Loading...
CC 2015-01-13_10b Moment of Silence_Reflection Policy MEMORANDUM TO: CITY COUNCIL FROM: DEBBIE MALICOAT, ACTING CITY MANAGER/DIRECTOR OF ADMINISTRATIVE SERVICES DAVID HIRSCH, ASSISTANT CITY ATTORNEY SUBJECT: CONSIDERATION OF ADOPTION OF A POLICY TO HAVE A MOMENT OF SILENCE OR A MOMENT OF REFLECTION AT THE BEGINNING OF CITY COUNCIL MEETINGS DATE: JANUARY 13, 2015 RECOMMENDATION: It is recommended that the City Council consider the adoption of a policy of having a moment of silence or a moment of reflection instead of an invocation at the beginning of City Council meetings IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impacts have been identified by changing the City’s policy to have a moment of silence or a moment reflection at the beginning of City Council meetings instead of an invocation. BACKGROUND: At the December 9, 2014 meeting the City Council considered the issue of modifying the City’s invocation policy. At that time staff presented a report giving an overview of the City’s existing practice, a summary of the invocation practices of other cities in San Luis Obispo County, and a brief discussion of the recent U.S. Supreme Court decision in Town of Greece v Galloway. As also noted at that time, the City has been contacted by Atheists United of San Luis Obispo, who has requested that they be allowed to give invocations. If their request were to be denied it was also indicated that it was anticipated that there would be a legal challenge. After considering the issue, the City Council, by a 3-2 vote, gave direction to staff to return with information to change the existing invocation policy and instead provide for a moment of silence at the beginning of City Council meetings. Subsequently, the City Attorney’s Office has been contacted b y the Mayor, who Item 10.b. - Page 1 CONSIDERATION OF ADOPTION OF A POLICY TO HAVE A MOMENT OF SILENCE OR A MOMENT OF REFLECTION AT THE BEGINNING OF CITY COUNCIL MEETINGS JANUARY 13, 2015 PAGE 2 indicated that he would prefer having a “moment of reflection” instead of a moment of silence. ANALYSIS OF ISSUES: In reviewing the existing practice of having invocations, staff has determined that the practice is an informal policy and was not formally adopted by the City Council. After the 2002 California Court of Appeals decision in Rubin v City of Burbank, which dealt with the issue of invocations that referred to a specific deity, the City and several local clergy members, met and revised the invocation policy in order to be consistent with the Rubin case. This informal policy includes references to the Rubin case and gives guidelines for providing invocations, including avoiding “sectarian” invocations. Thereafter, it has been included in the letter that is sent before Council meetings to provide guidelines to those giving invocations for the first time. Since the existing invocation practice is informal and was not adopted by any formal action such as a resolution, ordinance, or inclusion in the City Council Operations Manual, changing it can be accomplished by minute action. Accordingly, the practice can be changed by giving direction to the Acting City Manager to henceforth include a moment of silence or a moment of reflection on the agenda in place of the invocation. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: Direct that either a moment of silence or a moment of reflection be included on future agendas in place of invocations; or Provide other direction to staff regarding invocations at City Council meetings. ADVANTAGES: Eliminating invocations and having either a moment of silence or a moment of reflection would reduce staff work in making arrangements for clergy to attend meetings. Doing so would also eliminate the risk of a legal challenge to the existing invocation policy or a modified policy that sought to exclude certain groups from giving invocations. DISADVANTAGES: No disadvantages to having a moment of silence or a moment of reflection in place of invocations have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Item 10.b. - Page 2 CONSIDERATION OF ADOPTION OF A POLICY TO HAVE A MOMENT OF SILENCE OR A MOMENT OF REFLECTION AT THE BEGINNING OF CITY COUNCIL MEETINGS JANUARY 13, 2015 PAGE 3 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, January 8, 2015 and on the City’s website on Friday, January 9, 2015. No public comments were received. Item 10.b. - Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Item 10.b. - Page 4