Harold F. Holtz
Municipal Training Institute
Topics in Local Government Civics
Langford D. Holbrook
P R O M O T I N G
E X C E L L E N C E
I N
G O V E R N M E N T
Learning Objectives
Procedures and Protocol Regarding:
• Use of Flags, Pledge and National
Anthem in Local Government Setting
• Invocation/Prayer in Local Government
Setting
• Protocol With Foreign Dignitaries
Flags, Pledge and National Anthem
• How could the situation in the video be
handled better?
• How would you handle such a
situation?
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Flags, Pledge and National Anthem
In a statement on its
website, the city said it has
decided to take the flag
down “after reviewing
further input from the
community, detailed
written legal opinions from
our city attorney and a
second legal opinion from
a constitutional lawyer.” In
the future, the city said it
would only fly the U.S. and
state flags at city hall.
Flags, Pledge and National Anthem
• The Pledge of Allegiance to the Flag: should be rendered
by standing at attention facing the flag with the right hand
over the heart. When not in uniform men should remove
any non-religious headdress with their right hand and hold
it at the left shoulder, the hand being over the heart .
Persons in uniform should remain silent, face the flag, and
render the military salute
• Don’t compel people to stand and participate if you use
the pledge. We all think they should but in practice you
are creating more problems than it is worth
Flags, Pledge and National Anthem
• The Pledge of Allegiance to the Flag: should be rendered
by standing at attention facing the flag with the right hand
over the heart. When not in uniform men should remove
any non-religious headdress with their right hand and hold
it at the left shoulder, the hand being over the heart .
Persons in uniform should remain silent, face the flag, and
render the military salute
• Don’t compel people to stand and participate if you use
the pledge. We all think they should but in practice you
are creating more problems than it is worth
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Flags, Pledge and National Anthem
• In 1943, the Supreme Court held that a state-required
compulsory flag salute-Pledge of Allegiance violated the First
Amendment rights of members of the Jehovah’s Witnesses
religious group. In 2002, a three-judge panel of the Ninth
Circuit had held both the 1954 federal statute adding the words
“under God” to the Pledge of Allegiance and a California school
district policy requiring teachers to lead willing school children
in reciting the pledge each school day to violate the
Establishment Clause of the First Amendment. A subsequent
modification eliminated the holding regarding the federal
statute but retained the ruling holding that the California statute
coerces children into participating in a religious exercise. The
Supreme Court, on Flag Day 2004, reversed the Ninth Circuit,
finding that Newdow lacked standing to challenge the school
district’s policy.
U.S Flag Display Basics
• It is the universal custom to display the flag only from sunrise to
sunset on buildings and on stationary flagstaffs in the open.
However, when a patriotic effect is desired, the flag may be
displayed 24 hours a day if properly illuminated during the hours
of darkness
• The flag should not be displayed on days when the weather is
inclement, except when an all-weather flag is displayed
• The flag should be displayed daily on or near the main
administration building of every public institution
• The flag should be displayed in or near every polling place on
election days
• The flag should be displayed during school days in or near every
schoolhouse
U.S Flag Position and Manner of
Display
• When carried in a procession with another flag or flags, should
be either on the marching right; that is, the flag’s own right, or,
if there is a line of other flags, in front of the center of that line
• The flag should not be displayed on a float in a parade except
from a staff
• The flag should not be draped over the hood, top, sides, or back
of a vehicle or of a railroad train or a boat. When the flag is
displayed on a motorcar, the staff should be fixed firmly to the
chassis or clamped to the right fender
• No other flag or pennant should be placed above or, if on the
same level, to the right of the flag of the United States of
America, except during church services conducted by naval
chaplains at sea, when the church pennant may be flown above
the flag during church services for the personnel of the Navy
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U.S Flag Position and Manner of
Display
•
•
•
The flag of the United States of America, when it is displayed with
another flag against a wall from crossed staffs, should be on the right,
the flag’s own right, and its staff should be in front of the staff of the
other flag
The flag of the United States of America should be at the center and at
the highest point of the group when a number of flags of States or
localities or pennants of societies are grouped and displayed from
staffs
When used on a speaker’s platform, the flag, if displayed flat, should
be displayed above and behind the speaker. When displayed from a
staff in a church or public auditorium, the flag of the United States of
America should hold the position of superior prominence, in advance
of the audience, and in the position of honor at the clergyman’s or
speaker’s right as he faces the audience. Any other flag so displayed
should be placed on the left of the clergyman or speaker or to the right
of the audience
National Anthem
Conduct During Playing. — During a rendition of the national
anthem — when the flag is displayed:
•All present except those in uniform should stand at attention
facing the flag with the right hand over the heart
•Men not in uniform should remove their headdress with
their right hand and hold the headdress at the left shoulder,
the hand being over the heart
•Individuals in uniform should give the military salute at the
first note of the anthem and maintain that position until the
last note
•When the flag is not displayed, all present should face
toward the music and act in the same manner they would if
the flag were displayed
Use of Invocations/Prayers at Public
Meetings
• How do you handle at your meetings?
• If you do allow, do you have a policy? Any time limits?
• Consult you local City Attorney, but develop a policy that
addresses when during the meeting and how long
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Invocations/Prayers at Public Meetings
Town of Greece v. Galloway
• Stopping just short of abandoning a historic barrier to
religion in government activity, a deeply divided Supreme
Court ruled on May 5, 2014 that local governments may
open their meetings with prayers that are explicitly
religious and may turn out to be largely confined to
expressing the beliefs of one faith
• Narrowly defining what is not allowed in such prayers, the
Court said they may not be used to praise the virtues of
one faith and may not cast other faiths or other believers in
a sharply negative light. Courts have no role in judging
whether individual prayers satisfy that test, but can only
examine a “pattern of prayer” to see whether it crossed the
forbidden constitutional line and became a form of
“coercion”
Invocations/Prayers at Public Meetings
Town of Greece v. Galloway
Again, consult your attorney, but would appear not to
require the alternation of faiths as rigorously as previous
to this case
The key is coercion. The heart of that is don’t make
people stand, participate, bow heads. All that is
coercion
Basic Protocol for Hosting
International Visitors
• Protocol comes from the Greek meaning "the first glue”
• Protocol can be seen as the glue which holds official life
together and makes it work
• Protocol and etiquette, especially when dealing with
international visitors, provide ground rules and a
framework that all the participants understand
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Basic Protocol for Hosting
International Visitors
It takes only some very simple steps to ensure that you "do the
right thing" when it comes to hosting international visitors:
• Properly prepare for your guests
• Know your guests' titles and ranks, so that you can greet them
properly and make sure they are seated according to their rank
or position for a meeting or meal
• In professional life, it is best to err on the side of formality. Titles
should always be used when greeting people or introducing
them
• The protocol behind proper introductions is logical and easy to
remember: A junior or less important person is introduced to a
senior or more important person
Basic Protocol for Hosting
International Visitors
• Know what your guests hope to accomplish with the
meeting, and how their agenda may differ from your
agenda or your supervisor's. Having the agenda for
the meeting written out, accompanied by a list of all
participants in the meeting, is a good idea
• Have any materials for the meeting prepared and in
sufficient quantity for all of your guests. However, try
not to load your international visitors down with paper,
unless you can offer to ship it to your guests' country
• Be aware of any cultural differences, including issues
such as dress or diet
Basic Protocol for Hosting
International Visitors
• Determine before your guests arrive if a gift is necessary or
appropriate. If you are unsure, it is acceptable to ask your
visitors' staff in advance of the trip if they will be bringing any
gifts, noting that if so, you (or your supervisor) would simply like
to be able to reciprocate appropriately. If the gift is more than a
small token, you should offer to ship it to your guests' final
destination
• If your international visitors are not proficient in English, find out
if a translator will accompany them, or if your agency will need
to provide a translator to ensure that the meeting is successful
• Your local library, bookstore and the Internet will have
information on international and business protocol and cultural
differences
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Questions or Comments?
Langford D. Holbrook
[email protected]
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