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Morton, Joseph

Councilmen mixed on benefits Omaha World Herald, April 14th 2004

LENGTH: 510 words

HEADLINE: Councilmen mixed on benefits The city attorney says the same-sex provisions in the proposed police contract wouldn't violate the State Constitution.

BYLINE: Joseph Morton

SOURCE: World-Herald Staff Writer

BODY:

    Whether the Omaha City Council will grant limited benefits for police officers with same-sex partners still was unclear Tuesday, despite a city attorney opinion that the benefits would not violate the State Constitution.

    Two council members support the benefits, while two oppose them. Councilman Frank Brown would not comment on the issue.

    Councilmen Jim Vokal and Garry Gernandt both said they were undecided.

    Four votes would be required to approve a proposed contract negotiated by Mayor Mike Fahey and the police union. The contract also must be approved by union members.

    The contract provides that officers could use their sick leave to care for their same-sex domestic partners or their relatives. They also could use paid leave to attend funerals of partners and their relatives.

    The City Council had asked City Attorney Paul Kratz for a legal opinion on whether those benefits would be constitutional.

    His answer: Yes.

    "The contract provisions at issue do not recognize, nor do they validate same-sex marriage or any other form of union," according to the opinion. "The contract simply provides a benefit to all members of the police union, in whatever form their relationships may take."

    The state constitutional amendment passed by voters in 2000, known as Initiative 416, was intended to prevent Nebraska from recognizing same sex marriages entered into in other states, according to the opinion, and was not intended to restrict cities in any way.

    Fahey would not talk about the opinion Tuesday. He has not spoken about the issue of same-sex benefits since the contract provisions were made public earlier this month.

    Vokal had said he could not take a position until he received the opinion from Kratz. He still would not take a position Tuesday, saying that more legal advice might be needed.

    Police officers with same-sex partners have pushed for the same benefits that married police officers enjoy, saying they should receive equal compensation for equal work.

    Councilman Marc Kraft, who supports the benefits, said he was pleased with Kratz's opinion.

    "He expresses no doubt that what we're doing is legal," Kraft said.

    Councilman Franklin Thompson said he supports the limited benefits but is not sure about broadening their scope. He said he continues to listen to both sides of the argument.

    On the other side of the issue, Councilman Dan Welch said granting the benefits will open up a can of worms and questioned whether roommates of the same sex would start demanding benefits.

    "My constituents in west Omaha have been pretty clear that they don't want this," Welch said. "It's their money, so I'm listening to them."

    Councilman Chuck Sigerson also opposes the benefits. He said Tuesday that he disagrees with Kratz's opinion and will seek more legal advice.

    "I consider this a back-door attempt to weaken the marriage laws of the state of Nebraska," he said. "Taxpayers have stated in overwhelming numbers they don't want this."

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