Citing Proper Authority, Mayor Orders Flags at Half-Staff

The U.S. and California state flags are flying at half-staff at Menifee City Hall in honor of City Council member Wallace Edgerton, who died May 26. Memorial service arrangements are pending. Menifee 24/7 photo: Kristen Spoon

The American flag at Menifee City Hall is once again flying at half-staff in memory of City Council member Wallace Edgerton, who died May 26 at age 81 after a long battle with lung disease.

And this time, the mayor has cited the official authority to order such action.

Mayor Scott Mann's previous order to fly the flag at half-staff for one day last week in memory of Edgerton was criticized by a Menifee resident speaking during the public comments portion of Wednesday night's City Council meeting.

"Who authorized the flying of the flag at half mast?" asked Katie Minnear (right). "There was an article in the paper stating that Scott Mann authorized that to be done. I'm just going to state that Scott Mann, you have no authority to do that. That was not appropriate. Our flag does not go at half-mast other than by authorization from the governor of the state or the president of the United States. And you don't qualify for any of those."

At the completion of Minnear's comments, Mann responded.

"I take full responsibility, ladies and gentlemen, for the national ensign being at half-staff for about four hours that day," Mann said. "I did order the city flag to be flown at half-staff so we memorialize our colleague, Wally Edgerton. I'll do it again, I'll do it every day, twice on Sundays. And for a speaker to come and complain about that ... I think that's pretty small."

Mann's comments were met by applause by most in the audience.

The language of the U.S. Flag Code may be open to interpretation. In a June 2 column on Menifee 24/7, Dr. Randall Freeman quoted part of that code, including the following:

In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential commands.

Freeman went on to write that "according to the Flag Code, only the President of the United States, your state's governor, and the mayor of the District of Columbia can order the flag lowered to half-mast."

There is more to the code, however. Responding to Mann's inquiry, Ned Ruthrauff of the governor's office cited further language in the flag code in an email obtained by Menifee 24/7:

In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential commands, or in accordance with recognized customs or practices not inconsistent with law.

Ruthrauff went on to write the following in that email to Mann:

"Our legal department's reading of the code allows for local discretion. As a representative of the governor's office, I am informing you that you have the authority to set your own policies to fly the flags at half-staff as you deem appropriate."

Mann's request, approved by the governor's office, was to fly the American flag at half-staff until Edgerton's memorial service on or about June 30. Edgerton was buried in a private ceremony on Monday, but plans for a local memorial service have not been finalized.

Flags are also flying at half-staff at Valley-Wide headquarters in Wheatfield Park and at the Menifee Veterans Memorial.

Photo of Katie Minnear courtesy of Georgina Ramos of Menifee Talk.