55A - RESO - FLAG POLICY - Laserfiche WebLink

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Resolutions to Establish City Council Flag Policy; and Display of the Pride Flag at City Hall April 5, 2016 Page 2 for the display of federal, state, and city flags, the POW-MIA flag, and commemorative flags at City facilities. Upon City Council adoption of a resolution to authorize the display of a commemorative flag, the City would purchase the flag and display it below the City of Santa Ana Flag at City Hall. Commemorative flags would be displayed only by resolution of the City Council and as an expression of the City's official sentiments. Further, consistent with the City's vision, mission, and guiding principles, it would be expected that these flags incorporate themes of diversity, equity, social justice, and inclusion. The City's flagpoles are not intended to serve as a forum for free expression by the public. Rather, the City's flagpoles are to be used exclusively by the City, where the City Council may display a commemorative flag as a form of government expression. The City will not display a commemorative flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party. The Government Speech Doctrine, defined by the United States Supreme Court, establishes that a government organization, such as the City of Santa Ana, may advance its own expression without requiring viewpoint neutrality when the government itself is the speaker, so long as its expression does not show religious preference or encourage a certain vote in an election. Therefore, the City could, by adoption of a resolution, display a commemorative flag as a form of government expression, so long as the commemorative flag does not show religious preference or encourage a certain vote in an election. Consequently, when the City Council adopts a resolution to display a commemorative flag, the display of the commemorative flag would be an exercise of government expression, where the City is the speaker. KINVAN =rcl [SM210 � V-3 IN Lei 0 1 Jim o Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective 6 (focus projects and programs on improving the health and wellness of all residents.), Strategy F (incorporate health, wellness, and equity into all applicable policies and plans). J&W-1111111 There are no fiscal impacts associated with this item. Exhibits: 1. A Resolution of the City Council of the City of Santa Ana Adopting City Council Policy on the Display of Flags at City Facilities 2. A Resolution of the City Council of the City of Santa Ana Authorizing the Annual Display of the Pride Flag at City Hall to Commemorate Harvey Milk Day and LGBT Pride Month 55A-2