Parks & Recreation chair Michael Tirrell (The Westfield News File Photo)
WESTFIELD – At a special meeting on May 24, Parks & Recreation chair Michael Tirrell said in reviewing the request by the Westfield Pride Alliance to fly the Pride Progress flag on Park Square Green during the month of June, commissions and commissioners generally look to the City Charter for guidance.
Tirrell said in this case, there is no ordinance, as noted at the last meeting by Council liaison Nicholas J. Morganelli, Jr., who since made a motion at the May 20 City Council meeting asking a subcommittee to draft one.
Tirrell said the ordinance should be addressed in the next month or so. “In the interim, there is very little in the way of policy to go by regarding flying the flags,” he said. In recent years, some guest flags have flown at City Hall at the mayor’s discretion, including the Pride flag last June, generally for a week or less according to the mayor, Tirrell said.
He said he consulted with the Law Department who drafted an interim policy for use until the city council passes an official ordinance. The draft policy calls for approval from the mayor’s office, with scheduling, guidelines and implementation to be the responsibility of Parks & Rec.
The draft policy also calls for four weeks notice for scheduling, which he acknowledged they did not have in this case; that flags no larger than 5-feet by 8-feet would be raised by city staff or officials during business hours, and generally fly for 24 hours or less.
Tirrell said generally speaking, the commission would want to avoid any flags that are inappropriate or offensive in nature, that are discriminatory or of religious or political movements. Applicants may request one flag raising per calendar year, on a first-come, first-served basis. The mayor also has the right to revoke permission with or without notice.
“These are the interim guidelines that we’re putting forth between now and until a city ordinance has been approved,” Tirrell said, adding that while Parks & Rec will approve requests, the mayor can revoke permission with or without notice. He then asked for a motion to temporarily accept the draft policy.
Commissioner Scott LaBombard asked for clarification that this is just a temporary policy until a permanent one is adopted. “My understanding is we’re not able to put a policy in place, because we’re not that kind of commission,” he said.
“We’re deferring to the mayor until an ordinance is in place,” Tirrell said, adding that the draft policy was based on similar policies in Boston and surrounding cities and towns.
Commissioner Ken Magarian asked if the commission is not entitled to rule, why were they having the meeting. He said the request probably should have gone through the mayor’s office to begin with. Tirrell said the mayor had referred it to Parks & Rec because the request was for Park Square Green.
Another commissioner asked about the reference on content neutrality, and whether menorahs and Christmas trees were considered when the policy was drafted.
Tirrell said the commission would aim to be neutral and support all diversity and different groups in the city. The motion to accept the draft policy passed unanimously.
Regarding the specific request to fly the Pride Progress flag on Park Square Green in June, Tirrell said he spoke to the mayor because of its timeliness, and asked for a motion to appeal to the mayor for the request, and to agree to support the decision ultimately made by the mayor. “That will allow the group to get permission from City Hall, and not return to us to get permission,” he said.
LaBombard said he wanted to make a statement on the record. “I think it’s unfortunate that the city has been around for so long, and now that we have a group before us that wants to fly a flag, it’s caused a commotion. I feel terrible about that. I really hope the mayor puts his support behind it,” he said.
Addressing LaBombard, Morganelli said because this was brought to his attention at the last meeting, he looked for a flag ordinance, and discovered there wasn’t one.
“This has nothing to do with a group of people or a type of flag or anything like that. It has to do with no city ordinance on flying a flag, which opens the door to any group,” Morganelli said, adding that he has been contacted by residents who are in support of having an ordinance.
Morganelli also questioned the draft policy, and said he wasn’t sure how the commission has the authority to vote on the policy and send it to the mayor, giving him the power. “I’m not sure of the legality of all that. If it’s perfectly fine, I’m fine with that,” he said, adding that it doesn’t change the fact that there is going to be a flag ordinance for Westfield, just like there are for banners and signs.
Tirrell said he did have an extensive conversation with the law department about this, and because it’s policy and not an ordinance, the commission can create policy. He said he was in favor of pushing this back to the mayor and letting him know it’s coming.
Dennis Akins of the Westfield Pride Alliance asked to make a quick point to the commission, saying he wanted them to know that the alliance had no knowledge that no request to fly a flag had come to them before now.
The motion to refer the request to the mayor passed unanimously. Tirrell addressed Councilor Kristen Mello, who had originally brought it to the commission. “I would encourage you to reach back out to Mayor Humason and work with him. He will be in touch with us, and we will coordinate whatever is needed in terms of assistance,” he said.
