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HomeMy WebLinkAbout2013-01-16 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 1/16/2013 • • PREPARED BY City Clerk Caron Stransky ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST To consider approval of the Flag Policy as amended. STAFF RECOMMENDATION Approve the City's Flag Policy as amended BUDGET IMPLICATION BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION El ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Caron Stransky ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Flag Policy as amended ADMINISTRATORS COMMENTS Administrator Date http: / /intranet/city- council /council - action.doc Cottage J Grove h ere Pride and Prosperity Meet To: Honorable Mayor and City Council Members From: Caron Stransky, City Clerk Date: January 8, 2013 Subject: Flag Display Policy Background Attached hereto is the City's existing Flag Display Policy, as amended, the Federal Flag Code, and the State of Minnesota's policy regarding the flying of Capital Complex flags at half -staff following the line of duty death of a public safety officer or Minnesota military service person. Discussion Under our existing Flag Display Policy, the flag shall be flown at half -staff when prescribed by the President of the United States for days of national mourning, by the Governor of Minnesota or when prescribed by the Mayor or City Administrator following the discharge of their duty, and a City resident whose death occurred during the discharge of public service duties. Under Minnesota Statutes 1.51, each American flag and Minnesota flag flown must be flown at half -staff following the death of a public safety officer, killed in the line of duty in Minnesota, or the death of Minnesota military personnel killed in the line of duty. The flags must be flown at half staff for a period of time determined by the Governor. The City's existing policy has been amended to include a statement that the American and Minnesota flags would be flown at half -staff when the flags are flown at half -staff on State buildings and reads as follows: "The flag shall be flown at half -staff when prescribed by the President of the United States for days of national mourning, when ordered by the Governor of Minnesota for display on State buildings or when prescribed by the Mayor or City Administrator following the discharge of their duty, and a City resident whose death occurred during discharge of public service duties." Recommendation Consider adopting the amended flag display policy. FLAG DISPLAY POLICY City of Cottage Grove Purpose To establish the appropriate persons and purpose to prescribe the flag shall be flown at half -staff at City of Cottage Grove buildings. Policy The flag shall be flown at half -staff when prescribed by the President of the United States for days of national mourning, ordered by the Governor of Minnesota for State public buildings or when prescribed by the Mayor or City Administrator following the death of a City Council Member, any City employee whose death occurred during the discharge of their duty, and a City resident whose death occurred during discharge of public service duties. Procedures Flags will be flown at half staff in accordance with current flag policies, procedures, and protocol, including U.S. Code Title 4, Chapter 1. Attached are the Federal Flag Code and State Policy and Procedures regarding flags. FEDERAL FLAG CODE The Federal Flag Code prescribes the proper display of and respect for the United States Flag. Each state has its own flag law. Here is the code in its entirety (PUBLIC LAW 94 -344): JOINT RESOLUTION To amend the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America", as amended (36 U.S.C. 171 -178), is amended — SEC. I. That the following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America be, and is hereby, established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States Code, Chapter I, section I and section 2, and Executive Order 10834 issued pursuant thereto. SEC. 2 (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. (b) The flag should be hoisted briskly and lowered ceremoniously. (c) The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed. (d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half -staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays. (e) The flag should be displayed daily on or near the main administration building of every public institution. (f) The flag should be displayed in or near every polling place on election days. (g) The flag should be displayed during school days in or near every schoolhouse. SEC. 3. That the flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line. (a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection Q). (b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a m o for car, the staff should be fixed firmly to the chassis or clamped to the right fender. (c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. (See Public Law 107, page 4) (d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. (e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. (f) When flags of states, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States Flag's right. (g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. (h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the,window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. (i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. (j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. (k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. (1) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as a covering for the statute or monument. (m)The flag, when flown at half -staff, should be first hoisted to the peak for an instant and then lowered to the half -staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half -staff until noon only, then raised to the top of the staff. By order 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 the 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 President 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 of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half -staff. The flag shall be flown at half -staff 30 days from the death of the President or a former President; 10 days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. As used in this subsection - (1) The `half -staff' means the position of the flag when it is one -half the distance between the top and bottom of the staff; (2) The term executive or military department' means any agency listed under sections 101 and 102 of title 5, United States Code; and (3) The term Member of Congress means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico. (n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. (o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically upon the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east. SEC. 4. That no disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. (a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. (b) The flag should never touch anything beneath it, such as the ground, the floor, water. (c) The flag should never be carried flat or horizontally, but always aloft and free. (d) The flag should never be used as wearing apparel, bedding or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general. (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. (f) The flag should never be used as a covering for a ceiling. (g) The flag should never have placed upon it, nor any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. (h) The flag should never be used as a receptacle for receiving, holding, carrying or delivering anything. (i) The flag should never be used for advertising purposes in many manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart. (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. SEC. 5. During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heard. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes. SEC. 6. During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heard. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there. SEC. 7. The Pledge of Allegiance to the flag, "I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all ", should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left should, the hand being over the heard. Persons in uniform should remain silent, face the flag, and render the military salute. SEC. 8. Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander -in -Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rules shall be set forth in proclamation. POLICYAND PROCEDURE ADMIN 04.13 DATE: November 15, 2004 TO: State Agencies FROM: Dana Badgerow, Commissioner SUBJECT. Capitol Complex Flags In accordance with Minnesota Session Laws 2004 (Chapter 173 — H.F. No. 2930), the Department of Administration has established this policy regarding the flying of Capitol Complex flags at half -staff following the line of duty death of a public safety officer or Minnesota military service person. Policy Capitol complex flags will be flown at half staff on the day of interment or final disposition of remains of a public safety officer killed in the line of duty in Minnesota or a Minnesota military service person killed in the line of duty (Minnesota Statutes 2004 Section 1.51). Flags will be flown at half -staff in accordance with current flag policies, procedures and protocol, including U.S. Code Title 4, Chapter 1. Definitions Public safety officer (Minnesota Statutes 204, 299A.41) includes: • A peace officer defined in section 626.84, subdivision 1, paragraph © or (f); • A correction officer employed at a correctional facility and charged with maintaining the safety, security, discipline, and custody of inmates at the facility' • An individual employed on a full -time basis by the state or by a fire department of a governmental subdivision of the state, who is engaged in any of the following duties: • Fire fighting; • Emergency motor vehicle operation; • Investigation into the cause and origin of fires; • The provision of emergency medical services, or • Hazardous material responder; • A legally enrolled member of a volunteer fire department or member of an independent nonprofit fire fighting corporation who is engaged in the hazards of fire fighting; • A good Samaritan while complying with the request or direction of a public safety officer to assist the officer; • A reserve police officer or a reserve deputy sheriff while acting under the supervision and authority of a political subdivision; • A driver or attendant with a licensed basic or advanced life support service transportation service who is engaged in providing emergency care; • A first responder who is certified by the emergency medical services regulatory board to perform basic emergency skills before the arrival of a licensed ambulance service and who is a member of an organized service recognized by a local political subdivision to respond to medical emergencies to provide initial medical care before the arrival of an ambulance; • A person, other than a state trooper, employed by the commissioner of public safety and assigned to the State Patrol, whose primary employment is the enforcement of commercial motor vehicle laws and regulations. Killed in the line of duty does not include death from natural causes. In the case of a peace officer, killed in the line of duty also includes the death of an officer caused by accidental means while the peace officer is acting in the course and scope of duties as a peace officer (Minnesota Statutes 2004 Chapter 299A.41, subdivision 3). In the case of military personnel, killed in the line of duty refers to an individual who is killed outright or dies as a result of wounds or injuries received in a zone of hostility. Active duty is full -time duty in the active military service of the United States, including reserve components and Minnesota Air National Guard. Minnesota military service person is an individual on full -time active duty in the armed forces of the United States, including reserve components and the Minnesota Army National Guard and Minnesota Air National Guard, who within the most recent three years has filed an individual or joint income tax return with the Minnesota Department of Revenue. Capitol Complex includes state buildings, monuments and grounds in proximity to and including the Minnesota State Capitol. Procedures The Department of Public Safety, in the case of public safety officials, and the Department of Military Affairs, in the case of armed forces personnel, will notify the Governor's Office within 24 hours of receiving notification of a death in the line of duty. The Department of Public Safety will receive notification or confirmation of a death from representatives of the Law Enforcement Memorial Association, Minnesota Professional Fire Fighters, Minnesota Ambulance Association or other recognized public safety organization. The Governor's Office will notify the Department of Administration Plant Management Division and will issue a media advisory stating the reason and the date that Capitol Complex flags will be flown at half -staff. Upon notification from the Office of the Governor, the Department of Administration Plan Management Division will arrange for flying flags at half - staff in the Capitol Complex as stated in this policy.