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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