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File #: 23-0573    Name: Amendment to County Ordinance Code, regarding flags permitted to be flown at County Facilities.
In control: Board of Supervisors
On agenda: 5/23/2023 Final action: 5/23/2023
Enactment date: Enactment #:
Title: Conduct first hearing and take action to: 1. Waive first reading in its entirety and 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. Set the second hearing for June 6, 2023; 3. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and 4. Direct the Clerk of the Board to post and publish the require summary in accordance with Government Code, Section 25124(b)(1).
Attachments: 1. Agenda Item, 2. Attachment A - Proposed Amendment to Title 13 and Title 10, 3. Attachment B - Chapter 10.28 - Flags (Redlined), 4. Public Comments from Item #11 - May 9, 2023 Meeting, 5. Summary of Ordinance, 6. Additional Information
DATE: May 23, 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 first hearing and take action to:

1. Waive first reading in its entirety and 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. Set the second hearing for June 6, 2023;

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

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

ALTERNATIVE ACTION(S):

Your Board may choose not to adopt the proposed ordinance or choose to modify the ordinance as written.

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.

This item is a continuation of the first hearing from May 9, 2023. After the posting of the May 9 Board of Supervis...

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