gay marriage
The City Attorney's Office, which months ago gave the plan a thumbs up, changed their mind late Tuesday afternoon following a report by KIRO Radio. (AP Photo/File)

Seattle City Attorney nixes plan to give 'allowance' to gay employees

BY Brandi Kruse  on December 4, 2012 @ 6:29 pm (Updated: 9:21 pm - 12/4/12 )

Despite plans to make an official announcement Wednesday, the city of Seattle will no longer move forward with a plan to give gay and lesbian city employees who get married a monthly "allowance."

The City Attorney's Office, which months ago gave the plan a thumbs up, changed their mind late Tuesday afternoon following a report by KIRO Radio.

"Up until 4:01 p.m. today, we were expecting to announce our work on this publicly tomorrow afternoon at a press conference at City Hall, as reported accurately by KIRO Radio earlier today," Seattle Mayor Mike McGinn said in a statement Tuesday. "At 4:01 today, all of that changed."

On Tuesday, KIRO Radio reported that Mayor McGinn and members of the Seattle City Council were set to announce the new benefit at a press conference on Wednesday.

Mayor McGinn confirmed the scheduled announcement when questioned by reporters at an unrelated event Tuesday.

"If the federal government has an unjust law, I don't think it's fair to punish our workers who are following all the rules," he said.

Starting Jan. 1, gay and lesbian city employees who get married under the state's new marriage equality law were to receive a monthly allowance of $90, or approximately $1,080 over a 12-month period.

The stipend was designed to offset federal taxes that those couples must pay due to the Defense of Marriage Act (DOMA).

The benefit to gay couples would have cost taxpayers an estimated $162,000 a year. Multiple sources who work for the city told KIRO Radio the expense had already been worked into the city's 2013-2014 budget.

However, in an internal email sent at 4:01 p.m. Tuesday, Civil Division Chief Jean Boler with the Seattle City Attorney's Office said the stipend would violate a state law that prevents the city from providing benefits to married couples that are not provided to state registered domestic partners.

RCW 26.60.015

It is the intent of the legislature that for all purposes under state law, state registered domestic partners shall be treated the same as married spouses. Any privilege, immunity, right, benefit, or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was a spouse, or because the individual is or was an in-law in a specified way to another individual, is granted on equivalent terms, substantive and procedural, to an individual because the individual is or was in a state registered domestic partnership or because the individual is or was, based on a state registered domestic partnership, related in a specified way to another individual. The provisions of chapter 521, Laws of 2009 shall be liberally construed to achieve equal treatment, to the extent not in conflict with federal law, of state registered domestic partners and married spouses.

"In view of this analysis, we advise that the City not go forward with the ordinance as written and postpone any announcement related to the ordinance," Boler wrote in the email, which was given to KIRO Radio by a source who works for the city.

The email was in direct opposition to a memo sent to the mayor and members of the city council on Oct. 11.

The memo, from Assistant City Attorneys Fritz Wollett and Gigi Gilman, said the city's plan to offer the benefit would lessen "the discriminatory impact" of DOMA.

"The City has a legitimate interest in seeing that employees, who are the victims of discrimination that the City cannot control, are compensated fairly," said the memo, which was also provided to KIRO Radio by a source who works for the city.

While the memo says such a benefit is "untested in the courts," it concludes by saying, "This office does not foresee any significant legal obstacles to the adoption of this practice, particularly if limited to married same sex couples."

According to a source who provided the memos, City Attorney Pete Holmes was not pleased with negative press surrounding KIRO Radio's original report on Tuesday.

After receiving the memos, KIRO Radio reached out to the mayor's office for comment. Here, in full, is the statement Mayor Mike McGinn provided:

Based on written advice from the law department, we have been working with Council on a proposal that would help to mitigate the discriminatory impacts of the federal Defense of Marriage Act. Up until 4:01pm today, we were expecting to announce our work on this publicly tomorrow afternoon at a press conference at City Hall, as reported accurately by KIRO Radio earlier today. At 4:01 today, all of that changed. That's when we received an email from the law department that was contrary to their previous advice. The law department informed us that this effort would be in violation of state law and that we should not host a press conference with councilmembers. Based on this latest advice, we are not holding a press conference on this work tomorrow and are now evaluating our options for next steps in our work to help address these inequalities.
Brandi Kruse, KIRO Radio Reporter
Brandi Kruse is a reporter for KIRO Radio who is as spontaneous and adventurous in her free time as she is on the job. Brandi arrived at KIRO Radio in March 2011 and has already collected three regional Edward R. Murrow awards for her reporting.
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Comments (58)


  • Add A Comment

  • monkeyal wrote...
    The Seattle 2013 Budget
    December 4, 2012 6:46 pm
    has been passed and the proposed $90.00 per month per same sex married employee was an attempt to tweak that budget with some 'juggled money'. This shameful non transparent scam/sham should not be forgotten during next year's election cycle.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CupofJoe wrote...
    Can we vote some adults into city govnernment ?
    December 4, 2012 10:56 pm
    It's disappointing that the group of assumed grown-ups on the city council conduct their business like a bunch of guilty teenagers with a stolen credit card. Transparency is the only policy when dealing with The People's money! That includes where you intend to spend it, before you spend it. If you truly believe it's the right thing to do, then put it out in the open for scrutiny. How does the Seattle city council not understand such basic principles ?!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Sean wrote...
    Add it to the long list, Monkeyal
    December 5, 2012 7:25 am
    There are many other things that this administration and council have done that deserve the same scrutiny.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • monkeyal wrote...
    Agreed. There should be public disclosure
    December 5, 2012 4:29 pm
    requests to see if the Seattle City Council and Mayor and their 'employee friends' contribute to the Seattle City Light "Project Share" program pushed by the bi-monthly billing cycle. Also, if they have a 'ticket fixer' inside Municipal Court. Their travel perks should always be scrutinized. All non-civil service patronage jobs should be exposed. The list is never ending.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • maplefish wrote...
    Hilarious!
    December 4, 2012 6:49 pm
    Nice try Seattle! Equal rights do not mean Special rights. Next you idiot liberals will want to give special benefits to child molesters.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • eric1972sea wrote...
    Liberals
    December 4, 2012 7:15 pm
    All you gun toting right wingers will have killed the child molesters vigilante justice style first.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Shplunker wrote...
    eric, eric, eric
    December 5, 2012 6:54 am
    we can only hope for change like that!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • maplefish wrote...
    @eric1972
    December 5, 2012 8:07 am
    Yep. That would be great. Child molesters don't deserve to live.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Saltchucker wrote...
    If the DOMA truly is dicriminating against same sex couples.
    December 4, 2012 6:54 pm
    It is not up to the city of Seattle(or any other city) to mitigate it. It is up to those who feel disciminated against to hire lawyers to take thier case to whatever court will resolve the issue.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • GoHomeTeaBaggersYou'reDrunk wrote...
    Yes
    December 5, 2012 7:41 am
    This is the most sane comment on this thread.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • DJ Allyn wrote...
    This was for real?
    December 4, 2012 6:54 pm
    I understand the motive behind it, but it shouldn't be on the Seattle taxpayers to foot the bill for a federal tax disparity. I am all for equality in marriage and benefits, but this is the wrong approach. Gay couples need to sue the US government for equal protection, not rely on a local municipality to remedy their loss.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Sean wrote...
    The "motive," DJ...
    December 5, 2012 12:18 pm
    was to buy votes.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • SeattleRexx wrote...
    Gay "allowance"
    December 4, 2012 6:55 pm
    I'm quite confused...KIRO FM claims this is a "top story!!!" and "HUGE breaking news!!!" when in fact it is barely being mentioned on any other media -radio or television- and when it is, it's deemed a "non-story"... I can understand a reporter trying to "sell herself" on a story, but this is hardly a MAJOR news story as implied. So the mayor decided to be pro-active and offer up a little "economic justice" to a handful of city employees...big whoop....and only ONE media outlet is making a big stink out of it...you do realize that the $165,000 yearly being spent to offset the tax inequity is about what the city spends on police overtime for a single sports playoff series..and why is nobody pointing out the injustice of certain city employees ( namely those with children) who get multiple "perks and benefits"-monetary,attendance, and otherwise- not offered to those who choose to not bear children. Why is one an acceptable "injustice" and the other one requiring "media exposure and elimination" ...seems like just old-fashioned anti-gay bigotry to me. Classic media overkill.....
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CupofJoe wrote...
    a hidden agenda rightfully uncovered
    December 4, 2012 10:27 pm
    C'mon Rexx, the folks of Seattle to include news reporters are among the most accepting of the gay community, anywhere in the world. The only "over kill" going on is the constant misuse of terms like bigotry, racism, and persecution where none exist. Try taking a look at the issue from a purely fiscal perspective. Your right, 165K is just a drop in the bucket. As a matter of fact, why don't you just write me a check for said amount. I would like to correct things that I perceive as "unfair", it's just so much easier with your money...d
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HPD 5-0 wrote...
    cupofJoe...
    December 5, 2012 6:06 am
    He shoots. HE SCORES!!!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • R L M 456 wrote...
    Seattlerexx--No Brandi Kruse says it isKIRO FM claims this is a "top story!!!" and "HUGE breaking news!!!"
    December 5, 2012 3:49 am
    that puts her one ahead of Linda Thomas for Gay "stories"

    Lindy will take care of that score tomorrow with a burst of Flashing news, ALL related to Gay Crap

    journalism at it's best

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Sean wrote...
    It;s not the Mayor's JOB, Rexx...
    December 5, 2012 7:26 am
    to mitigate federal tax "injustices. THAT'S the point and yeah, it is pretty major news.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • gaymarriedchristianfromhollywood wrote...
    Lord have mercy.
    December 4, 2012 6:56 pm
    Can't the justice department just give its best advice without caving in to public pressure? It's the law department. How can we trust them if they're just going to change their mind when the going gets tough? Freaking losers.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • maplefish wrote...
    Booooo hoooooooo
    December 4, 2012 7:06 pm
    Gaymarriedchristian idiot. This is not up to the Seattle City Council. Equal rights do not mean SPECIAL Rights. Get over it...LOSER!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • gaymarriedchristianfromhollywood wrote...
    Moron, I already said in the other blog that knowing the
    December 4, 2012 7:44 pm
    stink it was going to cause I wouldn't have done it. You have obviously never worked for a large corporation or the government in a management role. You rely heavily on the legal department. They have to give you their best advise. If they can change their reading of the law based on external pressure they're worthless. Kind of like every thought that comes out of your mouth.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Seattle is a cesspool wrote...
    gaymarriedchristianfromhollywood...
    December 5, 2012 6:37 am
    I read your posts in a super gay voice. It makes all your opinions moot. Haaaayyyyy!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Amorget wrote...
    How dare they
    December 4, 2012 7:33 pm
    Bend to the will of a vocal minority.... oh wait...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • anotherfencewalker wrote...
    Breaking news...!
    December 4, 2012 7:36 pm
    Oh wait...it's not.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ibedavey wrote...
    Homosexual rights
    December 4, 2012 7:40 pm
    WOW, someone in Seattle government actually has common sense.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    Seattle City Government: You guys are pieces of excrement
    December 4, 2012 8:02 pm
    Most of your constituency are morons. I am not one of them. You belong in jail.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • deltta wrote...
    Operation Stay Away from Seattle
    December 4, 2012 8:30 pm
    Keeps gaining strength.......
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • green wrote...
    deltta
    December 5, 2012 3:36 am
    I and many others fully support and will defend to the death, your right to stay away from Seattle.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • deltta wrote...
    Now thats funny
    December 5, 2012 9:22 am
    Meanwhile while you toughguys are discussing strategy and what to wear for the big "Battle". I'll be in Portland Christmas shopping.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Shplunker wrote...
    it won't be long...
    December 5, 2012 7:06 am
    ....soon all that will be left will be the bicycle riding, unemployed, homeless encampment crowd to attend the fairy parade.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }