Moraga’s Town Council considered two Flag Display Policy options during its April 22 meeting.  Option one was a Traditional Flag Display and option two was a Governmental Ceremonial Flag Display.

    Town Manager Scott Mitnick’s staff report explained, “The Town does not have a consolidated administrative policy governing the display of flags at Town-owned facilities. Adoption of a formal flag display policy would establish standards for the display of United States, State of California, Town of Moraga, and ceremonial flags at designated Town-owned public facilities.  Such a policy would also clarify if Town flagpoles are to be used to convey official governmental speech, and if they are intended to serve as a forum for public free expression.”

    Mitnick’s report added, “A comprehensive flag display policy should further address outdoor and indoor display standards, half-staff observances, ceremonial flag displays, care and retirement of flags, and assignment of responsibility for implementation.”

    During the Council’s Feb. 11 meeting, staff was directed to research and provide feedback with regards to flag display policy options.  In doing so, staff discovered that surrounding Bay Area municipalities had varying flag display policies. 

    With that in mind, Moraga’s Council was presented with two options to choose from. The first, a Traditional Flag Display Policy, would continue the past practice of restricting the display to content-neutral traditional government flags including limiting the display to the United States, State of California, and Town of Moraga flags only, with no authorization to display political or ceremonial flags of any type.

    The second option of a Governmental Ceremonial Flag Display Policy may include certain components and would expressly state that Town flagpoles are not a forum for public expression and are limited to ceremonial flags approved by the Town Council, which would be considered government speech, stated Mitnick. It would “restrict the display to a single designated flagpole or location; require requests to be from the mayor, a council member, or town manager, rather than from third parties; and set clear Town Council approval criteria included in the authorizing resolution and/or policy.” In selecting this option, the Town runs the risk of other special interest groups or individuals requesting equal time for the display of their flags. 

    Staff’s recommendation to Council was the Traditional Flag Display Policy option as it would provide clear standards, reduce administrative discretion, and reduce the risk of future disputes.  However, the Council agreed to select the second Governmental Ceremonial Flag Display Policy option. 

    Members of the public spoke in favor of the second option with specific references to flying the LGBTQ+ Pride Flag as a symbol of Moraga’s inclusivity. Council Members noted that letters were also received in favor of the second option.

    Staff is now tasked with clarifying the chosen policy with rules that will make it defensible. It must also be decided which Town flagpole will be designated as the “ceremonial” one and a maximum display period must be agreed upon. Council will receive the updates in a future meeting.