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ITEM NO. 4a |
TOWN OF PRESCOTT VALLEY
STAFF REPORT
STAFF REPORT
DATE: 08/06/2026
TO: Mayor & Town Council
THROUGH: Gilbert Davidson, Town Manager
FROM: Ivan Legler, Town Attorney
DEPARTMENT: Legal
AGENDA TYPE: New Business
SUBJECT: Resolution No. 2026-2459, Policy Regarding Use of Town Marks (Logo and Seal) - Consideration & Possible Action (Authorize Signature) [Ivan Legler, Town Attorney]
TO: Mayor & Town Council
THROUGH: Gilbert Davidson, Town Manager
FROM: Ivan Legler, Town Attorney
DEPARTMENT: Legal
AGENDA TYPE: New Business
SUBJECT: Resolution No. 2026-2459, Policy Regarding Use of Town Marks (Logo and Seal) - Consideration & Possible Action (Authorize Signature) [Ivan Legler, Town Attorney]
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SUMMARY/BACKGROUND:
Article XXII, Section 10 of the Arizona Constitution provides for adoption of a “seal” by each municipality in the state. Prescott Valley was incorporated as a municipality (Town) by order of the Yavapai County Board of Supervisors on August 28, 1978. It adopted a seal shortly thereafter. Town Code 3-02-020(A)(9) assigns the Town Clerk to be the custodian of the seal (to affix to all ordinances, contracts, agreements, and other official documents attested to by the Clerk).
Early in its history, the Town developed a non-professional logo it used on letterhead and for other official purposes. In May 1995, the Town acquired rights from an artist who created a new, professional logo. It was used extensively for multiple uses.
In late 2021, the Town began the process of updating its professional Town logo. After considerable work with a new artist (and considerable public outreach), the Town Council adopted the new logo by Resolution No. 2022-2242 (March 24, 2022). Said Resolution authorized staff to register the logo for exclusive Town use. On June 23, 2022, the Council adopted Resolution No. 2022-2261 incorporating the new logo into a new official seal. And, on June 27, 2022, the Town trademarked the new logo with the Arizona Secretary of State (Registration No. 9284133).
Early this year, Town staff began receiving complaints about various uses of the Town logo in private social media posts (particularly posts involving discussion of Town issues). In some cases, it was argued in response that the use was incidental (and, therefore, protected under the 1st Amendment). Because the Town had no written policy to help delineate true incidental use of the logo, staff began a review of policies adopted by other communities. Staff also acquired the services of a trademark attorney to assist in determining the appropriate subjects to cover in any such policy (and to otherwise help ensure the trademark would not be diluted by unauthorized private use).
It is now proposed that the Town Council consider formal adoption of the attached draft Administrative Policy 1-12 “Use of Town Marks” as an additional step to protect the Town seal and logo from unauthorized use (and thereby prevent fraud, deception, misrepresentation, and/or abuse). Attorney Brooke Katz from the firm of Denton Peterson Dunn will be available online to answer any questions about the purpose and intent of the various provisions in the draft Policy.
Council input is sought re the draft Policy. If the Policy as discussed ultimately appears to be appropriate for adoption, Resolution No. 2026-2459 has been prepared for that purpose.
Early in its history, the Town developed a non-professional logo it used on letterhead and for other official purposes. In May 1995, the Town acquired rights from an artist who created a new, professional logo. It was used extensively for multiple uses.
In late 2021, the Town began the process of updating its professional Town logo. After considerable work with a new artist (and considerable public outreach), the Town Council adopted the new logo by Resolution No. 2022-2242 (March 24, 2022). Said Resolution authorized staff to register the logo for exclusive Town use. On June 23, 2022, the Council adopted Resolution No. 2022-2261 incorporating the new logo into a new official seal. And, on June 27, 2022, the Town trademarked the new logo with the Arizona Secretary of State (Registration No. 9284133).
Early this year, Town staff began receiving complaints about various uses of the Town logo in private social media posts (particularly posts involving discussion of Town issues). In some cases, it was argued in response that the use was incidental (and, therefore, protected under the 1st Amendment). Because the Town had no written policy to help delineate true incidental use of the logo, staff began a review of policies adopted by other communities. Staff also acquired the services of a trademark attorney to assist in determining the appropriate subjects to cover in any such policy (and to otherwise help ensure the trademark would not be diluted by unauthorized private use).
It is now proposed that the Town Council consider formal adoption of the attached draft Administrative Policy 1-12 “Use of Town Marks” as an additional step to protect the Town seal and logo from unauthorized use (and thereby prevent fraud, deception, misrepresentation, and/or abuse). Attorney Brooke Katz from the firm of Denton Peterson Dunn will be available online to answer any questions about the purpose and intent of the various provisions in the draft Policy.
Council input is sought re the draft Policy. If the Policy as discussed ultimately appears to be appropriate for adoption, Resolution No. 2026-2459 has been prepared for that purpose.
RECOMMENDED MOTION:
Motion to authorize signature of Resolution No. 2026-2459 adopting Administrative Policy No. 1-12 “Use of Town Marks” as part of the Prescott Valley Policy and Procedures Manual. VOTE.
STAFF RECOMMENDATION:
Town staff recommends consideration and adoption of Policy No. 1-12 “Use of Town Marks” by Resolution No. 2026-2459.
FISCAL ANALYSIS:
It is understood that a well-designed and administered seal and logo can have considerable positive impact on all aspects of a municipal corporation (including branding of governmental and proprietary activities). In turn, this can have an impact on things like tourism and other aspects related to public revenue and finance. Avoiding any dilution of the Prescott Valley Town Marks is, therefore, worth the time, effort, and cost required.