HomeMy WebLinkAbout55A - RESO - FLAG POLICYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 5, 2016
TITLE:
RESOLUTION TO ESTABLISH A CITY
COUNCIL POLICY ON THE DISPLAY OF
FLAGS AT CITY FACILITIES;
RESOLUTION AUTHORIZING THE
ANNUAL DISPLAY OF THE PRIDE FLAG
AT CITY HALL
{STRATEGIC PLAN NO. 5, 6F}
CITY MANAGER
MWERM
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
y\! A
❑
As Recommended
❑
As Amended
❑
Ordinance on 1itl Reading
❑
Ordinance on 2 "d Reading
❑
Implementing Resolutlon
®
Set Public Hearing For
CONTINUED TO
I [11 .
1. Adopt a resolution to establish a City Council policy on the display of flags at City facilities.
2. Adopt a resolution to authorize the annual display of the Pride Flag at City Hall to
commemorate Harvey Milk Day and Lesbian, Gay, Bisexual, and Transgender Pride
Month.
DISCUSSION
At the September 15, 2015 City Council meeting, the City Council directed staff to display the
Rainbow Flag, also known as the Pride Flag, under the City of Santa Ana Flag at City Hall
annually from May 22 through June 30 in commemoration of Harvey Milk Day and Lesbian, Gay,
Bisexual, and Transgender (LGBT) Pride Month. Additionally, the City Council directed staff to
develop a policy regarding the display of other commemorative flags that the City Council may
authorize to be displayed for a period of time at City Hall. Staff recommends that such a policy be
incorporated with a general policy regarding the ongoing display of federal, state, and city flags,
as well as the POW -MIA flag, at City facilities, including provisions for flying flags at half -staff.
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.
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
55A -1
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
RESOLUTION NO. 2016 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING CITY COUNCIL POLICY ON THE
DISPLAY OF FLAGS AT CITY FACILITIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On September 15, 2015, the City Council of the City of Santa Ana directed
that the Pride, or Rainbow, Flag be displayed at City Hall annually from
May 22 through the month of June to commemorate Harvey Milk Day and
Lesbian, Gay, Bisexual and Transgender (LGBT) Pride Month.
B. Concurrently, the City Council directed staff to develop a policy regarding
the display of other commemorative flags that the City Council may
authorize to have displayed from time to time at City Hall.
C. It is desirable that such a policy be incorporated with a general policy
regarding the ongoing display of federal, state, and city flags, as well as
the POW -MIA Flag, at City facilities, including provisions for flying flags at
half- staff.
D. The City's flagpoles are not intended to serve as a forum for free
expression by the public, but rather for the display of federal, state, and
city flags, the POW -MIA Flag, and any commemorative flag as may be
authorized by the City Council as an expression of the City's official
sentiments.
Section 2. Purpose.
This policy, which is attached as Exhibit A, provides procedural guidance for
(1) the display of the Flag of the United States, the California State Flag, and the
City of Santa Ana Flag at City facilities; (2) the display of the POW -MIA Flag; and
(3) the display of commemorative flags at City Hall.
Section 3. Procedures.
Flags are to be displayed in conformance with Federal and State statutes,
including Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of
EXHIBIT 1 Resolution No. 2016 -xxx
55A -3 Page 1 of 4
the California Government Code. Additionally, the standards below shall be followed
regarding the display of flags.
Section 4. Outdoor Display of Federal, State, and City Flags.
(a) The Flag of the United States, the California State Flag, and the City of
Santa Ana Flag may be flown from the same staff or may be flown from separate staffs
as provided below.
(b) When two or more flags are flown from the same staff, the Flag of the
United States shall always be at the peak of the staff.
(c) When two flags are displayed from separate staffs, on the same level, the
Flag of the United States shall be placed in the position of honor, to the right of the other
flag as observed while standing directly in front of a building and facing out toward the
flags.
(d) When three or more flags are grouped and displayed from separate staffs,
the Flag of the United States shall be at the center and at the highest point. The
California State Flag shall be placed in the next position of honor, to the right of the Flag
of the United States.
(e) No other flag shall be placed above the Flag of the United States.
(f) Flags shall be displayed during operating hours on all days on which the
City is open for business, upon or in front of all City facilities equipped for display.
(g) Flags shall not be displayed in inclement weather. However, all- weather
flags may be flown on a 24 -hour basis as long as they are illuminated during darkness.
Section 5. Indoor Display of Federal, State, and City Flags.
(a) When flags are displayed in an indoor location, the Flag of the United
States shall hold the position of honor, in the front of the location. Any other flag
displayed in the same location shall be placed on its own staff and to the right of the
Flag of the United States, as observed while facing out toward the flags.
(b) When grouped and displayed with other flags, the Flag of the United
States shall be placed at the center and at the highest point among the flags.
Section 6. POW /MIA Flag.
(a) The POW /MIA Flag is a nationally recognized flag, created in 1971 and
recognized by an act of Congress through the adoption of U.S. Public Law 101 -355, to
represent concern of individuals who are identified as prisoners of war or missing in
EXHIBIT 1 Resolution No. 2016 -xxx
55A -4 Page 2 of 4
action. The POW -MIA Flag has become a symbol of commitment to achieving the
fullest possible accounting for those in the future who may become prisoners of war,
missing in action, or otherwise unaccounted for as a result of hostile action.
(b) In accordance with the City's longstanding tradition, the POW /MIA flag
shall be displayed at designated City facilities, including City Hall.
Section 7. Commemorative Flags.
(a) Commemorative flags may be displayed as an expression of the City's
official sentiments. Consistent with the City's vision, mission, and guiding principles, it
is expected that these flags incorporate themes of diversity, equity, social justice, and
inclusion.
(b) The City's flagpoles are not intended to serve as a forum for free
expression by the public. 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.
(c) Commemorative flags shall be displayed only by adoption of a resolution
of the City Council and shall be flown at City Hall, exclusively under the City of Santa
Ana Flag.
Section 8. Flying Flags at Half -Staff.
(a) The Flag of the United States shall be flown at half -staff in response to
Presidential orders or proclamations, and instructions from the California State
Governor.
(b) The Flag of the United States shall be flown at half -staff on the death of
Federal or State officials or in the event of, or to commemorate an event of, nationwide
significance on instructions from the President of the United States or Governor of
California.
(c) The Flag of the United States shall be flown at half -staff until noon on
Memorial Day and then raised to full staff for the remainder of the day at City facilities
operating on Memorial Day.
(d) Whenever the Flag of the United States is flown at half -staff, all adjacent
flags shall be flown at half- staff.
Section 9. Responsibility for Policy.
The City Manager or his or her designee shall be responsible for ensuring the
proper execution of this policy at all City facilities.
EXHIBIT 1 Resolution No. 2016 -xxx
55A -5 Page 3 of 4
Section 10. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 5" day of April, 2016.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: 0� r bra
6y O M. Funk
sslstant City Attorney
AYES
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached
Resolution No 2016 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on April 5, 2016.
Date
Clerk of the Council
City of Santa Ana
EXHIBIT 1 Resolution No. 2016 -xxx
55A-6 Page 4 of 4
City Council Policy on the Display of Flags at City Facilities
Purpose
This policy provides procedural guidance for (1) the display of the Flag of the United States, the
California State Flag, and the City of Santa Ana Flag at City facilities; (2) the display of the POW -MIA Flag;
and (3) the display of commemorative flags at City Hall.
Procedures
Flags are to be displayed in conformance with Federal and State statutes, including Title 4, Chapter 1, of
the United States Code and Sections 430 through 439 of the California Government Code. Additionally,
the following standards below shall be followed regarding the display of flags.
Standards
1. Federal, State, and City Flags
A. Outdoor Flags
The Flag of the United States, the California State Flag, and the City of Santa Ana Flag may be flown from
the same staff or may be flown from separate staffs as follows:
a) When two or more flags are flown from the same staff, the Flag of the United States shall always
be at the peak of the staff.
b) When two flags are displayed from separate staffs and on the same level, the Flag of the United
States shall be placed in the position of honor, to the right of the other flags as observed while
standing directly in front of a building and facing toward the flags.
c) When three or more flags are grouped and displayed from separate staffs, the Flag of the
United States shall be at the center and at the highest point. The California State Flag shall be
placed in the next position of honor, to the right of the Flag of the United States.
d) No other flag shall be placed above the Flag of the United States.
e) Flags shall be displayed during operating hours on all days on which the City is open for business,
upon or in front of all City facilities equipped for display.
f) Flags shall not be displayed in inclement weather. However, all- weather flags may be flown on a
24 -hour basis as long as they are illuminated during darkness.
B. Indoor Flags
a) When flags are displayed in an indoor location, the Flag of the United States shall hold the positior
of honor, in the front of the location. Any other flag displayed in the same location shall be placed
on its own staff and to the right of the Flag of the United States, as observed while facing out
toward the flags.
b) When grouped and displayed with other flags, the Flag of the United States shall be placed at the
center and at the highest point among the flags.
2. POW -MIA Flag
The POW /MIA Flag is a nationally recognized flag, created in 1971 and recognized by an act of Congress
through the adoption of U.S. Public Law 101 -355, to represent concern of individuals who are identified
as prisoners of war or missing in action. The POW -MIA Flag has become a symbol of commitment to
achieving the fullest possible accounting for those in the future who may become prisoners of war,
missing in action, or otherwise unaccounted for as a result of hostile action.
SSA-L7
a) In accordance with longstanding tradition, the POW /MIA Flag shall be displayed at designated City
facilities, including City Hall.
3. Commemorative Flags
a) Commemorative flags may be displayed only by resolution of the City Council and as an expression
of the City's official sentiments. Consistent with the City's vision, mission, and guiding principles, it
is expected that these flags incorporate themes of diversity, equity, social justice, and inclusion.
b) The City's flagpoles are not intended to serve as a forum for free expression by the public. 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.
c) Commemorative flags:
1) Shall be displayed only by adoption of a resolution of the City Council; and
2) Shall be flown at City Hall, exclusively under the City of Santa Ana Flag.
4. Flying Flags at Half -Staff
a) The Flag of the United States shall be flown at half -staff in response to Presidential orders or
proclamations, and from instructions by the California State Governor.
b) The Flag of the United States shall be flown at half -staff on the death of Federal or State officials or
in the event of, or to commemorate an event of, nationwide significance on instructions from the
President of the United States or Governor of California.
c) The Flag of the United States shall be flown at half -staff until noon on Memorial Day and then
raised to full staff for the remainder of the day at City facilities operating on Memorial Day.
d) Whenever the Flag of the United States is flown at half- staff, all adjacent flags shall be flown at
half-staff.
Responsibilities
The City Manager or his or her designee shall be responsible for ensuring the proper execution of this
policy at all City facilities.
RESOLUTION NO. 2016 -XXX
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
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On April 5, 2016, the City Council of the City of Santa Ana approved a
resolution adopting a City Council policy regarding the display of federal,
state, and city flags, the POW -MIA Flag, and commemorative flags at City
facilities equipped for display.
B. The City Council policy provides for the display of commemorative flags at
City Hall that the City Council may authorize by resolution. Where so
authorized, commemorative flags are to be flown at City Hall, exclusively
under the City of Santa Ana Flag.
C. The Pride, or Rainbow, Flag is a nationally recognized flag that was
created in 1978 to represent the gay community and has become an
internationally recognized symbol for Lesbian, Gay, Bisexual, and
Transgender (LGBT) rights.
D. Harvey Milk is recognized as the first openly gay individual to be elected to
public office in a major city, serving on the San Francisco Board of
Supervisors from 1977 -1978. In 2009, the State of California created an
official day of significance in his honor, to be observed on May 22, Milk's
birthday.
E. LGBT Pride Month is celebrated annually in the month of June to honor
the 1969 Stonewall Riots in New York City, which marked a pivotal point
for LGBT rights in the United States.
F. The City desires to display the Pride Flag at City Hall annually from May
22 through the month of June to heighten awareness of Harvey Milk Day
and LGBT Pride Month, and to celebrate diversity and inclusion.
EXHIBIT 2 Resolution No. 2016 -xxx
55A -9 Page 1 of 2
Section 2. The Pride Flag shall be displayed at City Hall annually from May 22
through June 30, in acknowledgement of Harvey Milk Day and LGBT Pride Month,
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 51h day of April, 2016.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By' �^
oh M. Fu n
sistant City Attorney
AYES Councilmembers
NOES: Councilmembers
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached
Resolution No 2016 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on April 5, 2016.
Date
Clerk of the Council
City of Santa Ana
EXHIBIT 2
55A -10
Resolution No. 2016 -xxx
Page 2 of 2