RES 2015-38
TOWN OF TROPHY CLUB
RESOLUTION 2015-38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS ADOPTING A POLICY AUTHORIZING THE
MAYOR TO DIRECT THAT THE UNITED STATES FLAG BE LOWERED
TO HALF-STAFF AT DESIGNATED TIMES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town identifies that lowering the Flag of the United States is
intended to be a visible public symbol of respect for heroic services and sacrifice of
Military Personal, Police Officers, Fire Fi ghters, and Public Officials upon their death “in
the Line of Duty”, and at times of National, State, or Local tragedies; and
WHEREAS, the Flag Code provides that the President of the United States or
the Governor of the State of Texas has the authority to direct when the flag is lowered to
Half-Staff, the Flag Code serves as a “Guide Only” with no penalty or enforcement
provisions; and
WHEREAS, the Town Council notes that within the Congressional Research
Service – Report to Congress January 24, 2011, Relating to the Display of the United
States Flag states “. . . different interpretations of various provisions of the Code may
continue to be made; and
WHEREAS, the Flag Code itself suggests a general rule by which practices
involving the flag may be fairly tested and provides that no disrespect should be shown
to the flag of the United States of America, it further provides that actions not specifically
included in the code “may be deemed acceptable” as long as “proper respect is shown”;
and
WHEREAS, the “Flag Protection Act of 1989 was struck down as
Unconstitutional by the Supreme Court of the United States [SCOTUS] on June 11,
1990 permitting less than respectful treatment of the U.S. Flag in direct contradiction to
the U.S. Flag Code and based on the SCOTUS ruling “Respectful” treatment of the
United States Flag must certainly also be a permitted and protected right; and
WHEREAS, the Council has determined it appropriate to adopt this Resolution
providing a policy for local control of the United States flag, consistent with the intent of
the Flag Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Mayor shall have the authority to direct that the United States
Flag, and as required by the Flag Code, the Texas Flag and any local government flags,
RES 2015-38 Page 2 of 4
be lowered to half- staff in accordance with the policy set forth on Exhibit “A”, a copy of
which is attached hereto and incorporated herein.
Section 2. This Resolution shall become effective upon its adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 10th day of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
RES 2015-38 Page 3 of 4
Exhibit “A”
Town of Trophy Club
Lowering Flags to Half-Staff
Rationale:
Lowering the flag of the United States to half-staff is intended to be a visible public
symbol of respect for heroic service and sacrifice of Military Personal, Police Officers,
Fire Fighters, Public Officials upon their death, and at times of National, St ate, or Local
tragedies. While the Flag Code does provide that the President of the United States or
the Governor of the State of Texas normally directs when the flag is lowered to Half -
Staff, the Flag Code serves as a “Guide Only” with no penalty or enfor cement
provisions.
The Congressional Research Service – Report to Congress January 24, 2011, Relating
to the Display of the United States Flag states “. . . different interpretations of various
provisions of the Code may continue to be made. The Flag Cod e itself, however,
suggests a general rule by which practices involving the flag may be fairly tested: “No
disrespect should be showed to the flag of the United States of America. “Therefore,
actions not specifically included in the code “may be deemed acc eptable” as long as
“proper respect is shown”.
In addition the “Flag Protection Act of 1989 was struck down as Unconstitutional by the
Supreme Court of the United States [SCOTUS] on June 11, 1990 protected
disrespectful treatment of the U.S. Flag, under the 1st Amendment of the U.S.
Constitution, in direct contradiction to the U.S. Flag Code. Based on the SCOTUS ruling
“Respectful” treatment of the United States Flag must certainly be afforded the same
Constitutional protections.
Policy:
It is therefore fitting and within the scope of a visible and public symbol of respect for the
heroic service and sacrifice of “Local Active” Military Personal, Police Officers, Fire
Fighters, Public Officials upon their death “in the line of duty”, or at times of National,
State, or Local tragedies, that the Mayor of Trophy Club be granted the authority to
instruct the Town Staff to lower the United States flag, Texas flag and Town flags to
half-staff should he/she determine such a Respectful tribute meets the guidelin es below,
or as directed by the President of the United States or the Governor of Texas**.
THOSE FOR WHOM THE FLAG SHOULD BE LOWERED TO HALF-STAFF
(Sunrise until Sunset day of funeral)
Members of the Armed Forces - Funeral held in Trophy Club
Members of the Trophy Club Police Department
Members of the Trophy Club Fire Department
Members of the Current Town Council – Mayor or Councilpersons
RES 2015-38 Page 4 of 4
NATIONAL – STATE – LOCAL TRAGEDY
(Sunrise of day following the event,
continuing until Sunset of the 5th day following the event)
For which no Federal or State proclamation is issued but is deemed worthy by the
Mayor of Trophy Club; or
At the request of the Trophy Club Police or Fire Chief
**CURRENT NATIONAL HOLIDAYS
(May be revised by Federal or State Proclamation for Holiday or Event)
Peace Officers Memorial Day, May 15th (Sunrise until Sunset)
Memorial Day, last Monday in May (Sunrise until NOON)
Patriot Day, September 11 (Sunrise until Sunset)
National Firefighters Memorial Day (Sunrise until Sunset)
Pearl Harbor Remembrance Day, December 7th (Sunrise to Sunset)