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HomeMy WebLinkAbout09 - Guidelines for InvocationsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 January 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorneys Office; Robert Burnham, City Attorney; 644 -3131 rburnham @city.newport- beach.ca.us SUBJECT: Adoption of a Council Policy establishing guidelines for invocations. ISSUE Should the City Council adopt a policy establishing rules for invocations consistent with the recent court ruling in Rubin vs. City of Burbank (101 Cal. App. 0 1194)? RECOMMENDATION If desired, adopt the draft Council Policy (A -19) attached as Exhibit A. DISCUSSION In Rubin, the California Court of Appeals ruled that an invocation at a Burbank City Council meeting by chaplain who invoked "the name of Jesus Christ" violated the Establishment Clause. According to the Court of Appeals, the invocation constituted sectarian prayer and conveyed the message that the City Council was a "Christian" body. The Court of Appeals upheld the trial court's order enjoining the City from allowing sectarian prayer and requiring the City to "advise anyone conducting a prayer as part of the City Council meeting that sectarian prayers are not permitted." The Rubin decision is the controlling law relative to invocations in this State. According to our information, cities have responded to Rubin by: (a) discontinuing invocations; (b) substituting a moment of silence for the invocation; (c) advising those giving invocations that sectarian prayers are not permitted. The failure of any City to comply with Rubin could lead to litigation, court mandated restrictions on invocations and an award of attorney fees and costs. I have prepared a draft City Council policy that establishes guidelines for invocations (Exhibit A). The draft policy is, in my opinion, consistent with the trial court's order in Rubin. The draft policy requires the City Attorney send a letter (Exhibit B) to any person agreeing to give an invocation. Environmental Review: No environmental document required pursuant to the "general rule." Prep .*d by: Burnham, City Attorney Exhibit A: Ordinance; Exhibit B: City Attorney Letter EXHIBIT A COUNCIL POLICY A -20 The Newport Beach City Council has a long tradition of beginning each City Council meeting with a pledge of allegiance and an invocation. Recently, the Court of Appeal ruled that certain invocations — those that constitute sectarian prayer - violate the Establishment Clause of the Federal Constitution (Rubin v. City of Burbank (101 Cal. App. 4th 1194 (2002)). The purpose of this Policy is to ensure that invocations comply with the law so that we retain the right to open public meetings with words of inspiration and wisdom. The City Council believes that the purpose of an invocation is to recognize the role that freedom of religion has played in the history of this country and the contribution that religious groups make to the quality of life in this community — and not to promote or discourage any particular religious belief. The City Council is confident that anyone who agrees to give an invocation consistent with this Policy will offer words that respect the laws and institutions that protect the freedom we all enjoy. The City Council has determined that invocations that comply with the following guidelines are consistent with the Rubin decision. 1. The tone, tenor and content of the invocation would not, to a reasonable person, be considered as advancing or disparaging a specific religion. 2. The invocation does not refer to term associated with a specific religion, sect or deity such as "Jesus Christ ", "Allah" or "Our Father in Heaven." 3. The invocation does not refer to a particular religious holiday, significant date, holy day or religious event. 4. The person giving the invocation does not read or quote from any sectarian book, doctrine or material. The City Attorney shall send a letter to each person who has agreed to give an invocation expressing the City Council's appreciation for volunteering and confirming his /her intention to offer an invocation that is fully consistent with this policy. 0 0 . EXHIBIT B The City of Newport Beach has a tradition of initiating each City Council meeting with a brief invocation and we appreciate your willingness to offer the invocation on . However, we want you to know that the California Court of Appeal has ruled that invocations in the nature of sectarian prayer violate the United States Constitution. According to the Court of Appeal, prayers at the start of government meetings don't violate the United States Constitution as long as "there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief." This decision means that we must prohibit invocations that communicate "a preference for one religious faith (or sect) over another." The City Council has adopted a policy (copy enclosed) to help you comply with the court's ruling. For the time being we ask that you keep the following guidelines in mind when preparing and /or delivering an invocation at a City Council meeting: I. The tone, tenor and content of the invocation should not, to a reasonable person, be considered as advancing or disparaging a specific religion. 2. The invocation should not refer to terns associated with a specific religion, sect or deity such as "Jesus Christ ", "Allah" or "Our Father in Heaven." 3. The invocation should not refer to a particular religious holiday, significant date, holy day or religious event. 4. You should not read or quote from any sectarian book, doctrine or material. The City is required to enforce this policy to avoid litigation that could result in a court order prohibiting invocations and /or awarding attorney fees and costs. The City appreciates your willingness to work within the restrictions the courts have imposed. We completely understand and fully respect any decision not to deliver an invocation under these circumstances and we ask only that you notify us prior to the meeting. Thank you for your interest and assistance in perpetuating Newport Beach's long - standing practice of opening its public meetings with words of inspiration and wisdom. •