TOWN OF WHITBY REPORT R E C O M M E N D A T I O N R E P O R T

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TOWN OF WHITBY REPORT R E C O M M E N D A T I O N R E P O R T REPORT TO: Operations Committee REPORT NO: CAO 2-11 DATE OF MEETING: May 24, 2011 PREPARED BY: Chief Administrative Officer FILE NO(S): LOCATION: N/A REPORT TITLE/SUBJECT: Request for Change to Policy No. 1-0-20 Flag Raisings and Banners 1.0 RECOMMENDATION: 1. That Report CAO 02-11 of the Chief Administrative Officer be received; 2. That Council approve the installation of two additional flagpoles at Celebration Square at an estimated cost of $7,000 to be funded from the Town Property Maintenance Reserve Fund; 3. That Policy No. 1-0-20, Flags and Street Banners be amended to delete flag raisings; 4. That the draft Policy entitled Flag Raisings, included as Attachment #1 to this report be approved; 5. That the Town Clerk take the necessary action to give effect to these changes. 2.0 EXECUTIVE SUMMARY: The purpose of this report is to present a flag raising policy to the Operations Committee and Council, including a location in which to provide a community flagpole for use by non-profit, charitable groups within the Town of Whitby. 3.0 ORIGIN: At the March 28, 2011 meeting of Council, during consideration of Report CAO 01-11 on Proclamations, staff were requested to prepare a flag raising policy, including submission of a location and design for a community flagpole.

Report No.: CAO 2-11 Page 2 of 10 4.0 BACKGROUND: The policy currently in force and effect was approved on November 8, 2004 and further amended on June 27, 2005. Prior to 2004, the Town had no formal policy with respect to flag raisings. In 2005, the policy was amended to reflect a definition of civic function. In March 2011, the policy was further amended by deleting proclamations, as a new policy was created strictly for the handling of proclamation requests. 5.0 DISCUSSION/OPTIONS: The Clerks Division is responsible for the processing of requests for flag raisings at the Town of Whitby. At the present time, the Town s policy with respect to flags flown at the Whitby Municipal Building or any other property owned or under the control of the Town requires that flags comply with the flag etiquette of Canada as established by Heritage Canada and be restricted to the flag of the Town, the flags of the provinces and territories of Canada, the Canadian flag, flags of the United Nations and the flags of municipalities. This appears to be fairly standard in municipalities canvassed, with the exception that where there is a community or courtesy flagpole, organizations can apply to have their flag flown. It is being recommended that the location for the community flagpole in Whitby be in Celebration Square at the Whitby Public Library, Main Branch. Currently the Whitby Public Library Main Branch has two flagpoles, one at Celebration Square and one located on the southwest corner of the property (Colborne St/Henry St). The flagpole located at the back of the library currently holds the Whitby flag, and as such it is being recommended that this flagpole remain designated solely for this purpose. For the purposes of flagpole design, it is being recommended that a three flagpole design be implemented at Celebration Square, Whitby Public Library. In accordance with flag etiquette, a three flagpole design would provide the Canada flag to be flown in the centre, along with the Provincial flag and the Town of Whitby flag. The community flagpole would be designated as the flagpole that would hold the Town of Whitby flag. In order to be consistent with the recently approved proclamation policy, the following parameters have been incorporated into the draft policy, included as Attachment #1 to this report; Courtesy flagpole is identified as the flag pole at Celebration Square, Whitby Public Library, Main Branch, that holds the Town of Whitby flag and is considered the guest flagpole to be used to hold flags of other nations or for awareness campaigns

Report No.: CAO 2-11 Page 3 of 10 Flags and flag raisings may be approved by Council for: o non-profit or charitable organization o public awareness campaigns o recognition of national or international dignitaries Displaying of flags or flag raisings shall not be approved for: o political parties or political organizations o religious organizations or the celebration of religious events o if the intent is to defame the integrity of Whitby Council o if the event or organization has no direct relationship to the Town of Whitby. Pending the installation of the two additional flagpoles, the Town of Whitby flagpole on the south west corner of the Library will be designated as the temporary community flagpole. 6.0 PUBLIC COMMUNICATIONS/PLAN: There would be no formal communication of these policy changes, aside from publication on the Town s website, which is the current practice for policy changes. 7.0 CONSIDERATIONS: A. PUBLIC The Clerks Division have received over 150 pieces of correspondence in support of a change to the Town s policy on flag raisings and proclamations. B. FINANCIAL Installation of the flagpoles are estimated to be approximately $7,000 ($3,500/flagpole). C. IMPACT ON & INPUT FROM OTHER DEPARTMENTS/SOURCES There would be impact on the Community & Marketing Services Department as they would be responsible for the installation of the flags in relation to the flag raising requests. This matter has been reviewed with the Director, Community & Marketing Services who is in agreement with the location of the community flag pole and accompanying policy. The CEO of the Whitby Public Library has also been consulted on the matter. D. CORPORATE AND/OR DEPARTMENT STRATEGIC PRIORITIES This report addresses the corporate strategic goal to pursue excellence in government.

Report No.: CAO 2-11 Page 4 of 10 8.0 SUMMARY AND CONCLUSION In summary, it is recommended that Policy No. 1-0-20 be amended by deleting reference to flag raisings and a new policy for Flag Raisings in the form included as Attachment #1 be implemented. It is further recommended that a three flagpole design be implemented at Celebration Square, Whitby Public Library, Main Branch, and that Administration proceed with the purchase of the two additional flagpoles. 9.0 ATTACHMENTS Attachment #1 Draft Policy Flag Raisings For further information contact: Debi A. Wilcox, Town Clerk, Ext. 4302 Debi A. Wilcox, Town Clerk, Ext. 4302 Robert Petrie, Chief Administrative Officer, Ext. 2211

Report No.: CAO 2-11 Page 5 of 10 ATTACHMENT #1 TO REPORT CAO 02-11 The Corporation of the Town of Whitby POLICY Section: Sub-Section: Flag Raisings Administration Council & Committee Policy No : 1-0-XX Author: Chief Administrative Officer Authority: Council Effective Date: 04/01/2011 Review by Date: 04/01/2016 Replaces: 1-0-20 (partial) Last Modified: 06/27/2005 References and Related Documents: Res. #159-05, June 27, 2005 Res. # 260-04, Director of Corporate Services, Report #19-04 Policy Statement The Corporation of the Town of Whitby is committed to recognizing significant dates, occasions and contributions of non-profit or charitable organizations and public awareness campaigns. Purpose The purpose of this policy is to define the criteria and the application process for the approval of flag raisings, displaying and half-masting of flags at municipal facilities. Scope This policy applies to requests and occasions for the raising, displaying and half-masting of flags. Definition The Canadian Flag: The Canadian Flag of Canada as approved by Parliament and proclaimed by Her Majesty Queen Elizabeth II, Queen of Canada, on February 15, 1965. The Ontario Flag: The current Ontario Flag as proclaimed by the Flag Act on May 21, 1965. The Whitby Flag: The current Whitby Flag as approved by Council.

Report No.: CAO 2-11 Page 6 of 10 Half-mast: The position of the Flag when flying at half-mast will depend on the size, the length of the mast and its location, but as a general rule, the centre of the Flag should be exactly half-way down the mast. When hoisted to or lowered from half-mast position, a flag should be first raised to the mast-head. Protocol Flags are symbols that identify people belonging to a group. The National Flag of Canada and the flags of the provinces and territories are symbols of honour and pride for all Canadians. The Canadian flag (when flown in Canada) always takes precedence over all other national flags. The only flags to which precedence is given over the Canadian flag are the personal standards of members of the Royal Family and of Her Majesty s representatives in Canada. Half-masting Flags are flown at the half-mast position as a sign of respect and condolence or to commemorate significant dates. The flags flown at Town properties shall only be flown at half-mast on: the death of the Mayor; the death of a Member of Council; the death of a current Town of Whitby employee; the death of a former Mayor; the death of the Chair of the Regional Municipality of Durham; or on the direction of the majority of Members of Council. And in accordance with Federal and Provincial protocol, flags will also be flown at half-mast on: the death of the Sovereign or a member of the Royal Family related to the Sovereign (spouse, son or daughter, father, mother, brother, sister), the Governor General, the Prime Minister, a former Governor General, a former Prime Minister, or a Federal Cabinet Minister; the death of the Lieutenant Governor, the Premier of Ontario or another person similarly honoured by the Province of Ontario; and the death of the local Member of Parliament or local Member of Provincial Parliament. And flags will also be flown at half-mast, in recognition of the following dates: November 11, Remembrance Day. The flag is to be flown at half-mast from 11:00 am; to coincide with the start of the ceremony at the National War Memorial; and April 28, the Day of Mourning for Persons Killed or Injured in the Workplace. Process for Half-masting 1. For circumstances not identified in the criteria outlined in the Half-masting section, the Office of the Clerk shall notify all departments regarding the half-masting of flags with respect to the location, the reason and the duration that the flag will be flown at half-mast. Department contacts responsible for facilities and Town properties shall lower and raise the flags upon receipt of the appropriate notification. 2. When a flag is flown at half-mast, all other flags must also be flown at half-mast and at no time should be lower than any other flag. 3. The length of time that a flag will be flown at half-mast will be from the date of the death and up to and including the day of the funeral, unless otherwise approved by the Clerk. Town Properties Half-masting of flags must be in effect at all municipal facilities that have flagpoles. Notification to Staff/Public Time and circumstances permitting, information will be posted on the Town s website for the public s information.

Report No.: CAO 2-11 Page 7 of 10 Flag Placement Etiquette Position of Honour Due consideration shall be given to flag etiquette and precedence whenever the National Flag of Canada or other sovereign national flag or provincial/territorial flag is displayed. a) Alone When the National Flag of Canada is flown alone, on top of, or in front of a building where there are two flagpoles, it should be flown on the flagpole to the left. The position of the left is determined as it is viewed by facing toward the building from the street. When the National Flag of Canada is flown alone, on top of, or in front of a building where there are more than two flagpoles, it should be flown as near as possible to the centre. b) With flags of sovereign nations, provinces/territories, international organizations, cities, companies, etc. When flown with other flags, all flags should be flown on separate flagpoles and at the same height, all being of the same size, with the national Flag of Canada occupying the position of honour (the National Flag shall not be larger than the other flags). c) With another flag The National Flag of Canada should be on the left, and both flags should be at the same height. d) With three flags According to the North American Flag Protocol Etiquette, when three flags are displayed, the National Flag of Canada is placed in the centre. While facing the display, (i.e. viewing a building from the street), the Provincial flag is positioned on the left, and the Municipal flag is positioned on the right. e) No more than one flag shall be displayed on each flagpole. Procedure Criteria for Evaluation of Flag Raising Requests: 1. The courtesy flagpole is identified as the flag pole at the Celebration Square, Whitby Public Library that normally holds the Town of Whitby Flag and will be considered our guest flagpole to be used to hold flags of other nations or for awareness campaigns. 2. Flags and flag raisings may be approved by Council for: a) Non-profit or charitable organizations b) Recognition of national or international dignitaries visiting the Municipality c) Public awareness campaigns. 3. Displaying of flags and flag raisings shall not be approved for: a) Political parties or political organizations b) Religious organizations or the celebration of religious events c) If the intent is to defame the integrity of Whitby Council d) If the event or organization has no direct relationship to the Town of Whitby. 4. In the event a request for displaying of flags and flag raising is not received in time for Council s consideration, the Mayor, or in her absence, the Deputy Mayor will have the authority to either approve or deny the request. Application Process 1. All requests for flag raisings shall be submitted to the Clerk at least four (4) weeks in advance of a regularly scheduled Council meeting using the Flag Raising Request Form (Appendix A); 2. The Clerk shall review all requests and only those meeting the approval criteria shall be considered; 3. The Clerk shall send a response to those ineligible requests advising of the Town s policy for flag raisings; 4. The Clerk shall prepare a summary of the request for the displaying of a flag on the courtesy flagpole for each eligible request and list under the Correspondence section of the next regularly scheduled Council meeting agenda for Council approval;

Report No.: CAO 2-11 Page 8 of 10 5. Notification to the media and advertising is the responsibility of the applicant. Responsibilities The Town Clerk shall be responsible for the administration and maintenance of this policy. Date Robert S. Petrie Chief Administrative Officer

Report No.: CAO 2-11 Page 9 of 10 Town of Whitby Flag Raising Request Appendix I to Policy No. 1-0-XX Please complete and submit this form a minimum of four weeks prior to the flag display date to the Clerks Division, 575 Rossland Road East, Whitby, ON L1N 2M8. T-905-668-5803 F-905-686-7005 email-clerks@whitby.ca Contact Last Name Contact First Name Street Address City Province Postal Code Daytime Telephone Evening Telephone Mobile Email Address The Town will only accept applications from registered non-profit or charitable organizations. Organization/Group Name: Street Address City Province Postal Code Please describe the purpose of the flag display (please note if an attachment is included). Date(s) Requested From Type of Flag Date(s) Requested To Flags must be 3ft x 6ft (.90 x 1.80 metres) Additional Information/Comments

Report No.: CAO 2-11 Page 10 of 10 Applicant s Signature Date Note: Applicant will be contacted to be advised of the status of the application. Flags must be submitted to the Clerks Division no later than seven days prior to the requested date. Office Use Only Approved Denied Town Clerk Notification Office of the CAO Clerk s Office Facilities Website Posting Employee Update Flag Received: Flag Returned: Date The personal information on this form is collected under the authority of the Municipal Act. The information is used to evaluate the request for a proclamation. Questions about this collection can be directed to the Town Clerk, 575 Rossland Road East, Whitby, ON, L1N 2M8 or by telephone to 905-430-4302.