City of Atlanta v. Morgan

492 S.E.2d 193, 268 Ga. 586, 97 Fulton County D. Rep. 4007, 1997 Ga. LEXIS 708
CourtSupreme Court of Georgia
DecidedNovember 3, 1997
DocketS97A1068
StatusPublished
Cited by6 cases

This text of 492 S.E.2d 193 (City of Atlanta v. Morgan) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Atlanta v. Morgan, 492 S.E.2d 193, 268 Ga. 586, 97 Fulton County D. Rep. 4007, 1997 Ga. LEXIS 708 (Ga. 1997).

Opinions

Hunstein, Justice.

This is an appeal from an order of the Fulton County Superior Court declaring the City of Atlanta’s 1996 Domestic Partnership Benefits Ordinance unconstitutional under the Georgia Constitution, Art. III, Sec. VI, Par. IV (a) and (c),1 and the Municipal Home Rule Act of 1965, OCGA § 36-35-1 et seq., as a special law enacted in an area for which provision has been made by an existing general law. Because we find that the benefits ordinance is consistent with State law, we reverse.

On September 3, 1996 the Atlanta City Council passed Ordinance 96-0-10182 which provides certain insurance benefits for dependents of City of Atlanta employees who qualify and are registered as domestic partners under § 94-131 et seq. of the Atlanta City [587]*587Code, the City’s domestic partner registry ordinance. This benefits ordinance was enacted in response to our opinion in City of Atlanta v. McKinney, 265 Ga. 161 (2) (454 SE2d 517) (1995), in which we upheld the constitutionality of the registry in § 94-131 but held unconstitutional the City’s original benefit’s ordinance (Ordinance 93-0-1057) because in it the City had recognized domestic partnerships as “a family relationship” and provided employee benefits to domestic partners “in a comparable manner ... as for a spouse,” thereby expanding the definition of “dependent” in a manner inconsistent with State law and in violation of both the Georgia Constitution and OCGA § 36-35-6 (b). McKinney, supra at (1) and (2). The issue in McKinney, as in this appeal, was whether the City acted within its authority to provide benefits to its employees and their dependents by defining “dependent” consistent with State law. Id. at (2).

OCGA § 36-35-4 (a) authorizes a municipality to provide insurance benefits to its employees and their dependents.3 Although this section of the Municipal Home Rule Act grants specific authority to provide such benefits to the dependents of a municipal employee, it does not provide a definition of the term “dependent.” In order to determine whether the definition provided in the City’s benefits ordinance is consistent with State law, we must, therefore, look to the ordinary meaning of the term as well as the way in which it is defined in other statutes. See generally OCGA § 1-3-1 (b); Fisch v. Randall Mill Corp., 262 Ga. 861 (1) (426 SE2d 883) (1993); Risser v. City of Thomasville, 248 Ga. 866 (286 SE2d 727) (1982); see also McKinney, supra at 164 (2).

The City’s benefits ordinance defines a “dependent” as “one who relies on another for financial support” and provides that an employee’s domestic partner shall be dependent if:

(i) The employee makes contributions to the domestic partner of cash and supplies, and the domestic partner relies upon and uses those contributions to support himselfherself in order to maintain his or her standard of living. The contributions may be at irregular intervals and of irregular amounts, but must have existed for at least six months, and must be continuing.
(ii) The employee is obligated, based upon his/her commit[588]*588ment set forth in the Declaration of Domestic Partnership, to continue the financial support of the domestic partner for so long as the domestic partnership shall be in effect.
(iii) The domestic partner is supported, in whole or in part, by the employee’s earnings, and has been for at least the last six months.

Ordinance 96-0-1018 (a) (1) (B).

Based on our review of other definitions of “dependent” in Georgia case law, we conclude that the ordinance’s definition of “dependent” is consistent with both the common, ordinary meaning of the term “dependent” and the definition attributed to that term as it is used in the Georgia statutes. In Smith v. Smith, 254 Ga. 450, 451 (330 SE2d 706) (1985), this Court looked to Funk & Wagnalls Standard Dictionary to define “dependent” for purposes of the Georgia Long-Arm Statute, OCGA § 9-10-91 (5). Funk & Wagnalls defines “dependent” as “[r]elying on someone or something for support.” See also Webster’s Third New International Dictionary, p. 604 (1967) (“dependent” is “one relying on another for support”); The American Heritage Dictionary of the English Language, 3d ed., p. 501 (1992) (“dependent” is “[o]ne who relies on another especially for financial support”). The same definition was recognized by this Court in McKinney as one definition of the term “dependent” found in Georgia statutes specifically providing a definition of that term. See McKinney, supra at 164 (2) (identifying State statutes which define the term “dependent” as “a spouse, child, or one who relies on another for financial support”). This definition is also consistent with cases in the Court of Appeals and opinions of the Attorney General of Georgia, which have determined that “ ‘a “dependent” is one who looks to another for support, one dependent on another for the ordinary necessities of life.’ ” Glens Falls Indem. Co. v. Jordan, 56 Ga. App. 449, 452-453 (1) (193 SE 96) (1937). Accord Ins. Co. of North America v. Cooley, 118 Ga. App. 46, 48 (162 SE2d 821) (1968); Op. Atty. Gen. 94-14 (1994). Moreover, the City followed our holding in McKinney and carefully avoided the constitutional flaw in its previous benefits ordinance by eliminating from Ordinance 96-O-1018’s definition of “dependent” any language recognizing any new family relationship similar to marriage.

Contrary to Morgan’s argument, the requirement that “dependents” must also be registered with the City as domestic partners under § 94-131 et seq., the registry ordinance, does not unconstitutionally expand the definition of “dependent” as provided in Ordinance 96-0-1018. As we noted earlier, the registry ordinance is a separate municipal ordinance which has been held to be constitutional. McKinney, supra at (1). Looking at Ordinance 96-0-1018, the only [589]*589ordinance the constitutionality of which is in issue in this case, the City is authorized to provide benefits to those dependents who are financially reliant upon a City employee. OCGA § 36-35-4. That the City chose to further narrow the group of individuals to whom it would offer certain insurance benefits by placing additional qualifications upon the receipt of such benefits does not alter and clearly does not expand the State law definition of “dependent.” The City acted within its authority when it chose to provide insurance benefits to the dependents of a City employee. OCGA § 36-35-4 (a). It is within the City’s discretion as a governing authority to determine whether to provide such benefits to all, some, or none of its employees’ dependents. See Athens-Clarke County v.

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City of Atlanta v. Morgan
492 S.E.2d 193 (Supreme Court of Georgia, 1997)

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Bluebook (online)
492 S.E.2d 193, 268 Ga. 586, 97 Fulton County D. Rep. 4007, 1997 Ga. LEXIS 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-atlanta-v-morgan-ga-1997.