City Council Agenda
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Memo to: |
Manteca City Council |
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From: |
L. David Nefouse, City Attorney; Toni Lundgren, City Manager |
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Prepared by: |
L. David Nefouse, City Attorney |
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Date: |
June 3, 2025 |
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Subject: |
Potential Amendments and Revisions to the City of Manteca Flag Policy |
Recommendation:
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Consider approval of amendments and revisions to the City of Manteca Flag Policy.
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Background:
On June 21, 2022, the City of Manteca approved a flag policy to be consistent with the decision of the United States Supreme Court case of Shurtleff v. City of Boston. The policy aimed to protect the City’s ability to regulate what flags are displayed on municipal flagpoles by treating the display of commemorative flags as government speech and formally declaring that said flagpoles are not intended to serve as a forum for free expression by the public. The flag policy was amended in the Fall of 2023 to delegate the authority to select and fly commemorative flags to the City Manager.
Following City Council consensus at the May 6, 2025 City Council meeting, the City Attorney’s Office reviewed the current policy. In response to Council consensus, as well as following an additional review of the current policy, Staff is offering four (4) options for City Council consideration.
Option 1 is consistent with the direction and consensus offered by the City Council at the May 6, 2025 City Council meeting. In sum (and consistent with that direction), it removes the ability to fly “commemorative flags” on the City property, and limits the flags flown to be the United States, State of California, and City of Manteca flags (but does preserve the ability of the City to participate in a “Sister City” program and have those flags displayed in City Hall (the Administration Building)) As directed, all other flags on City property would be precluded.
Option 2 is an updated and amended flag policy (based on the current policy), which mandates the City Manager bring forward (on an annual basis) a list of calendar dates and flags to be flown on flagpole outside of City Hall, before the City Council (at the same meeting the City Council approves the meeting calendar for the calendar year). Additional “clean-up” items are included in this option. The flag list shall be submitted as an informational item, meaning that it will be a “receive and file” item and not for Council or public discussion.
Option 3 is to remove the flag policy in totality, and instead rely on the City Manager, consistent with Municipal Code Section 2.08.070(L), to “have the power to exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the council,” and make decisions concerning when and what flags may be displayed, consistent with the City of Boston decision.
Option 4 is to keep the current policy as-is (i.e., no changes, amendments, or edits).
All of the policies as presented are consistent with the aforementioned City of Boston decision, as well as federal and state laws on point. Once again, to be clear, flagpoles are not intended to serve as a forum for free expression by the public and the City shall not consider requests from outside parties to fly a specific flag.
Fiscal Impact:
There is no fiscal impact associated with this action.
Documents Attached:
1. Attachment 1 - City of Manteca Flag Policy Option 1 - Redlined
2. Attachment 2 - City of Manteca Flag Policy Option 1 - Revised
3. Attachment 3 - City of Manteca Flag Policy Option 2 - Redlined
4. Attachment 4 - City of Manteca Flag Policy Option 2 - Revised