File #: ORD 23-005    Name: Adoption of an ordinance repealing and replacing Chapter 11.06 of the Monterey County Code to update the design of the official Emblem of the County of Monterey
Type: Ordinance Status: Passed
File created: 3/1/2023 In control: Board of Supervisors
On agenda: 3/14/2023 Final action: 3/14/2023
Title: Adopt an ordinance repealing and replacing Chapter 11.06 County Emblem of the Monterey County Code to update the design of the official Emblem of the County of Monterey and provide for the enforcement of prohibitions on misuse of the Emblem through the County Administrative Office or its Designee.
Attachments: 1. Board Report, 2. Appendix I-Draft ordinance repealing and replacing Chapter 11.06, 3. Appendix II-Original Ordinance, 4. Appendix III-Current County Emblem, 5. Appendix IV-Proposed Final Emblem, 6. Completed Board Order Item No. 33, 7. REVISED Completed Board Order Item No. 33, 8. Ordinance No. 5397

Title

Adopt an ordinance repealing and replacing Chapter 11.06 County Emblem of the Monterey County Code to update the design of the official Emblem of the County of Monterey and provide for the enforcement of prohibitions on misuse of the Emblem through the County Administrative Office or its Designee.

report

RECOMMENDATIONS:

It is recommended that the Board of Supervisors:

 

Adopt an ordinance repealing and replacing Chapter 11.06 of the Monterey County Code to update the design of the official Emblem of the County of Monterey and provide for the enforcement of prohibitions on misuse of the Emblem through the County Administrative Office or its Designee.

 

SUMMARY/DISCUSSION:

Chapter 11.06 of the Monterey County Code designates the design of the official County Emblem, defines its permissible uses, and makes misuse of the Emblem a misdemeanor. The Emblem is used for official County business such as identifying County property or the official stationery of the County and its officials. The County Administrative Office (“CAO”) recommends repealing and replacing Chapter 11.06 to update the Emblem and provide new procedures for protecting the County’s intellectual property.

 

The CAO recommends updating the County Emblem to implement the County’s branding strategy under the leadership of the County Communications Director. The Board of Supervisors gave direction on the Emblem on February 28, 2023, and the final approved Emblem is attached to the report and will be filed with the Clerk of the Board. 

 

The CAO’s recommendation encompasses two substantive changes to the current Chapter 11.06.

First, it recommends adopting new language allowing for authorized commercial uses of the County Emblem. If approved, the CAO intends to propose a new Board Policy addressing the County’s branding strategy. Second, the CAO recommends adopting new language assigning primary responsibility for the enforcement of this Title to the CAO or its designee to align the responsibility for protecting the County’s intellectual property with staff responsible for implementing the County’s branding strategy.

 

The CAO recommends repealing and replacing Chapter 11.06 to allow for the adoption of an updated Emblem.

 

The ordinance was introduced on February 28, 2023 and is scheduled for consideration by the Board of Supervisors for adoption on March 14, 2023. 

 

OTHER AGENCY INVOLVEMENT:

County Counsel’s Office has reviewed the ordinance as to form.

 

FINANCING:

Amendment of Chapter 11.06 will not affect the County Budget because the proposed changes do not require replacement of existing County supplies and property bearing the current County Emblem.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

Repeal and replacement of Chapter 11.06 of the County Code will serve the County’s interest in

developing its branding strategy by updating the current Emblem and strengthening protections for the County’s intellectual property.

 

Mark a check to the related Board of Supervisors Strategic Initiatives

                     Economic Development

X                     Administration

                     Health & Human Services

                     Infrastructure

                     Public Safety

 

Prepared by:                     Nicholas M. Pasculli, County Communications Director

 

Reviewed by:                     Kelly L. Donlon, Assistant County Counsel

 

Approved by:                     Nicholas E. Chiulos, Assistant CAO

 

Attachments:                      Appendix I - Draft ordinance repealing and replacing Chapter 11.06

Appendix II - Revised Chapter 11.06 (Original Ordinance)

Appendix III - Current County Emblem

Appendix IV - Proposed Final County Emblem