220128 0843 FW_ Flag PolicyFrom:Peter Grant
To:Peter Grant
Subject:FW: Flag Policy
Date:Friday, January 28, 2022 8:42:31 AM
Attachments:031919 ADM Flag Policy Resolution (Flag Policy).pdf
031919 ADM Flag Policy Resolution (Pride Flag).pdf
From: Brittney Cook <bcook90630@gmail.com>
Sent: Wednesday, January 26, 2022 1:47 PM
To: ADM <adm@cypressca.org>
Subject: Flag Policy
Good afternoon all,
I know we disagree on many things, but just as many times as I have questioned the
council, I have praised them. I have always approached you with respect and sought
to understand why certain decisions are made, even when I do not agree with them.
This is one case where I do not understand, so I am reaching out in hopes of
receiving clarification and sharing additional information that you may not have been
aware of.
Many nearby cities have adopted flag policies that allow the LGBTQ+ pride flag to proudly
fly at their city hall during pride month, including (but not limited to):
Stanton
Anaheim
Fullerton
Irvine
Costa Mesa
Santa Ana
Long Beach
Huntington Beach I(yes, even Huntington Beach)
Additional cities have found ways to include support for the LGBTQ community in ways that
do not involve a flag at city hall, like the city of Garden Grove who hangs pride banners on a
symbolic clock tower and the city of Seal Beach which allows their officers to wear rainbow
patches/pins during pride month.
I do not understand how the council discussed this item for mere minutes and made a decision
without having time to look into options. The agenda item states "Like Cypress, many cities
operate without a formal flag policy. Those that have a flag policy either (1) permit
only some combination of the US, State, POW/MIA, and municipal flags; or (2) allow
access to the flag poles by third parties, which effectively limits the city's ability to
exercise any control over what additional flags may be flown. In accordance with the
First Amendment to the US Constitution, once a public agency opens up a venue for
First Amendment activities, it cannot decide which flags are appropriate and
inappropriate, with very limited exceptions, such as to prohibit explicit content.".
However, through my own research, the first city that I looked into has created a
process in which they do not accept third party flag requests, they only hang
additional flags by resolution of the city council, (see attached). The agenda item as
worded implies that this would open up all kinds of (assumingly negative) possibilities
when we can clearly see that other cities are effectively managing to show support for
their LGBTQ residents without any issues. While some cities are flying flags, others
are finding ways to show support in additional ways and our city council votes to do
neither, after just 2 minutes of discussion on the item.
I implore the council to do additional research on this matter and ask the city manager
or city attorney (I'm not sure who would be responsible for this) to draft sample policy
wordings for review by the council and to look into other creative ways that cities are
able to accomplish this.
While I understand that representation of the LGBTQ community can be "divisive" as
stated in the meeting... it's just as divisive to refuse to show your support. As I
mentioned, many of you on the council work directly with the youth in our community.
You are role models and leaders to these children and young adults who widely
identify as and embrace support of the LGBTQ community. To refuse to consider
them without even looking into the matter is genuinely disappointing.
I was extremely hesitant to write this email. It is discouraging to continue to voice
opinions, ask questions and seek involvement while seemingly running into a brick
wall on all fronts. I imagine it is equally as discouraging for council members who feel
that their hands are tied on certain things (like the trash contract). I put forth my best
efforts to understand when, how and why things are done the way they are, so I
would greatly appreciate some responses and conversation as to why this decision
was made and whether or not additional considerations can be reviewed or revisited.
Please know that even when I am dissatisfied with a particular decision or process, I
respect and appreciate all of you for the hard work that you do. As someone who
holds my own (albeit much smaller) elected and volunteer positions, I understand how
difficult your job can be. This email is my attempt to start a conversation and find a
potential solution to an issue - not an attack.
Thank you,
Brittney Cook
Cell: 714-342-8585 | Office: 714-816-6435
bcook90630@gmail.com | bcook@acrisurellc.com
Insurance Advisor, CA Lic #0I11437, Acrisure LLC
President, Landell PTA
Elected Representative, Landell School Site Council
Room Parent, Mrs.Nguyen-Torres’ 5th Grade Class
Room Parent, OC Kids Childcare Classroom 3
Vice President, Cypress Community Festival Association
Secretary, Cypress High School Grad Night Committee
Treasurer, Cypress Council PTA
सभी के साथ शांति हो
“May peace be with all”
RESOLUTION 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, ESTABLISHING A POLICY FOR THE DISPLAY OF FLAGS
AT CITY HALL
THE CITY COUNCIL OF THE CITY OF FULLERTON HEREBY RESOLVES AS
FOLLOWS:
Section 1. The City Council of the City of Fullerton hereby finds, determines and
declares that the City's flagpoles are not intended to serve as a forum for free expression
by the public, but rather for the display of federal, state, and city flags, the POW -MIA Flag,
and any commemorative flag as may be authorized by resolution of the City Council as an
expression of the City's official sentiments.
Section 2. The City Council of the City of Fullerton hereby adopts the following
policy for the display of flags at City Hall:
Policy
Purpose: This policy provides the procedural guidance for the display of flags
at City Hall.
Procedures: Flags shall be displayed in conformance with Federal and State
statutes, including Title 4, Chapter 1 of the United States Code and Sections 430 through
439 of the California Government Code.
Standards:
A. POW/MIA Flags
1. The POW/MIA Flag is a nationally recognized flag, created in 1971
and recognized by an act of Congress through the adoption of U.S.
Public Law 101-355, to represent concern of individuals who are
identified as prisoners of war or missing in action. The POW -MIA
Flag has become a symbol of commitment to achieving the fullest
possible accounting for those in the future who may become
prisoners of war, missing in action, or otherwise unaccounted for as
a result of hostile action.
2. In accordance with the City's longstanding tradition, the POW/MIA
flag shall continue to be displayed at City Hall.
B. Commemorative Flags
1. Commemorative flags may be displayed only as authorized by
resolution of the City Council and as an expression of the City’s
official sentiments.
2. Commemorative flags shall be displayed for a period of time that is
reasonable or customary for the subject that is to be
commemorated, but no longer than 45 continuous days.
3. Commemorative flags shall be displayed at City Hall, exclusively.
4. The City will not display a commemorative flag based on a request
from a third party, nor will the City use its flagpoles to sponsor the
expression of a third party.
C. Display of Flags
Flags shall be displayed as follows: The United States flag shall be displayed in
the first position of honor. The California flag shall be placed in the second position
of honor. The POW/MIA flag shall be displayed in the third position of honor. The
City of Fullerton flag, if displayed, shall be placed in the fourth position of honor.
Commemorative flags shall be displayed in positions of honor following the
aforementioned flags unless otherwise directed by the City Council and to the
extent such protocol does not conflict with Federal or State law.
ADOPTED BY THE FULLERTON CITY COUNCIL on March 19, 2019.
__________________________
Jesus J. Silva, Mayor
ATTEST:
_____________________________
Lucinda Williams, City Clerk
Date
RESOLUTION 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON,
CALIFORNIA, AUTHORIZING THE ANNUAL DISPLAY OF THE PRIDE
FLAG AT CITY HALL TO COMMEMORATE HARVEY MILK DAY AND
LESBIAN, GAY, BISEXUAL AND TRANSGENDER PRIDE MONTH
WHEREAS, at the February 19, 2019 City Council meeting, Council Member
Ahmad Zahra, seconded by Council Member Jan Flory, requested that an item be placed
on a future City Council agenda to consider adopting a resolution authorizing the annual
display of the Pride Flag at City Hall to commemorate Harvey Milk Day and Lesbian, Gay,
Bisexual and Transgender (LGBT) Pride Month; and
WHEREAS, LGBT Pride Month is currently celebrated each year in the mont h of
June to honor the 1969 Stonewall riots in Manhattan. The Stonewall riots were a tipping
point for the Gay Liberation Movement in the United States. Memorials are held during
this month for those members of the community who have been lost to hate crimes or HIV
/ AIDS. The purpose of the commemorative month is to recognize the impact that lesbian,
gay, bisexual and transgender individuals have had on history locally, nationally and
internationally.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON
HEREBY RESOLVES AS FOLLOWS:
The Pride Flag shall be displayed at City Hall annually from May 22 to June 30.
ADOPTED BY THE FULLERTON CITY COUNCIL ON March 19, 2019.
__________________________
Jesus J. Silva, Mayor
ATTEST:
_____________________________
Lucinda Williams, City Clerk
Date