RESOLUTION 2022-88
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A POLICY ON DISPLAY OF FLAGS
WHEREAS, the City of Pomona currently displays the United States Flag and the State of California Flag at the Pomona City Hall; and WHEREAS, the City of Pomona does not have a policy regarding the display of flags; and WHEREAS, the City Council desires to establish a policy that provides guidance and standards for the indoor and outdoor display of flags at City facilities, including commemorative flags other than the United States, State of California, and City flags; and WHEREAS, in adopting this Policy, the City Council desires to reflect the dignity of the flags flown at City-owned or City-maintained facilities, as well as the role of the Pomona City Hall as an inclusive gathering location and local symbol of government and democracy; and WHEREAS, in adopting this Policy, the City Council declares that flags and flagpoles owned or maintained by the City of Pomona are not intended to serve as a forum for free expression by the public, but rather as a nonpublic forum for the display of the United States, State of California, and City Flags, and any Commemorative Flag authorized by the City Council as an expression of the City Council's official sentiments (government speech); and WHEREAS, in adopting this Policy, the City Council declares that the following flags should not be considered commemorative flags that can be displayed or flown on City owned or maintained flagpoles: 1) flags of a particular religious movement or creed to avoid the appearance of City government endorsing religion or a particular religious movement or creed; 2) flags of a political party to avoid the appearance of City government endorsing a political party; and 3) flags advocating a certain outcome in an election.
NOW THEREFORE, the City Council of the City of Pomona does hereby resolve, find, determine, and order as follows:
SECTION 1. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.
SECTION 2. The City Council of the City of Pomona approves the Policy on Display of Flags, attached and incorporated as Exhibit A.
PASSED, APPROVED AND ADOPTED this 16th day of May, 2022.
ATTEST: CITY OF POMONA:
_________________________ _______________________________ ROSALIA A. BUTLER, MMC Tim Sandoval
City Clerk, MMC Mayor
APPROVED AS TO FORM:
____________________
Sonia Carvalho
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF POMONA )
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on May 16, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Rosalia A. Butler, MMC
City Clerk
Exhibit A
City of Pomona Flag Display Policy
The Pomona City Council (“City Council”) desires to establish a “Flag Display Policy (“Policy”). In adopting this Policy, the City Council declares that the City of Pomona’s flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, POW/MIA, City of Pomona flags, and flags which serve to commemorate selected public observances approved by presidential proclamation as set forth in the Exhibit hereto and consistent with applicable law and past practice.
Purpose
The purpose of this Policy is to establish clear guidance from the City Council regarding the indoor and outdoor display of flags at City of Pomona (“City”) owned properties.
In adopting this Policy, the City Council desires to memorialize the past practice of displaying nationally and congressionally recognized flags, consistent with required law.
In adopting this Policy, the City Council declares that flagpoles owned or maintained by the City are not intended to serve as a forum for free expression by the public. Rather, such flagpoles are a non-public forum for the display of Federal, State, POW/MIA, City of Pomona flags, and selected commemorative flags as authorized by this Policy.
The City will only display a commemorative flag on a City flagpole if the flag represents an observance that is listed in this Policy and which has been recognized by presidential proclamation.
Policy
Conformance with Federal and State Law. The Flag of the United States, the Flag of the State, and other flags shall be displayed in accordance with all Federal and State statutes and regulations, including, but not limited to United States Code, Title 4, Chapter 1, sections 1 et seq. and California Government Code Title 1, Division 2, Chapter 3, sections 430 et seq., as may be amended from time to time, and this Policy.
City-Owned Properties (including Parks). If there is an outside flagpole, the Flag of the United States and Flag of the State may be displayed, as described in section II(A) above. The City of Pomona Flag may also be displayed from such flagpole. If flags are displayed indoors, those flags are limited to the Flag of the United States, the Flag of the State, and City of Pomona Flag.
Commemorative Flags. Selected commemorative flags may be displayed in accordance with this Policy provided that the City Council Approves the request at least 45 days prior to the day the flag is requested to be flown. A commemorative flag may not be flown for more than seven (7) days. The requesting party must complete a request form provided by staff. The requesting party must provide the flag. The City shall not incur any expenses in posting commemorative flags, unless such expenses are approved by the City Council.
If City owned property is leased or licensed to a third party, that third party shall not be bound by this Policy, but must comply with any Federal, State, or local laws related to display of flags.
Procedures
Consistent with section II(A), no other flag shall be placed above the Flag of the United States and no other flag shall be larger than the Flag of the United States.
Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last.
Flags shall be displayed during operating hours on all days on which the City is open for business, and on national and state holidays. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness.
Flags shall not be displayed during inclement weather, unless all- weather flags are used and are illuminated during darkness.
When flags are displayed on a single pole, the order from top to bottom shall be: the Flag of the United States, the Flag of the State, if displayed, the City of Pomona Flag, and, if displayed, the POW/MIA Flag.
When the flags are displayed from adjacent flag poles, the Flag of the United States shall be displayed at the highest point of honor. The Flag of the State shall be placed in the second position of honor.
List of Selected Commemorative Public Observances (Based upon declarations of the President of the United States) Martin Luther King Jr. Federal Holiday
National Sanctity of Human Life
Susan B. Anthony
Harriet Tubman
National Vietnam War Veterans
Cesar Chavez
National D.A.R.E.
National Former Prisoner of War Recognition
Peace Officers Memorial
National Day of Prayer
Mother's Day
National Missing Children's
Memorial Day
National Child's Day
Pride Day
Juneteenth
Father's Day
Women's Equality
National Grandparents' Day
Patriot Day
Citizenship Day and Constitution Week
National Good Neighbor Day
Veterans Day
National Philanthropy
America Recycles Day
Thanksgiving Day
Native American Heritage