Loading...
HomeMy WebLinkAbout19-21 - Adopting a policy for the display of flags at City FacilitiesRESOLUTION NO. 19-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A POLICY FOR THE DISPLAY OF FLAGS AT CITY FACILITIES THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Costa Mesa ("City") displays flags at City facilities in accordance with Federal and State law; and WHEREAS, the City does not have a policy regarding the display of flags; and WHEREAS, the City Council desires to adopt a policy regarding: (1) the display of the United States Flag, the California State Flag, the POW -MIA Flag, and the City of Costa Mesa Flag at City facilities; and (2) the display of commemorative flags at City Hall; and WHEREAS, the City's flagpoles are not intended to serve as a forum for free expression by the public, but rather for the display of the Federal, State, and City flags, the POW -MIA flag, and any commemorative flag as may be authorized by the City Council as an expression of the City's official sentiments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa that: Section 1. The City Council of the City of Costa Mesa hereby finds, determines, and declares that the City's flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, and City Flags, the POW -MIA Flag, and any commemorative flag as may be authorized by resolution of the City Council as an expression of the City's official sentiments. Section 2. The City Council of the City of Costa Mesa hereby adopts City Council Policy 000-15 relating to the display of flags at City facilities. PASSED AND ADOPTED this 7th day of May, 2019. solution No. 19-21 Page 1 of 6 ATTEST: � �-Q amo- Brenda Gree City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) ss APPROVED AS TO FORM: imberly &I Barlow, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 19-21 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of May, 2019, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, REYNOLDS, MARR, STEPHENS, FOLEY NOES: COUNCIL MEMBERS: MANSOOR, GENIS ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of May, 2019. Brenda Green, ity Clerk Resolution No. 19-21 Page 2 of 6 EXHIBIT A COUNCIL POLICY 000-15 Resolution No. 19-21 Page 3 of 6 EXHIBIT A CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DISPLAY OF FLAGS 000-15 5-7-19 1 of 3 BACKGROUND The City does not have a policy regarding the display of flags at City facilities. The City Council desires to establish a policy regarding: (1) the display of the United States Flag, the California State Flag, the POW -MIA Flag, and the City of Costa Mesa Flag at City facilities; and (2) the display of commemorative flags at City Hall. In adopting this policy, the City Council declares that the City's flagpoles are not intended to serve as a forum for free expression of the public, but rather for the display of Federal, State, and City Flags, the POW -MIA Flag, and any commemorative flag as may be authorized by resolution of the City Council as an expression of the City's official sentiments. PURPOSE The purpose of this policy it to provide procedural guidance for the display of flags at City facilities. POLICY I. Standards Flags shall be displayed in accordance with Federal and State statutes, including, but not limited to, Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California Government Code, and this policy. II. Procedures A. Federal, State and City Flags The United States Flag, the California State Flag, and the City of Costa Mesa Flag shall be displayed as required by law and in accordance with this policy. 2. No other flag shall be placed above the United States Flag. 3. Flags shall be displayed during operating hours on all days on which the City is open for business, upon or in front of all City facilities equipped for flag display. Resolution No. 19-21 Page 4 of 6 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DISPLAY OF FLAGS 000-15 5-7-19 2 of 3 4. Flags shall not be displayed during inclement weather. However, all-weather flags may be displayed on a twenty-four (24) hour basis as long as they are illuminated during darkness. B. POW/MIA Flag The POW/MIA Flag is a nationally recognized flag, created in 1971 and recognized by an act of Congress through the adoption of U.S. Public Law 101-355, to represent concern of individuals who are identified as prisoners of war or missing in action. The POW -MIA Flag has become a symbol of commitment to achieving the fullest possible accounting for those in the future who may become prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action. 2. In accordance with the City's longstanding tradition, the POW/MIA flag shall continue to be displayed at City Hall. The POW/MIA flag may also be displayed at other City facilities. C. Commemorative Flags 1. Commemorative flags may be displayed only as authorized by resolution of the City Council and as an expression of the City's official sentiments. 2. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than forty-five (45) continuous days. 3. Commemorative flags shall be displayed at City Hall, exclusively. 4. The City will not display a commemorative flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party. D. Display of Flags Flags shall be displayed as follows: The United States Flag shall be displayed in the first position of honor. The California State Flag shall be placed in the second position of honor. The POW/MIA Flag shall be displayed in the third position of honor. The City of Costa Mesa Flag, if displayed, shall be placed in the fourth position of honor. Commemorative flags shall be displayed Resolution No. 19-21 Page 5 of 6 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DISPLAY OF FLAGS 000-15 5-7-19 3 of 3 in the fifth position of honor. If all flags are displayed on one flag pole, the order from top to bottom shall be: the United States Flag, the California State Flag, the POW -MIA Flag, the City of Costa Mesa Flag, and then commemorative flags. If a new flag is added, it shall be added below the existing flags, unless otherwise directed by the City Council. Resolution No. 19-21 Page 6 of 6