CC - Item 4C - Adopt Resolution No. 2023-44 on Flying Flags on City Owned Flag Poles on City PropertyROSEMEAD CITY COUNCIL
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER ,I `
DATE: JULY 25, 2023
SUBJECT: ADOPT RESOLUTION NO. 2023-44, ON FLYING FLAGS ON CITY
OWNED FLAG POLES ON CITY PROPERTY
SUMMARY
At the Council meeting of July 11, 2023, the City Council discussed the flying of the Pride
commemorative flag on City Owned Flag Poles.
At the recommendation of the City Attorney, prior to the City Council approving the flying of
additional flags on City owned flag poles, the City Council should adopt a resolution with a flag
policy. The reason a flag policy is important is to better clarify that the City owned flag poles
are used only as government speech as a limited public forum and only upon proper
consideration and approval of the City Council. By having a policy, it makes clear that the flag
poles are not open to other groups or individuals to use the City owned flag poles to have other
flags flown and is not a forum for private speech.
This recommendation is supported by the recent United States Supreme Court case decided last
May 2022 in Shurtleff v. City of Boston, No. 20-1800, where the City's failure to have a policy
opened it up to a successful challenge when it denied a request to fly on the City Hall flag pole
what the requestor called a "Christian flag" as a violation of the requestor's free speech as the
City had no policy to clarify that the flag poles were for government speech and not private
speech.
After discussion at the July 11 Council meeting, the City Council voted to have a resolution
brought back at the Council meeting of July 25' providing that the City shall only fly, on
official, City -owned flagpoles, the flags of the United States of America, State of California, City
of Rosemead, and Flags of the United States Armed Forces.
AGENDA ITEM 4.0
City Council Meeting
July 25, 2023
Page 2 of 2
STAFF RECOMMENDATION
That the City Council adopt Resolution No. 2023-44 establishing that City owned Flag Poles on
City Property are for government speech and that the City shall only fly, on official, City -owned
flagpoles, the flags of the United States of America, State of California, City of Rosemead, and
Flags of the United States Armed Forces.
FISCAL IMPACT
There is no fiscal impact associated with the recommendation of this report.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Rachel Richman, City Attorney
Attachment: Resolution No. 2023-44
4889-4845-2465 v l
Attachment A
Resolution No. 2023-44
RESOLUTION NO. 2023-44
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
REGARDING THE OUTDOOR DISPLAY OF GOVERNMENTAL FLAGS
ON CITY OWNED FLAG POLES ON CITY PROPERTY
WHEREAS, the City Council desires to establish a uniform policy to govern the
display of governmental flags on City -owned flagpoles on City Property and declares
that the City's flagpoles are not intended to be a forum for free expression by the public
but are limited public forums for City Council sentiments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rosemead as follows:
1. The City Council approves and authorizes the governmental flag policy on
City -owned flag poles as outlined in the attached Exhibit A.
2. If any action, subsection, clause or phrase of this Resolution or the policy
in Exhibit A shall be held invalid or unconstitutional by a court of
competent jurisdiction, such invalidity shall not affect the validity of the
remaining portions of this Resolution or of the policy adopted by this
Resolution that can be given effect without the invalid provisions.
PASSED and ADOPTED by the City Council of the City of Rosemead, California, this
25th day of July 2023,
ATTEST:
Ericka Hernandez, City Clerk
Steven Ly, Mayor
APPROVED AS TO FORM:
Rachel Richman, City Attorney
EXHIBIT A
Outdoor Display of Governmental Flags on City Property
Purpose
The purpose of this City Council Resolution is to establish a policy to govern the flying
of the United States of America, State of California, City of Rosemead Flag and the
Flags of the United States Armed Forces ("defined as Governmental Flags") on City -
owned flagpoles.
Applicability
The City shall only fly, on official, City -owned flagpoles, the flags of the United States of
America, State of California, City of Rosemead, and Flags of the United States Armed
Forces.
Nothing set forth in this Policy is intended to prohibit or curtail individuals from
displaying a flag on private property under his or her control or wearing or carrying a
flag.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, California, do hereby certify
that the foregoing Resolution No. 2023-44 was duly adopted by the City Council of the
City of Rosemead, California, at a regular meeting thereof held on the 25th day of July,
2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk