Agenda Item A.1
CONSENT CALENDAR
Meeting Date: May 23, 2023
TO: Mayor and Councilmembers
FROM: Deborah S. Lopez, City Clerk
SUBJECT: Policy Regarding the Display of Flags at City Facilities
RECOMMENDATION:
Adopt Resolution No. 23 -__, entitled “A Resolution of the City Council of the City of Goleta, California, Approving a Council Policy Regarding the Display of Flags at City Hall, Goleta Valley Library and the Goleta Valley Community Center”.
BACKGROUND:
On June 3, 2022, a request was made by Councilmember Richards to recognize LGBTQ+ Pride month and to raise the Pride flag at City Hall the month of June 2022 . Sta ff also reported at that meeting that we would return at a future City Council meeting with a Flag Display Policy which will clarify practices to be followed for the display of flags on City property, and also provide a procedure for the display of commemorative flags for Council consideration.
For First Amendment purposes and to provide clarity to staff and the public , staff recommends the City Council adopt a policy to establish clear guidelines on the display of flags at City facilities and to declare that the City’s flagpoles are not intended to serve as a forum for free expression by the public.
Federal law governs the display, lowering, and handling of the United States Flag. Such regulations are found in Chapter 1 of Title 4 of the United States Code. One of the requirements under federal law is that flags be lowered to half-staff following presidential proclamations for events such as national days of mourning. California Government Code Sections 430 through 439 also contain various state regulations regarding flags, including a requirement that local agencies only purchase U.S. and California flags that are made in the United States.
DISCUSSION:
The City’s municipal code does not address ceremonial flags on City facilities , and the City has not previously adopted any policy regulating the flying of ceremonial or commemorative flags on City property or at City facilities . In coordination with the City Attorney, staff reviewed the flag policies of other cities that have allowed ceremonial flags 1 Meeting Date: May 23, 2023
to be flown at city facilities and prepared the attached resolution (Exhibit A) and proposed flag policy for the Council’s consideration and adoption. The following is a summary of the proposed policy:
1. Flags shall be displayed in accordance with Federal and State laws and regulations.
2. Authorizes the City Manager to order that the City flag be lowered to half -staff in honor of a City or County employee killed in the line of duty.
3. Clarifies that governmental flags can be flown at all City facilities.
4. Commemorative or Ceremonial Flags:
Can only be displayed on the City Flag flagpole located at City Hall , Goleta Valley Library and the Goleta Valley Community Center.
The display of any commemorative or ceremonial flags will be subject to Council approval and will serve as an expression of the City’s official sentiments and community values.
The City will not display a commemorative or ceremonial flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party.
Should Council appr ove the Policy Regarding the Display of Flags at City Facilities, Section 2.3.4 of the policy a uthorizes the following ceremonial display of flags on an annual basis: Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Pride Flag, also known as the Pr ide Flag during the month of June annually. If Council chooses, it may identify and include within the policy other commemorative or ceremonial flags to be flown on an annual or other periodic basis.
FISCAL IMPACTS:
There is no fiscal impact associated with this report.
ALTERNATIVES:
The City Council could choose not to authorize a policy regarding the display of flags at city facilities.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Resolution No. 23 -__, entitled “A Resolution of the City Council of the City of Goleta, California, Approving a Council Policy Regarding the Display of Flags at Goleta Valley Library and the Goleta Valley Community Center”. 2 ATTACHMENT 1:
Resolution No. 23-__, entitled “A Resolution of the City Council of the City of Goleta, California, Approving a Council Policy Regarding the Display of Flags at City Hall, Goleta Valley Library and the Goleta Valley Community Center”. 3 RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA APPROVING A COUNCIL POLICY REGARDING THE
DISPLAY OF FLAGS AT CITY HALL, GOLETA VALLEY
LIBRARY AND THE GOLETA VALLEY COMMUNITY CENTER
WHEREAS, the City of Goleta displays and handles all flags in accordance with federal and state Law, and
WHEREAS, the City does not have local rules or guidelines regarding the display of ceremonial flags at City facilities, and
WHEREAS, the City wishes to adopt a policy to provide clear guidelines about the display of flags at City facilities that declares that the City’s flagpoles are not intended to be a forum for free expression by the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Goleta hereby finds and determines as follows:
SECTION 1.
The City Council of the City of Goleta hereby adopts the policy for the display of flags at City Hall contained in Exhibit A.
SECTION 2. Certification by City Clerk
City Clerk shall certify as to the adoption of this resolution and enter it into the original book of resolutions.
PASSED, APPROVED, AND ADOPTED this 23rd day of May, 2023.
PAULA PEROTTE
MAYOR
ATTEST:
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
4 Resolution No.23-__ Approving A Council Policy Regarding the Display of Flags at City Facilities
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, Deborah S. Lopez, City Clerk of the City of Goleta, do hereby certify that the foregoing Resolution No. 23-_ _ was duly adopted by the City Council of the City of Goleta at a meeting, held on the __rd day of May 2023, by the following roll call vote of the City Council:
AYES: NONE
NOES: NONE
ABSENT: NONE
ABSTENTIONS: NONE
(SEAL)
___________________________
DEBORAH S. LOPEZ
CITY CLERK
5 Resolution 23-XX
Exhibit A
POLICY FOR THE DISPLAY OF FLAGS AT CITY FACILITIES
SECTION 1: PURPOSE
The purpose of this policy is to establish clear guidelines regarding the display of flags at City facilities. The display of flags on City property and at City facilities shall only occur as authorized under this policy.
SECTION 2: POLICY
2.1 Conformance with federal and state Flag Regulations. Flags shall be displayed in accordance with federal and state regulations, including Title 4, Chapter 1 of the United States Code, and Sections 430 through 439 of the California Government Code.
2.2 The City Manager is authorized to order that the City flag be lowered to half-staff in honor of a City / County employee killed in the line of duty.
2.3 Governmental flags . Governmental flags may be flown on any City property or facility on a year -round basis, as directed by the City Manager. Governmental flags are the United States Flag, the POW/MIA Flag, State of California Flag, County of Santa Barbara Flag, and City of Goleta Flag.
2.4 Ceremonial or Commemorative Flags.
2.4.1 Non-Public Forum. The City’s flagpoles are not intended to be a forum for free expression by the public. Ceremonial or commemorative flags shall be displayed as an expression of the City ’s official senti ments and authorized by a direction of the City Council. Ceremonial or commemorative flags are all non-governmental flags.
2.3.2. Location. Commemorative flags shall only be displayed at City Hall, Goleta Valley Library and the Goleta Valley Community Center.
2.3.3 Time Period. Commemorative flags shall only be displayed as authorized by the City Council for a period of time authorized by direction of the City Council.
2.3.4 Authorized Ceremonial Flags. The City Council has authorized the following ceremonial display of flags on an annual basis:
• Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Pride Flag, also known as the Pride Flag during the month of June annually.
2.3.5 Selection of Other Ceremonial or Commemorative Flags. The City Council shall have authority to approve other ceremonial or commemorative flags at times and locations in accordance with local custom, history or current events, or as may be deemed appropriate. In considering to whether to authorize a new flag, the City Council shall making the following findings:
6 Resolution 23-XX
Exhibit A
(a) The flag does not advance discrimination or prejudice to ward any group of people;
(b) The flag does not support any particular religion or express a religious belief; and
(c) The flag embodies the values of the community, represents a community within the city, or symbolizes an idea important to the community;
2.3.6 Requests from Third Parties. The City will not display a commemorative or ceremonial flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party.
7