Resolution No. 2022-09 | Amending Flag Flying Policy | Adopted 02/07/2022
RESOLUTION NO. 2022-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY RESCINDING RESOLUTION NO. 2021-17
AND ADOPTING THE AMENDED AND RESTATED
FLYING FLAGS AT CITY FACILITIES POLICY
WHEREAS, the City of Gilroy (“City”) displays and handles all flags in accordance with
Federal and State Law; and
WHEREAS, the City adopted a Policy for Flying Flags at City Facilities regarding the
display of flags at City facilities via Resolution No. 2021-17 adopted on May 17, 2021; and
WHEREAS, the policy established that the City’s flagpoles at City facilities are not
intended to be a forum of free expression by the public but rather are used to express official views
of the City Council of the City; and
WHEREAS, said City facilities and flagpoles are under the exclusive control of the City
and are not public forums for the free expression of the views of the public; and
WHEREAS, the City wishes to amend the policy, requiring the rescinding of the
previously adopted resolution and its policy version and replacement with the amended and
restated policy attached as Exhibit A to this resolution.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy
does hereby rescind Resolution No. 2021-17 and amend and replace the City of Gilroy Policy for
Flying Flags at City Facilities with the amended and restated policy contained in Exhibit A
attached hereto.
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Resolution No. 2022-09
City Flag Policy & Rescinding Resolution No. 2021-17
City Council Regular Meeting | February 7, 2022
Page 2 of 3
PASSED AND ADOPTED this 7th day of February, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________
Thai Nam Pham, City Clerk
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Resolution No. 2022-09
City Flag Policy & Rescinding Resolution No. 2021-17
City Council Regular Meeting | February 7, 2022
Page 3 of 3
EXHIBIT A
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City of Gilroy
Flying Flags at City
Facilities Policy
Amended and Restated February 7, 2021
Policy Effective February 8, 2022
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City of Gilroy
Flying Flags at City Facilities Policy
Purpose
To create a Council policy regarding the flying of flags at City Facilities, inclusive of the
flags of the United States, the State of California, Sister Cities, and any Commemorative
Flags as may be authorized by the City Council.
Policy
I. Definitions
a. “Applicant” shall mean an individual, business, corporation, organization or
other entity residing or based within the City Limits of the City of Gilroy
who submits an application to display a Commemorative Flag pursuant to
this policy.
b. “Application Cycle” shall mean a period of time as outlined in this policy for
Applicants to submit an application for a Commemorative Flag to be
displayed during the subsequent calendar year. Complete applications
compliant with the requirements of this policy submitted during the
Application Cycle will be submitted to the City Council for consideration.
c. “Commemorative Flag” shall mean a flag that identifies with a specific
date, historical event, cause, nation, or group of people, whereby the City
honors or commemorates the date, event, cause, nation , or group of
people by flying the flag.
d. “Sister City Flag” shall mean a flag of another city that is an officially
designated Sister City to the City of Gilroy.
II. General Policy
a. It is the policy of the City of Gilroy that the City’s flag poles are not
intended to serve as a forum for free expression by the public, but rather
for the display of the Flags of the United States and the State of California.
The flag poles located at all City facilities may also be used to display the
flags of the City of Gilroy, any Sister City Flag, and any Commemorative
Flag as may be authorized by the City Council as an expression of the
City’s official sentiments.
III. Flags of the United States and the State of California
a. The Flag of the United States and the Flag of the State of California shall
be displayed in conformance with the requirements as provided in Title 1,
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City of Gilroy
Flying Flags at City Facilities Policy
Division 2, Chapter 3 of the California Government Code entitled “Display
of Flags”
b. The Flag of the United States shall further be displayed and handled in
accordance with Title 4, Chapter 1 of the United States Code entitled “The
Flag”; sometimes referred to as the United States Flag Code. Where the
language of this code is mandatory, the City shall comply with the
requirement. Where this code provides advisory language, the City shall
follow the advisory language to the extent feasible.
IV. Flags of the City of Gilroy and any Sister City Flag
a. The Flag of the City of Gilroy, when displayed, shall be displayed in
conformance with the requirements as provided in Title 1, Division 2,
Chapter 3 of the California Government Code entitled “Display of Flags”
b. Any Sister City Flags, when displayed, shall be flown in a manner
subordinate to the requirements for the Flags of the United States and the
State of California. Additionally, they shall be in the fourth position of
honor, after the Flags of the United States, the State of California, and the
City of Gilroy.
V. Commemorative Flags
a. Requirements for Requesting the City to Display a Commemorative Flag
i. For an Applicant to request the display of a Commemorative Flag at
the Gilroy City Hall, an application must be completed which shall
require at a minimum the following:
1. The full name, physical address, phone number, electronic
mail address, and other such contact information for the
applicant as may be requested by the City.
2. The name and a full color image accurately depicting the
Commemorative Flag.
3. A statement of explanation or purpose of the
Commemorative Flag, including what the flag stands for; any
local, national, or international affiliation; brief history;
website address; and any other relevant information to be
considered by the City Council.
4. The month in which the Commemorative Flag is requested
to be displayed.
5. A minimum of 150 signatures from registered voters in
Gilroy, each of whom having reached the age of 18 years or
greater and are successfully verified as meeting these
requirements by the City through utility billing, property
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City of Gilroy
Flying Flags at City Facilities Policy
owner information, or other means that may be available to
the City. If the City is unable to verify that one or more
signatures meet these requirements through available
means of the City, the applicant will be advised of the
number of signatures deemed unverifiable and removed
from the total count.
a. The signatures are required for the initial application
when a commemorative flag is first requested. If the
applicant re-applies each year for the same flag with
the same information, the signature requirement is
waived every other year, so long as the applications
are continuous. If there is a break in the applications
for a year or more and an applicant reapplies, even if
the last application required signatures, the signature
requirement will apply.
6. Whether the applicant intends to hold a ceremony or event
for the flag raising, and verification of the applicant’s
understanding regarding the requirement to obtain approvals
and permits and pay fees to encroach upon or utilize any
public right-of-way or City property for the event.
7. An application fee, the amount of which shall be determined
and updated/maintained as part of the Master Fee Schedule.
8. If approved, the applicant must provide the flag to be flown.
The flag must be provided to City staff for inspection of the
actual flag to be displayed, which must conform with
specifications as provided by the City for size, shape, and
structure. The flag must be in acceptable condition for
display, determined at the sole discretion of the City.
ii. The specific format of the application and submittal procedures
shall be at the discretion of the City Administrator or their designee,
so long as the requirements for Applicants as outlined in this policy
are contained on the application.
iii. The Application Cycle shall open the first day of September
(September 1st) each year and shall close at the end of business on
the thirty-first day of October (October 31st) each year. Whenever
either of these dates fall on a non-business day for the City, the
deadlines shall move to the following business day for the City.
b. Commemorative Flag Approval Process
i. Applications that are complete and compliant with this policy shall
be presented to the City Council for consideration during a City
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City of Gilroy
Flying Flags at City Facilities Policy
Council meeting held before the end of December each year, after
the close of the Application Cycle.
ii. Council, in its sole discretion, shall consider the applications, and
render a decision to approve which, if any, Commemorative Flags
are approved for display.
iii. The following requirements regarding approval of displaying
Commemorative Flags shall be considered in determining which
Commemorative Flags be approved for display:
1. Only one flag may be displayed at a time.
2. Each flag shall be displayed only for one calendar month,
beginning with the first day of the month and ending on the
last day of the month.
3. Approval shall only be valid for one calendar year. A new
application must be filed for any succeeding years, even for
flags that have been approved for prior years. This is to
allow open and equal opportunities for competing
Commemorative Flags that may typically be displayed during
the same month each year.
4. Commemorative flags cannot contain messaging or content
of the following nature: (a) promoting or opposing a political
party, candidate, campaign, or political organization; (b):
religious, commercial, racial or other discriminatory
themes/speech, adult or sexually explicit, lewd, or obscene
themes or materials; illegal activity; drug or alcohol themes
or materials. Flag applications that contain these or
reasonably related material shall not be considered.
iv. Approval shall be completed via a resolution adopted by the City
Council identifying the list of which Commemorative Flags were
approved, and for which month.
c. Displaying of Commemorative Flags
i. The City’s involvement in the displaying of Commemorative Flags
shall be limited to only the following:
1. Raising of the Commemorative Flag in the earlier part of the
morning of the first day of the month.
2. Lowering of the Commemorative Flag in the late afternoon
on the last day of the month.
3. Announce the flag raising on the City’s social media and
electronic newsletter(s).
4. Where the first or last day of the month lands on a weekend
or observed City holiday, and City staff cannot raise or lower
the flag on the exact day of either the beginning and/or end
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City of Gilroy
Flying Flags at City Facilities Policy
of the month, the lowering of the previous month’s flag will
occur in the morning of the next business day, at the same
time as the raising of the next month’s flag.
ii. Commemorative Flags may only be displayed on a flag pole
located at City Hall.
d. Commemorative Flag Events
i. Should an Applicant wish to host a ceremonial event, the applicant
must file an application requesting an encroachment permit, special
event permit, and/or a facility rental to have the event. The specific
permits needed will depend upon the nature of the event and shall
be at the discretion of the City. The Applicant will be required to pay
the full application and permit fees for each permit that is required.
ii. The application document shall contain language to advise the
Applicant:
1. To contact the Community Development Department to
inquire about which permits may be required based on the
type of event they would like to host.
2. Information about the required deadlines to submit
applications, and lead-times between when a permit
application is submitted and when an approval or rejection
decision is made.
3. That such events are not approved unless and until an
official approval of all required permits is granted.
4. The application fees that must be paid by the applicant.
iii. The normal fees, insurance requirements, attestations and permit
requirements will be required to host the event, and that approval is
not guaranteed because of the flag being raised, lowered, or
displayed.
iv. All conditions of approval in each permit, as required, must be
followed for the event to be held.
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CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-09 is an original resolution, or true and correct copy of a city Resolution,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, February 7, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Monday, February 7, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
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