Political Disclosure Rules Equate Domestic Partners With Spouses

Gay and lesbian public officials with domestic partners must comply with the same financial disclosure requirements as married spouses under new regulations approved Thursday by the state.

David Roberts, a candidate for City Council in Solana Beach, had requested a ruling last April from the state Fair Political Practices Commission over whether his partner is considered a “spouse” under the state’s conflict-of-interest laws for public officials.

The answer is yes, the commission said Thursday. Under its rules, public officials would be required to publicly disclose property, stocks and business interests considered community property with their domestic partners, and they could not vote or make government decisions that would affect those mutual interests.

Gay and lesbian officials generally embrace the new regulations.

“I always think if you get the rights, you should get the responsibilities,” said John Laird (D-Santa Cruz), one of five openly gay Assembly members.

The commission based its decision on changes made to the California domestic partnership law under former Gov. Gray Davis. The changes, contained in AB 205, which becomes law next year, declare that domestic partners “shall have the same rights, protections and benefits ... as granted to spouses.” The law was written by Assemblywoman Jackie Goldberg (D-Los Angeles), who also is gay.

Laird said the commission’s regulation change is another sign that California faces a difficult task next year when AB 205 “drops from the sky” in January. More than 28,000 California couples have registered as domestic partners with the California secretary of state.

Some gay and lesbian couples are concerned that registering as domestic partners could jeopardize certain state services, such as MediCal, Supplemental Security Income and cash welfare assistance, which are doled out based in part on a spouse’s income.

“The real issue is that [in] marriage -- having existed for all time in America -- people know what the issues are,” Laird said. “And now it is happening for one group at one time, with all the decisions to enter the union made on a completely new set of circumstances.”

Laird has registered with his longtime partner, who works in Los Altos. They have wills and durable powers of attorney and they have yet to decide if the new domestic partnership law trumps those legal documents or vice versa. Laird said he doubts there will be much conflict under the rules because his partner works outside his district.

State Sen. Sheila Kuehl (D-Santa Monica), who also is openly gay and called herself a “single gal,” said the new domestic partnership law “declared that we understand there were a lot of aspects of law that really relate to this kind of familial relationship. The whole notion of ethical duties and conflicts of interest are appropriately applied to these relationships, because they are like a marital relation.”

California has 54 openly gay and lesbian officials, including city council members, mayors and the five Assembly members, according to an accounting by the International Network of Gay and Lesbian Officials. An unknown number of state board and commission members, county supervisors, district attorneys, city managers, treasurers and other public officials would fall under the new rules if they too are registered as domestic partners.

As for Roberts, the candidate for Solana Beach City Council, attorneys for the fair practices commission said it appears his partner’s income would be considered community property and should be reported. His partner works as a manager at a Solana Beach condo complex, which could become a conflict of interest for Roberts because the partner receives more than $1,000 a year for the job.

In an interview, Roberts said that because the Solana Beach City Council deals with development issues concerning properties like the ones where his partner works, his partner may quit his job to erase any potential conflict. He said it wouldn’t be much of a financial burden.

“I am a very ethical person,” said Roberts, 43. “I want to make sure there is not even a perceived conflict.”