to contribute to its employees who qualify for health insurance benefits as domestic partners in the same way it contributes to its other employees, monetarily, emotionally, philosophically, and inclusively; and RESOLUTION- 2007-31 DOMESTIC PARTNERSHIP BENEFITS PAGE 1 OF3 ---PAGE BREAK--- WHEREAS, the City is aware that Article III, Section 28 of the Idaho Constitution states that "a marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this State"; and WHEREAS, the City intends to adhere to all the provisions of the Idaho Constitution including Article III, Section 28 and its related statement of purpose; and WHEREAS, the City believes that contributing financially to a City employee who is eligible for a health insurance benefit by the employee's filing of the Affidavit Of Qualifying Domestic Partnership is not violative of Article III, Section 28 ofldaho's Constitution or its intent; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: I. City of Moscow, Idaho employees who are eligible for health insurance benefits pursuant to the filing of an Affidavit Of Qualifying Domestic Partnership provided by Regence Blue Shield of Idaho may participate in the Regence Blue Shield of Idaho health insurance coverage program in the same manner as any other City employee who qualifies for Regence Blue Shield ofldaho health insurance benefits. 2. For purposes of the Regence Blue Shield of Idaho health benefits program, Regence determines that a City employee is eligible by reviewing an Affidavit Of Qualifying Domestic Partnership and by determining that the employee and the other affiant meet all of the following criteria: a. Each are eighteen (18) years of age or older; b. Share a close personal relationship and are each other's sole domestic partner; c. Are responsible for each other's common welfare; d. Are not legally married to anyone else nor has either had a domestic partner within thirty (30) days immediately prior to completing the application for enrollment to qualify as domestic partners; e. Are not related by blood closer than would bar marriage in Idaho; f. Currently share the same regular and permanent residence and each intends to continue to do so indefinitely; and g. Jointly share financial responsibility for basic living expenses, including, but not limited to, the cost of food, shelter, and other costs such as medical expenses. A City employee who files the Affidavit Of Qualifying Domestic Partnership acknowledges to Regence that the information provided in such Affidavit is for the sole purpose of determining eligibility for the related Regence Blue Shield of Idaho benefits and, therefore, is not an establishment of a "domestic partnership" or of a "domestic legal union" prohibited in the State ofldaho. According to Regence, the conditions of eligibility for the Regence Blue Shield of Idaho health insurance benefits pursuant to the Affidavit Of Qualifying Domestic Partnership RESOLUTION- 2007-31 DOMESTIC PARTNERSHIP BENEFITS PAGE20F3 ---PAGE BREAK--- requires a notice within thirty one (31) days of any change in the participant employee's status which would make either person filling out the Affidavit Of Qualifying Domestic Partnership no longer eligible for such health insurance benefits program. Furthermore, an Affidavit Of Qualifying Domestic Partnership cannot be filed with Regence Blue Shield of Idaho for a minimum of thirty one (31) days from the date of the filing of a Termination of Qualifying Domestic Partnership Statement pursuant to such Regents Blue Shield of!daho program. 3. The City shall contribute monetarily to a City employee who is eligible for health insurance benefits coverage by the filing an Affidavit Of Qualifying Domestic Partnership in the same manner and to the same extent as other similarly situated City employees who qualify for Regence Blue Shield ofldaho health insurance benefits. 4. As permitted by law, a City employee who is eligible for health insurance benefits by the filing an Affidavit of Qualifying Domestic Partnership with Regence Blue Shield of Idaho will be eligible for Consolidated Omnibus Budget Reconciliation Act (COBRA). 5. Pursuant to current regulations, City employees and their children who are eligible for health insurance benefits by filing an Affidavit Of Qualifying Domestic Partnership with Regence Blue Shield of Idaho shall not be considered a "dependant" as defined by the Internal Revenue Service regulations and, as such, are responsible for any IRS regulations which may apply to income and/or benefits from City employment. 6. City Staff is hereby directed to review the City's Personnel Policies to recommend any changes necessary to grant to City employee domestic partners employment rights and status equal to those enjoyed by non-domestic partner City employees. 7. This Resolution shall be reviewed by City Council on or before January 1, 2009. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 17'h day of December, 2007. RESOLUTION7 2007831 DOMESTIC BENEFITS PAGE30F3