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THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 14, 1995_ by the following vote:
AYES: Supervisors Rogers, Smith, Bishop
NOES: Supervisors DeSaulnier, Torlakson
ABSENT: None
ABSTAIN: None
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SUBJECT: Policy on the Use of Inspirational Thoughts and/or
Invocations
Phil Batchelor, County Administrator, presented two
options for the Board to consider should it desire to establish a
policy on the use of inspirational thoughts and/or invocations as
part of the opening ceremonies of Board meetings. A copy of the
proposal presented by the County Administrator is attached and
included as a part of this document.
Speaking in support of the practice of having an
invocation was the Reverend Curtis A. Timmons, P. O. Box 8213,
Pittsburg, California.
The following spoke in opposition to the practice:
Allene Harper, P. O. Box 5743, Concord 94524;
Burt Bogardus, P. O. Box 293, Danville 94526;
Bill Callison, Peace & Freedom Party, 2741 Atlantic
Street, Concord;
Karlyn Streganona, 2201 Sycamore Drive, #209, Antioch;
Bruce Oberlander, P. O. Box 31, Concord;
Martin Kassman, 1201 14th Avenue, #101, San Francisco;
Edgar T. Monk, 312 Florida Avenue, Richmond;
Elsie McManigal, 2510 Humphrey Avenue, Richmond;
Molleen Matsumura, c/o Americans United for Separation
of Church & State, P. O. Box 424455, San Francisco
94142-4455.
All persons desiring to speak were heard.
Board members considered the options presented by the
County Administrator as well as several variations and
combinations so as to reach a consensus.
At the conclusion of the discussion, the Board
ESTABLISHED the Inspirational Thought Program and DESIGNATED the
County Administrator to manage it and develop procedures in
accordance with the following guidelines:
1. A person desiring to present an inspirational
thought at a Board Meeting is to submit his/her
name with a description of the thought to the
County Administrator.
2 . A drawing of nominations submitted will be held
in the County Administrator's Office.
A
Board Order
Inspirational Thought
3 . A person interested in presenting the inspirational
thought at a Board meeting will be notified.
4. Presentation of an inspirational thought before
the Board is limited to three minutes.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Boats of Supervisors on the date shown. _
ATTESTED: y12 ri /`7/i l y �5
PHIL BATCHELOR,Clerk of the Boaro
of Supervisors and County Administrator
b'j ' � Deputy
cc: County Administrator
TO: BOARD OF SUPERVISORS 5 Contra
r _1
FROM: ;'
Costa
Phil Batchelor, County Administrator �';��. ,.s
: ,.oa County
DATE:
March 9, 1995
SUBJECT:
BOARD POLICY ON THE USE OF INSPIRATIONAL THOUGHTS AND/OR
INVOCATIONS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE one or the other of the following two options:
A. Authorize the County Administrator to place on the regular Board agenda an
inspirational or reflective thought; or
B. Authorize the County Administrator to continue the policy of having an
invocation on the fourth Tuesday of the month by asking the Council of
Churches to work with all interfaith groups in the County to schedule
individuals to give the invocation.
BACKGROUND:
On December 20, 1994, the Board of Supervisors considered the subject of
invocations.
Since December 20, 1994, the County Administrator's Office has included an
inspirational message on the Board's agenda, usually quoted from the works of a well
known author or poet.
We suggest two options, neither of which returns to the situation prior to December
20. One option would abandon the use of an invocation entirely, but provide for the
County Administrator to include an inspirational thought on the agenda as has been
done for the past two months. The other alternative asks the Council of Churches
to be responsible for providing an invocation on the last Board meeting of each
month, but asks that they broaden the organizations they use so that all inter-faith
groups have an opportunity to provide an invocation for Board meetings.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Mapeh 14, 19Q5 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I EBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CO CT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERE THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS O HE DATE SHOWN.
ATTESTED
Contact: PHIL BATCHELOR,CLERK THE BOARD OF
CC: SUPERVISORS AND COUNTY AD ISTRATOR
BY DEPUTY
i
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINE7, CALIFORNIA
Date: February 4 , 1994
To: Phil Batchelor, County Administrator
From: Victor J. Westman, County Counsel
Re: Board -of supervisors invocation
This is to advise that the California Attorney General (Daniel
;.. Lungren) has recently opined that a county board of supervisors
nay open its sessions with an invocation. (76 Ops . Cal. Atty. Gen.
2:31 ) The Attorney General indicated that his opinion was based on
the assumption that the invocation practice being approved was not:
1 . Required by law as a condition to the official proceeding.
2. Part of the deliberative agenda but rather incidental
thereto,
3 . Offered by or supervised or approved as to content by a
public officer,
4 . Officially limited to a particular religion,
5 . Disparaging of others, or
6 . Directed toward proselytizing.
Finally, the Attorney General indicated it remains to be
determined how the California Supreme Court would address the issue .
of local legislative body invocations under the provisions of the
California Constitution but that he (the Attorney General) believes
that a majority of the current California Supreme Court would uphold
such legislative body invocations under both state and federal
Constitutions .
If you have any questions concerning this attorney general ' s
opinion or desire a copy of it, please advise .
VJW:d f CONTRA COSTA COUNTY
cc: Supervisors , District offices RECEIVED
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Molleen Matsumura (415)665-1945
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forSep wtion of Chwrh andSmte
San Francisco Bay Area Chapter
P.O.Box 424455 • San Francisco,CA 94142-4455
My name is Molleen Matsumura. I'm a member of the San Francisco Bay Area Chapter of
Americans United for Separation of Church and State, which has members in all the Bay Area
counties, including Contra Costa. Recently my colleague John Barker spoke to you on behalf of
Americans United; since he couldn't attend today's meeting, he asked me to replace him.
The situation you find yourself in today places you in very distinguished company. James
Madison's notes on the consitutional convention record that Benjamin Franklin, feeling that divine
guidance might help the deliberations, formally moved that each day should begin with an
invocation. The arguments began immediately: Would there be one officiant, or several? what
religious denomination? who would foot the bill? The motion was tabled, and never considered
again. Quite likely that experience deepened the convictions that led Madison to support the
Virginia Statute of Religious Freedom, and the First Amendment, along with the rest of the Bill of
Rights. What better example could there be that separation of church and state is simply
practical?
What needs to be kept in mind is that the wall of separation between church and state is not a wall
of hostility. It's the opposite, an application of the old New England wisdom that "good fences
make good neighbors". With the boundaries clearly marked, each neighbor works their own land
in peace. This board can do the same; it's a lot of work attending to the civic needs of the
community, and your hands are full. Citizens of every religious persuasion and none can be
trusted to find moral inspiration in their homes, their places of worship, even in the beauty of
nature. And certainly they can trust you to do the same, each in your own way. The
appropriateness and sensitivity of your governmental decisions will tell people all they need to
know.
At the meeting where this Board decided to increase the number of invocations, it was suggested
that diversity and freedom would be celebrated in that way. But is that what has happened ?
Seeing people of different religions vie for their turn, and some of them be turned away, has been
a sad sight indeed. It's demeaning. The truly dignified and respectful approach would be to
respect the First Amendment and keep these chambers for government, and simply that.
What about the question that's often raised of the place of religion in public discussion? Yes,
what about it? There's a microphone here, and people are taking turns. Clergy and non-clergy,
people of every kind of belief, have an equal voice,just as we do in the voting booth. Does
anybody need more than equality?
I wonder what the framers of the Constitution would say if they could be at this meeting today.
Maybe Franklin would say, "Learn from my experience!" Madison might add, "I could have told
you." Certainly they could say, "Every day of the Constitutional Convention, people of different
beliefs worked together. We didn't preach, but we acted, and we came up with a set of laws that
has worn well. You can do it too."
Americans United for Separation of Church and State joins with the many citizens who petitioned
you in calling on you to uphold the Constitution. Let your agenda describe the business of the
day;let your meetings begin with a call to order; and let inspiration and guidance be provided by
the rich resources of community life.
i
MARTIN KASSMAN
ATTORNEY AT LAW
1.201 14TH AVE. #101 VOICE (415) 564-6732
SAN FRANCISCO, CA 94122 FAx (415) 564-2308
REMARKS TO CONTRA COSTA COUNTY BOARD OF SUPERVISORS
on behalf of American Jewish Congress
March 14, 1995
My name is Marty Kassman. I am a San Francisco
attorney, speaking today on behalf of American Jewish Congress,
which I serve as a regional board member. As I mentioned in my
December 20th appearance before this Board, AJCongress is a 76-
year-old non-profit organization dedicated to preserving and
strengthening American democracy. We devote a large percentage
of our time and resources to protecting and expanding Americans'
freedom from government involvement in religious affairs .
I'm here this morning to briefly reiterate that
AJCongress stands with those members of this community who object
to having official prayers delivered at meetings of this Board.
That objection also applies to religious writings, such as the
story called "Footprints, " which was read aloud at last week' s
meeting by the County Administrator and was printed on the
Board' s agenda, presumably at the taxpayers' expense.
We at AJCongress believe it is both inappropriate and
illegal for public officials to use the instruments entrusted to
them by citizens to send religious messages, whether such
messages are delivered orally, in writing or by the use of
1 AJC\CONTRA2.R&M/031395
r• ,
symbols . Although we can understand the County Administrator's
desire to "wash his hands" of the invocation controversy, the
problem cannot be resolved by delegating to a religious
organization the power to decide who will deliver an official
message at a public meeting.
We respectfully suggest that this Board leave religious
affairs to the private choice of its constituents and focus on
the public business with which it has been entrusted.
2 AJC\CONTRA2.REM/031395