HomeMy WebLinkAboutFCS-14-127 - Flag Policy
REPORT TO: Mayor C. Zehr and Members of Council
DATE OF MEETING: June 30, 2014
SUBMITTED BY: L. MacDonald, Director of Legal Services & City Solicitor (519)
741-2200 ext. 7267
PREPARED BY: C. Goodeve, Manager, Council / Committee Services & Deputy
City Clerk (519) 741-2200 ext. 7278
WARD(S) INVOLVED: All
DATE OF REPORT: June 23, 2014
REPORT NO.: FCS-14-127
SUBJECT: COMMUNITY FLAG RAISINGS AND FLAG PROTOCOL POLICY
___________________________________________________________________________
RECOMMENDATION:
That Council Policy I-442 (Flag Policy) be repealed and replaced with the revised draft
Council Policy (Community Flag Raising and Flag Protocol), as attached to Finance and
Corporate Services Department report FCS-14-127.
BACKGROUND:
At the May 12, 2014 Finance and Corporate Services Committee meeting, consideration was
given to Chief Administrator’s Office report CAO-14-025 which recommended that existing
Council Policy I-442 (Flag Policy) be maintained. At that time, the Committee decided to take
no action with respect to the City’s Flag Policy. At the May 26, 2014 Council meeting a new
Community Flag Raising & Flag Protocol Policy was brought forward and Council subsequently
approved the following two motions:
“WHEREAS the City of Kitchener has in the past had a community flag pole at Rockway
Gardens which in 1993 was replaced by a community flag pole at the edge of the Duke
Street Garden at Kitchener City Hall; and,
WHEREAS Kitchener’s 20-year-old flag protocol prevents community groups from flying
flags outside City Hall to mark special events or festivals;
THEREFORE BE IT RESOLVED that two community flagpoles be designated for the
City of Kitchener – one at the Duke Street Gardens (Duke Street and Young Street) at
Kitchener City Hall and the second, at Speaker’s Corner (King Street and Benton
Street); and,
BE IT FINALLY RESOLVED that funding for the new community flag pole at Speaker’s
Corners, and installation, of approximately $2,500., be funded out of the 2014 Capital
budget from the Facilities Management Division.”
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“WHEREAS since stopping this practice in 1995, the City has heard from different
community groups, organizations and communities desiring to see a community flag
pole returned to the City of Kitchener; and,
WHEREAS special flag raisings have been use to enhance public awareness of
activities such as national / independence days, multicultural events, community
festivals, fundraising drives, and historical commemorations important to residents of our
community;
THEREFORE BE IT RESOLVED that the draft Community Flag Raising & Flag Protocol
Policy, dated May 21, 2014, be approved, in principle, to replace Council Policy I-442
(Flag Policy), subject to review by the City’s Solicitor for final wording and the
appropriate implementing By-law, coming forward to the June 30, 2014 Council meeting
for final approval;
BE IT FURTHER RESOLVED that implementation of the proposed policy reside with the
City Clerk, or designate;
BE IT FURTHER RESOLVED that community groups be permitted to raise a flag at no
cost to them, through a key sign-out or other process, subject to an implementation of a
detailed application and to conditions determined by the City Clerk;
BE IT FURTHER RESOLVED that any groups requesting additional support including
sound equipment, road closures, etc. arrange that through the City’s Special Events,
with the appropriate fee schedule, as determined by that division, and approved through
Council’s annual Budget deliberations process; and,
BE IT FINALLY RESOLVED that in keeping with the intent of the above changes,
notwithstanding the provisions within Council Policy I-441, community groups which
meet the general provisions of the propose policy be permitted to request the use of the
community flag pole in the Duke Street Gardens between now and the policy’s final
approval on June 30, 2014.”
REPORT:
Proposed Policy Changes
As per the direction given in Clause 3 of the second motion, the draft Community Flag Raising &
Flag Protocol Policy, was approved in principle, subject to a review by the City Solicitor for final
wording to come forward to the June 30, 2014 Council meeting. The intent of this report is to
inform Council of proposed revisions to the draft policy.
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Section 3.A. of the draft Policy that was put forward at the May 26 meeting contained the
following criteria for approving or denying a request to use the Community Flag Poles:
“The Community Flag Poles may be permitted to fly flags:
i. in honour national or independence days important to the residents of
Kitchener;
ii. in support of fund-raising drives important to the residents of Kitchener; and,
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iii. to celebrate multi-cultural and civic organizations or events important to the
residents Kitchener.”
As outlined in the revised draft Policy attached to this report, it is proposed that the criteria set
out in Section 3.A be changed to the following:
“The following types of flags are permitted to be flown on the Community Flag Poles:
i. the flag of a state recognized by the Canadian Department of Foreign Affairs,
Trade and Development being flown in honour of national or independence
days important to the residents of Kitchener;
ii. the flag of a registered charitable organization and/or registered not-for-profit
organization in support of fundraising drives important to the residents of
Kitchener; and,
iii. the flag of a registered charitable organization and/or registered not-for-profit
organization to celebrate multicultural and civic organizations or events
important to the residents of Kitchener.”
The change to Section 3.A.i is consistent with the language that is used in Section 2 of the
Policy regarding flags that could be flown in Civic Square when an official representative is
visiting the City. This change would allow for a standard process to be applied when
considering an application to fly a flag in honour of a national or independence days. Further, it
should reduce the amount of research that would need to be conducted to determine whether a
flag complies with the tenets of the Policy.
The intent of the proposed changes to Section 3.A.ii and 3.A.iii is to simplify the evaluation
process by only accepting applications from registered charitable organization and/or registered
not-for-profit organization. This should help to ensure that applications are being submitted by
groups whose activities meet the general principles of the Policy. These requirements are
similar to ones implemented by other Ontario municipalities, such as the City of London,
whereby a provision will be included on the flag application to require each applicant to provide
the registration number of their charitable and/or not-for-profit organization. The Ontario Ministry
of the Attorney General identifies the following as the most common types of not-for-profit
corporations:
a. General type - this would include such corporations as ratepayers’ associations,
professional associations, community organizations, etc.;
b. Sporting and athletic organizations;
c. Social clubs - these are corporations with objects in whole or in part of a social nature;
d. Service clubs such as Rotary, Lions, Kiwanis and Optimist;
e. Charities - these organizations are registered with the Canadian Revenue Agency
(CRA), which enables them to issue official donation receipts.
While on the surface it may seem that the proposed requirements may limit the number of
groups that may apply to use the community flag pole, it should be noted that Provincial
Government indicates there are 50,905 not-for-profit organizations in Ontario; excluding
hospitals, universities and colleges. Additionally, according to the CRA’s website, there are
approximately 30,879 registered charities in the Province of Ontario.
Flag Pole at Speaker’s Corner
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The first motion that was passed at the May 26 Council meeting directs staff to install a new
community flag pole at Speaker’s Corner (King Street and Benton Street). To install a standard
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size flag pole (35 feet high) it is estimated that a four foot by four foot hole will be required. In
discussions with Facilities Management and Economic Development staff it was indicated that
given the amount of infrastructure that is under Speaker’s Corner, pending the results of a
locate, it might not be possible to accommodate a flag pole at that site. It has been further
identified that there is an approximate three week backlog from when a locate is ordered to
when it is conducted. This coupled with the schedule for upcoming special events would mean
that it would most likely be late August before a flag pole could be installed at Speaker’s Corner.
Should the locates identify an issue with that location, staff will report back to either the August
11, 2014 Standing Committee meeting or the August 25, 2014 Council meeting.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The establishment of a flag protocol relative to community flag raisings aligns with the Quality of
Life priorities within the City’s Strategic Plan as it nurtures a sense of pride in the community.
FINANCIAL IMPLICATIONS:
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As per the final Clause of the first motion that was passed at the May 26 Council meeting,
approximately $2,500. was allocated out of the 2014 Capital budget from the Facilities
Management Division toward the installation of the community flag pole at Speaker’s Corner.
COMMUNITY ENGAGEMENT:
This matter has been discussed at the March 3, 2014, Council meeting, the May 12, 2014
Finance and Corporate Services Committee meeting as well as the May 26, 2014 Council
meeting. Various members of the public addressed Council on each of those occasions. At the
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May 26 meeting, it was indicated that the proposed policy would come forward for final
approval at the June 30, 2014 Council meeting.
ACKNOWLEDGED BY:
Christine Tarling, Acting Deputy CAO - Finance & Corporate Services
Department.
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COUNCIL POLICY RESOLUTION
:
POLICY NUMBER: I- DATEJUNE 30, 2014
POLICY TYPE: FACILITY
SUBJECT: COMMUNITY FLAG RAISINGS & FLAG PROTOCOL
POLICY CONTENT:
1. PURPOSE AND SCOPE
The Community Flag Raisings & Flag Protocol Policy establishes a framework to
govern requests for flag raisings received from the community, and to establish a
consistent protocol for the flying of flags at all municipal buildings, properties, and
facilities.
This Policy applies to Community Flag Raisings held at Kitchener City Hall and at
Speaker’s Corner, and to the flying of flags at any municipal building, property, or
facilities.
2. BACKGROUND
Kitchener recognizes that flags, as symbols of nations, territories and community
organizations, are important to residents of Kitchener. As a matter of practice,
Kitchener has in the past used special flag raisings to enhance public awareness of
activities such as national/independence days, multicultural events, fundraising drives,
and historical commemorations important to residents. To celebrate Kitchener’s
diversity and inclusivity, the City of Kitchener will permit the flying on a community flag
pole the flag of a nation recognized by Canada’s Department of Foreign Affairs, Trade
and Development on its national day if requested by a community cultural group; an
organization that achieved national or international distinction or made a significant
contribution to the community; or an organization that has helped to enhance the City
of Kitchener in a positive manner. Kitchener has also flown flags at half-mast to mark
periods of official mourning or commemorate solemn occasions important to its
residents.
3. DEFINITIONS
“Clerk”
A)means the Clerk appointed by the Kitchener Council, or his/her designate.
“Chief Administrative Officer/CAO”
means the Chief Administrative Officer
“Mayor”
appointed by the Kitchener Council, or his/her designate. means the
elected Mayor of the City of Kitchener, or the Acting Mayor, as approved by bylaw,
in his/her absence.
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SUBJECT: COMMUNITY FLAG RAISINGS & FLAG PROTOCOL
“Civic Square Flag Display”
B) means the three large flag poles in Civic Square
which fly the national flag of Canada, the provincial flag of Ontario and the City of
Kitchener flag.
“Community Flag Pole”
C)means the flagpoles designated at the Kitchener City
Hall Duke St. Gardens and at Speaker’s Corner for Community Flag Raisings.
“Flying a Flag at Half-mast”
D)means the action of flying all flags, forming a single
display of flags, at a position that is equal distance from the top and bottom of a
flagpole, to mark periods of mourning or to commemorate solemn occasions.
“Kitchener Flag”
E)means the flag adopted by Kitchener Council as a symbol of the
municipality. The Kitchener Flag may be granted, registered, approved or
confirmed by the Canadian Heraldic Authority.
“National Flag of Canada”
F)means the flag approved by the Parliament of
Canada as a national symbol of Canada.
“Provincial Flag of Ontario”
G) means the flag approved by the Legislative
Assembly of Ontario as a provincial symbol of Ontario.
4. POLICY STATEMENTS
The following rules will be used by the Kitchener in respect to the flying of flags at any
municipal building, property, or facility:
1. GENERAL PRINCIPLES OF THE POLICY
The following general principles will apply in respect to all aspects of this Policy, and
be used when interpreting the Policy:
A.
The municipality will use flags to celebrate Kitchener’s diversity and inclusivity,
and honour those who have contributed to the life of the municipality;
B.
The City will not fly the flag of a group or organization whose undertakings or
philosophy could prove detrimental or reflect negatively on the City’s public
image. In this regard, the City will not fly the flag of any group or organization
that;
Condones any form of personal discrimination, including that based upon
race, national origin, religion, sex or age;
Appears in a realistic manner to exploit, condone or incite hatred or
violence, or appear to condone, encourage or exhibit obvious
indifference to unlawful behaviour;
Demeans, denigrates or disparages any identifiable person, group or
person, organization, profession, product or service or attempt to bring
them into any public contempt or ridicule, or;
Undermines human dignity, displays obvious indifference to or
encourages, gratuitously and without merit, conduct or attitudes that
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SUBJECT: COMMUNITY FLAG RAISINGS & FLAG PROTOCOL
offend the standards of public decency among a significant segment of
the population;
Disparages a City program, service, facility, event or employee.
C.
The flying of flags at any municipal facility will not be contrary to the principles of
any other Kitchener policy or bylaw; and,
D.
The municipality will only fly flags that are approved or recognized by federal,
provincial or municipal governments of Canada.
2. CIVIC SQUARE FLAG DISPLAY
Only the national flag of Canada, the provincial flag of Ontario and the Kitchener flag
shall be raised on the three flagpoles located in the City Hall Civic Square.
Notwithstanding the provisions of the clause above, the Mayor or the CAO may
approve the raising of any of the following flags on the poles at City Hall Civic
Square:
(i) The flag of a member of the Royal family, the Governor-General or the
Lieutenant-Governor;
(ii) The flag of the United Nations;
(III) The flag of a state recognized by the Canadian Department of Foreign
Affairs, Trade and Development, when an official representative is visiting the
City or an official is representing a municipality officially linked to the City of
Kitchener;
(IV) Canadian Armed Forces Flag (on Canadian Armed Forces Day only)
3. COMMUNITY FLAG RAISING DISPLAYS
Kitchener has designated two (2) Community Flag Poles to celebrate Kitchener’s
diversity and heritage. The first Community Flag Pole will be the original flagpole
designated as a Community Flag Pole at the time of the opening of Kitchener City
Hall (the front, left flagpole at the corner of the Duke Street Gardens) and the
second Community Flagpole will be located in Speaker’s Corner.
A.
Community Flag Raising Criteria
The criteria for approving or denying a request to use the Community Flag Poles
will be:
The following types of flags are permitted to be flown on the Community Flag
Poles:
i. of a state recognized by the Canadian Department of Foreign Affairs,
Trade and Development being flown in honour of national or
independence days important to the residents of Kitchener;
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SUBJECT: COMMUNITY FLAG RAISINGS & FLAG PROTOCOL
ii. of a registered charitable organization and/or registered not-for-profit
organization in support of fundraising drives important to the residents of
Kitchener; and,
iii. of a registered charitable organization and/or registered not-for-profit
organization to celebrate multicultural and civic organizations or events
important to the residents of Kitchener
The following types of flags are not permitted to be flown on the Community Flag
Poles:
i. of Political Parties;
ii. of Religious Groups;
iii. in support of fund-raising drives that are political or religious in nature;
and
iv. that contravene any of the principles outlined in this policy or in any other
City of Kitchener bylaw or policy.
The Clerk will be responsible for providing advice, as necessary, on the
applicability of any of the above criteria to any application received for
Community Flag Raisings.
B.
Applications for use of the Community Flagpoles
All requests for use of the Community Flag Poles will be made in writing via a set
application form. Approvals and use of the Community Flagpole(s) will be
granted on a first come-first served basis.
st
Applications for any given calendar year will be accepted until December 1 of
st
the previous year, with a calendar prepared by the Clerk by December 31 of
that previous year for the following year. Subsequent approvals will be
considered on a first-come, first-served basis, subject to space availability;
Applications during the calendar year are to be submitted at least three (3)
weeks prior to the day requested for the raising of the flag. The Clerk will review
all applications to determine consistency with this Policy, and will:
i. approve the flag raising and note it on the next Council Agenda for
information purposes, if the flag raising was previously approved by the
Mayor and Chief Administrative Officer (CAO) within 5 years of the
current request, and is consistent with this Policy;
ii. make a recommendation to the Mayor and CAO to approve or deny the
application prior to the date of the proposed flag raising, and if approved,
note it on the next Council Agenda for information purposes, if the flag
raising was not previously approved by the Mayor and CAO, or was
approved by the Mayor and CAO more than 5 years before the current
request;
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SUBJECT: COMMUNITY FLAG RAISINGS & FLAG PROTOCOL
iii. Decisions made by the Mayor and the CAO, or the City Clerk, in the
implementation of this policy, shall be considered final.
C.
General Rules for the Community Flagpoles
The general rules for the use of the Community Flagpoles are as follows:
i. Flags will be flown for up to 1 week at a time, on one (1) of the two
available community flag poles;
ii. A community group will be permitted one (1) use of the community flag pole
each calendar year;
iii. When the community flag raising at any point in time is for the flag of
another nation, the flag of that nation will fly on the Community Flag Pole at
Kitchener City Hall. If more than one application is received to fly the flag of
another nation, the Clerk will work with the applicants to facilitate a solution
which allows for each of the group’s respective celebrations. The Clerk’s
decision shall be final in this regard.
iv. When the community flag raising is for the flag of a community
organization, the first organization to make application shall have first
choice as to which Community Flag Pole they would like to use, and the
second application will have use of the other Community Flag Pole. If there
is already a national flag flying on the Community Flag Pole at Kitchener
City Hall, then only the remaining flag pole at Speaker’s Corner shall be
available for any community flag requests.
v. When more community flag-raising requests occur on the same day (or
during the same period of time) than there is space for on Community Flag
Poles, then the Clerk will work with affected groups to facilitate the
community flag raising by: (1) moving a flag-raising to a different day; or (2)
sharing the time period equally by affected groups.
vi. Individuals, groups or associations requesting flag raisings are required to
provide the flag to be raised.
4. FLAG PROTOCOL
Kitchener’s protocol for the flying of flags at all municipal facilities incorporated into
this Policy as appendices.Appendix ‘A’ are the protocols Kitchener will use in
honouring contributions to the life of the municipality through the Flying a Flag at
Half-mast. Appendix ‘B’ are the protocols the municipality will use in determining
how flags will usually be flown at any municipal facility.
5. ROLES & RESPONSIBILITIES
Council
Council is responsible for approving and amending this Policy.
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SUBJECT: COMMUNITY FLAG RAISINGS & FLAG PROTOCOL
The Clerk
The Clerk will be responsible for the interpretation of this Policy, as well as the
development of procedures for the effective and efficient implementation of the
Policy. The Mayor, Chief Administrative Officer and the Clerk shall have approval
responsibilities as outlined in various sections of this policy.
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Appendix “A”
FLYING FLAGS AT HALF-MAST
The City’s protocol for Flying a Flag at Half-mast will be:
A. Periods of Official Mourning
Flags will be flown at half-mast at all City facilities to mark periods of official mourning
upon the death of:
i. The Sovereign;
ii. A Member of the Canadian Royal Family;
iii. The Governor General of Canada, or a former Governor General;
iv. The Prime Minister of Canada, or a former Prime Minister;
v. The Leader of Her Majesty’s Loyal Opposition, Parliament of Canada;
vi. The Lieutenant Governor of Ontario;
vii. The Premier of Ontario;
viii. The Leader of Her Majesty’s Loyal Opposition, Legislative Assembly of Ontario;
ix. A local Member of Parliament, or a local Member of the Legislative Assembly of
Ontario;
x. The Mayor or a former Mayor;
xi. A Member of Council or a former Member of Council;
xii. The Regional Chair or a former Regional Chair;
xiii. A current employee of the City of Kitchener;
xiv. A retired member of City staff having a minimum of 15 years of service;
xv. A Waterloo Region Police Officer who dies in the line of duty; and
xvi. A resident of Kitchener, who is a member of the Canadian Armed Forces, killed
while deployed on operations.
Flags will be flown at half-mast, in the case of a national or provincial official, for the
duration established by the appropriate federal or provincial protocol offices. In the
case of other persons, flags will be flown at half-mast on the date of the funeral or
memorial service for that individual.
The Clerk will be responsible for coordinating the Lowering of Flags at City facilities.
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SUBJECT: COMMUNITY FLAG RAISINGS & FLAG PROTOCOL
Kitchener Fire & Emergency Services Facilities
The Kitchener Fire Department may mark a period of official mourning for other fire
and emergency personnel who have died in the line of duty, or any other traditional
commemorations of solemn occasions important to fire and emergency personnel.
This applies to Kitchener Fire Stations only.
B. Commemoration of Solemn Occasions
Flags will be flown at half-mast annually, at all municipal facilities, to commemorate
the following solemn occasions:
i. Remembrance Day (November 11); and,
Flags will be flown at half-mast annually, at the civic square flag display, to
commemorate the following solemn occasions:
ii. National Day of Mourning for Persons Killed or Injured in the Workplace (April
28)
iii. Peacekeeper’s Day (August 9);
nd
iv. National Firefighter Memorial Day (2 Sunday in September);
v. National Peace and Police Officer’ Memorial Day (Last Sunday in September);
vi. National Day of Remembrance and Action on Violence Against Women
(December 6).
C. Other Solemn Occasions
The commemoration of other periods of official mourning and solemn occasions, in
keeping with the General Principles of this Policy, may be approved by the Mayor or
CAO. This can include the passing of a person considered to be a prominent citizen of
the City of Kitchener or the Region of Waterloo or a person of national or international
stature that has had a profound effect on the lives of the community or in response to a
tragic or catastrophic event in the world.A notice of any approval issued by the Mayor
or CAO will be placed on a future Council Agenda for informational purposes.
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Appendix ‘B’
CUSTOMARY FLAG CONFIGURATION
The City’s protocol for the usual configuration of flags at City of Kitchener facilities will be:
A. Civic Square Flag Display
The National Flag of Canada will be flown on the centre flagpole. To an observer
facing the entrance to the Civic Centre, the Provincial Flag of Ontario will fly to the left
of the Canadian flag and the Kitchener Flag will be flown to its right. Other flags will
not be flown on any of these flagpoles, except in the circumstances noted under
Section 2 – Civic Square Flag Display
of this policy.
B. Other City Facilities
i.When the facility has only one (1) flagpole
.
The National Flag of Canada will be flown at facilities with only one flagpole
Another flag will not be flown under the National Flag of Canada. Other flags will
not be flown at these facilities, except in the circumstances noted in under the
heading “Dignitary Visits.”
ii.When the facility has two (2) flagpoles configured to form a single display
The National Flag of Canada and either the Provincial Flag of Ontario or the Flag
of the City of Kitchener will be flown. The customary position of honour, the left
flagpole to an observer facing the display, will be used to fly the National Flag of
Canada. Other flags will not be flown on these flagpoles, except in the
circumstances noted under the heading “Dignitary Visits.”
iii.When the facility has three (3) flagpoles configured to form a single display
The National Flag of Canada, the Ontario Provincial Flag, and the Flag of the City
of Kitchener will be flown. The National Flag of Canada will be flown on the centre
flagpole which is the customary position of honour. To an observer facing the
display, the Provincial Flag of Ontario will fly to the left of the National Flag of
Canada, and the Flag of City of Kitchener will be flown to its right. Other flags will
not be flown on these flagpoles, except in the circumstances noted under the
heading “Dignitary Visits.”
C. Shared Government Facilities
At Shared Government Facilities (e.g. Kitchener & Waterloo Region Joint Fire & EMS
Stations) arrangement of flags at facilities shared by the City and another government
will be decided by written agreement between the governments and in accordance
with applicable protocol. The Clerk will be responsible for representing the City and
confirming such arrangements.
DIGNITARY VISITS
In the event of a visit by a dignitary to a City of Kitchener facility, the City may fly a flag
representing that dignitary. The flying of a flag to mark the dignitary’s visit will be made
only after consulting with an appropriate protocol officer responsible for coordinating the
visit.
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