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HomeMy WebLinkAbout25151RESOLUTION NO. 25151. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A FLAG DISPLAY POLICY AND AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY FACILITIES ANNUALLY IN THEWONTH OF NOVEMBER WHEREAS, the City Council desires to adopt a policy to address which flags may be flown at City facilities, and the procedures applicable to the display of such flags; and WHEREAS, the City Council desires to reflect the dignity of flags flown ,on City flagpoles or displayed in front of City facilities, as well as the role of City Hall as an inclusive gathering location and local symbol of government and democracy; 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 federal, state, and City flags, and any commemorative flag as may be authorized by the City Council as an expression of the City's official sentiments; and WHEREAS, the City believes that the fundamental rights guaranteed by the California and U.S. Constitutions apply to every person in the City. The City of Palm Springs has long been home to a culturally rich LGBTQ+ community that has played a ' significant role in the movement for equality and social justice in California, and the City prides itself as a City that respects and celebrates all persons and it is fully committed to welcoming and embracing all members of our community; and WHEREAS, the City and its residents celebrate the ,local LGBTQ+ community throughispecial events and activities in the month of November each year. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. The. City of Palm. Springs hereby adopts the Flag Display Policy attached hereto as Exhibit A and incorporated herein by this reference. The Policy provides procedural guidance for (a) the display of the flag of the United States, the state flag of California, and the -Palm Springs flag at City facilities; and (b) the display of commemorative flags as may be approved by the City Council. I SECTION 3. The City of Palm Springs does hereby resolve that the Pride Flag shall be` displayed at City Hall each year from November 1 to November 30, in accordance with the requirements and procedures set forth in the City's Flag Display Policy. SECTION 4. The City Manager or their designee is responsible for ensuring the proper implementation of the Flag Display Policy at all City facilities. I Resolution No. 25151 Page 2 SECTION 5. This resolution shall be effective immediately. ADOPTED THIS 26TH DAY OF OCTOBER 2023. , ATTEST: Arendaree, City Clerk CERTIFICATION izow_ cott C. Stiles, City Manager COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that ' Resolution No. 25151 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 26, 2023, by the following vote: AYES: Councilmembers deHarte, Holstege, Middleton; Mayor Pro Tem Bernstein; and Mayor Garner NOES: None ABSENT: None RECUSED: None IN WITNESS WHEREOF, I have here4nto set my hand and affixed the official seal of the City of Palm Springs, California, this T l ;t day of _rk�VeOLbr- 2023. 6renda`P'reb, MMC, CERA, City Clerk City of Palm Springs, California 1 Resolution No. 25151 Page 3 EXHIBIT A CITY OF PALM SPRINGS FLAG DISPLAY POLICY I. Purpose A. The City of Palm Springs'("City") desires to establish clear guidelines regarding the following matters: 1 d The outdoor display of the United States flag, the California State flag, and the City of Palm Springs flag at City facilities or City -owned or maintained flagpoles; and 2. The outdoor display of other commemorative flags at City Hall and at other City facilities, in the City Council's sole discretion. B. In adopting this Policy, the City Council desires to reflect the dignity of these flags flown on City flagpoles or displayed in front of City facilities, as well as the role of City Hall as an inclusive gathering location and local symbol of government and democracy. C. In adopting this Policy, the City Council hereby declares that flagpoles owned or maintained by the City are not intended to serve as a forum for free expression by the public, but rather as a non-public forum for the display of the United States, State of California, and City of Palm Springs flags, and any commemorative flag authorized by the City Council as an expression of the City Council's official sentiments (i.e., government speech). II. Policy A. Conformance with Federal and State Regulations. Flags shall be displayed in, accordance with Federal and State statutes and regulations, including, but not limited to, United States Code, Title 4, Chapter 1, California Government Code section 430 et seq., and this Policy. 1,. Per California Government Code section 431(a), the Flag of the United States and the Flag of the State of California shall be prominently displayed upon•or in front of public buildings of the City. 2. Per California Government Code section 434.7, any Flag. of the United States or Flag of -California that the City purchases must be made in the United States. 3. The United States Flag may only be flown at half-staff in accordance with the guidelines set forth by the. U.S. government. The State of California Flag shall be flown at half-staff if the United States Flag is flown at half-staff or on order of the Governor of California. Resolution No. 25151 Page 4 B. City Facilities. 1. Flagpoles located at City -owned or maintained facilities may fly the following flags, in the manner, described below: the United States flag, the California State flag, the City of Palm Springs flag, and any approved commemorative flag. 2. The City of Palm Springs flag shall fly at half-staff if either the United States or California flag is at half-staff. The Mayor may order the City flag to fly at half- staff upon the death of a current or former City Council Member or current City staff member or a historically significant member of the community. C. Commemorative Flags. 1. As an expression of the City's official government speech, the City Council may authorize the display of a commemorative flag to fly on flagpoles owned or maintained by the City at City facilities. 2. The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Palm Springs City Council, and a majority of City Council members agree to place the discussion to authorize such display on the agenda for a regular or special City Council meeting. Requests to fly a commemorative flag by members of the public will not be considered. 3. At a noticed and agendized City Council meeting, a majority of Council Members must agree to display the commemorative flag. 4. 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 thirty (30) consecutive days. 5. Commemorative flags must be either purchased by the City or temporarily donated for the City's use and must be clean, without holes and tears, and be made of an all-weather fabric. Commemorative flags must be the same size or smaller than the United States and California flags that are flown. The City will not be responsible for the condition of the commemorative flag once flown. 6. If any other flag is flown at half-staff, the commemorative flag will also be flown at half-staff. 7. A "commemorative flag" as defined in this Policy shall mean a flag that identifies with a specific historical event, cause, nation, or group of people that the City Council chooses to honor or commemorate consistent with the City's mission and priorities. The following are not allowed as Commemorative Flags and will not be considered by the City Council: 1 Resolution No. 25151 Page 5 , a. Flags of a particular religious movement or creed, to avoid the appearance of City government endorsing religion or a particular religious movement or creed; b. Flags of a political party, to avoid the appearance of City government endorsing a political party; and c. Flags advocating a certain outcome in an election. III. Procedures A. No other flag shall be placed above the United States flag and no other flag shall be larger than the United States flag. Other flags may be flown at the same height and in the same size, in accordance with this Policy. Where both the United State Flag and the California State flags are flown, they shall be of the same size. B. Flags should be hoisted briskly and lowered ceremoniously. The United States flag should be hoisted first and lowered last. C. 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. D. Flags shall not be displayed during inclement weather, unless all-weather flags are used and are illuminated during darkness. E. When flags are displayed on a single pole, the order from top to bottom shall be: the United States flag, the California State flag, and, if displayed, the City of Palm Springs flag and any commemorative flag. F. When the flags are flown from adjacent flagpoles, the United States flag shall be flown at the highest point of honor, which is the furthest point to the left from the I tandpoint of the observer ("the flag's right"). G. When a flag is displayed at half-staff, it shall first be hoisted to the peak for a moment and then lowered to half-staff position. Before being lowered at the end of the day or when taken down, the flags shall again be hoisted to the peak for a moment and then fully lowered. 1