County of Fresno - File #: 23-0634

• File #: 23-0634
• On agenda: 6/6/2023
• Final action: 6/6/2023
• Enactment #: Ordinance No. 23-006
• Recommended Action(s): Conduct second hearing and take action to: 1. Approve proposed Ordinance for the County of Fresno Ordinance Code amending Title 13, Chapter 13.24 (Grounds and Buildings), to add 13.24.050 - Flags permitted to be flown at County Facilities, and amending Title 10 to delete Chapter 10.28 (Flags); 2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and 3. Direct the Clerk of the Board to post and publish the require summary in accordance with Government Code, Section 25124(b)(1).

Date	Action By	Action	Result
6/6/2023	Board of Supervisors	Consent Agenda be approved	Pass

DATE: June 6, 2023

TO: Board of Supervisors

SUBMITTED BY: Steve Brandau, Supervisor District 2

SUBJECT: Amendment to County Ordinance Code, regarding flags permitted to be flown at County Facilities

RECOMMENDED ACTION(S):
TITLE
Conduct second hearing and take action to:

1. Approve proposed Ordinance for the County of Fresno Ordinance Code amending Title 13, Chapter 13.24 (Grounds and Buildings), to add 13.24.050 - Flags permitted to be flown at County Facilities, and amending Title 10 to delete Chapter 10.28 (Flags);

2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and

3. Direct the Clerk of the Board to post and publish the require summary in accordance with Government Code, Section 25124(b)(1).
REPORT

This item comes before your Board pursuant to the first hearing and Board approval of May 23, 2023.

ALTERNATIVE ACTION(S):

Your Board may choose not to adopt the proposed ordinance or choose to modify the ordinance as written. Amendments to the proposed ordinance would require further hearings and public noticing.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

DISCUSSION:

There has been an increasing number of controversies over specialty flags being flown at government facilities at both the local, state, and national level. Some agencies have been accused of promoting divisive and ideologically motivated speech on public property. Other agencies have been put in the unenviable role of picking and choosing winners among potential flag raising events.

An incident has yet to occur at a Fresno County facility, but the County does not have a formal flag policy in place. It is recommended that your Board update Title 13.24 (Grounds and Buildings) of the County Ordinance Code to include rules that limit permitted flags to those of the United States and the State of California. This ordinance would apply only to the official flag poles at County owned or leased facilities.

On May 9, ...