13 - Council Policy A-19 - Invocation Policy

CITY OF F NEWPORT REACH City Council Staff Report January 13, 2015 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Aaron Harp, City Attorney — (949) 644 -3131, aharp @newportbeachca.gov PREPARED BY: Michael Torres, Assistant City Attorney PHONE: (949) 644 -3131 TITLE: Change to the City Council's Invocation Policy (A -19) ABSTRACT: The U.S. Supreme Court recently issued an opinion in Town of Greece v. Galloway, 134 S.Ct. 1811 (2014) that "absent a pattern of prayers that over time denigrate, proselytize, or betray an impermissible government purpose..." an invocation policy passes constitutional muster. The U.S. Supreme Court further held that government should refrain from censoring invocations in advance by prohibiting speakers from referencing specific religions or deities. As a result of the U.S. Supreme Court's holding, the City Council may wish to update its existing City Council Invocation Policy (A -19) to reflect the current state of the law and remove restrictions that prohibit a speaker from referring to a specific religion or deity in his /her invocation. This was a specific request of Council Member Peotter at the December 9, 2014 Council meeting. RECOMMENDATION: Should the Council wish to do so, adopt Resolution No. 2015 -4, A Resolution of the City Council of the City of Newport Beach Adopting a Revised City Council Policy Regarding Invocations (City Council Policy A -19) at City of Newport Beach ( "City ") meetings. FUNDING REQUIREMENTS: There are no anticipated funding impacts associated with the adoption of the attached resolution. DISCUSSION: The City Council, like other legislative bodies in America, has a tradition of solemnizing proceedings by allowing for an opening prayer before each meeting. The City Council intends, and has intended in past practice, to adopt a policy that does not proselytize or advance any faith, or show any purposeful preference of one religious view to the exclusion of others. 13 -1