Res No 246-10-13280RESOLUTION NO. 246-10-13280
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, related to City Commission meetings; establishing a policy regarding
invocations before meetings of the South Miami City Commission; making findings;
and providing an effective date.
WHEREAS, the City Commission of the City of South Miami ( "the Commission ") is an elected
legislative and deliberative public body, serving the citizens of South Miami; and
WHEREAS, from the earliest founding of the City, the City Commission maintained a tradition
of solemnizing its proceedings by allowing for an opening invocation before each Commission meeting;
and
WHEREAS, the tradition of an invocation has recently been replaced since the last election by a
moment of silence; and
WHEREAS, the Commission wishes to reinstate the tradition of solemnizing its proceedings by
allowing for an opening invocation before each meeting, for the benefit and blessing of the Commission;
and
WHEREAS, the Commission now desires to once again adopt a formal, written policy to clarify
and establish its invocation practices; and
WHEREAS, our country's Founders recognized that we possess certain rights that cannot be
awarded, surrendered, nor corrupted by human power, and the Founders explicitly attributed the origin of
these, our inalienable rights, to a Creator. These rights ultimately ensure the self - government manifest in
our Commission, upon which we desire to invoke divine guidance and blessing; and
WHEREAS, such invocation before deliberative public bodies has been consistently upheld as
constitutional by American courts, including the United States Supreme Court; and
WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court
rejected a challenge to the Nebraska Legislature's practice of opening each day of its sessions with a
prayer by a chaplain paid with taxpayer dollars, and specifically concluded, "The opening of sessions of
legislative and other deliberative public bodies with prayer is deeply embedded in the history and
tradition of this country. From colonial times through the founding of the Republic and ever since, the
practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom."
Id., at 786; and
WHEREAS, the Commission desires to avail itself of the Supreme Court's recognition that it is
constitutionally permissible for a public body to "invoke divine guidance" on its work. Id., at 792. Such
invocation "is not, in these circumstances, an `establishment' of religion or a step toward establishment; it
is simply a tolerable acknowledgment of beliefs widely held among the people of this country." Id.; and
WHEREAS, the Supreme Court affirmed in Lynch v. Donnelly, 465 U.S. 668 (1984), "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." Id., at 675; and
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Res. No. 246 -10 -13280
WHEREAS, the Supreme Court further stated, that "government acknowledgments of religion
serve, in the only ways reasonably possible in our culture, the legitimate secular purposes of solemnizing
public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy
of appreciation in society. For that reason, and because of their history and ubiquity, those practices are
not understood as conveying government approval of particular religious beliefs." Id., at 693 (O'Connor,
J., concurring); and
WHEREAS, the Supreme Court also famously observed in Zorach v. Clauson, 343 U.S. 306,
(1952), "We are a religious people whose institutions presuppose a Supreme Being." Id., at 313 -14; and
WHEREAS, the Supreme Court acknowledged in Holy Trinity Church v. United States, 143 U.S.
457 (1892), that the American people have long followed a "custom of opening sessions of all
deliberative bodies and most conventions with prayer...," Id., at 471; and
WHEREAS, the Supreme Court has determined, "The content of [such] prayer is not of concern
to judges where... 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'." Marsh, 463 U.S. at 794 -795; and
WHEREAS, the Supreme Court also proclaimed that it should not be the job of the courts or
deliberative public bodies "to embark on a sensitive evaluation or to parse the content of a particular
prayer" offered before a deliberative public body. Id.; and
WHEREAS, the Supreme Court has counseled against the efforts of government officials to
affirmatively screen, censor, prescribe and /or proscribe the specific content of public prayers offered by
private speakers, as such government efforts would violate the First Amendment rights of those speakers.
See, e.g., Lee v. Weisman, 505 U.S. 577, 588 -589 (1992); and
WHEREAS, in Pelphry, et al v. Cobb County, Georgia, et al, 547 F.3d 1263 (11 "` Cir., Oct. 28,
2008), the United States Court of Appeals for the Eleventh Circuit, which includes Florida, held that the
practice of allowing clergy to offer uncensored religious invocations at the beginning of sessions of a
county commission and county planning commission did not violate the Establishment Clause, as long as
the invocations did not advance or disparage a belief or affiliate government with specific faith; and
WHEREAS, the Commission intends 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; and
WHEREAS, the Commission recognizes its constitutional duty to interpret, construe, and amend
its policies and ordinances to comply with constitutional requirements as they are announced; and
WHEREAS, the Commission accepts as binding the applicability of general principles of law
and all the rights and obligations afforded under the United States and Florida Constitution and statutes.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH NIIAMI, FLORIDA:
Section 1. The forgoing findings are incorporated herein by reference and made a part
hereof.
Section 2. In order to solemnize proceedings of the Commission, it is the policy of the
Commission to allow for an invocation or prayer to be offered before its meetings for the benefit of the
Community.
Page 2 of 4
Res. No. 246 -10 -13280
Section 3. No member or employee of the Commission or any other person in attendance at
the meeting shall be required to participate in any invocation that is offered.
Section 4. At each regularly scheduled meeting of the City Commission, a member of the
City Commission will be responsible for delivering or delegating the delivery of an invocation in a
manner or tradition such as he or she sees ft. Following a regular election of the Commission, the Mayor
shall give or select the first invocation, followed at subsequent meetings by other members of the
Commission in alphabetical order of last name following the Mayor's last name. Should the ordained
member be absent without arranging for an invocation in his or her absence, the officer presiding at that
meeting shall deliver the invocation without forfeiting his or her place in the regular order. In recognition
that the City Business is the priority of the City Commission, it is recommended that no invocation shall
exceed two minutes (120 seconds) in length. Should a "moment of silence" be requested as an
invocation, in order to permit silent prayer or meaningful reflection by any of those assembled, its
duration shall not be less than 30 seconds."
Section 5. No invocation speaker shall receive compensation for his or her service.
Section 6. Shortly before the start of regular Commission business, the Chair of the
Commission shall introduce the invocation speaker.
Section 7. This policy is not intended, and shall not be implemented or construed in any
way, to affiliate the Commission with, nor express the Commission's preference for or against any faith
or religious denomination. Rather, this policy is intended to acknowledge and express the Commission's
respect for the diversity of religious denominations and faiths represented and practiced among our
citizens.
Section 8. To clarify the Commission's intentions, as stated herein above, the following
disclaimer shall be included in at least 10 point font at the bottom of any printed Commission meeting
agenda: "Any invocation that may be offered before the start of regular Commission business shall be the
voluntary offering of a private citizen, for the benefit of the Commission and the citizens present. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by
the Commission, and the Commission does not endorse the religious beliefs or views of this, or any other
speaker."
Section 9 . This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16th
day of November, 2010.
ATTEST:
APPROVED:
)Sff-1 CLERK
MAY
COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
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Res. No. 246 -10 -13280
\ \exodus \From Powewault \Rtaylor \My Documents \resolutions\Resolution prayerTaliner.doc
Page 4 of 4
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Hon. Mayor, Vice Mayor Date: November 16, 2010
and Commissioners
FROM: Laurence Feingold, City Attorney
SUBJECT:
REMARKS:
RE: Agenda Item # /
A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, related to City Commission meetings;
establishing a policy regarding invocations before meetings of
the South Miami City Commission; making findings; and
providing an effective date.
At the Veterans' Day Ceremony established by Dr. Mirabile,
many persons were inspired by the invocation and closing prayer
of the Reverend Pansy Graham.
As a result, Commissioner Palmer is sponsoring and has asked the
City Attorney to prepare for Commission consideration the
attached Resolution omitting the current "moment of silence" in
favor of going back to an invocation before meetings of the City
Commission. The attached Resolution addresses Commissioner
Palmer's concerns.
I have also included as reference material, a news article published
on February 10, 2010 from the Lakeland, Florida Ledger entitled
"Prayer Before Public Meetings Is Common, but Practice Has Its
Critics."
Page 1 of 1
Prayer Before Public Meetings Is Common, but Practice Has Its Critics I TheLedger.com, Page 5 of 14
Prayer Before Public Meetings Is Common, but
Practice Has Its Critics
PAUL JOHNSON THE LEDGER
Btty photo
Just before the start of a December Polk County School Board meeting, School Board member Margaret Lofton,
second from right, offers a Christian prayer.
By Cary McMullen
LEDGER RELIGION EDITOR
Published: Wednesday, February 10, 2010 at 10:32 p.m.
Last Modified: Wednesday, February 10, 2010 at 10:32 p.m.
On Sept. 7, 1774, at the request of Benjamin Franklin, the Continental Congress asked an Episcopal rector, the
Rev. Jacob Duch6, to give an invocation. Duch6 prayed for the success of the independence effort, that God
would "unnerve" the hands of British soldiers and concluded with the words, "All this we ask in the name and
through the merits of Jesus Christ, thy Son and our Savior."
a pious practice in America going back centuries. At public
:mblies of all kinds - picnics, school assemblies, council meetings,
slative sessions - ministers and lay persons have invoked the
;sings of God upon the event. Frequently the prayers are explicitly
•istian in nature. In Polk County, praying before meetings is a
unon occurrence, one defended by religious and government officials.
fi' At a time when our economy is in shambles, when unemployment is
igh, there's a threat of terrorism and the health care issue is dividing us,
Click to enlarge do we really want to say to God right now,'You're not welcome'? 1 don't
During a worship service before his think so," said the Rev. Jay Dennis, pastor of First Baptist Church at the
swearing -in as Lakeland's mayor, GowMall in Lakeland, who has delivered prayers before local government
Fields, from left, wife Kay Harris
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Prayer Before Public Meetings is Common, but Practice Has Its Critics I TheLedger.com Page 6 of 14
Fields, and daughter Jasmine Harris
bodies, the U.S. House of Representatives and at a National Day of
bow their heads in prayer at The
Prayer service at the White House.
Lakeland Center in January.
Buy photo
But the practice has its critics, on the grounds it violates the First
CINDY SKOP I THE LEDGER
Amendment to the U.S. Constitution, which forbids government
sponsorship - or "establishment" - of any specific religion. In December,
Mayor Pam lorio received a letter from the Freedom From
eligion Foundation of Madison, Wis., requesting that the Tampa City
Meampa
ouncil discontinue its practice of opening meetings with prayer.
Govemment prayer is unnecessary, inappropriate and divisive," the
tter said in part.
recent years, court rulings have placed restrictions on where and how
blic prayers can be offered, although the courts have allowed
,ocations at meetings of government bodies, under some conditions. A
ing in the I I th Circuit U.S. Court of Appeals in Atlanta, which also
Plies in Florida, allowed prayers before Cobb County (Ga.)
remission meetings, offered by a variety of local clergy. But
allenges continue around the country, and in Polk County, the School
,ard could be susceptible to a lawsuit, according to one constitutional
VORITISM AT ISSUE
issue is whether a government body appears to favor one religion
another.
`�; 1983 U.S. Supreme Court ruling that allows legislative invocations
Iso leaves open the question how such favoritism is determined,
Click to enlarge resulting in a patchwork of lower court rulings. Among those that have
"I'm a Christian, and I don't apologize restricted public prayers:
for that. I count it as an honor to be
able to pray in public. Our nation is A 2005 ruling in the Fourth Circuit U.S. Court of Appeals over a case in
based on Christian principles, and it's South Carolina means that city councils in five mid - Atlantic states are
a privilege to be able to continue the prohibited from using "the name of a specific deity associated with any
practice put in place by our one specific faith or belief."
forefathers." - Margaret Lofton School In November, a federal judge in Winston - Salem, N.C., ruled that prayers
Board Member offered by local ministers had the effect of favoring Christianity over
other religions and ordered the Forsyth County Board of Commissioners to halt the practice.
In four states - Kentucky, Tennessee, Ohio and Michigan - invocations at school board meetings are prohibited
because of ruling in the Sixth Circuit U.S. Court of Appeals.
It can boil down to who is offering the prayers and whether they are "sectarian" - expressing the beliefs of a
particular religion, said Charles Haynes, senior scholar at the First Amendment Center, a nonpartisan
educational foundation in Washington.
If clergy are invited to pray, not favoring one faith over another, the courts have been inclined to allow the
practice, he said. That has been the long - standing tradition in the U.S. Congress and the Florida Legislature.
Visiting clergy in Tallahassee are given guidelines developed years ago by the National Conference of
Christians and Jews that propose ways to pray that would respect people of differing faiths, but ministers are not
told what they may or may not pray and many do use Jesus' name, said Bob West, chaplain of the Florida
House.
LOCAL PRACTICES
http:// www. theledger .com/article /201002IO/NEWS /2105065 11/10/2010
Prayer Before Public Meetings Is Common, but Practice Has Its Critics I TheLedger.com Page 7 of 14
A survey of the practices of government bodies in Polk County shows that some policy- making bodies are on
safer constitutional ground than others.
All - including the Florida Citrus Commission - begin their meetings with a prayer or invocation. Many of the
boards and councils invite local clergy members to give the prayers, usually on a rotating basis.
In most instances they are explicitly Christian in nature, reflecting the majority faith of the county. Among those
offered within the past year at board and council meetings, the prayers have included the phrases: "in the holy
name of Jesus Christ" (Lakeland City Commission, March 16), "in the name of Jesus" (Polk County School
Board, Dec. 8) and "in Christ's name" (Polk County Commission, Dec. 9).
Bob English, chairman of the Polk County Commission, said the commission's practice of calling upon local
clergy of all faiths to pray is part of a long tradition.
"We're founded on Judeo- Christian principles and ethics, and the invocations reflect that.... (George)
Washington and (Abraham) Lincoln professed belief in a higher power. I don't see a problem with that, and I
haven't had any constituent come and say they have a problem with it," he said.
English said there is an attempt to recognize religious diversity, and a rabbi had offered a prayer at a
commission meeting about a year ago. He said a Muslim imam was tentatively invited several years ago, but in
the wake of the Sept. 11, 2001, attacks, some commissioners objected.
The Polk County School Board and the councils of some of the county's smaller cities usually have one of the
board or council members deliver the invocation, and that could present a problem, First Amendment scholar
Haynes said.
"If School Board members, themselves, are giving the prayers and they're proselytizing in nature, a challenge
would have a pretty good shot. I'd say it's ripe for a challenge."
School Board Chairwoman Kay Fields and her husband, Lakeland Mayor Gow Fields, are known to be devout,
attending First Baptist Institutional Church and Redeemed Ministries church in Lakeland. When it is her turn to
pray at School Board meetings, Fields usually concludes with a reference to Jesus.
Fields said the current practice "fits our county."
"I don't think we're trying to push religion on anybody," she said. "If there's a problem, I'd be glad to invite
ministers, but I think you're going to get the same thing, only from different perspectives. I'm comfortable with
what we're doing right now."
Asked whether she would be in favor of inviting clergy of other faiths to offer prayers, at least on occasion, she
said yes.
"I don't have a problem with rotating clergy members, but (the School Board) has not had that discussion," she
said.
Polk School Board members have offered their own invocations for years, said Wes Bridges, the School Board
lawyer. At one time, local clergy were invited to pray, but there was a complaint about some clergy's being left
out, so the board members, themselves, took over the duty, he said.
Bridges said the practice has never been challenged.
"I'm not sure it's much different from other public bodies," he said. "Clearly, the Constitution precludes
establishment of religion. The relevant question is, does anything in this practice violate that prohibition? rm
not sure the School Board of Polk County is doing anything to establish religion."
School Board member Margaret Lofton firmly defended her usual practice of praying with reference to Jesus
Christ.
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Prayer Before Public Meetings Is Common, but Practice Has Its Critics I TheLedger.com Page 8 of 14
"I'm a Christian, and I don't apologize for that. I count it as an honor to be able to pray in public. Our nation is
based on Christian principles, and it's a privilege to be able to continue the practice put in place by our
forefathers," she said.
Lofton said expressions of other faiths would be welcome but she will continue to express hers.
"I have just as much right to practice my religion as they do theirs. I'm not going to be intimidated by anyone in
Washington or anywhere else," she said.
Some government officials have claimed a right of freedom of speech to use the name of Christ when praying,
but Haynes, the First Amendment scholar, said courts have held that the First Amendment overrides that
assertion, citing a case in Virginia.
"Under the establishment clause, government officials may not promote religion. You don't have free speech
rights when you're acting as an official. It's easier to challenge (a prayer) if government officials are doing it and
doing it in the name of Jesus," he said.
A leader in the Jewish community in Polk County said most Jews would not object to the practice of offering
prayers before public meetings, even if they are Christian in nature.
"Nobody would overreact to the fact people mention Jesus Christ. Christians are far and away the majority, and
we accept that," said Michael Wiener, president of Temple Emanuel in Lakeland, one of two Jewish synagogues
in the county. "Why would we object? Everything is open to us in the United States, compared to other places in
the world. I don't think the average Jewish person would have any objection."
NO CHALLENGES LOCALLY
No public officials in Polk could recall being challenged about their practices, nor does one appear imminent.
Glenn Katon, director of the Religious Freedom Project of the Florida ACLU, said his "gut -level reaction" is
that the School Board's practice "pretty clearly would be unconstitutional and would subject the board to pretty
serious liability." The likelihood that students might be present for a board meeting would lower the bar to a
challenge even further, but filing a lawsuit would depend on several factors, he said.
"It would be a matter of people willing to step forward and challenge it. They would have to have standing - to
live within the district - and they would have to be offended by it or would like to attend a meeting but were
deterred," Katon said.
Dennis, the Baptist pastor, said he has never been told he could not use the name of Jesus in his prayers at public
events. but he said it can be done in a way that is not offensive.
"I don't want to pray a prayer that's going to be divisive. I'm just trying to ask God to help us," he said. "It's all in
the approach. If we represent the spirit of Jesus, were not going to go in with both barrels and make them
believe like I do."
[ Cary McMullen can be reached at car .mcmullen@ttheled eg r.com or 863 -802 -7509. His blog, Scriptorium: A
Religion Panorama, can be read at religion.blogs.theledger.eom.
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