City of Gonzales
CITY MANAGER DEPARTMENT
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: February 22, 2022
FROM: Rene Mendez, City Manager
SUBJECT: Resolution No. 2022-10 Approving a Policy for the Outdoor Display of Governmental Flags on City Property
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2022-10, A Resolution of the City Council of the City of Gonzales Approving a Policy for the Outdoor Display of Governmental Flags on City Property.
BACKGROUND
The Council previously requested information about the ability to have the U.S. Flag flown at half-staff in honor of the death of a public official or community benefactor. While the initial opinion was the City’s actions were constrained by the Flag Code, found at U.S. Code Title 4, which vests the right to lower the flag solely in the U.S. President, State governors, and the Mayor of the District of Columbia, subsequent research indicated that the Flag Code is merely advisory. See State of Delaware v. Hodsdon, 265 F. Supp. 308, U.S. District Court for the District of Delaware, holding that the Flag Code is merely a codification of rules and customs regarding flag use and was not intended to forbid or prohibit behavior; see also Homes v. Wallace, 407 F. Supp. 493 (M.D. Ala.) aff’d without published opinion, 540 F.2d 1083 (5th Cir. 1976); N.A.A.C.P. v. Hunt, 891 F.2d 1555 (11th Cir. 1990), “The United States Flag: Federal Law Relating to Display and Associated Questions,” Congressional Report- stating that the Flag Code is merely declaratory and advisory and that the provisions of the Code on flying the flag at half- staff are only a guide (citations omitted). As such, the City has the ability to adopt half-staffing policies that fall outside of the Flag Code’s guidance. Similarly, there is no legal prohibition on the City’s ability to adopt halfstaffing policies applicable to the State Flag.
REVIEW AND ANALYSIS
AGENDA
ITEM
18 After reviewing several flag policies adopted by other cities, Staff has arrived at a policy that we believe will address City needs. The proposed policy is straightforward and authorizes the U.S. or State Flag to be flown at half-staff under the following circumstances:
1. Upon the death of a past or present City Councilmember;
2. Upon the death of public safety officer killed in the line of duty and employed within Monterey County; and
3. Upon the death of a person whose accomplishments and contributions have demonstrated a significant commitment to the Gonzales community.
Application of Category 3 is left to be determined by the City Manager and the Mayor. Vesting the authority in the Manager and Mayor will allow a timely response, since in most cases the need to lower the flag could not be coordinated with a meeting of the full Council or even a Council subcommittee.
Staff also chose to avoid establishing detailed criteria for the use of this honor, both because it is very difficult to cover all potential circumstances and Staff noted a lack of such detail in other policies that have been used for years without any apparent difficulty or controversy.
Of course the flag will be flown at half-staff when directed by the President of the United States or the Governor of the State of California.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: The proposed policy will help the City administer a means of honoring the life of individuals who have contributed to the well-being of the city and its citizens.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: N/A.
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and wellbeing of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: N/A.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: See above.
ALTERNATIVES
Your Council has the following options:
1. Request modifications to the proposed Policy; or
2. Do not move forward with the adoption of the proposed Policy. This is not recommended as the Council specifically requested the preparation of such a policy.
BUDGET IMPACT
Adoption of the proposed resolution and attendant Policy should have no impact on finances.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2022-10, A Resolution of the City Council of the City of Gonzales Approving a Policy for the Outdoor Display of Governmental Flags on City Property.
Attachments:
1. Resolution No. 2022-10
2. Exhibit A, Flag Policy