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.
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