Municipal flagpoles and flag raisings are forms of government
speech. Accordingly, the Town of Barrington (the "Town"), through
the Town Council (the "Council") as its elected legislative and policy
making body, has sole discretion to decide the content of any flag
that is raised on a Town-owned flagpole, in order to convey messages
that appropriately reflect the values of the Town.
It is the standing practice of the Town to raise the official
Flag of the United States of America on the Town Hall flagpole and
other flagpoles on municipal property. It is also the standing practice
of the Town to raise the "Prisoner of War/Missing in Action" ("POW/MIA")
flag beneath the United States flag on the Town Hall flagpole. The
method for establishing or ceasing additional flag raisings shall
be set forth in this chapter.
For purposes of this chapter, "temporary" means no more than
31 days, unless further extended by the Council or Town Manager in
accordance with this chapter, or for any other period of time set
forth in a Resolution of the Council.
This chapter shall set forth how and when other flags may be
flown on municipal property.
A. The Town Manager or the Council shall have the sole authority to
determine which flags may be flown on Town-owned flagpoles. In all
cases, the Council shall retain final discretion on which flags shall
be flown.
B. Notwithstanding the foregoing, the flying of flags on flagpoles owned by the Town that are located on property controlled by the School Committee pursuant to R.I. Gen. Laws § 16-2-15 and §
144-4 of the Code of Ordinances shall be governed in accordance with the directives of the School Committee, or its designee, pursuant to R.I. Gen. Laws § 16-9-10.
C. Nothing set forth herein is intended in any way to prohibit or interfere
with individuals carrying lawful flags in public and/or displaying
them on private property or petitioning the appropriate Town authorities
to fly any flag on flagpoles owned by the Town.
Temporary flags may be raised on Town-owned flagpoles on municipal property, in accordance with the US Flag Code (Title 4, Chapter
1 of the US Code), during select periods of time. The methods by which temporary flags may be raised shall be as follows:
A. Council resolution: Members of the Council or the Town Manager may
submit resolutions for temporary flag raisings to be voted on by the
Council. Any resolutions regarding flag raisings that were adopted
in a consistent manner with this chapter that predate the enactment
of this chapter shall remain in effect, unless changed by a vote of
the Council.
(1) Resolutions shall demonstrate a purpose for why a specific flag is
being raised at a specific time.
(2) An individual or group requesting a flag-raising shall work with
a member or members of the Council, or the Town Manager, who may sponsor
the proposal and submit the Resolution to the Council. Without such
a sponsor or sponsors, a resolution shall not be heard by the Council.
B. Town Manager authority: The Town Manager, under their executive authority
may raise a temporary flag without prior Council approval, provided
that:
(1) Notice has been provided to the Council in writing, at least one
business day in advance, describing the flag, its purpose, and intended
duration; and
(2) If any member of the Council so requests a meeting, it shall be held
as soon as possible in compliance with the Open Meetings Act; and
(3) The Council discusses and acts on such a flag, if it remains raised
at the next convening of the Council, including at a special meeting
held specifically for such purpose; or in the event an individual
or multiple Council member(s) objected, the Council may discuss and
act on raising such temporary flag.
C. When directed by the President of the United States or the Governor
of the State of Rhode Island to lower the United States flag to half-mast,
any temporary flag will be removed in respect for the solemnity of
the occasion.