After staff presented Moraga Council members with two flag display policies (traditional governmental or governmental ceremonial) during the April 22 meeting, Council chose to adopt the Ceremonial Flag Display Policy. However, the details and criteria were yet to be decided.

    Town Manager Scott Mitnick’s May 13 staff report to the Council noted that in the past governmental flags such as the United States and State of California flags have been displayed at Town facilities. “The ceremonial flag framework set forth in the proposed administrative policy and resolution confirms that Town flagpoles are governmental facilities for official Town speech. They are not forums for public expression.”

    Furthermore, the new policy would give the Town control over ceremonial flag requests by requiring Council approval and would apply “clear criteria to exclude partisan, electoral, ballot-measure, and private commercial displays. This establishes a defined process and reduces legal and administrative ambiguity.”

    Any requests for ceremonial flag displays must be initiated by either the mayor, a council member, or the town manager. Third party requests will not be accepted, and all requests will be subject to approval by the Town Council whose decisions will be based on the following criteria: The display represents an expression of the Town’s official governmental sentiments; the flag does not promote a political party, candidate, ballot measure, or private commercial interest; the display is consistent with applicable federal and state laws governing the use of public flagpoles; and the display is limited to a maximum of 30 consecutive days per calendar year for any single ceremonial flag. Hours of display will be from 8 a.m. to 5 p.m.

    The adopted policy will serve as a guideline to staff with regards to compliance with the United States Flag Code which includes flag protocol, half-staff observances, flag care, and departmental responsibilities.  The policy, as drafted, identifies the ceremonial Pride Flag for annual June (Pride Month) display at the Town offices.  A private group has already donated a flag which will be displayed this month.