HomeMy WebLinkAbout2016-093 - Adopting City Council Policy on the Display of Flags at City FacilitiesRESOLUTION NO. 2016 -093
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 displaying 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 1, 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
the California Government Code. Additionally, the standards below shall be followed
regarding the display of flags.
Resolution No. 2016 -093
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Section 4. 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.
Section 5. 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 displayed 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
flags 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 displayed on a 24 -hour basis as long as they are illuminated during
darkness.
Section 6. 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 7. 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
Resolution No. 2016 -093
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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.
(b) In accordance with the City's longstanding tradition, the POW /MIA flag shall
be displayed at designated City facilities, including City Hall.
Section 8. 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.
(d) 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
45 continuous days.
(e) Commemorative flags shall be displayed at City Hall, exclusively under the
City of Santa Ana Flag.
Section 9. 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 upon 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.
Resolution No. 2016 -093
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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 6t" day of December, 2016.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: W-cM
J16hn M. Funk
Assistant City Attorney
AYES: Councilmembers: Amezcua Benavides Reyna, Sarmiento,
Tinajero (5)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None U
NOT PRESENT: Councilmembers: Martinez Pulido (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2016 -093 to be the original resolution adopted by the City Council of the
City of Santa Ana on December 6, 2016.
Date: /Gjl,/ < "' /�' ���^a {�• /, v i's�°
M raM is D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2016 -093
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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 standards below shall be followed regarding the display of flags.
Responsibilities
The City Manager or his or her designee shall be responsible for ensuring the proper execution of this
policy at all City facilities.
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 displayed
from the same staff or may be displayed from separate staffs as follows:
a) When two or more flags are displayed 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 displayed 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 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.
Resolution No. 2016 -093
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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.
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;
2) 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 45 continuous days; and
3) 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 Governor of California.
b) The Flag of the United States shall be flown at half -staff upon 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.
Resolution No. 2016 -093
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