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1 RiversideCA.gov
1 RiversideCA.gov
ADOPT A RESOLUTION ESTABLISHING A
POLICY FOR THE PROPER DISPLAY AND
HANDLING OF FLAGS AT CITY FACILITIES
City Council Meeting
January 17, 2023
General Services Department
RiversideCA.gov
2 1. Historically, the City of Riverside has displayed flags in conformance with Federal and State statutes.
2. The proposed Flag Policy esta blishes formal guidelines to handle and display the Flags of the United States, the
State of California and the City of Riverside.
3. The proposed Flag Policy also provides guidelines for display of commemorative flags which identify with a
specific date, historical event, cause, or group of people.
BACKGROUND
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3 1. The Inclusiveness, Community Engagement and Governmental Processes Committee (Committee) reviewed and provided input on the draft flag policy at three meetings (August 4, 2021, December 1, 2021, and November 2, 2022).
2. Following discussion on November 2, 2022, it was moved by Chair Cervantes and seconded by Vice Chair Perry to refer the flag policy to Council for consideration.
3. The motion carried with Chair Cervantes and Vice Chair Perry voting aye, and Member Conder voting no.
INCLUSIVENESS, COMMUNITY ENGAGEMENT
AND GOVERNMENTAL PROCESSES COMMITTEE REVIEW
RiversideCA.gov
4 Proper Flag Handling:
– Flags are to be raised and lowered by hand.
– Flags are to be lowered slowly and with dignity.
– The flag of the United States shall be hoisted first and lowered last.
– Flags must not touch the ground or anything beneath it. – When no longer in good condition, flags are to be
destroyed in a dignified way, preferably by burning.
OVERVIEW OF DRAFT FLAG POLICY
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5 Proper Flag Display:
– Flags are to be flown from sunrise to sunset, unless properly illuminated.
– Flags should not be displayed during inclement weather unless an all-weather flag is used.
OVERVIEW OF DRAFT FLAG POLICY
RiversideCA.gov
6 Proper Placement of Flags:
– No flag or pennant may be placed above or to the right of the United States flag.
– When displayed on a single pole, the flag order from top to bottom shall be United States, State of California, City of Riverside, then commemorative flag.
– If the City of Riverside flag is displayed, it must be the design approved by City Council on December 8, 2020.
OVERVIEW OF DRAFT FLAG POLICY
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7 Flags Flown at Half-Mast:
– Flags may be flown at half-mast only by order of the
President of the United States, or the Governor of the State of California.
– The United States Flag should be hoisted to the peak for an instant and then lowered to half-mast.
– Before lowering the United States flag for the day, it should again be raised to the peak.
– On Memorial Day, the United States flag will be flown at half-mast until noon only, then raised to the peak.
OVERVIEW OF DRAFT FLAG POLICY
RiversideCA.gov
8 City Council may authorize the display of
commemorative flags as follows:
1. In January of each year, the City Council will consider the display of commemorative flags for the upcoming year.
2. After an initial agendized discussion, staff will return to Council with a resolution supporting the City’s display of the flag(s) chosen.
3. A majority of the City Council must vote affirmatively for said resolution
COMMEMORATIVE FLAGS APPROVAL PROCESS
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9 In addition to annual consideration:
1. A Council Member may at any time during the year suggest the display of commemorative flag(s).
2. Consideration would be a two-step process where on an agenda Council considers the request and if supported by a majority of the City Council, staff would return with a resolution.
3. A majority of the City Council must vote affirmatively for said resolution.
COMMEMORATIVE FLAGS APPROVAL PROCESS
RiversideCA.gov
10 1. The specific date, historical event, cause, or group of people being honored must be consistent with the
City’s vision, mission and strategic priorities.
2. Commemorative flags must not be larger than the
flag of the United States, the State of California, or
the City of Riverside flag, and must be on the
flagpole beneath the aforementioned flags when
flown on the same staff.
COMMEMORATIVE FLAG GUIDELINES
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11 1. No more than one comme morative flag may be
displayed on a flagpole concurrently.
2. Commemorative flags may be displayed at City Hall
and other City facilities which have multiple flagpoles and/or a flagpole tall enough to accommodate
multiple flags.
COMMEMORATIVE FLAG GUIDELINES
RiversideCA.gov
12 1. Commemorative flags representing political
organizations, for-profit organizations or religious
organizations shall be prohibited from being
displayed at City facilities.
2. The City will not display a commemorative flag based on a request of a third party or to sponsor the
expression from a third party.
COMMEMORATIVE FLAG GUIDELINES
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13 Commemorative flags shall be displayed for a period of time that is reasonable, but no longer than 30
continuous days.
– Exceptions: Parks Facilities and the Veterans Memorial Wall that continuously displays the Prisoner of War flag.
COMMEMORATIVE FLAG GUIDELINES
RiversideCA.gov
14 1. On May 22, 2022, the U.S. Supreme Court released a new ruling on the Government Speech Doctrine.
1. The Supreme Court found that Boston’s policy did not constitute government speech and therefore it violated
the First Amendment when it rejected a flag.
2. Significantly, Boston’s policy did not involve review by it’s Council and every flag request received was granted until the flag in question was rejected.
SHURTLEFF V. CITY OF BOSTON
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15 1. The Supreme Court continued to acknowledge the
Government Speech Doctrine.
2. The City can still engage in government speech so
long as the speech is adopted as an expression of
the City.
3. A policy allows the City Co uncil to retain control, decide which flag(s) are flown, and under which
circumstances.
1. This ensures that it is government speech and avoids First Amendment issues.
SHURTLEFF V. CITY OF BOSTON
RiversideCA.gov
16 Strategic Priority 5 – High Performing Government
Goal 5.5 – Foster a culture of safety, well-being, resilience, sustainability, diversity and inclusion across the City organization
Cross-Cutting Threads
STRATEGIC PLAN ALIGNMENT
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17 That the City Council adopt a resolution establishing a policy for the proper display and handling of flags at City facilities and for the approval and display of
commemorative flags.
RECOMMENDATIONS
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