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Home My WebLink About03-05-2013 b3 update of city flag policycounci lAagenba 12epoat 'Meeting Date 3-5-2013 Item Number B 3 • C I T Y O F S A N L U I S O B I S P O FROM : Michael Codron, Assistant City Manage r SUBJECT :UPDATE OF THE CITY'S FLAG POLIC Y RECOMMENDATIO N Approve an updated flag policy and direct the City Manager to implement the approved changes . DISCUSSIO N Backgroun d In 2004, the City Council adopted a flag policy . This policy establishes the etiquette to be followe d in raising and lowering the flag, the reasons for lowering the flag to half-staff, and the process fo r causing the flag to be flown at half-staff The policy was established following the deaths o f President Ronald Reagan, and a former Council Member, which created questions in the communit y regarding proper display etiquette with respect to flying the flag at half-staff The City's current fla g policy is attached (Attachment 1). Recently, the question of lowering the flag to half-staff on Pearl Harbor Remembrance Day wa s raised and discussed among employees and other members of the community . The current polic y does not provide for lowering the flag on this day . As a result of this discussion, a group o f employees who are veterans or actively serving as reserve members of the armed forces met t o review the policy and suggest revisions . The proposed revisions were further reviewed by staff i n the Administration, Human Resources, and Public Works Departments and the final draft i s attached in both legislative draft and fmal format (Attachments 2 and 3). Policy Update Minor changes are proposed throughout the policy to update it and ensure consistent implementation . The following sections highlight two areas where more substantial changes ar e proposed . Days to Fly the Flag at Half-Staff The proposed update adds three days to the list of days when the flag is to be flown at half-staff . These three days include Pearl Harbor Remembrance Day, Patriot Day (September 11), and durin g Fire Prevention Week to coincide with the day that the State of California holds a memorial t ohonor fallen firefighters . Memorial Day and Peace Officer's Memorial Day are currently include d in the policy B3-1 Mayor's Authority to Lower the City Flag to Half-Staff In addition to adding these days, the revised policy proposes that following the death of a prominen t citizen or a City employee (who dies in the line of duty), the Mayor may fly the City flag at half- staff, rather than the American flag . Federal Law Relating to Display of the Flag in Relation to Local Polic y It is important to note that the U .S . Flag Code is designed to be used by civilian groups o r organizations, such as the City of San Luis Obispo, that are not required to conform to regulation s applicable to executive departments of the federal government . As a result, the Code does no t prescribe any penalties and has no enforcement provisions . It is intended to be a guideline . Current City policy gives the Mayor the authority to lower the American flag to half-staff as a sig n of respect following the death of prominent citizens, including active and former members of th e City Council . The Flag Code does not provide this authority to Mayors, and the organizatio n Veterans of Foreign Wars (VFW) recommends that Mayors only fly local flags at half-staff for th e purpose of honoring local persons of distinction . The City flies its local flag, the blue and yellow bell, in Mission Plaza and staff is recommendin g that only this flag be lowered to half-staff in the future following the death of a prominent citizen o r employee who dies in the line of duty . This change is expected to avoid confusion regardin g authority and the local application of the U .S . Flag Code in the future . Also included in the current policy is a provision that allows the Police Chief and the Fire Chief t o lower the American flag at their respective facilities upon the death of a law enforcement agent o r firefighter of any jurisdiction . This provision follows public agency custom, and appears to be a locally accepted divergence from the Flag Code . A revision to the policy is recommended to ensur e that the Chiefs coordinate with the Mayor and the City Manager when a decision is made to lowe r the flag at any of our public safety facilities . CONCURRENCE S The Public Works Department, Police Department and Fire Department concur with thi s recommendation . FISCAL IMPACT The proposed policy changes are expected to have no fiscal impact . When the flag is to be flown a t half-staff on a weekend, it is possible that call-back staff would have to be used to perform thi s duty . The Public Works Department budgets for call-back and the changed policy is not expected t o increase call-back pay beyond the existing budget . It should be noted that staff makes every effort t o coordinate this duty with staff during their normal working hours to avoid additional costs . • • B3-2 ALTERNATIVE S Do Not Update the Flag Policy .The City Council could decide not to update the current fla g policy . This alternative is not recommended because the policy has not been renewed or update d since 2004 and updating the policy now will improve its implementation . ATTACHMENT S 1. Current City Flag Polic y 2. Proposed City Flag Policy, Legislative Draft 3. Proposed City Flag Policy, Final Draft AVAILABLE FOR REVIEW IN THE COUNCIL OFFIC E 1. CRS Report for Congress : The United States Flag : Federal Law Relating to Display an d Associated Questions (2008 ) 2. U .S Flag Cod e Icounol agenda reports\20132013-03-05\9a9 policy (codronnflagpolicyupdate(3-5-13).doc B3-3 FLAG DISPLAY POLICY FOR CITY FACILITIE S Policy : 1.The City of San Luis Obispo will use the Federal Flag Code for general flag etiquette . 2.The City will lower flags to half-staff for the following reasons : 2 .1 . When a national day of mourning has been declared by the President of the Unite d States . 2 .2 . When a day of mourning has been declared by the Governor for the State of California. 2 .3 . On Memorial Day and Peace Officers Memorial Day. 2 .4 . When the Mayor, in consultation with the City Administrative Officer (CAO), direct s that the flags be lowered to half-staff because of the death of a prominent citizen o r current or former Mayor or City Councilmember . 2 .5 . When an employee has died in the line of duty . 2 .6 . Consistent with public safety agency custom, the Police Chief and Fire Chief ma y declare that flags be flown at half-staff at their respective department facilities t o recognize the death of any law enforcement agent or firefighter regardless o f community . See 3 .2 below for length of time a flag is flown at half-staff. 3.With regard to the length of time a flag is flow at half-staff, the following will apply: 3 .1 For a national or state day of mourning, length of time shall be consistent with federal o r state protocol ; 3 .2 For a City day of mourning, length of time shall be determined by the Mayor, but shal l be no longer than from the date of death or the first working day after the date of deat h through the date of the memorial service . 4.Flags should never be lowered to express policy or political positions . Process : 1.The Mayor, in consultation with the CAO, is authorized to declare that City flags fly at half- staff. 2.The CAO will notify via email all City employees when and why flags are being flown a t half-staff, so that employees, if necessary, can explain to citizens who ask why the flag i s flying at half-staff. 3.Following a declaration, flags will be flown at half-staff at all City facilities with fla g displays for the duration specified . (Note exception 2 .6 ) 4.Each Department Head (or designee) is responsible for implementing the declaration in thei r respective department . • B3-4 FLAG DISPLAY POLICY FOR CITY FACILITIE S Policy : 1.The City of San Luis Obispo will use the Federal Flag Code for general flag etiquette . 2.The City will lower flags to half-staff for the following reasons : 2 .1 . When a national day of mourning has been declared by Proclamation of the President o f the United States . 2 .2 . When a day of mourning has been declared by Proclamation of the Governor for th e State of California . 2 .3 !...A-!:..:e OnMemorial Day, Peace Officer s Memorial Day, lvleniorialDay,—Patriot.Day-(September 11), the Saturday of Nationa l Fire Prevention Week, and Pearl Harbor Remembrance Day . 2 .4 . When4The Mayor, in consultation with the City Manager :Administrative-Off-leer (CAO);maydirects that the Cityflags be lowered to half-staff because of the death of a prominent citizen or current or former Mayor or City Councilmember,or when an employee has died in the line of duty .- 2 .5 When an-employeehas-died-in the line of-duty . 2.6:2 .5__ Consistent with public safety agency custom, the Police Chief and Fire Chief,,in consultation with the Mayor ,and City Manager, may declare that flags be flown at half - staff at their respective department facilities to recognize the death of any la w enforcement agent or firefighter regardless of community . See 3 .2 below for length o f time a flag is flown at half-staff. 3.With regard to the length of time a flag is flow at half-staff, the following will apply : 3 .1 For a national or state day of mourning, length of time shall be consistent with federal o r state protocol ;on Memorial Day, flags will be flown at half-staff until noon, the n returned to full-staff in accordance with federal protocol . 3 .2 For a City day of mourning, length of time shall be determined by the Mayor, but shal l be no longer than from the date of death or the first working day after the date of death through the date of the memorial service . 4.Flags should never be lowered to express policy or political positions . Process • 1 . The Mayor, in consultation with the GAOCty Manager, is authorized to declare that the Cit yflags fly at half-staff. • 12 . The CA() City Manager will notify via email all City employees when and why flags ar e being flown at half-staff, so that employees, if necessary, can explain to citizens who as kwhy the flag is flying at half-staff . • B3-5 3 . Following a declaration, flags will be flown at half-staff at all City facilities with fla g displays for the duration specified . (Note exception 2 .65 ) 4eEach Department Head (or designee) is responsible for implementing the declaration in their respective department . 4:5 _For all des listed in 2.notice will be given to all Cit .dcartments _and divisions_ emai l and calendared via Outlook . • • B3-6 FLAG DISPLAY POLICY FOR CITY FACILITIE S Policy: 1.The City of San Luis Obispo will use the Federal Flag Code for general flag etiquette . 2.The City will lower flags to half-staff for the following reasons : 2 .1 . When a national day of mourning has been declared by Proclamation of the President o f the United States . 2 .2 . When a day of mourning has been declared by Proclamation of the Governor for th e State of California. 2 .3 . On Memorial Day, Peace Officers Memorial Day, Patriot Day (September 11), th e Saturday of National Fire Prevention Week, and Pearl Harbor Remembrance Day . 2 .4 . The Mayor, in consultation with the City Manager, may direct that the City flag b e lowered to half-staff because of the death of a prominent citizen or current or forme r Mayor or City Councilmember, or when an employee has died in the line of duty . 2 .5 . Consistent with public safety agency custom, the Police Chief and Fire Chief, i n consultation with the Mayor and City Manager, may declare that flags be flown at half - staff at their respective department facilities to recognize the death of any la w • enforcement agent or firefighter regardless of community . See 3 .2 below for length o f time a flag is flown at half-staff 3.With regard to the length of time a flag is flow at half-staff, the following will apply : 3 .1 For a national or state day of mourning, length of time shall be consistent with federal o r state protocol ; on Memorial Day, flags will be flown at half-staff until noon, the n returned to full-staff in accordance with federal protocol . 3 .2 For a City day of mourning, length of time shall be determined by the Mayor, but shal l be no longer than from the date of death or the first working day after the date of deat h through the date of the memorial service . 4.Flags should never be lowered to express policy or political positions . Process : 1.The Mayor, in consultation with the City Manager, is authorized to declare that the City fla g fly at half-staff 2.The CAO will notify via email all City employees when and why flags are being flown a t half-staff, so that employees, if necessary, can explain to citizens who ask why the flag i s flying at half-staff. • 3 . Following a declaration, flags will be flown at half-staff at all City facilities with fla g displays for the duration specified . (Note exception 2 .5) • B3-7 4.Each Department Head (or designee) is responsible for implementing the declaration in their respective department. 5.For all days listed in 2 .3, notice will be given to all City departments and divisions via emai l and calendared via Outlook . • • • B3-8