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HomeMy WebLinkAbout15-007 CC ResolutionRESOLUTION NO. 15 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A POLICY REGARDING INVOCATIONS AT CITY COUNCIL MEETINGS WHEREAS, the City Council is an elected legislative and deliberative public body, serving the citizens of the City of Temecula ( "City "); and WHEREAS, legislative bodies in America have long maintained a tradition of solemnizing proceedings by allowing for an opening prayer before each meeting; and WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court, in reviewing and ultimately rejecting a challenge to daily prayers in the Nebraska State legislature by a state - employed chaplain, recognized the tradition of legislative prayer, stating, "[t]he opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country." Id. at 786; and WHEREAS, the Marsh Court noted that, the Continental Congress began each of its sessions with an invocation delivered by a paid chaplain and, additionally, the First Congress, in one of its first official acts, arranged for daily chaplain -led prayer in both ' chambers. Id. at 788. From this, the U.S. Supreme Court inferred that "the men who wrote the First Amendment Religion Clause did not view paid legislative chaplains and opening prayers as a violation of that Amendment, for the practice of opening sessions with prayer has continued without interruption ever since that early session of Congress." Id. at 789; and WHEREAS, in the recent Ninth District Court of Appeals decision in Rubin v. City of Lancaster, 710 F.3d 1087 (2013), the court held the invocation policy of the City of Lancaster to be lawful upon review of the Marsh decision and finding that the City of Lancaster had a neutral process for selecting the invocation speakers and the city's policy went to great lengths to ensure the city did nothing to put its seal of approval on any particular religion or faith, and there was no evidence that a public official or city representative had interfered with the city's invocation policy to advance a particular religion; and WHEREAS, the City Council now desires to adopt a formal written policy to establish rules to allow invocations at City Council meetings, which ensure that (i) the selection of those individuals who give the invocation is neutral, (ii) the invocations are not used by the City to proselytize or advance anyone, or to disparage anyother, faith or belief, and (iii) an individual's rights to free speech under the First Amendment are protected. ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, California, as follows: Resos 15 -07 ' SECTION 1. That the Policy attached hereto as Exhibit A, and incorporated herein by this reference, as if fully set forth, entitled "City Council Invocation Policy" is approved. SECTION 2. This resolution shall be effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2015. ATTEST Randi JdhhOlson, JD, MMC City Clerk I[SEAL] Resos 15 -07 2 Jett Gomerchero, Mayor STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl - Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15 -07 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2015, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl - Olson, JD, MMC ' City Clerk 1 Resos 15 -07 3 Purpose: CITY OF TEMECULA POLICY AND PROCEDURES FOR INVOCATIONS To establish a written policy regarding the opening invocations given before meetings of the City Council of the City of Temecula. Policy: In order to solemnize proceedings of the City Council, it is the policy of the City to allow for an invocation or prayer to be offered at its meetings for the benefit of the City Council and the community. No member of the City Council, City employee or any other person in attendance at the meeting shall be required to participate in any prayer that is offered. No invocational speaker shall receive compensation for his or her service. The City Clerk shall make every reasonable effort to ensure that a variety of eligible ' invocational speakers are scheduled for the City Council meetings. No invocational speaker shall be scheduled to offer a prayer at consecutive meetings of the City Council, or at more than three (3) City Council meetings in any calendar year. Neither the City Council nor the City Clerk shall engage in any prior inquiry, review of, or involvement in, the content of any prayer to be offered by an invocational speaker. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the City Council with, nor express the City Council's preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the City Council's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Temecula. Procedure: The prayer shall be voluntarily delivered by a member of the clergy /religious leader in the City of Temecula. To ensure that such person is selected from among a wide pool of the clergy /religious leaders, on a rotating basis the invocational speaker shall be selected according to the following procedure: • The City Clerk shall compile and maintain a database (the "Invocation List ") of the religious congregations with an established presence in the City of Temecula. • The "Invocation List" shall be compiled by referencing the online listing for "churches ", "congregations ", or other religious assemblies in the annual ' Yellow Pages phone book published for the City of Temecula, the City's business license listing, and research from the Internet. All religious congregations with an established presence in the local community of ' Temecula are eligible to be included in the Invocation List, and any such congregation can confirm its inclusion by specific written request to the City Clerk. • The Invocation List shall also include the name and contact information of any chaplain who may serve one or more of the fire departments or law enforcement agencies of the City of Temecula or any nearby military facilities. • The Invocation List shall be updated annually by reasonable efforts of the City Clerk. • Within thirty (30) days of the effective date of this policy, the City Clerk shall mail an invitation addressed to the 'religious leader" of each congregation listed on the Invocation List, as well as to the individual chaplains included on the Invocation List. The invitation shall be sent out annually thereafter at the beginning of the calendar year. • The invitation shall be dated at the top of the page, signed by the City Clerk at the bottom of the page, and read as follows: Dear Religious Leader, The City Council makes it a policy to invite members of the clergy in the City of Temecula to voluntarily offer a prayer before the beginning of its meetings, for the benefit and blessing of the City Council and the community. As the leader of one of the religious congregations with an established presence in the local ' community of the City of Temecula, or in your capacity as a chaplain for one of the fire departments or law enforcement agencies of the City of Temecula, you are eligible to offer this important service at an upcoming meeting of the City Council. If you are willing to assist the City Council in this regard, please send a written reply at your earliest convenience to the City Clerk at the address included on this letterhead. You are also welcome to send your reply via email to the email address provided above. Clergy are scheduled on a first -come, first serve or other random basis. The City Council of the City of Temecula meets regularly at 7:00 p.m. on the 2 n and 4th Tuesday of every month. The meetings are held at the Civic Center - Council Chambers located at 41000 Main Street. If you have a preference among the dates, please state that request in your written reply. This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and ecumenism, the City Council requests only that the prayer opportunity not be exploited as an effort to convert others to the particular faith of the invocational speaker, nor to disparage any faith or belief different than that of the invocational speaker. On behalf of the City Council, I thank you in advance for considering this invitation. Sincerely, ICity Clerk ' As the invitation letter indicates, the respondents of the invitation shall be scheduled on a first -come, first -serve or other random basis to deliver the prayers. • If the selected invocational speaker does not appear at the scheduled meeting, the Mayor may ask for a volunteer from among the Council, staff or audience to deliver the invocation. r^ L