City Council Agenda
Memo to:
Manteca City Council
From:
L. David Nefouse, City Attorney; Toni Lundgren, City Manager
Prepared by:
L. David Nefouse, City Attorney
Date:
June 3, 2025
Subject:
Potential Amendments and Revisions to the City of Manteca Flag Policy
Recommendation:
title
Consider approval of amendments and revisions to the City of Manteca Flag Policy.
body
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 annua...
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