A six-month review of the Equal Benefits Ordinance (EBO) that requires city contractors to offer health benefits to the same-sex partners of its employees has shown all are in apparent compliance.
A San Diego City Council committee voted 5-0 Oct. 12 to tighten definitions in the ordinance that was passed October 2010, and went into effect Jan. 1.
“It’s a great six-month checkup,” said 3rd District Councilmember Todd Gloria. “All I see are good things.”
The Rules, Open Government, and Intergovernmental Relations Committee voted 5-0 on Gloria’s motion to forward to the City Council a modification that states the EBO does apply to nonprofit organizations and cites a specific section in the state family code that defines domestic partnerships.
According to city compliance statistics from Jan. 1 to June 30, 69 percent of companies had identical benefits with the EBO and the rest qualified as exceptions, such as companies which did not offer health, dental or pension benefits to spouses or partners of employees.
Only one company – which sold padlocks – opted out of bidding for a city contract because the owner had a philosophic or religious disagreement with the EBO, said Nora Nugent, the living wage manager in the city’s administration department.
Nugent presented a chart that shows out of 353 contractors, 244 offer identical benefits, and 84 offered no benefits to married workers, which came to 24 percent. Twelve firms offered cash equivalents to the partner and 13 other companies qualified as exceptions.
Council President Tony Young seconded Gloria’s motion, and also voting for it were Councilmembers Kevin Faulconer, Marti Emerald and Sherri Lightner.
The reason the EBO has to be slightly modified is due to wording in the current municipal code that suggests that nonprofit corporations can be exempted from city rules as a sole source. The new wording clarifies the EBO applies to nonprofits.
The definition of domestic partnerships will be amended to include “any two adults in a relationship pursuant to the requirements for filing as domestic partners under California family code section 297 and who are registered with a governmental entity.”
In order for an employee to qualify for benefits for same-sex domestic partnerships, they must either be registered as such with the state or with the company’s internal registry.
Prior to being awarded city contracts, companies must submit EBO certificates of compliance that are signed under penalty of perjury. Enforcement is complaint driven, but so far no one has claimed a company is not in compliance with the EBO.
