Commission approves transfer of downtown flagpole to city and advances ordinance restricting flags on public property

Livingston — The Livingston City Commission voted unanimously to accept ownership of a flagpole that had been installed at a small downtown triangular park, adopting an agreement with local veterans’ organizations that sets out who will maintain the flag and how the city will handle repairs and long‑term memorial planning.

What the commission approved: The agreement transfers the pole and base to the City of Livingston and directs the city to accept responsibility for safety repairs and long‑term maintenance. Veterans’ groups — represented at the negotiations by a VFW official — agreed to operate the daily flag‑changing and to coordinate with the city on flag‑code compliance. The agreement also records a city commitment that the pole will remain in place until a permanent veterans’ memorial is designed and constructed in the park.

Why this came up: A privately installed flagpole at Yellowstone and River Drive prompted legal and policy questions about private displays on public land and the city’s obligations. City staff advised that private structures on public property raise First Amendment and liability concerns and recommended city ownership to reduce legal risk and to enable the city to apply consistent rules and maintenance standards.

Terms and repairs: The agreement requires the veterans’ organizations and the city to coordinate planned improvements to the pole — including replacing traditional rope with a more durable cable and making visibility/safety modifications — once city engineers review options. Until the city upgrades the fixture, the veterans’ groups will continue operating the flag under the U.S. Flag Code. The city attorney reviewed the draft and recommended the transfer as a practical solution to avoid ongoing private‑on‑public conflicts.

Public reaction: At the hearing a representative of the local VFW urged the commission to accept the plan and promised cooperation in maintaining the flag until the permanent memorial is built. A number of residents said they appreciated the compromise and the prospect of a single, city‑led plan for a memorial rather than continued ad‑hoc installations on public land.

Related ordinance: Around the same meeting the commission advanced a separate ordinance that will create a short new chapter in the municipal code defining what may be placed on, or flown from, public property and ways. Staff told commissioners the draft codifies existing practice and clarifies the city’s authority to determine which flags may be flown on city property: standard U.S. flag, State of Montana flag, City of Livingston flag and the POW/MIA flag, and to establish procedures for any other requests. The draft is based on models other municipalities adopted after recent court precedents about private speech and public property.

Why the city proposed the ordinance: City staff said the new article makes the rules for public property explicit so future disputes can be handled by city policy rather than ad‑hoc action. The article will be returned for a required second reading and final adoption at the next meeting; commissioners said they view a clear code as helpful to prevent confusion and reduce legal exposure for the city.

What happens next: The transfer agreement was approved unanimously. City staff will finalize the engineering review of the pole, schedule the agreed safety and visibility upgrades and coordinate with the veterans’ organizations on operations until the city designs a permanent memorial. The ordinance creating a public property article will come back for formal adoption at the next commission meeting.

Ending note: The commission described the package — a legal transfer plus a municipal policy improvement — as a pragmatic resolution to recurring disputes about private use of public parks and a step toward a single, city‑led veterans’ memorial planning process.