Flags - Half-staff, July 5-7

You'll see U.S. and Illinois flags at half-staff this week-end and through Monday. Illinois Gov. Rod Blagojevich has ordered the lowering of these flags at buildings housing State offices in memory of Chicago police officer Richard Francis, 60, who was killed on-duty early last Wednesday.

His death reminds all of us just how dangerous police work can be and how there is nothing such as a "routine" call or "routine" patrol. Law enforcement officers have to be on their toes in every contact with civilians.

Although the governor has announced his order to honor Ofc. Francis in this manner, it may not be within his authority to do so. The U.S. Flag Code provides specific circumstances under which a governor of a state can order the U.S. Flag lowered to half-staff, and it also provides specifically for the duration of such lowering.

Unfortunately, Gov. Blagojevich may have improperly ordered the lowering of the U.S. Flag in memory of Ofc. Francis, because Ofc. Francis was not an "official" of the State of Illinois. An employee of the Governor's office has responded that the governor does follow the Flag Code but that the Code itself is not all that governs protocol.

I was informed that "The President of the United States maintains powers to lower the flag outside of but within the spirit of the code. As does the Governor." And further that "the General Assembly passed a law requiring lowering for a three day period following: the death of a servicemember from illinois killed in combat operations or combat support, the death of a peace officer or firefighter killed in the line of duty."

I have responded to the Office of the Governor that I believe the President and the Governor do not have that authority and also that the General Assembly does not have the authority to make any changes in the United States Flag Code. Certainly, it can alter any flag code of the State of Illinois insofar as the height of the State flag is concerned, but the GA cannot dictate circumstances for the lowering of the United States Flag.

No disrespect is intended toward the late Ofc. Francis. The question is raised only because his employment as a police officer is not included in the categories of officials to whom this honor is extended in the U.S. Flag Code.

To read the exact wording in the law, go to http://www.usflag.org/uscode36.html

Scroll down to "Patriotic Customs"
Then click on §175. Position and manner of display
Go to (m), where you will find "In the event of the death of a present or former official (emphasis added) of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff."

© 2008 GUS PHILPOTT