City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 10.B
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Amending Municipal Code Section 2.32.020 Concerning Use of the City Seal and Other City Symbols Recommended Action
Staff recommends the City Council introduce for first reading an Ordinance amending Section 2.32.020 concerning the use of the City Seal and other City symbols.
Summary
At the request of Council, the City Attorney has prepared the attached Ordinance amendment to prohibit use of the City seal and other City logos and insignia for campaign purposes. It also addresses the depiction of City public resources in campaign materials, such as iconic buildings, public vehicles, etc., without inclusion of a disclaimer that the publication is not sponsored or endorsed by the City. The intent of this ordinance is to avoid public confusion that a message is endorsed by the City when it is not.
Discussion
On December 17, 2024, Council asked the City Attorney to return with a rule prohibiting the use of the City seal, official City symbols, or images of City Hall and other notable City facilities and vehicles on any clothing items, accessories, and paid political advertising advocating for or against the election of candidates or items before Council for all Councilmembers, with certain exceptions for City-provided nametags and accessories.
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The attached Ordinance expands upon Municipal Code Section 2.32.020, clarifying the City seal and logo, as well as insignia and emblems used by City departments are the property of the City, established and designed to identify official City events and programs. The Ordinance is intended to protect the value of those resources and to regulate their use so the public is not misled to believe a message is supported or authorized by the City when it is not.
The Ordinance prohibits a person or campaign committee, including City elected officers, from using the City seal, logo, or other insignia, in campaign materials, and prevents City elected officers from wearing the seal or logo at partisan rallies or events for the purpose of influencing the electorate.
It also allows any person to depict City facilities and public resources such as City Hall, the Pier and Pier Sign, City busses and fire trucks, etc., in campaign materials, including paid advertising, clothing items, and accessories, only with the following disclaimer prominently included: “This publication is not sponsored or approved by the City of Santa Monica.” Depicting City resources in campaign materials may convey the false impression of City sponsorship or approval of the message. Including the disclaimer helps avoid public confusion.
The Ordinance does not otherwise limit the depiction of City resources in non-campaign or non-political contexts.
Violation of the Ordinance is a misdemeanor subject to a fine of up to $500, or any interested party may bring a civil action to enforce. In addition, the Council may approve a censure resolution condemning violations by a Councilmember.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
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Prepared By: Katie Doerr, Deputy City Attorney III
Approved Forwarded to Council
Attachments:
A. CAO-City Seal Ordinance 1st
B. Written Comment