Firefighter's death prompted effort to change flag code

Tuesday, April 4th 2000, 12:00 am

By: News On 6

WASHINGTON (AP) -- Strange as it sounds, when a local hero dies and the U.S. flag on city hall is lowered to half-staff to honor them, it's almost always a violation of the Federal Flag Code governing usage and display of Old Glory.

The code, established in 1942, says only presidents and governors can order U.S. flags lowered to half-staff on public property. And only the president or Congress can change the code.

The vice mayor of Rocklin, Calif., George Magnuson, who also is a volunteer firefighter, wants the code amended so local officials can order U.S. flags lowered in tribute to firefighters, police officers and other public safety officials killed in the line of duty.

Many local officials ignore the code intentionally or out of ignorance. And though there are no criminal or civil penalties fo rviolations, Magnuson believes the "last act you do for somebody shouldn't be something that is not a legal act." "I really firmly believe that when somebody dies, helping to protect fellow citizens, that the citizenry should have the right to honor them," he said.

Magnuson learned of the code 17 years ago when he was helping with funeral arrangements for fellow volunteer firefighter Cliff Graves, who died battling a house fire. He was troubled by the code, but didn't start trying to change it until 1991, when he was elected to the City Council in Rocklin, a Sacramento suburb.

Last year, he raised the issue at a National League of Cities meeting, but got nowhere. League officials said not enough members expressed an interest in pursuing it.

Magnuson now is lobbying Congress and may be making headway. Rep. John Doolittle, R-Calif., is considering legislation or a resolution to allow local officials to lower U.S. flags to honor public safety officers, said Richard Robinson, Doolittle's spokesman.

National police and firefighter groups say no one has ever approached them about trying to change the code, but that Magnuson's idea has promise.

"I can think of no higher honor" for slain police officers, said Craig Floyd, chairman of the National Law Enforcement Officers Memorial Fund, a Washington group that commemorates officers killed in the line of duty.

George Burke, spokesman for the International Association of Fire Fighters, said amending the code to include firefighters" would be wonderful." But, he added, "it's certainly not a burning issue here."

But Michael Gormalley of the Veterans of Foreign Wars' national office in Kansas City, Mo., said there is no reason to change the code because it already calls for flying the flag at half-staff on Peace Officers Memorial Day each May 15. Gormalley recommends local officials lower a local flag or fly a black ribbon or drapery below a fully raised U.S. flag to honor local heroes.

Michael Buss of the American Legion's national office in Indianapolis says local officials who want to honor slain police and firefighters can call their governor's office and seek an official declaration to lower the flag.

Magnuson doesn't like those alternatives. Peace Officers Memorial Day doesn't cover firefighters, he said, and contacting the governor is inconvenient.

"It should be an authorized procedure," Magnuson said. "Just say, `This is OK, you don't have to worry about it."'
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On the Net: http://www.legion.org/flagcode.htm