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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Joaquin Vazquez, Deputy City Attorney
SUBJECT: Consideration and possible action to adopt Resolution No. 22-2 – A Resolution establishing an invocation policy for City Council meetings.
DATE: January 13, 2022
EXECUTIVE SUMMARY
The proposed Resolution would establish a legislative invocation policy consistent with applicable federal and state law.
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider:
1) Adopt Resolution No. 22-2; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City Clerk will incur minor administrative costs in implementing and effectuating the proposed legislative invocation policy.
BACKGROUND
The Establishment Clauses of the United States and California Constitutions prevent government from endorsing or establishing religions.1 These clauses constitute “a wall of separation between church and State.”2 With the exception of legislative invocations, courts identify prayer is as being a religious activity without serving a secular purpose.
Legislative invocations are consistently upheld as constitutional by American courts, including the United States Supreme Court.3
1 U.S. Const. amends. I and XIV; Cal. Const. Art. I § 4. 2 Everson v. Board of Education of Ewing TP, et al. (1947) 330 U.S. 1, 16. 3 Marsh v. Chambers (1983) 463 U.S. 783, 792.
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Staff Report – Legislative Invocation Policy
January 13, 2022
BACKGROUND – Continued
The United States Supreme Court provided guidance on appropriate invocation policy protocols.4 Although the California Supreme Court has not clarified the constitutionality of such policies under the California Constitution, the United States Ninth Circuit Court of Appeals previously upheld the City of Lancaster’s invocation policy as valid under the Establishment Clauses of the United States and California Constitutions.5
ANALYSIS
If adopted, the draft Resolution would establish an invocation policy consistent with applicable laws. It would direct the City Clerk or designee to conduct outreach and compile a list of local “invocation speakers” who may be selected to provide invocations at the beginning of City Council meetings to solemnize the proceedings. The policy would prohibit City officials from engaging in any prior inquiry, review of, or involvement in, the content of any invocation to be offered by an invocation speaker and prevent the City from compensating invocation speakers.
The sample letter included in the proposed policy advises potential participants of the City’s request that the prayer opportunity not be exploited as an effort to convert others to the particular faith of the invocational speaker, nor to disparage any faith or belief different than that of the invocational speaker.
The policy would require the City Clerk or designee to select invocation speakers— which can include fire department, law enforcement, or local military chaplains—on a first-come, first-serve basis. To ensure a variety of eligible speakers are scheduled for City Council meetings, the policy would discourage the City Clerk or designee from scheduling the same invocation speaker to offer an invocation at consecutive City Council meetings or at more than three City Council meetings in a calendar year.
ATTACHMENT
Resolution No. 22-2......................................................................................................... 3
4 Town v. Greece (2014) 572 U.S. 565
5 Rubin v. Lancaster (2013) 710 F.3d 1087.
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CITY OF BELLFLOWER
RESOLUTION NO. 22-2
A RESOLUTION ESTABLISHING A LEGISLATIVE INVOCATION
POLICY FOR CITY COUNCIL MEETINGS
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Findings. The City Council finds and declares that:
A. The City Council is an elected legislative and deliberative public body.
B. Legislative bodies in the United States have long maintained a tradition of solemnizing proceedings by allowing for an opening invocation before each meeting for the benefit and blessing of legislators.
C. The City Council seeks to establish a formal invocation policy consistent with applicable law and jurisprudence.
D. Legislative invocations before deliberative public bodies have been consistently upheld as constitutional by American courts, including the United States Supreme Court. In making this determination, the City Council takes note of the following cases: Town of Greece v. Galloway (2014) 572 U.S. 565; Lee v. Weisman (1992) 505 U.S. 577; Bd. of Educ. of Westside Cmty. Sch. v. Mergens (1990) 496 U.S. 226; Lynch v. Donnelly (1984) 465 U.S. 668; Marsh v. Chambers (1983) 463 U.S. 783; Holy Trinity Church v.
United States (1892) 143 U.S. 457.
E. The City Council intends to adopt a policy that upholds an individual’s “free exercise” rights under the First Amendment.
F. The City Council seeks to adopt a policy that does not proselytize or advance any faith or show any purposeful preference of one religious view to the exclusion of others.
G. The City Council recognizes its constitutional duty to interpret, construe, and amend its policies.
SECTION 2. Adoption. The City Council adopts the following policy for opening invocations before City Council meetings:
A. In order to solemnize its proceedings, the City Council will allow for an invocation to be offered at its meetings pursuant to the policy set forth in this Resolution.
B. No individual in attendance at the City Council meeting as a member of the public, employee, City Council member or otherwise is required to participate in any invocation offered pursuant to this policy.
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City of Bellflower
Resolution No. 22-2
C. Except as otherwise provided, the invocation should be delivered by a prominent member of the community including, without limitation, a member of the clergy or religious leader within the City. To ensure that such person (the “invocation speaker”) is selected from among a wide pool of invocation speakers on a rotating basis, the invocational speaker will be selected according to the following procedure (references to the “City Clerk” include the City Clerk or designee):
1. The City Clerk will compile and maintain a database (the “Invocations List”) of notable fraternal, service club, religious congregations, or similar groups with an established presence in the City including, without limitation, organizations with religious or secular beliefs.
2. To compile the Invocations List, the City Clerk will utilize from authoritative sources including, without limitation, the Chamber of Commerce. All organizations with an established presence in the City are eligible for inclusion on the Invocations List, and any such organization can confirm its inclusion by submitting a written request to the City Clerk.
3. The Invocations List will also include the name and contact information of any persons who serves as a chaplain one or more fire departments or law enforcement agencies that serve the City or any nearby military facilities.
4. The City Clerk will update the Invocations List regularly but not less than annually, beginning one year from the date of adoption of this Resolution.
5. Within 30 days after this Resolution is effective, and the beginning of each following calendar year, the City Clerk will mail an invitation addressed to responsible persons representing eligible organizations listed on the Invocations List.
6. The City Clerk will sign and date the invitation and ensure that it includes information approved by the City Attorney to comply with this Policy. The template attached as Exhibit “A” may (but is not required) to be used for such purpose.
7. The City Clerk will schedule invitation respondents on a random basis, e.g., first-come, first-serve basis.
8. If the selected invocation speaker does not appear at the scheduled meeting, the Mayor may ask for a volunteer from among the City Council or the public to deliver the invocation.
D. No invocation speaker will receive compensation for their service.
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City of Bellflower
Resolution No. 22-2
E. The City Clerk will make all reasonable efforts to ensure a variety of eligible speakers are scheduled for City Council meetings. The City Clerk will not schedule the same invocation speaker to offer an invocation at consecutive City Council meetings or at more than three City Council meetings in a calendar year.
F. No City official, employee, or representative will engage in any prior inquiry, review of, or involvement in, the content of any invocation to be offered by an invocation speaker.
G. In adopting this policy, the City Council does not affiliate itself with or express a preference for any faith or religious denomination. This policy is intended to acknowledge and express the City Council’s respect for its legislative responsibilities and service to its constituents and demonstrate its appreciation of the diversity of religious denominations and faiths represented and practiced among the citizens of Bellflower.
SECTION 3. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 4. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5. To the extent that any other resolution pertaining to a Legislative Invocation Policy is incorporated into this Resolution, it is superseded in its entirety.
SECTION 6. The City Manager will establish policies and procedures as necessary to carry out this policy.
SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 9. Effective Date. This Resolution will become effective immediately upon adoption.
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City of Bellflower
Resolution No. 22-2
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 13TH DAY OF JANUARY 2022.
____________________________
Ray Dunton, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Attachment:
Exhibit A – Invitation Template
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CITY OF BELLFLOWER
RESOLUTION NO. 22-2
EXHIBIT “A” – INVITATION TEMPLATE
Dear community leader,
To solemnize its legislative proceedings, the City Council makes it a policy to invite community leaders in the City of Bellflower to voluntarily offer an invocation before the beginning of its meetings. As the leader of a group with an established presence in the local community of the City or in your capacity as a chaplain for one of the fire departments or law enforcement agencies of the City, you are eligible to offer this important service at an upcoming meeting of the City Council.
If you are willing to assist the City Council in this regard, please send a written reply at your earliest convenience to the City Clerk at the address included on this letterhead or via email to [email protected]. Clergy are scheduled on a first-come, first-serve or other random basis. The dates of the City Council’s scheduled meetings for the upcoming year are listed on the following, attached page. If you have a preference among the dates, please state that request in your written reply.
This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and harmony, the City Council requests only that the invocation opportunity not be exploited as an effort to convert others to the particular faith of the invocational speaker, nor to disparage any faith or belief different than that of the invocational speaker.
On behalf of the City Council, I thank you in advance for considering this invitation.
Sincerely,
City Clerk
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