Equal Benefits Ordinance Training

1. Equal Benefits Ordinance Training • In October 2008, the County Board adopted Ordinance Amendment 13. • O.A. 13 added section 25.016 in the purchasing ordinance to mandate that contractors offer equal benefits to domestic partners of their employees. • O.A. 13 also created Chapter 60 that created a Domestic Partner Registry with the County Clerk. What’s New?

2. Equal Benefits Ordinance Training • Chapter 60 lists certain characteristics of such a relationship that allow persons to be listed in the DP Registry: • Both members of the relationship are over 18. • Neither member is married or part of an existing domestic partnership with any third person. • The members are not related by blood. What is a Domestic Partner?

3. Equal Benefits Ordinance Training • They have been engaged in a committed relationship with each other for more than 90 days and share responsibility for each other’s common welfare; and • They share a common residence. What is a Domestic Partner?

4. Equal Benefits Ordinance Training • The above are requirements for a couple to be placed on the County’s Domestic Partner registry. Both members must sign a sworn statement of these facts. What is a Domestic Partner?

5. Equal Benefits Ordinance Training • Contractor’s may require their employees to use the Dane County Domestic Partnership Registry as proof of their status, or contractors may use their own methods to document a domestic partnership using their own definitions, criteria, and affidavit forms. What is a Domestic Partner?

6. Equal Benefits Ordinance Training • “The purpose of this ordinance is to ensure that equal compensation is provided to all employees of contractors performing work for the County of Dane. It is the County’s intent, through the contracting practices outlined in this section, to assure that those companies wanting to do business with the County will equalize the total compensation between similarly situated spouses and those with domestic partners.” Purpose of the Ordinance

7. Equal Benefits Ordinance Training • Benefitmeans any plan, program or policy provided or offered by a contractor to its employees as part of the employer’s total compensation package. This includes, but is not limited to, the following types of benefits: bereavement leave, family medical leave, sick leave, health benefits, dental benefits, disability insurance, life insurance, membership or membership discounts, moving expenses, pension and retirement benefits, and travel benefits. What are Equal Benefits?

8. Equal Benefits Ordinance Training • The ordinance requires that the contractor offer equal access to these benefits for the spouse of an employee or a domestic partner of an employee. • The ordinance does allow the employer to meet the requirement of providing insurance benefits by offering a cash equivalent after making a “reasonable effort” to provide the actual benefit. What are Equal Benefits?

9. Equal Benefits Ordinance Training • If the contractor is located in Dane County, then all employees are entitled to equal benefits, even if they do not work on the county contract. • If the contractor is located outside Dane County, then only those employees working on the Dane County Contract are entitled to equal benefits. Which Employees are Covered?

10. Equal Benefits Ordinance Training • Contracts for the purchase of goods. • Contracts for the use of the Alliant Energy Center. • Existing contracts, but not extensions thereof. • Contracts with school districts or other units of government. • Contracts that involve employees covered by a collective bargaining agreement. Are there Exceptions?

11. Equal Benefits Ordinance Training • The requirement can be waived if there is only one response to a bid or if the contractor is a sole source provider. Are there Exceptions?

12. Equal Benefits Ordinance Training • The ordinance requires upon completion of the contract and before the contractor receives their final payment, they must furnish a certification that they complied fully with the ordinance requirements. The Final Payment Requirement

13. Equal Benefits Ordinance Training • Be generally aware of the Ord. requirements. • Be sure contracts you prepare include the required language when necessary. • Monitor payments to identify when the final payment is requested by the contractor. • Obtain compliance certificate for final payment. What do Departments Need to Do?

14. Equal Benefits Ordinance Training • Include a copy of the certification with the batch containing the final payment. • Complete the batch certification form with all payment batches indicating whether payment certifications are required. • Contact the Controller if you have specific questions on the applicability of the ordinance. What do Departments Need to Do?

17. Equal Benefits Ordinance Training • Comply with the ordinance: • Post notices in workplace to let employees know that the DP benefits are available. • Retain records so that the county can investigate potential complaints. What do Contractors Need to Do?

18. Equal Benefits Ordinance Training • Comply with the ordinance: (cont.) • Complete certification of compliance upon completion and prior to final payment. • Cooperate with the County in the event of a complaint by an employee. What do Contractors Need to Do?

19. Equal Benefits Ordinance Training • The proper contract documents are on DCInet under the Purchasing Resources folder. • A summary of the requirements, the ordinance, the workplace poster and the payment certification form are on the Purchasing website www.danepurchasing.com Where can you get more info?

20. Equal Benefits Ordinance Training • If you or your contractor has a specific question, contact Chuck Hicklin at 266-4109. Where can you get more info?