What states are flying the gay pride flag
Mumpower and Nesbitt certainly are not buying the city's explanation. The General Statute does state a city's mayor is recognized as the official head of the city "for all ceremonial purposes." "If, as the city attorney says, it was a matter in the sole discretion of the mayor, then no meeting/vote was necessary," Martin said. Now, the more cynical among us may consider this some all-star derriere covering, but Martin said this all revolves around whether a vote was needed. "Nonetheless, as a courtesy, the mayor did choose to informally check in with other council members, and to make them aware of the flag."Ĭouncil members know they cannot vote on matters via a telephone round-robin, Currin said, and they're keenly aware of open meetings laws. "Because the decision to fly the flag was considered to be ceremonial, a vote of City Council was not required," Currin said. The "ceremonial gesture was consistent" with a council resolution passed in February 2011 that endorsed and supported "the rights of same-sex couples to share fully and equally in the familial rights and responsibilities of a civil marriage."
"At the time Mayor Manheimer made a decision to fly the Rainbow Flag on City Hall, both she and the City Manager's office considered this to be a ceremonial gesture, which is within the Mayor's authority (according to state law and the city charter)," Currin said.
"Given that you are inquiring as to a matter of legality, I would prefer if you route your question to Robin Currin, the city attorney," said Manheimer, herself an attorney.Ĭity Attorney Robin Currin sent me an email response, stating it was Manheimer's decision to fly the flag. So, I asked Manheimer and the other six council members for a response to Martin's assessment and if they had a telephone "round robin" on the flag issue. "If something must be decided by the City Council, it must be decided in an official meeting and that meeting must be open unless it qualifies under one of the specific, narrow exemptions in the law," Martin said.