R-2018-02 CaRmN I CITY OF CLERMONT
sMRESOLUTION NO. 2018-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, FLORIDA, REGARDING A CEREMONIAL,
OPENING INVOCATION AND RECITATION OF THE PLEDGE
OF ALLEGIANCE AT COUNCIL MEETINGS PRIOR TO
OFFICIAL POLICYMAKING AND LEGISLATIVE FUNCTIONS;
ADOPTING A POLICY OF NON-EXCLUSION AND SELECTION
OF VOLUNTEER INVOCATION SPEAKERS AND A DIVERSITY
OF VIEWPOINTS AND NON-EXCLUSION OF THOSE IN
ATTENDANCE; PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Clermont (the "City") desires to preserve and maintain the
tradition of solemnizing its City Council proceedings by allowing and inviting an opening
invocation and the recitation of the Pledge of Allegiance before each regular and special meeting
of the City Council for the benefit of the City Council; and
WHEREAS, the City recognizes that our history is replete with official references to the
value and invocation of Divine guidance in deliberations and pronouncements of the Founding
Fathers and contemporary leaders as set forth in the holding of Lynch v. Donnelly, 465 U.S. 668,
675 (1984); and
WHEREAS, the United States Supreme Court and Eleventh District have consistently
upheld the practice of delivering religious invocations before deliberative public bodies
occurring prior to policymaking. See Town of Greece v. Galloway, 134 S. Ct. 1811 (2014);
Marsh v. Chambers, 463 U.S. 783 (1983);Atheists of Florida, Inc. v. City of Lakeland, 713 F.3d
577 (11th Cir. 2013); and
WHEREAS, the City recognizes that our City and Nation is comprised of individuals
with a diversity of viewpoints, including but not limited to, faiths, religions, beliefs, and non-
beliefs. Accordingly, the City will make reasonable efforts to invite, locate, and welcome
individuals with a diversity of viewpoints to offer the opening invocation for the benefit of the
City Council, and the City's policies shall not be intended, implemented, or construed in any
manner to affiliate the City Council or the City with, or express any preference for or against,
any faith, non-faith, belief, non-belief or religious denomination;
WHEREAS, in recognition of the diversity of faiths, ideas, viewpoints, and various
beliefs as referenced herein, it is the policy of the City that sectarian prayer may be allowed that
is solemn and respectful in tone that invites the City Council to reflect upon shared ideals and
common ends before embarking on the business of governing. However, invocation speakers are
hereby requested to refrain from exploiting the invocation period with proselytizing or advancing
any one belief, view, or religion; disparaging any other faith or belief; denigrating nonbelievers
or religious minorities; threatening damnation; or preaching conversion;
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CLEC,, T CITY OF CLERMONT
RESOLUTION NO. 2018-02
WHEREAS, in further recognition of the diversity of ideas, viewpoints, and various
beliefs and non-beliefs held within this Country, it is the policy of the City that the opening
invocation and recitation of the Pledge of Allegiance be voluntary and allow participation from
all that wish to participate, but otherwise allow non-participation and an opportunity to exit the
City Council Chambers during the opening invocation and/or recitation of the Pledge of
Allegiance to any who do not wish to witness or participate in same; and
WHEREAS, the City Council intends that this policy and these procedures do not
proselytize or advance any faith, or show any purposeful preference of one religious or non-
religious view to the exclusion of others.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont,
Florida, as follows:
SECTION 1. Opening Invocation Procedure and Policies.
Intent. It is the policy of the City Council that the procedures set forth in this Resolution
concerning opening invocation shall occur at all regular and special meetings of the City
Council. This policy and these procedures are not intended, shall not be implemented, and shall
not be construed in any way, to affiliate the City Council or the City with, nor express a
preference for or against any faith, belief, non-belief, opinion, religion, non-religion, or
denomination. Rather, this policy and these procedures are intended to acknowledge and express
the City Council's respect for the diversity of religious and non-religious denominations and
faiths represented and practiced among the citizens of the City and to express the City Council's
respect for its proceedings and the importance of government and local legislative functions. In
no event shall these procedures be intended, implemented, or construed in any way to compel
participation in the opening invocation or recitation of the Pledge of Allegiance. Neither the City
Council nor the City staff shall require the public to participate in the opening invocation or
recitation of the Pledge of Allegiance; single out dissidents for opprobrium; or indicate or allow
in any manner the City Council's decisions to be influenced by a person's participation or lack of
participation in the opening invocation or recitation of the Pledge of Allegiance.
Timing. After the Call to Order of all regular and special meetings of the City Council,
an opening invocation as described herein shall occur followed directly by the recitation of the
Pledge of Allegiance. The opening invocation and recitation of the Pledge of Allegiance will
occur and be completed during the opening, ceremonial portion of the City Council meeting and
shall in no event occur, or be construed to occur, during the policymaking or legislative portions
of the City Council meeting.
Speaker Selection. The City Council hereby invites and welcomes the religious leaders
and other representatives of any and all local religions, denominations, faiths, creeds, and beliefs,
including but not limited to, ministers, priests, chaplains, rabbis, deacons, and the like, to
participate in providing opening invocations for the City Council. The opening invocation will be
performed by a local volunteer selected in accordance with these rules. The local volunteer
selected for leading the opening invocation shall be selected from a wide pool of local clergy and
organization or group leaders as specified below, and he/she shall in no event receive
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compensation from the City for his/her participation or services. To ensure that such person is
selected from among a wide pool of local clergy and organization or group leaders, on a rotating
basis, the invocation speaker shall be selected according to the following procedure:
1. The City Manager or his/her designee shall compile and maintain a database of
the religious congregations and other groups and organizations with an established presence
within the jurisdictional limits of the City of Clermont.
2. The database shall be compiled examining a broad and diverse pool of religious
leaders and other representatives of any and all local religions, denominations, faiths, creeds, and
beliefs, including but not limited to, ministers, priests, chaplains, rabbis, deacons, clerics, and the
like. The database may be compiled through referencing the listings for "churches,"
"congregations," other religious and non-religious groups and organizations located, or with an
established presence, within the jurisdictional limits of the City in the annual Yellow Pages
telephone book(s) or comparable data sources, research from the Internet, consultation with local
chambers of commerce or comparable organizations, and any other effective method in the
discretion of the City Manager or his/her designee. Any such church, congregation, entity,
organization or group within the jurisdictional limits of the City not identified within the
database for participation may request inclusion within the database by written communication
directed to the City Manager that references the opening invocation. If a resident of the City is a
member of a church, congregation, other religious or non-religious group or organization which
is located outside of the City, such shall be included in the database upon the residents' written
request to the City. This policy is intended to be and shall be applied in a way that is inclusive of
diverse religious and non-religious congregations, groups and organizations. The database is
compiled and used for purposes of logistics, efficiency, and equal opportunity for all religious
and non-religious leaders within the jurisdictional limits of the City to choose whether to respond
to the City Council's invitation.
3. The database shall be updated by reasonable efforts of the City Manager or
his/her designee yearly.
4. Potential invocation speakers shall be selected from the database and be invited
by the City Manager or his/her designee on a rotating basis; provided, however, reasonable
efforts shall be made to ensure that a variety of invocation speakers are scheduled for City
Council meetings.
5. Neither the City nor the City Council shall engage in any prior inquiry, review, or
involvement in, the content of any invocation to be offered by an invocation speaker. However,
consistent with U.S. Supreme Court precedent, invocation speakers are hereby advised that the
invocation should not denigrate believers, nonbelievers or religious minorities; threaten
damnation; or preach conversion. Statements reflecting ideals relating to peace and security for
the nation; safety of our armed forces, police, firefighters and emergency service personnel;
wisdom for the lawmakers; and justice for the people are encouraged.
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RESOLUTION NO. 2018-02
6. The City Clerk may add the name and affiliated organization of the selected
invocation speaker for a particular meeting to the Council Agenda next to the "Opening
Invocation" item. Notwithstanding the preceding, such entry or information shall not be
considered or construed as an official agenda item for the public meeting or considered part of
the public business to be transacted by the City Council.
7. In recognition of the transitional process relating to the policies set forth herein,
including but not limited to the completion and maintenance of the database, the City Council
may invite religious or non-religious leaders, chaplains, ministers, rabbis or leaders of other
groups or organizations with an established presence within the jurisdictional limits of the City to
conduct the opening invocation until such time as the database is compiled, to offer a moment of
silence, or to forego the opening invocation.
8. In the event an upcoming meeting of the City Council does not have a volunteer
opening invocation speaker for that meeting, the City Council reserves the right to invite
religious or non-religious leaders, chaplains, ministers, rabbis or leaders of other groups or
organizations to conduct the opening invocation for that meeting, and in the event no such
speaker is available, the Mayor may choose any speaker; offer a moment of silence; or forego the
opening invocation.
Conduct of Proceedings. No member of the City Council, City employee or staff, or any
other person in attendance at the meeting shall be required to participate in any opening
invocation that is offered or to rise and/or recite the Pledge of Allegiance. An opportunity to exit
the City Council chambers and return upon completion of the opening invocation shall be
afforded to those who do not wish to participate or witness same.
Persons in attendance at the City Council meeting are invited to stand during the opening
invocation and are invited to stand and/or recite the Pledge of Allegiance. However, such
invitation shall not be construed as a demand, order, or any other type of command. Such
invitation constitutes a general invitation that a person in attendance may stand and/or participate
if he/she wishes to do so for such observances. An opportunity to exit the City Council
Chambers and return upon completion of the Pledge of Allegiance shall be afforded to those who
do not wish to participate or witness same
Agenda Disclaimer. The following statement shall be placed at the bottom of
City Council meeting agendas:
Any opening invocation that is offered before the official start of the Council meeting shall be the
voluntary offering of a private person, to and for the benefit of the Council. The views or beliefs
expressed by the invocation speaker have not been previously reviewed or approved by the City
Council or the city staff, and the City is not allowed by law to endorse the religious or non-
religious beliefs or views of such speaker. Persons in attendance at the City Council meeting are
invited to stand during the opening invocation and to stand and recite the Pledge of Allegiance.
However, such invitation shall not be construed as a demand, order, or any other type of
command. No person in attendance at the meeting shall be required to participate in any opening
invocation that is offered or to participate in the Pledge of Allegiance. You may remain seated
within the City Council Chambers or exit the City Council Chambers and return upon completion
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Ca • CITY OF CLERMONT
_,,� ,P„ RESOLUTION NO. 2018-02
of the opening invocation and/or Pledge of Allegiance if you do not wish to participate in or
witness the opening invocation and/or the recitation of the Pledge of Allegiance.
SECTION 2. Conflicts/Supersede.
This Resolution shall supersede any previous rules, policies, procedures, or resolutions to
the extent of any conflict with this Resolution.
SECTION 3. Severability.
If any portion of this Resolution is finally determined by a court of competent jurisdiction
to be invalid, unconstitutional, unenforceable, or void, the balance of the Resolution shall
continue in full force and effect.
SECTION 4. Effective Date.
This Resolution shall take effect immediately.
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• CITY OF CLERMONT
C�1 RESOLUTION NO. 2018-02
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on the 23rd day of January, 2018.
• CITY OF CLERMONT
. #
Gail L. Ash, Mayor
ATTEST:
O.
Tracy Ackroyd e, City Clerk
Appr• ,edas o s '
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D ani- . an7rlirg. • orney