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HomeMy WebLinkAbout2012 10 08 Public Hearings 502 Ordinance 2012-23 Revising Official City Seal "In God We Trust" MottoCOMMISSION AGENDA ITEM 502 October 08, 2012 Regular Meeting REQUEST: Informational Consent Public Hearings X Regular KS City Manager Department Pursuant to City Resolution 2012 -36 and Section 165.043, Florida Statutes, City Manager requesting the Commission approve Ordinance 2012 -23, revising the official City Seal to incorporate the motto "In God We Trust ". SYNOPSIS: On September 24, 2012, at its Regular Meeting, the Commission approved Resolution 2012- 36 which, in part, approved the incorporation of the National and State of Florida motto "In God We Trust" into the official City Seal of Winter Springs. Based on this action, staff has revised the City Seal to incorporate the motto "In God We Trust" and presents Ordinance 2012 -23 for Commission consideration and approval. This Ordinance, if approved by the Commission, officially adopts the new City Seal (included as Exhibit "A" in attached Ordinance 2012 -23), in accordance with the requirements of Section 165.043, Florida Statutes. CONSIDERATIONS: At its September 24, 2012 Regular Meeting, the Commission approved Resolution 2012 -36, authorizing the permanent and prominent display of the National and State of Florida motto "In God We Trust" in the City Commission Chambers, and further authorizing the future incorporation of said motto into the official City Seal of Winter Springs. In accordance with that direction of the Commission, staff has created a new City Seal which incorporates the motto "In God We Trust" into the City Seal. Public Hearings 502 PAGE 1 OF 2 - October 08, 2012 As previously mentioned by the City Attorney in Agenda Item 600 (September 24, 2012 Regular Commission Meeting) - Considerations - Section 17, a decision to incorporate the motto "In God We Trust" into the official City Seal would require additional approval of that new City Seal by the City Commission by Ordinance in accordance with Section 165.043, Florida Statutes. Thus, Ordinance 2012 -23, attached, is presented for Commission consideration to official approve the new City Seal, inclusive of the motto "In God We Trust." FISCAL IMPACT: The new City Seal will be gradually introduced in accordance with an implementation schedule approved by the City Manager and subject to future budget and appropriations approved by the Commission to the extent necessary. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Manager recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2012 -23, revising the official City Seal to incorporate the motto "In God We Trust ". ATTACHMENTS: 1. Ordinance 2012 -23 Public Hearings 502 PAGE 2 OF 2 - October 08, 2012 ORDINANCE NUMBER 2012 -23 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA APPROVING A MODIFIED CITY SEAL IN ACCORDANCE WITH SECTION 165.043, FLORIDA STATUTES BY INCORPORATING THE NATIONAL AND STATE MOTTO "IN GOD WE TRUST;" PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 2012 -36, the City Commission directed that the City Attorney and City Manager proceed with preparing the necessary documents to modify the City's Official Seal to incorporate the national and state motto "In God We Trust;" and WHEREAS, section 165.043, Florida Statutes requires a municipality to adopt an ordinance to designate an official municipal seal; and WHEREAS, "In God We Trust" was adopted as the official national motto of the United States in 1956, 31 U.S.C. § 186, and is also the motto of the State of Florida, § 15.0301, Fla. Stat.; and WHEREAS, "In God We Trust" is also on the Official Seal of the State of Florida; and WHEREAS, "In God We Trust" is required to be on all U.S. coins and currency of the United States. Pub. L. 84 -140, adopted July 11, 1954; 36 U.S.C. § 302; and WHEREAS, the use of the phrase "In God We Trust" on U.S, currency pre -dates the 1954 statutory requirement when Congress first authorized the National Mint to include "In God We Trust" on coins in 1865, and made its inclusion mandatory on gold and silver coins in 1908; and WHEREAS, the motto "In God We Trust" is inscribed above the Speaker's chair in the U.S. House of Representatives, and also above the main door of the U.S. Senate Chamber; and WHEREAS, in Aronow v. United States 432 F. 2d 242 (9" Cir. 1970), the use of the motto "In God We Trust" on coins and currency was the first challenged, and the 9th Circuit Court of Appeals held that the use of the phrase on coins and currency did not violate the Establishment Clause. The court reasoned: It is quite obvious that the national motto and the slogan on coinage and currency "In God We Trust" has nothing whatsoever to do with the establishment of religion. Its use is of a patriotic or ceremonial character and bears no true resemblance to a governmental sponsorship of a religious exercise. City of Winter Spring, Florida Ordinance Number 2012 -23 Page 1 of 2 While "ceremonial" and "patriotic" may not be particularly apt words to describe the category of the national motto, it is excluded from First Amendment significance because the motto has no theological or ritualistic impact. As stated by the Congressional report, it has "spiritual and psychological value" and "inspirational quality;" and WHEREAS, in Newdow v. Lefevre 598 F.3d 638 (9" Cir. 2010), the Ninth Circuit Court of Appeals again upheld the use of the motto on the nation's coins and currency. Based on Aronow the court held that statutes requiring placement of the motto did not violate the Establishment Clause of the First Amendment, and the motto did not represent a purely religious dogma or constitute a government endorsement of religion, in violation of the Religious Freedom Restoration Act (RFRA); and WHEREAS, in Lambeth v. Davison County, North Carolina 407 F.3d 266 (4 Cir. 2005), the Fourth Circuit Court of Appeals, upheld the county board's decision to authorize the inscription of "In God We Trust" on the facade of a county government center building. The court reasoned that in this situation, the reasonable observer must be deemed aware of the patriotic uses of the national motto, both historical and present, of the phrase "In God We Trust." Furthermore, a reasonable observer contemplating the inscription of the phrase on the government center would recognize it as incorporating familiar words, a phrase with religious overtones to be sure, but also one long used, with all its accompanying secular and patriotic connotations as our national motto and currency inscription. Therefore, the use of the phrase "In God We Trust" on the government center building did not violate the Establishment Clause; and WHEREAS, in Gaylor v. U.S. 74 F.3d 214 (10`" Cir. 1996), the Tenth Circuit Court of Appeals similarly held statutes establishing "In God We Trust" as the national motto and providing for its reproduction on U.S. currency did not violate the Establishment Clause. See also O'Hair v. Blumenthal, 588 F.2d 1144 (5 Cir. 1979) (affirming lower court decision holding that the adoption of the national motto "In God We Trust" and the use of it on coin and currency are constitutional); and WHEREAS, in Schmidt v. Cline 127 F.Supp. 2d 1169 (U.S. D. KS 2000), a claimant challenged the elected County Treasurer's decision to display posters in the treasurer's office bearing the words "In God We Trust." Relying on Gaylor v. U.S. the Court emphasized that the 10th Circuit held that the national motto has a secular purpose, symbolizes the historical role of religion in our society, foster's patriotism, and expresses confidence in the future; that its primary effect is not to advance religion; and that it "does not create an intimate relationship of the type that suggests unconstitutional entanglement of church and state;" and WHEREAS, in Myers v. Loudoun County School Board 251 F.Supp. 2d 1262 (ED Va. 2003), a school board's implementation of a state statute requiring schools to post the national motto in every public school building was upheld as constitutional; and WHEREAS, the United States Supreme Court, in dicta, has strongly indicated on several occasions that the governmental use of the motto "In God We Trust," does not, at least in certain Cite of Winter Spring, Florida Ordinance; Number 2012-23 Page 2 of 5 contexts, contravene the mandate of the establishment clause. See County of Allegheny v. ACLU 492 U.S. 573 (1989) ([O]ur previous opinions have considered in dicta the[ "In God We Trust "] motto ..., characterizing [it] as consistent with the proposition that government may no communicate an endorsement of religious belief. "); Lynch v. Donnelly 465 U.S. 668 (1984) (O'Conner, J., concurring) ( "[G]overnment's display of the creche in this particular physical setting is no more an endorsement of religion than such governmental `acknowledgments' of religion as ... [the] printing of `In God We Trust' on coins.... "); and WHEREAS, the City Commission recognizes that many cities have chosen to prominently display the national motto on and within government buildings, and that on February 20, 2002, the city of Bakersfield, California became the first city in recent years to vote to display the national motto, "In God We Trust," at city hall; and WHEREAS, in November of 2011, the U.S. House of Representatives passed a nonbinding resolution by a vote of 396 to 9 reaffirming "In God We Trust" as the official national motto of the United States. Representative Randy Forbes (R. -Va.) sponsored the measure to reverse what he called "a disturbing pattern of inaccuracy in omissions regarding the motto;" and WHEREAS, the City Commission recognizes that the U.S. House Resolution not only reaffirms the official motto of the United States, but also supports and encourages the public display of the national motto in all public buildings, public schools, and other government institutions; and WHEREAS, the City Commission desires to support the U.S. House Resolution by adopting this Resolution to authorize the permanent and prominent display of the national and State of Florida motto "In God We Trust" in the City Commission Chambers, and to further authorize the future incorporation of said motto into the official City seal of Winter Springs subject to a gradual implementation schedule prepared by the City Manager and subsequent budget and appropriation decisions made by the City Commission; and WHEREAS, the City Commission is relying upon the aforementioned legal authority for purposes of adopting this Ordinance; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Intent and Purpose. This Ordinance is intended to modify the Official City Seal and afford said seal all the privileges and protection provided pursuant to Section 165.043, Florida Statutes. In addition, the inclusion of the motto "In God We Trust" into the City Seal is intended to have a secular, non - religious purpose. The intent and purpose of this inclusion is to City ol' Whiter Spring. Florida Ordinance Number 2012-23 Page ; of-5 recognize that the national and State of Florida motto, "In God We Trust," symbolizes the historical role of religion in our society, foster's patriotism, and expresses confidence in the future. Further, as recognized by the courts, the primary effect of this Ordinance (display of the motto) is not to advance religion; and that this Ordinance is not intended to promote or support an unconstitutional entanglement of church and state. In addition, this Ordinance is intended to support the request made by the U.S. House of Representatives in H. Con. Res. 274 adopted during the 111` Congress 2d Session to publicly display the national motto in public buildings. Section 3. Adoption of Modified Official City Seal. Pursuant to Section 165.043, Florida Statutes, the City Commission hereby adopts, as the City's Official Seal, the seal which is depicted on EXHIBIT "A," which is attached hereto and fully incorporated herein by this reference. The new City Seal shall be gradually introduced wherever the display of the City Seal is appropriate in accordance with an implementation schedule approved by the City Manager and subject to future budget and appropriations approved by the City Commission to the extent necessary. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Resolution shall take effect immediately upon approval of the City Commission and as provided by City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the day of , 2012. In witness whereof, I have hereunto set my hand and caused this seal to be affixed. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk Cite of Winter Spring, Florida Ordinance Number 2012-23 Page 4 of 5 Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney First Reading: _ Legal Ad Published: Effective Date: City of Winter Spring, Florida Ordinance Number 2012 -23 Page 5 of 000��' 3M Q m Z W � 6S6 s daoaut • 2 .�