Loading...
HomeMy WebLinkAbout041123-03.3 STUDY STUDY SESSION MEMORANDUM 3.3 TO: Mayor and Town Council April 11, 2023 SUBJECT: Discussion of Outdoor Flagpole Display Policy BACKGROUND On January 16, 2020, the Town Council adopted Resolution No. 46-2020, approving an Outdoor Flagpole Display Policy (see attached). The adopted policy accomplished two goals: it put in place for the first-time formal rules for the Town’s public display of flags in different locations; and, provided a procedure for the approval of “commemorative flags.” This report presents options for possible updates to the existing policy. DISCUSSION The first update to consider involves the Town’s new offices at 500 La Gonda Way. The Town has recently installed three new flagpoles at the property, with the intent of displaying, for the first time, the Town’s flag in addition to the American and California flags. This could be included in the policy to make clear the use of the third pole. The second possible update involves the approval process for the display of commemorative flags. Any approval for display of a commemorative flag is valid only for that calendar year. The Council may wish to consider amending the policy to allow for, but not require, an approval to extend beyond one calendar year. RECOMMENDATION Provide direction to Town staff regarding any changes to the Town’s Outdoor Flagpole Display Policy. Prepared by: Robert B. Ewing City Attorney Attachment: Outdoor Flagpole Display Policy 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: ______________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: 037D9297-CC7C-4BD7-9756-E7E3A50A4A87 Stepper Arnerich, Blackwell, Morgan, Storer None None EXHIBIT 1 OF RESOLUTION NO. 46-2020 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 I. 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 B.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 s hall 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. DocuSign Envelope ID: 037D9297-CC7C-4BD7-9756-E7E3A50A4A87 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. Any such request shall be accompanied by information supporting the request and graphics of the proposed flag. Any approval to display a commemorative flag shall be valid for that calendar year only. 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 and no other location. They shall be displayed for a period of time not less than one week and not more than one month. Such flags shall be displayed in the last position of honor. PAGE 2 OF EXHIBIT 1 OF RESOLUTION NO. 46-2020 DocuSign Envelope ID: 037D9297-CC7C-4BD7-9756-E7E3A50A4A87