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HomeMy WebLinkAbout2007-436 RESOLUTION NO. 2007-436 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 8 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 10 11 12 13 14 15 16 17 18 19 WHEREAS, over two thousand Americans, six hundred fifty from this state, who served in the United States armed forces during the war in Indochina are still listed as prisoners of war or missing in action; and 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 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 regarding those Americans listed as missing in action; and 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 20 21 22 23 24 25 26 27 28 WHEREAS, the Mayor and Common Council has determined it is appropriate that the POW/MIA 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." Councilmembers Ayes Nays Abstain Absent ESTRADA X BAXTER X BRINKER ----'L- DERRY X KELLEY X V AN JOHNSON ~ MCCAMMACK X - 16 ~ b ~~~1W~CityClerk The foregoing resolution is hereby approv~this 777" day of "-1 JDep~ 17 18 November ,2007. 19 20 21 Approved as to form: 22 23 24 25 26 27 28 James F. Penman City Attorney By: ~~ 7-. p~__ (; EXHffiIT "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. 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 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 st 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 POW/MIA 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. 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 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, 103rd Congress, approved September 13,1994 states, "...byorder of the President, the flag shall be flown at half staff upon the death of principal figures of the United States government 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 government 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 ofthe United States, or an Associate Justice of the Supreme Court, or the Speaker ofthe 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 irnmediately. 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. 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 solenm act should not be diminished by the display of the flag at half staff on occasions of local tragedy.