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Resolution to Establish Flag Policy; Resolution to Authorize the Display of the Pride Flag December 6, 2016 Page 2 display of commemorative flags. To mitigate earlier concerns regarding the duration of the display of commerative flags, staff recommends that commemorative flags be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but for no longer than 45 continuous days. Staff has prepared a resolution for the adoption of a City Council Policy on the Display of Flags at City Facilities (Exhibit 1). Contingent upon the adoption of this resolution, the City Council may adopt a resolution (Exhibit 2) to authorize the annual display of the Pride Flag in accordance with the proposed City Council policy. Consistent with the proposed flag policy, the display of all commemorative flags, including the Pride Flag, is to be authorized by adoption of a resolution. Historically, the City of Santa Ana has displayed flags in conformance with Federal and State statutes. The proposed City Council policy would augment existing practice by outlining standards for the display of the Flag of the United States, the California State Flag, the City of Santa Ana Flag, and the POW -MIA flag, as well as provide a process for the display of commemorative flags at City facilities. To ensure an equitable process, any interested Councilmember would be able to introduce, for City Council consideration, a commemorative flag to be displayed under the City of Santa Ana Flag at City Hall. The discussion of the commemorative flag would take place during a City Council meeting, providing an opportunity for Councilmembers to openly discuss the commemorative flag, while engaging the public to participate via public comments. At the direction of the City Council, staff would prepare a resolution authorizing the display of the commemorative flag, which would be presented at the subsequent meeting for City Council consideration. 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 55F -2