CITY OF POMONA
COUNCIL REPORT
May 16, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Mark J. Gluba, Deputy City Manager
SUBJECT: ADOPTION OF A RESOLUTION ESTABLISHING A POLICY FOR THE OUTDOOR DISPLAY OF FLAGS AT CITY FACILITIES RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-88 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ESTABLISHING A POLICY FOR THE DISPLAY OF FLAGS AT CITY FACILITIES EXECUTIVE SUMMARY:
Prior to a 2021 request to display the Pride flag in the month of June to honor Pride Month, the City practice of displaying flags at City Hall and other City facilities was structured around applicable Federal and California State Government Codes pertaining to proper display protocols of governmental flags. In accordance with previous Council direction, staff ceremonially displayed the Pride flag in June 2021, in honor of Pride Month. Due to a recent Supreme Court Decision resulting from ceremonial flag display practices in the City of Boston, MA, staff has prepared the proposed resolution (Attachment 1), to establish a City Policy for the display of ceremonial flags at public facilities as permissible governmental speech and not providing these locations for private speech or use as a public forum. The City Policy list is based upon declarations of the President of the United States.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
PREVIOUS RELATED ACTION:
At the Meeting on June 21, 2021, the City Council, directed staff to display the Pride flag on the City Hall flagpole in honor of Pride Month.
DISCUSSION:
Historically, the City has kept a practice of displaying flags at City Hall and other City facilities based upon applicable Federal and California State Government Codes pertaining to proper display protocols of governmental flags. Due to a recent Federal Supreme Court Decision resulting from ceremonial flag display practices in the City of Boston, MA, staff has prepared the proposed resolution (Attachment 1), to establish a City Policy for the display of ceremonial flags at public facilities as permissible governmental speech and not providing these locations for private speech or use as a public forum.
If approved, Resolution No. 2022-88 would establish a broader policy for display of outdoor ceremonial flags and serve as an exhaustive list of ceremonial flags that may displayed at City facilities. The list is based upon declarations of the President of the United States.
Prepared by:
_____________________________
Mark J. Gluba
Deputy City Manager
ATTACHMENTS:
Attachment No. 1 – Resolution No. 2022-88 with Exhibit A – City of Pomona Flag Display Policy Adoption of a Resolution Establishing a Policy for the Display of Flags at City Facilities