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HomeMy WebLinkAboutItem 7.1 - 2690 Flag Policy Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: June 4, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Consideration of an Outdoor Flag Display Policy Prepared by: John Bakker, City Attorney EXECUTIVE SUMMARY: At the May 21, 2019 meeting, the City Council directed staff to bring an outdoor flag display policy for City Council consideration. The City Council will consider a policy that provides guidance and standards for the outdoor display of flags at City facilities, including commemorative flags other than the United States, California, and City flags. STAFF RECOMMENDATION: Adopt the Resolution Establishing the City of Dublin Outdoor Flag Display Policy. FINANCIAL IMPACT: There is no fiscal impact associated with the adoption of the Outdoor Flag Display Policy. DESCRIPTION: Historically, the City of Dublin has displayed the United States Flag, the California State Flag, and the City of Dublin Flag at the Dublin Civic Center. However, the City does not have a policy regarding the display of such flags or the display of any commemorative flags. The display of commemorative flags at City facilities can raise First Amendment Free Speech issues, depending on whether the flag is treated as govern ment speech or private speech on public property. If the City allowed third -party requests to display commemorative flags, the City could be subject to First Amendment scrutiny for allowing private speech on public property. If a flagpole was deemed to be “limited public forum” under the First Amendment, the City could not pick and choose what commemorative flags to fly, except on a content -neutral basis. However, under the government speech doctrine, the City may advance its own speech without requiring viewpoint neutrality when the government itself is the speaker, so long as the City does not show religious preference or encourage a certain vote in an election. The proposed Page 2 of 2 policy is structured to ensure that any commemorative flags flown at the Civic Ce nter flag poles would be considered City speech. Staff has prepared a resolution for the City Council’s consideration. The resolution adopts a City Council Policy outlining the standards and procedures for the display of flags at City facilities. The policy reflects state and federal laws and the City’s practices and customs, and is structured in a manner that treats commemorative flags as government speech. The policy prohibits third-party requests for commemorative flag displays, and only allows for the display of commemorative flags when the request is brought forth by a City Council member and then authorized by the City Council as an expression of the Council’s official sentiments. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Resolution Establishing the City of Dublin Outdoor Flag Display Policy 2. Exhibit A to the Resolution - Outdoor Flag Policy RESOLUTION NO. XX-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ESTABLISHING THE CITY OF DUBLIN OUTDOOR FLAG DISPLAY POLICY WHEREAS, the City of Dublin displays the United States Flag, the California State Flag, and the City of Dublin Flag at the Dublin Civic Center; and WHEREAS, the City of Dublin does not have a policy regarding the display of such flags or the display of any commemorative flags; and WHEREAS, at its May 21, 2019 meeting, the City Council directed Staff to bring a flag display policy for City Council consideration; and WHEREAS, the City Council desires to establish a policy that provides guidance and standards for the outdoor display of flags at City facilities, including commemorative flags other than the United States, California, and City flags. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby adopts the Outdoor Flag Display Policy attached hereto as Exhibit A. PASSED, APPROVED, AND ADOPTED this 4th day of June 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ________________________________ City Clerk EXHIBIT A CITY OF DUBLIN OUTDOOR FLAG DISPLAY POLICY Background: The Dublin City Council desires to establish a policy regarding: (1) the outdoor display of the United States Flag, the California State Flag, and the City of Dublin Flag at City facilities; and (2) the outdoor display of commemorative flags at the Dublin Civic Center. In adopting this policy, the City Council declares that the City of Dublin’s flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, and City Flags, and any commemorative flag as may be authorized by the City Council as an expression of the City Council’s official sentiments. Purpose: The purpose of this policy is to provide procedural guidance for the outdoor display of flags at City facilities. Nothing in this policy is intended to control the City’s indoor display of flags, including commemorative flags, within City facilities. Policy: I. Standards Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California Government Code, and this policy. II. Procedure A. United States Flag, California State Flag, and City of Dublin Flag 1. No other flag shall be placed above the United States Flag and no other flag shall be larger than the United States Flag. Other flags may be flown at the same height and in the same size, in accordance with this policy. Where both the United State Flag and the California State Flags are flown, they shall be of the same size. 2. Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last. 3. Flags shall be displayed during operating hours on all days on which the City is open for business, and on national and state holidays. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness. EXHIBIT A 4. Flags shall not be displayed during inclement weather. However, all- weather flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness. 5. When flags are displayed on a single pole, the order from top to bottom shall be: the United States Flag, the California State Flag, and if displayed, the City of Dublin Flag. 6. When the flags are flown from adjacent flag poles, the United States Flag shall be flown at the highest point of honor, which is the furthest point to the left from the standpoint of the observer (“the flag’s right”). The California State Flag shall be placed in the second position of honor. The City of Dublin Flag, if displayed, shall be placed in the third position of honor. 7. The United States Flag, the State of California Flag and the City of Dublin Flag shall be flown at the Dublin Civic Center. B. Commemorative Flags 1. The City’s flagpoles are not intended to serve as a forum for free expression by the public. The City shall display commemorative flags only if authorized by the City Council as an expression of the City’s official sentiments. Any such authorization shall be given at a duly noticed meeting of the City Council. (a) The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Dublin City Council. 2. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty-one (31) continuous days. 3. Commemorative flags shall be displayed exclusively at the Dublin Civic Center. Such flags may be displayed on the Civic Center flag poles or on one or more buildings at the Civic Center. 4. Commemorative flags displayed on the Dublin Civic Center flagpoles shall be displayed in the last position of honor beneath the City of Dublin Flag, unless otherwise directed by the City Council and to the extent such display does not conflict with federal law, state law, or this policy. 3229102.3