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B - Draft Policy on Flags on City Property

Cupertino City Council
April 7, 2026

Document
B - Draft Policy on Flags on City Property
Meeting
April 7, 2026
Body
Cupertino City Council
Original file
291 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

Policy on Flags on City
Property
Citywide Policy Manual
Policy #
Attachments:

Effective Date: April 7, 2026 Responsible Department:

City Manager’s Office
Related Policies & Notes:

This policy repeals and replaces the 2023 Commemorative Flag administrative policy

Purpose

The purpose of this policy is to establish guidelines for the display of (A) the exhibition of the flag of the United States of America, the California State flag, the Cupertino City flag, , and (B) the display of ceremonial/commemorative flags at the Cupertino Civic Center, the Cupertino Service Center, and the Memorial Park Veterans Monument at Memorial Park.

Policy

It is the policy of the City of Cupertino that flags should be displayed in conformance with Federal and State policies, as stated in the Federal “Our Flag” publication of the Congress, House Document No. 96-144 and the U.S. Flag Code (4 U.S.C. Title 4).; and the State of California Government Code Sections 430 and 437.

To establish a policy with respect to the locations and days when the United States of America, California State, and Cupertino City flags should be displayed, the following standards should be followed. The City Manager, or designee, is responsible for ensuring the proper execution of this policy.

Standards

A. Federal, State and City Flags

1. Outdoor flags will be flown in the following order of precedence: first, the United States flag; second, the California State flag; and third, the Cupertino City flag. The Prisoner-of-War/Missing-in-Action (“POW/MIA”) flag will be flown at the Veteran’s Memorial Monument.

2. When flown alongside the flag of another country, the U.S. flag will remain at full staff and in the center. Both the U.S. flag and the foreign flag shall be of equal size and height, with the foreign flag positioned to the left and the California flag to the right.

3. For ceremonial or commemorative flag raisings, as approved by Council, the City of Cupertino flag may be lowered, and the ceremonial flag added as a second flag. The U.S. and State flags shall remain in place and unchanged.

4. Weather permitting, flags should be displayed daily in front of the locations specified in this policy.

5. Flags should not be displayed in inclement weather. However, all-weather flags may be flown on a 24-hour basis as long as they are illuminated from sunset to sunrise. The City Hall flags shall be all-weather flags, shall be flown on a 24-hour basis and shall be illuminated at night.

6. The Cupertino City flag will be flown wherever there are sufficient poles to do so in accordance with this policy. The City flag may be displayed on the same pole as, and underneath the State flag, whenever the pole is of sufficient height. The Federal, State, and City flags shall not be flown on a single pole of any height.

7. Unless otherwise directed by Federal and/or State authorities; on recognized Federal and/or State holidays and on other special occasions as listed below, flags should be flown as specified in this policy from all City-owned flagpole locations. a. January 1, New Year’s Day
b. January 20, (2001, 2005, 2009, etc., every fourth year) on the day the President of the United States is inaugurated
c. Third Monday in January, Martin Luther King’s birthday d. Third Monday in February, Presidents’ Day
e. Second Sunday in May, Mother’s Day
f. Third Saturday in May, Armed Services Day
g. Last Monday in May, Memorial Day. The flags to be flown at half-staff (first raise to top, then slowly lower to half-staff) until noon and at full staff from noon until sunset. NOTE: The United States flag must always be flown by itself when displayed at half-staff.
h. Third Sunday in June, Father’s Day
i. June 14, Flag Day
j. July 4, Independence Day
k. First Monday in September, Labor Day
l. September 9, Admission Day
m. September 17, Constitution Day
n. Second Monday in October, Columbus Day
o. The first Tuesday after the first Monday in November of a presidential election year and gubernatorial election days
p. November 11, Veteran’s Day
q. Fourth Thursday in November, Thanksgiving Day

r. December 25, Christmas Day
s. State holidays
t. Special occasions of Federal, State and local proclamation

8. Flags at any City-owned flagpole locations shall be displayed in accordance with the above standards. However, the City Manager may order flags to be lowered to half- staff including but not limited to flags of the United States of America and State of California in honor of the death of a City employee.

B. Commemorative Flags

A commemorative flag is any flag other than the United States flag, the State of California flag, or the City of Cupertino flag. The display of commemorative flags on City property serves solely as an expression of the City’s official sentiment and are not intended to serve as a forum for free expression by the public. The City maintains exclusive control over the decision to display commemorative flags on City property, and no commemorative flag may be displayed without approval by the City Council.

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