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HomeMy WebLinkAboutResolutions - 2019.05.23 - 31810MISCELLANEOUS RESOLUTION #19183 May 23, 2019 BY: Commissioner Nancy Quarles, Chairperson, Legislative Affairs and Government Operations Committee IN RE: BOARD OF COMMISSIONERS — POLICY FOR BANNER DISPLAY ON COUNTY STRUCTURES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Public Act 139 of 1973 authorizes the Board of Commissioners to "Establish policies to be followed by the government of the county in the conduct of its affairs"; and WHEREAS current County policies and procedures do not prohibit or provide guidance on banners being affixed to County buildings or structures; and WHEREAS the proposed policy will establish a uniform framework to govern affixing banners to County structures; and WHEREAS the Department of Facilities Management shall oversee, control, and coordinate the affixing of banners and determine where banners may be located on County structures; and WHEREAS the policy does not apply to property under the custody, control and management of the Oakland County Parks and Recreation Commission, pursuant to MCL 46.351, et seq.; and WHEREAS the Oakland County Board of Commissioners acknowledges there needs to be clear and present policies for the displaying of flags or banners on County buildings or structures. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby adopts the attached Policy for Banner Display on County Structures. BE IT FURTHER RESOLVED that the Board of Commissioners requests that the County Clerk/Register of Deeds distribute the attached Policy to the elected and appointed officials covered by this Policy upon its enactment. Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the adoption of the foregoing resolution. t Quarles, Distre# 17 live Affairs and Government rMYNCAMTE A 1AN&YverWye Motion carried unanimously on a roll call Vote w�ith Gih�gell absent, POLICY FOR BANNER DISPLAY ON COUNTY STRUCTURES I. Authority: This Policy is adopted and approved by the Oakland County Board of Commissioners pursuant to MCL 45.556 (a), which authorizes the Board of Commissioners to establish policies to be followed by the government of the County in the conduct of its affairs. II. Purpose of Policy: The purpose of this Policy is to establish a uniform framework to govern affixing banners to County Structures. This Policy has the following objectives: (1) to establish a non-public forum for the areas where banners will be affixed to County Structures; (2) to identify who may affix banners to County Structures and for what purposes; (3) to ensure banners are affixed in a safe, consistent, and efficient manner and in a manner that reduces risk of damage to County Structures, (4) to prevent disruption in the provision of governmental services/functions, and (5) to reduce County costs associated with affixing banners to County Structures. III. Definitions: A. "Banner(s)" means temporary signage displaying text or messages authorized by this Policy for a limited period of time, not to exceed fourteen (14) calendar days, unless the Oakland County Department of Facilities Management or its successor approves another time frame taking into account the impact the affixed signage will have on the following: (1) delivery of Governmental Services/Function, (2) public safety, and (3) safety of County Structures. B. "County" means the County of Oakland. C. "County Officials" means County -wide elected officials and appointees thereof; County boards, councils, commissions, authorities, and members thereof; and County employees and volunteers. D. "County Structure(s)" means any structure, building, pole, or fence owned or leased by the County, except for a structure, building, or fence located at the following location: property under the custody, control, and management of the Oakland County Parks and Recreation Commission pursuant to MCL 46.351, et sect. E. "Governmental Services/Functions" means activity that is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. IV. Policy: A. Compliance with Policy: No Banners may be affixed to any County Structure, unless it complies with this Policy and all applicable laws, rules, regulations, and ordinances. B. Non -Public Forum: The areas where Banners are to be affixed to County Structures are non-public forums. C. Request for Placement of Banners/ Priority of Requests: All requests to affix Banners to a County Structure shall be made to the Oakland County Department of Facilities Management or its successor Department ("Department of Facilities Management") on a form created by the Department of Facilities Management. The County Official, through its County Budget, shall be responsible to reimburse the Department of Facilities Management for all costs associated with affixing Banners to County Structures, Requests to affix Banners shall be processed and approved by the Department of Facilities Management in the order they are received and in accordance with this Policy. Due to the limited number of Banner locations, the Department of Facilities Management may place limits on the number of Banners approved to be affixed to County Structures. D. Banner Sponsor: Only County Officials, in the performance of Governmental Services/Functions, may request to affix Banners to a County Structure. The public or other entities are not permitted to request or to affix Banners to a County Structure. County Officials may not use their position or title to sponsor affixing Banners for the public or other entities. The County Official desiring to affix a Banner to a County Structure shall be responsible to obtain and pay for the Banner. E. Banner Location/Placement: The Department of Facilities Management shall oversee, control, and coordinate the affixing of Banners and determine where Banners may be located on County Structures. The locations and how Banners are affixed shall consider the impact the location may have on Governmental Services/Functions and the safety of the public, County Officials, and County Structures. F. Banner Content: The text and message of Banners affixed to a County Structure shall be limited to information related to Governmental Services/Functions. G. Banner Quality: All Banners must be of a professional quality and made of materials, including affixation methods, that will not damage County Structures where they are to be displayed. H. Oakland County Parks and Recreation Commission. Property: This Policy does not apply, in any manner, to property under the custody, control, and management of the Oakland County Parks and Recreation Commission pursuant to MCL 46.351, et seq. V. Implementation of Policy: The Department of Facilities Management shall oversee the implementation and execution of this Policy, including but not limited to all functions set forth in this policy and compliance with applicable laws, rules, regulations, and ordinances. Resolution #19183 May 23, 2019 Moved by Quarles seconded by Gershenson the resolution be adopted. Discussion followed. AYES- Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Taub, Weipert, Woodward, Zack, Gershenson, Hoffman. (19) NAYS: None, (0) A sufficient majority having voted in favor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 23, 2019, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this 231d day of May, 2019. Lisa Brown, Oakland County