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Home My WebLink About061620-07.01ADMINISTRATIVE STAFF REPORT 7.1 TO: Mayor and Town Council June 16, 2020 SUBJECT: Resolution No. 46-2020, adopting an Outdoor Flagpole Display Policy; and Resolution No. 47-2020, approving the display of the Rainbow Flag during the month of June BACKGROUND The Town of Danville's unwritten practice has been to fly the American and California flags at all Town facilities equipped with one or more flagpoles (these facilities are the Town offices, the Library/ Community Center, the Veterans Memorial Building and the Town Meeting Hall). In addition, the Town flies the POW/MIA flag at flagpoles located at the Veterans Memorial Building and the All Wars Memorial at Oak Hill Park. The Town of Danville does not have a policy addressing the display of commemorative flags at Town facilities. In light of requests to display the Rainbow flag as part of Pride Month, the Town Council requested information regarding how such policies work, particularly whether allowing some commemorative flags means that the Town would need to allow all requests for such flags. The Town Council discussed this item at a public study session on March 10,2020 and directed staff to prepare a draft policy for consideration. DISCUSSION The display of the United States and California flags is largely governed by federal and state law. There are also federal and state laws addressing the display of the POW/ MIA flag on specified dates, but not year-round as the Town has displayed it. The display of other "commemorative" flags is left to the discretion of local jurisdictions, subject only to First Amendment concerns, because such flags and the messages they convey are considered a form of speech. Those cities which desire to display commemorative flags have adopted local policies declaring that the city's flagpoles are "non-public forums," meaning that they are not intended to serve as a forum for anyone other than the city itself to speak. Under the government speech doctrine, the government itself may "speak" or express opinions without creating a public forum where others may demand the right to display a flag. The draft policy attached to this report is modeled on those adopted by other cities throughout the Bay Area and includes the following elements: • The policy addresses the display of the flags of the United States, California, and the Town (the Town does not currently display the Town flag on outdoor flagpoles but plans to do so in the future). • The policy identifies that the POW/ MIA flag shall be flown at the Veterans Memorial Building and the All Wars Memorial whenever the United States flag is flown, consistent with longstanding practice. • The policy states that commemorative flags are "an expression of the Towri s official sentiments" and their display must be requested by a member of the Council itself. This requires approval by adoption of a resolution. • The policy states that any commemorative flag shall be flown for no longer than 31 days and shall be flown only at the Library/ Community Center flagpole. At the March 10 Council study session, this location was identified as the most appropriate. Consideration of Request to display the Rainbozn Flag for the month of June As indicated above, the Town has received several requests to display the Rainbow flag for the month of June in recognition of LGBTQ Pride Month. At the Council's March study session to discuss the flag policy, several members of the Council asked to have this request considered by the Council if a policy was adopted allowing such flags. Those requests satisfy the requirement of the draft policy to have the item requested by a member of the Town Council. Given the delay in bringing the flag policy itself to the Council for action and the fact that June is Pride Month, both resolutions are being presented at the same time. If the Council adopts a flag policy allowing for commemorative flags, the Council may then consider the request to display the Rainbow flag. The proposed resolution contains findings outlining what Pride Month and the Rainbow flag represent. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. Flag Policy 2 June 16, 2020 RECOMMENDATION Adopt Resolution No. 46-2020, adopting an Outdoor Flagpole Display Policy; and, adopt Resolution No. 47-2020, approving the display of the Rainbow Flag during the month of June. Prepared by: z6e4r---�. e-:(— Robert B. Ewing City Attorney Attachments: A -Resolution No. 46-2020 Exhibit 1 - Town of Danville Flag Policy B -Resolution No. 47-2020 Flag Policy 3 June 16, 2020 DocuSign Envelope ID: A3C6D5E8-FIEF-4974-B6CD-4227D55352F1 RESOLUTION NO. 46-2020 ADOPTING AN OUTDOOR FLAGPOLE DISPLAY POLICY WHEREAS, the Town of Danville displays the United States Flag, the California State Flag and the POW/ MIA Flag on various Town -owned flagpoles; and WHEREAS, the Town does not have a written policy regarding the display of such flags or the display of any commemorative flags on Town -owned flagpoles; and WHEREAS, the Town Council desires to establish a flagpole policy for the outdoor display of flags on Town -owned flagpoles, including commemorative flags other than the United States and California flags, in a manner which does not create a public forum; now, therefore, be it RESOLVED, that the Danville Town Council hereby adopts the Outdoor Flagpole Display Policy attached hereto as Exhibit 1. APPROVED by the Danville Town Council at a special meeting on June 16, 2020 by the following vote: AYES: NOES: ABSTAINED: ABSENT: kJ • APPROVED AS TO FORM: ATTEST: F DocuSigned by: $. Fwd CITY ATTORNEY CITY CLERK ATTACHMENT A DocuSign Envelope ID: A3C6D5E8-F1EF-4974-B6CD-4227D55352F1 TOWN OF DANVILLE OUTDOOR FLAGPOLE DISPLAY POLICY The Danville Town Council hereby establishes a flagpole display policy regarding: 1) the outdoor display of the flags of the United States, the State of California, the Town of Danville, and the National League of Families POW/MIA flag on flagpoles at Town - owned facilities; and 2) the outdoor display of commemorative flags on flagpoles at Town -owned facilities. In adopting this policy, the Town Council declares that the Town'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 Town Flags, and any commemorative flag as may be authorized by the Town Council as an expression of the Town Council's official sentiments. The purpose of this flagpole policy is to provide procedural guidance for the outdoor display of flags on Town -owned flagpoles. Policy 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; Sections 430 through 439 of the California Government Code; and this policy. II. Procedure. A. United States Flag, California State Flag, and Town of Danville Flag 1. When flags are displayed on a single pole, the order from top to bottom shall be: the United States Flag, the National League of Families POW/MIA flag (where flown, see Section 13.3 below),the California State Flag, and the Town of Danville Flag. 2. When the flags are flown from adjacent flagpoles, the United States Flag shall be flown at the highest point of honor, which is either the tallest flagpole or the flagpole the furthest to the left from the standpoint of the observer. The California State Flag shall be placed in the second position of honor. The Town of Danville Flag, if displayed, shall be placed in the third position of honor. 3. Where both the United States Flag and the California State Flags are flown, they shall be of the same size. No flag displayed shall be larger than the United States Flag. 4. Flags shall be displayed during operating hours on all days on which the Town is open for business, and on national and state holidays, at a minimum. Flags may be displayed twenty-four (24) hours a day so long as they are illuminated during darkness. EXHIBIT 1 DocuSign Envelope ID: A3C6D5E8-F1EF-4974-B6CD-4227D55352F1 B. Commemorative Flags 1. The Town's flagpoles are not intended to serve as a forum for free expression by the public. The Town shall display commemorative flags only if authorized by the Town Council as an expression of the Town's official sentiments. Any such authorization shall be given at a duly noticed meeting of the Town Council. The Town Council shall only consider a request to display a commemorative flag if the request is made by a member of the Council. 2. The National League of POW/MIA Families flag shall be flown at the following locations at all times when the United States Flag is flown: the Veterans Memorial Building and the All Wars Memorial at Oak Hill Park. 3. Commemorative flags (other than the POW/MIA flag) shall be displayed exclusively on the flagpole at the Town Library/ Community Center. They shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but generally no longer than thirty-one (31) continuous days. Such flags shall be displayed in the last position of honor. DocuSign Envelope ID: 6A1A95A4-7E48-4AC4-8533-808FC4FDA5F9 RESOLUTION NO. 47-2020 APPROVING THE DISPLAY OF THE RAINBOW FLAG DURING THE MONTH OF JUNE WHEREAS, the Town of Danville has a diverse Lesbian, Gay, Bisexual, Transgender and Questioning ("LGBTQ") community, whose members live, attend school and work in Town: and WHEREAS, the Town of Danville is committed to supporting visibility, dignity and equity for all members of the community and preventing discrimination and bullying based on sexual orientation and gender identity; and WHEREAS, June has become a symbolic month in which the LGBTQ community and supporters come together in various celebrations of pride, with cities across the country recognizing and celebrating June as LGBTQ Pride Month; and WHEREAS, on June 2, 2020, the Danville Town Council presented a proclamation declaring June 2020 as LGBTQ+ Pride Month in Danville; and WHEREAS, the Rainbow flag has been recognized since the 1970s as a symbol of LGBTQ pride; and WHEREAS, the Town has adopted a policy regarding the display of commemorative flags on Town -owned outdoor flagpoles which allows individual councilmembers to request that commemorative flags be displayed or flown as a means of reflecting the Town's viewpoint; and WHEREAS, members of the Town Council have requested that the Town Council approve the flying of the Rainbow Flag for the month of June to further symbolize the Town's official recognition of June as LGBTQ Pride Month and to symbolize the Town's viewpoint in celebrating the diversity of and support for the Towri s LGBTQ community; now, therefore, be it RESOLVED, that the Danville Town Council approves the display of the Rainbow Pride Flag for the month of June in a manner consistent with the Town's Outdoor Flagpole Display Policy. ATTACHMENT B DocuSign Envelope ID: 6A1A95A4-7E48-4AC4-8533-808FC4FDA5F9 APPROVED by the Danville Town Council at a special meeting on June 16, 2020 by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: DocuSigned by: neD.� "+aC 40ADBF4BF... CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 47-2020