Letter to Town Council on Display of Flags on Town Property (agenda item for Council Mtg - 04/26/23)

April 21, 2023

To: Town Council

From: Jamie Hellen, Town Administrator

Re: Display of Flags on Town Property

As requested by a few Councilors and several people in the community, tonight the Council will host a discussion on the idea of allowing flags, banners and/or symbols, including the Pride Flag, to be placed on a Municipal Building flagpole and/or other flag poles in town.

Supporting Materials

I have attached the current flag policy of the Town, a recent Supreme Judicial Court of the United States of America decision on a case recently involving the City of Boston and articles from NPR and the NYT summarizing the issue in that case.

The Choices

As I have said before, the Council has two choices on this matter:

● Do not allow town flagpoles to be used for the purposes of allowing third party organizations or individuals to essentially lease the flagpole for various purposes; OR

● Allow town flagpoles to be used for the purposes of allowing third party organizations or individuals to essentially lease the flagpole for various purposes.

If the latter is chosen, the Council will need to identify the pole(s) that can be applied for (presumably only the Municipal Building). Staff will need to work with the DPW and Town Attorney on a revised policy.

Furthermore, a permitting process will be required to ensure equity, inclusion and coordination among all citizens or organizations who would want to display a flag, banner or any symbol. I would also anticipate more events being requested at the Municipal Building. Applicants would be from within the Town of Franklin and also from outside the Town of Franklin. Just like on the Town Common with religious symbols, the Town cannot limit the applicant from just Franklin. There will unquestionably be a fee to do so, as this will take a significant amount of staff time to permit, coordinate and actually perform the work.

Staff recommendation

My professional recommendation, along with the Town Attorney and DPW Director, is to NOT allow the town flagpoles to be used for such purposes. If the Council chooses to move forward, we will all fully respect that decision. However, at a minimum, we request all of you to allow the staff an appropriate amount of time to develop a policy, application, fee and further details. A fee would have to also be  enacted by the Council. Many details would need to be coordinated. For example, most of the flagpoles come with a purpose already, such as the war memorial on the Town Common, or the Town Administration Building, which traditionally has the US Flag, State Flag and Town Flag. These are the standard 3 flags at Massachusetts Town Halls. Additionally, there is a federal flag code for those who die in the line of duty, or deaths of certain dignitaries among others.

If you do not choose to move forward, we have worked closely with many organizations through the years on alternatives and continue to pledge to do so. Many groups are satisfied with our suggestions.

At the end of the day, this is an all or nothing policy decision. While I fully recognize the fact some groups will want to show unified support for a cause, there are NO restrictions or limitations on who can apply or to what the message is. If allowed, the Town should prepare for messages, flags and banners we all support and from those we do not support.

Everyone has to ask themselves, is this the only, or most effective way, to increase support for a cause? In the end, policies on offering town flagpoles up for lease generally become political or religious messaging, affirmation of constitutional rights, or those for a common cause such as a fundraising effort for a family tragedy or social service cause. Is this what you want for the Municipal Building flagpole and/or other flagpoles? The staff are not convinced this effort would reap the short term rewards that are sought. The long term ramifications are challenging to predict.

Letter to Town Council on Display of Flags on Town Property (agenda item for Council Mtg - 04/26/23)

The issue before the Council tonight is not about whether there is or is not overwhelming support for the LGBTQ community in Franklin. We already know voters have spoken overwhelmingly in favor of the elected leaders of the Town Council, School Committee and other boards that have widespread, if not unanimous, support for the LGTBQ community. Furthermore, both the Town Council and School committee have hired a Town Administrator and Superintendent of Schools who are extremely supportive and very engaged on these issues. Both the Town and School Administrations are very proud of the progress we have made as an organization to support the LGTBQ community in Franklin and will continue to do so. In fact, if its height one seeks in a flagpole, then your faith and confidence in me as the Town Administrator is equal to, or exceeds, the actual pole height outside. The message all of you have sent is far greater than any flag could have. Ditto for Superintendent Giguere.

The conversation this evening is much more expansive than the LGBTQ community. The debate is whether to allow commercial leasing of public space to members of the public, the pros and cons of that policy and what are the parameters. There are many sub questions that will need to be answered as well.

Shared from the Town Council agenda package ->  https://www.franklinma.gov/sites/g/files/vyhlif6896/f/agendas/town_council_agenda_-_april_26_2023_0.pdf

Memo from Town Administrator ->   https://www.franklinma.gov/sites/g/files/vyhlif6896/f/uploads/8b._flags_0.pdf