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CC- (1) Adoption of a Resolution Adopting a City Council Policy Entitled Flags on City Flag Poles as Recommended by the Ad Hoc City Council Policies Subcommittee; (2) Direction to the City Manager to Rescind Administrative Policy Statement No. I-05 Entitled Flags on City Flag Poles; (3) Direction to the City Manager Regarding Lowering Flags to Half-Staff Until Congress Takes Action on Gun Safety Legislation; and (4) Other Direction to the City Manager as Deemed Appropriate.
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Meeting Date: September 23, 2019
Contact Person/Dept: Shelly Wolfberg/City Manager’s Office
Phone Number: (310) 253-6000
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (09/17/19);
Department Approval: John M. Nachbar, City Manager (09/16/19)
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RECOMMENDATION
Staff recommends the City Council (1) adopt a Resolution adopting a City Council Policy entitled Flags on City Flag Poles as recommended by the Ad Hoc City Council Policies Subcommittee (Mayor Sahli-Wells and Council Member Fisch); (2) direct the City Manager to rescind Administrative Policy Statement No. I-05 entitled Flags on City Flag Poles; (3) provide direction to the City Manager regarding lowering flags to half-staff until Congress takes action on Gun Safety Legislation; and (4) provide other direction to the City Manager as deemed appropriate.
BACKGROUND
At the August 12, 2019 City Council Meeting, Mayor Sahli-Wells discussed the recent mass shootings that had taken place. She recommended (and the City Council concurred) to adjourn the City Council meeting in memory of the victims of the shootings in Gilroy, California; El Paso, Texas; Dayton, Ohio, and those who were the victims of the stabbing in Orange County. Mayor Sahli-Wells went on to state that there is a movement of Mayors across the country to fly the flag at half-staff, until Congress takes action on gun violence. She requested that the City Manager fly the flag at half-staff, until such time as Congressional action is taken on gun legislation.
The item was brought back to City Council at its meeting of August 26, 2019 for direction to the City Manager on lowering the flag to half-staff for such an observance. At that meeting, the City Council discussed the 1999 Administrative Policy Statement No. I-05, entitled Flags on City Flag Poles, which does not address the current request by the Mayor. The City Council further discussed various options, including whether the flag should be lowered at one dedicated flag pole, or if a new pole could be erected, to draw attention to the issue of the lack of gun legislation, or if flags on all City flag poles would be lowered. City Council consensus was reached to direct the Subcommittee to update the old policy and make a recommendation.
DISCUSSION
The Subcommittee has reviewed Administrative Policy Statement No. I-05 entitled Flags on City Flag Poles (Attachment 1) and is recommending several changes, including changing the Administrative Policy to a City Council Policy (Attachment 2). The changes address the various issues raised during the August 26th discussion, such as giving City Council discretion to lower the flag to half-staff at one or more City facilities; and for observances that are in addition to the delineated list of circumstances which include respect paid to City employees, Council Members or Commissioners who die while in City service, and in observance of certain national holidays and days of mourning, as specified by presidential or congressional declaration
In addition to considering the new City Council Policy, as recommended by the Subcommittee, staff is seeking specific City Council direction regarding lowering flags on one or more City properties to half-staff until such time that Congress takes action on gun safety legislation. Specifically, the City Council is requested to:
1. Determine if Council wishes to lower the flag to half-staff as discussed during the August 26th meeting;
2. Specify the City location(s) for the flag lowering to half-staff.
3. Clarify the type or categories of federal legislation to be signed into law that would signify the raising of the flags back to full-staff.
FISCAL ANALYSIS
There is no fiscal impact associated with the discussion of this item or any subsequent direction to the City Manager to lower the flag on City locations at half-staff.
ATTACHMENTS
1. 2019-09-23_ATT_Existing Administrative Policy Statement No. I-05 (Flags on City Flag Poles)
2. 2019-09-23_ATT_Proposed Changes to Existing Flag Policy
3. 2019-09-23_ATT_Proposed Resolution Adopting City Council Policy Statement entitled Flags on City Flag Poles
MOTION
That the City Council:
1. Adopt a Resolution adopting a City Council Policy Statement entitled Flags on City Flag Poles as recommended by the Ad Hoc City Council Policies Subcommittee; and
2. Direct the City Manager to rescind Administrative Policy No. I-05 entitled Flags on City Flag Poles; and
3. Provide direction to the City Manager regarding the lowering of flags to half-staff until Congress takes action on Gun Safety Legislation; and/or
4. Provide other direction to the City Manager deemed appropriate.