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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Councilwoman Wendy McCammack
Seventh Ward
Subject: Resolution adopting flag display
policy
Dept: Council Office
Date: October 26, 2007
File:
MCC Date: 11/05/07
Synopsis of Previous Council Action:
3/3/86 - A motion was unanimously approved to hang the POW/MIA flag on the flagpole
in front of City Hall.
Recommended Motion:
Adopt resolution
Contact person:
Councilwoman Wendy McCammack
Phon..' 'iOllll
Supporting data attached: yes
Ward:
All
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. 9
II. "'n--f
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution adopting Flag Display Policy
Backl!round:
At the meeting of the Mayor and Common Council held on October 15, 2007, Mr. Gary Cherms
of American Legion District 25 presented a proposal to the Mayor and Common Council to
establish a City policy to insure that the POW /MIA flag is displayed at City facilities.
Financial Impact:
None
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A
3 DISPLAY POLICY FOR THE UNITED STATES AND OTHER FLAGS.
4 WHEREAS, in honor of the nation, and in recognition of state and local government, the
5 City of San Bernardino regularly displays flags on and around City facilities; and
6 WHEREAS, rules and customs pertaining to the display and use of the United States flag
have been established by Executive Order of the Federal Government for use by civilians and
7 civilian groups and organizations; and
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WHEREAS, it is the desire of the Mayor and Common Council of the City of San
9 Bernardino that all City departments use and display the United States Flag in accordance with
such established rules and customs; and
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WHEREAS, over two thousand Americans, six hundred fifty from this state, who served
11 in the United States armed forces during the war in Indochina are still listed as prisoners of war
12 or missing in action; and
13 WHEREAS, this nation is deeply indebted to its servicemen and servicewomen of all
wars and conflicts for their courage and sacrifice, and should demonstrate its special
14 commitment to the missing men, women and their families by obtaining the release of those still
held prisoner of war and the fullest possible accounting from the responsible, governments
15 regarding those Americans listed as missing in action; and
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WHEREAS, the Prisoner of War/Missing in Action (POW/MIA) Flag is a powerful
symbol of the plight of these prisoners of war and missing Americans and reminds the public of
the commitment this nation must have in determining the fate of its servicemen and
servicewomen; and
WHEREAS, the Mayor and Common Council has determined it is appropriate that the
POWIMIA Flag should be displayed at certain public buildings throughout the City to increase
public awareness of the issue of prisoners of war and those missing in action and to gain public
support for the efforts ofthe United States Government to resolve this matter; and
WHEREAS, it is further the desire of the Mayor and Common Council to adopt a written
policy for the display and use of flags of the United States, State, City and other flags;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common Council of the
City of San Bernardino hereby adopt the Display Policy for the use of flags of the United States,
State, City and other flags attached hereto as Exhibit "A."
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A
DISPLAY POLICY FOR THE UNITED STATES AND OTHER FLAGS.
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I HEREBY CERTIFY that the forgoing resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a meeting
thereof, held on the day of , 2007, by the following vote, to wit:
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Councilmembers Ayes Nays Abstain Absent
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8 ESTRADA
9 BAXTER
10 BRINKER
11 DERRY
12 KELLEY
13
C V AN JOHNSON
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MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of
,2007.
Patrick Morris, Mayor
City of San Bernardino
21 Approved as to form:
22 James F. Penman
23 City Attorney
24 By: t~~ 7-. f~"".,v-.
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EXHillIT "A"
CITY OF SAN BERNARDINO DISPLAY POLICY FOR THE
UNITED STATES. STATE. LOCAL AND OTHER FLAGS
Any City department displaying the United States Flag and/or other flag subject to this policy on
any City building or grounds shall comply with this policy.
It is proper to display the United States Flag from sunrise to sunset during business hours at each
City facility when weather permits. The flag may also be displayed at night if illuminated by a
light.
The flag should be raised briskly and lowered slowly and ceremoniously.
When on display, the flag is accorded the place of honor, always positioned to its own right.
Place it to the right of the speaker or staging area or sanctuary. Other flags should be to the left.
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The United States Flag should be at the center and at the highest point of the group when a
number of flags of states, localities or societies are grouped for display.
When one flag is used with the United States Flag and the staffs are crossed, the flag of the
United States Flag is placed on its own right with its staff in front of the other flag.
When displaying the flag against a wall, vertically or horizontally, the flag's union (stars) should
be at the top, to the flag's own right, and to the observer's left.
POLICY ON DISPLAYING OTHER FLAGS
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The Mayor and City Council acknowledge the POW/MIA flag is a powerful symbol of the plight
of prisoners of war and missing Americans and reminds the public of the commitment this nation
must have in determining the fate of its servicemen and servicewomen. On August 10, 1990, the
101" Congress passed U.S. Public Law 101-355, which recognized the POW/MIA flag and
designated it "as the symbol of our Nation's concern and commitment to resolving as fully as
possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia,
thus ending the uncertainty for their families and the Nation." Thus, it is appropriate that the
POWIMIA flag should be displayed at public buildings throughout this City, during daily/normal
business hours at each City facility when weather permits, to increase public awareness ofthe
issue of prisoners of war and those missing in action and to gain public support for the efforts of
the United States government to resolve this matter.
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In flying the flag from one flag pole, the POW /MIA flag is flown directly below the United
States flag and above any state flag.
If flying the United States flag, POW /MIA and State flags from two poles, the POW /MIA flag
should be flown from the same pole as the United States flag, with the state flag flying from the
pole to the left.
If flying flags from three poles, the National Colors occupy the place of prominence (the right),
with the POW/MIA flag immediately to the left of the United States flag, and the state flag to the
left of the POW/MIA flag.
POLICY ON DISPLAYING THE FLAG AT HALF STAFF
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All City departments shall display the flag(s) at half staff at City buildings and grounds where
flags are normally displayed in accordance with this policy.
By Public Law 322, I03rd Congress, approved September 13, 1994 states, "...by order of the
President, the flag shall be flown at half staff upon the death of principal figures of the United
States govemment and the Governor of a State, territory, or possession, as a mark of respect to
their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be
displayed at half staff according to Presidential instructions or orders, or in accordance with
recognized customs or practices not inconsistent with law. In the event of the death of a present
or former official of the govemment of any State, territory, or possession, the Governor of that
State, territory, or possession may proclaim that the United States flag shall be flown at half
staff. The flag shall be flown at half staff thirty days from the death of the President or a former
President; ten days from the death of the Vice-President, the Chief Justice or a retired Chief
Justice of the United States, or an Associate Justice of the Supreme Court, or the Speaker of the
House of Representatives; from the day of death until internment of an Associate Justice of the
Supreme Court, a Secretary of an executive or military department, a former Vice-President, or
Governor of a State, territory, or possession; and on the day of death and the following day for a
member of Congress.
Display of Flag at half staff in Honor of Deceased Person
The flags of the United States, the State of California and the City of San Bernardino may be
flown at half staff upon the death of public officials at all levels of government. When death of
the public official to be so honored is verified, flags shall be flown at half staff immediately. The
flags shall remain at half staff during each day they are normally flown until lowered at the end
of the day on which the funeral is solemnized.
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On occasions where public safety personnel are killed in the line of duty, the San Bernardino
City Council may deem it appropriate to order all flags flown at half staff. Finally, the honor and
reverence accorded this solemn act should not be diminished by the display of the flag at half
staff on occasions oflocal tragedy.