BOARD OF COUNTY COMMISSIONERS
Agenda Item #1
Title
County Policy on Private Use of County Facilities (Amended)
Amount
N/A
Description
A new policy authorizing certain County facilities to be utilized as limited public forums for private uses subject to reasonable rules and requirements.
Recommendation
1) Adopt the resolution approving the "Private Use of County Facilities" policy authorizing certain County facilities to be utilized as limited public forums for private uses subject to reasonable rules and requirements; and 2) Repeal "Policy Provision regarding Use of County Facilities and Staff Support for Non-Profit Corporations" approved February 4, 2014.
Alternative(s)
Give further direction
Requested By
Michele Lieberman, County Attorney
Originating Department
County Attorney's Office
Attachment(s) Description
Resolution 2015-___; Draft Policy: "Private Use of County Facilities"; County Attorney memorandum: "Legal Parameters for County Properties Use Policies"; "Policy Provision regarding Use of County Facilities and Staff Support for Non-Profit Corporations"
Documents Requiring Action
Resolution 2015-___, incorporating "Private Use of County Facilities" as Exhibit A; "Policy Provision regarding Use of County Facilities and Staff Support for Non-Profit Corporations"
Executive Summary
To institute constitutionally and statutorily sound policies for private use of County properties, the Board of County Commissioners must establish policies which are consistent with First Amendment jurisprudence, meet a present and sufficiently strong public purpose and comply with the duties imposed by statute.
Background
The private use of public facilities implicates both constitutional and statutory law and a number of practical considerations. The Board may limit all county facilities (with the exception of traditional public forums) to county government functions. The Board may, in the other hand, open certain county facilities for private use (e.g., private parties, fundraising events, political rallies) so long as the Board creates a policy which adheres to the legal parameters explained in the attached County Attorney memorandum: “Legal Parameters for County Properties Use Policies.”
Issues
If the BoCC chooses to allow private use of county facilities, the BoCC should adopt a constitutionally and statutorily sound policy.
Fiscal Recommendation
N/A
Fiscal Alternative(s)
N/A
Funding Sources
N/A
Account Code(s)
N/A
Attachment: memo_use_of_County_facilities_v2.pdf
Attachment: Draft BoCC Policy with Reso.pdf
Attachment: Draft BoCC Policy on outside use of county facilities.pdf