SUBJECT:
Title
Town Banner, Flag and Street Décor Policy
Department
DEPARTMENT: Administrative Operations
Presenter
PRESENTER(S): Malcolm Fleming, Town Manager
Kendra Carberry, Town Attorney
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Time
TIME ESTIMATE: 60 minutes
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For time estimate: please put 0 for Consent items.
Fiscal
FISCAL SUMMARY: N/A
NA
Policy
POLICY ISSUES:
The Town currently follows an Administrative Policy to determine what flags, other than the United States flag, may fly and when they may fly, on Town-controlled flag poles, as well as what street décor may be installed on Town-controlled property. Council asked staff to prepare options for amending that policy.
Recommendation
STAFF RECOMMENDATION:
Consider the options staff have prepared to amend the existing policy and, by motion passed by roll call vote, approve Option 2 to give staff clear direction on this matter and enable the Town, when there is Council support, to fly flags reflecting Council’s proclamations, including flags for Juneteenth and Pride Month, as has been done since 2021 in the case of Juneteenth and since 2022 in the case of Pride Month.
Body
SUMMARY/KEY POINTS
Town Council asked Town staff to prepare options for amending the Town’s current administrative policy on flags and street décor. The options staff prepared include:
• Option 1: Current Policy
• Option 2: Current Policy amended to add provisions providing for flying flags associated with an official proclamation approved by resolution of the Town Council, during the period of time associated with the proclamation.
• Option 3: Current Policy amended to provide for flying only the United States flag, the Colorado State flag, the Town of Erie flag, and a POW/MIA flag.
• Both Option 2 and Option 3 also include amendments to provide for flying the Town of Erie flag (if one is adopted), as well as displaying banners on streetlights owned or controlled by the Town.
• Additionally, both Options 2 and 3 also include amendments that refer to the University of Colorado Monthly Awareness Calendar instead of an incomplete list of heritage celebrations.
• Finally, both Options 2 and 3 also amend the definition of Street Décor to eliminate “paint” from the definition to avoid situations that would require ongoing maintenance.
BACKGROUND OF SUBJECT MATTER:
In 2021, to ensure the Town’s actions were permitted by law and evolving legal caselaw, and after consulting with the Town Attorney and the Town Council, the Town Manager adopted an administrative policy covering the display of flags on flagpoles owned or controlled by the Town. In 2022, and again after consulting with the Town Attorney and Town Council, the Town Manager amended the policy to cover displays of street décor on property owned or controlled by the Town. That current Town policy limits flying of flags on Town controlled flag poles to:
• The United States flag;
• The Colorado State flag;
• A flag associated with an official proclamation or order of the President of the United States, during the period of time associated with the proclamation or order;
• A flag associated with an official proclamation or order of the Governor of the State of Colorado, during the period of time associated with the proclamation or order;
• A POW/MIA (Prisoner of War/Missing in Action) flag, at any time; and
• A "Fallen Heroes" or similar flag, recognizing a deceased member of the United States Armed Forces, at any time.
The current policy also specifies the Town Manager may approve the installation of street décor if the Town Manager determines that the street décor complies with the policy and applicable law.
In accord with this policy, the Town has flown flags for Juneteenth every year since 2021, and for Pride Month every June since 2022.
During June 2025, after Town staff had raised the Pride flag on Town flag poles in celebration of Pride Month, it was pointed out that although Town Council Members had read and commented positively on the Town’s Pride Month Proclamation, there did not appear to be either an official Presidential or Gubernatorial proclamation on Pride Month. Consequently, it appeared that flying the Pride flag was inconsistent with the current policy and the flags were taken down. On June 24, 2025, the Town received a copy of a Proclamation from Governor Polis proclaiming the month of June, 2025 as Pride Month in the State of Colorado. Reflecting that proclamation, Town staff raised the Pride flags on Town owned flag poles and flew them through the end of June.
During the Town Council’s June 24 meeting Public Comments <https://erie.granicus.com/player/clip/3383?view_id=9&redirect=true> section, 18 people spoke about the Town’s Flag policy, Pride Month, and the impact of removing the Pride flags had on them. To avoid a similar situation in the future, Town Council can expand the instances in which the Town may fly flags to include observances covered by a Proclamation adopted by a Resolution of the Town Council. Option 2 attached does this.
Alternatively, Town Council may wish to limit the instances in which the Town may fly flags or install street décor to only the United States flag, the Colorado State flag, the Town of Erie flag (if one is adopted), and a POW/MIA flag, and focus other celebration or awareness actions on banners and street décor. Option 3 attached does this.
Adding the Banners section is intended to cover the Town’s practice of having “Hometown Hero” and similar banners on Town-owned streetlights. Deleting “paint” from the definition of Street Décor reflects the additional maintenance considerations associated with paint on streets.
priorities
TOWN COUNCIL PRIORITY(S) ADDRESSED:
☒ Attractive Community Amenities
☒ Engaged and Diverse Community
☐ Prosperous Economy
☐ Well-Maintained Transportation Infrastructure
☒ Small Town Feel
☒ Safe and Healthy Community
☒ Effective Governance
☐ Environmentally Sustainable
☐ Fiscally Responsible
attachments
ATTACHMENT(S):
1. Option 1: Current Flag and Décor Administrative Policy
2. Option 2: Edits to current policy to provide for flags to be flown in accord with Town Council Proclamations and to add banners
3. Option 3: Edits to current policy to provide only U.S., Colorado, Town of Erie, and POW/MIA flags, and to add banners
4. Option 2 Clean version
5. Option 3 Clean version