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Ordinance 466 ''"'-. ,,' . ',,/ J " .# r ~. ) ,.r--'" / 9 'i /~' o R DIN A -N C E N 0 466 AN ORDINANCE PROVIDING FOR THS~ '8.EORGANIZATION OF THE POLICE DEPARTMENT OF THE CITY OF GILROY, AMENDING ARTICLES I and II OF CHAPTER II OF THE MUNICIPAL CODE, PROVIDI"m FOR ADDITIONAL PERSO~mEL IN THE POLICE D~PART1mNT AND THE EMPLOTI.ffiNT OF A RADIO OPERATOR,ESTABLISHING THE POSITION OF CAPTAIN OF POLICE, FIXING THE DUTIES OF POLICE OFFICERS, AND PROVIDING FOR THE SUSPENSION AND DISMISSAL OF POLI:~E OFH'ICERS AND HEARINGS THEREON 0 The Mayor and Common eouncil of the City of Gilroy do ordain as follows: SECTION I. Article I of Chapter II of the Municipal Code of the City of Gilroy is hereby amended to read as follows: ARTICLE I. Officers. Seco ~30. Police Departmento A Police Department for the City of Gilroy is hereby established. Sec. 131. Police Department officerso The Peace Officers of the Police Department shall consist of: (a) The City Marshal, who shall be the Chief of Police. (b) Captain of Police. (c) Traffic Officer. (d) Patrolman. (e) Radio Operator- Police Woman (f) Such other police officers as the Police Commissior deems necessary shall be appo:tnted by the Common Council by an order or resolution entared on its minutes. (g) Such special Pslice officers as the Common Council may deem necessary and appoint from time to time by order or resoluticn entired in its minuteso J. i~k ,/ J1~- f Peace officers, except special police officers shall be appointed for a term of one year. Their compensation shall be fixed by order of the Council. The term of office and compensation of special police officers shall be ,fixed by the Council at the Time of appointment by order or resolution entered in its Minutes. Such Special Officers shall be other than and in addition to Special policemen who may be a~pointed by the Marshal as provided by Section 42 of the Charter of the City of Gilroy Sec. 132. Certificate to bear official seal. The City Clerk shall make and affix his official seal to a certificate of the appointment of Police Officers, or Special Police Officers, and deliver the same to the appointeeo SECTION 2. Article II of Chapter II of the Municipal Code of the City of Gilroy is hereby amended to read as follows: iLFtTICLE II Duties of Officerso Seco 136. Police Officeo A Police Office shall be established at the office of the City Marshal, in the City Hall, in the City of Gilroy, and all books and properties belonging to the Police Department, shall be under the charge of the City Marshal. Sec. 137. Records. The City Marshal shall cause to be kept such records of his office as may be prescribed by resolution of the Common Council entered in its minutes. Said records shall be open to public inspection except in instances where such inspection may interfere with or jeopardize the apprehension of those charged with crime. Seco 138. Power of Marshal and Police Officers. The City Marshal and all Peace officers shall have power to make arrests for the violation of any City ordinance, -2... /1 () to serve all writs and other papers issued by the Police Justice in a trial or proceedings for such violations and all notices required in the enforcement of any lawful order or regulation of the Mayor and/or Common Council, to preserve order and in general have such powers as are conferred upon Municipal Police Officers by the law of the State of California, or the Federal~overnment or the Charter, and/or ordinances of the City of Gilroy Sec. 139 Ex-officio Health Inspectoro Every peace officer shall be ex-officio a Health Ins~ector. He shall aid and assist the Health Officer or other official who performs the duties of Health effieer in the City of Gilroy, in the discharge of their duties. R1flenever he shall observe any property or place to be in a dangerous condition or offensive to public health, he shall immediately make report thereon to the City Clerk who shall forthwith report the matter to the Health Officer. Sec. 140. Duties of City Marshal It shall be the dut7 of the iliarshal to enforce promptly and comply with any rules and/or regulations established by the Council relating to the Police DepartmBnt and its operation. Seco 141. Duties of Captain of Policeo The Captain of Police shall, in the absence of the City Marshal or his inability to act, be deemed the superior officer in the Police Department and at such time all other officers shall be subordinate to and under the control and direction of the Captain and all his lawful orders shall be promptly executed. Sec. 142. Co-operation With Other Law Enforcement Agencie: It shall be the duty df the City Marshal and all other members of the Police Department to co-operate to the fullest -3- ji 7 I / extent with law enforcement agencies of other towns and cities, and of Counties, state and Federal Governments. Sec. 143. Suspension and Dismissals of Police Officers. Violation by any member of the Police Department of any or the provisions of this ordinance or of any other ordinance or of any provision of the Charter or of any rule, regulation or order of the Council, appertaining to his office may be brought to the attention of the Mayor, the Police Go~~ission or the Co~mcil by the Marshal, any Police Officer or any citizen. The matter shall be referred immediately tc: the Mayor, who may, if he so desires, exercise the right ,of suspension given him by Section 37 of the City Ch~rter or it may be referred to the City Council which may suspend the accused officer. In case of suspension by either the Mayor or Council written notice thereof and the reaSWlS therefor shall be given by the City Clerk to the officer, who may within 5 days after such notice demand in writing a hearing before the Council upon the charges. If no such demand for a hearing is made the Council may proceed immediately to determine the matter and its decision shall be final. If such a hearing is demanded it shall be held within 15 days after demand therfor is made. Notice of the time and place of hearing shall be caused to be given in writing by the City Clerk to the accused officer at le~st 10 days before the Le~ring. At the hearing the officer shall be entitled to present any competent evidence in his own behalf. The Council may if it desires, refer the matter to the Police Commission for hearing in the first instance in which case the same procedul!e as to time, and notices and evidence shall be followed. The Corr~ission, if the matter is referren to it, shall submit its findings, recommendations and advices, to the Council in writing within 5 days after the hearing and within 5 days thereafter -4- ;Y' ( JCft " the City Clerk shall cause written notic2 thereof to be given to the accused officer who may within 10 days after such notice demand in vlTri ting, and not othervdse, a review of the findings, recommendations and advices of the Police Commission. The decision of the Council upon the charges of violation brought against the Police Officer shall be final. The Council may restore the officer to his office and revoke the suspensi~n, "sustain the suspension of the officer or itself suspend him, with or without loss of pay, fine him a portion of his salary, or dismiss him from the service, except where the officer 1.3 charged with a violr:tion of Section 142 of the }[unicipal Code hereinbefore set forth iG which event the penalty shall be dismissal from the service. During the time of suspension of any Police Officer the Mayor shall appoint another officer in his place until the decision of the Council on the Charges against the officer is rendered. SECTION 3. Section 145 of the Municipal Code of the City of Gilroy is hereby amended to read as follows: Sec. 145. Council Shall Prescribe Rules and Regulations. Rules and Regulations for the operation of the Police Department shall be established by the Common Council by resolution or order entered upon the minutes of the Council. SECTION~ Section 147 ~f the Minicipal Code is hereby amended to read as follows: Sec.ltt-7. Ranko The Police Officer holding the senior appointment, excluding Traffic Officers and Radio Operators, shall in the absence of the City Marshal and Captail of Police, or their inability to act, be deemed the Superior Officer in the Department, and all other officer: -5- L. /'~ ;to 4 ! '~,~ 1'17 wllether Police Offic~rs, Special Officers, or Special Police, shall be subordinate to and under the control and clirection of the superior officer, and all his lawful orders, subject to the lavlful rules and regula tions 3.no orders of the City Marshal, shall be promptly obeyedo SECTION 50 All ordinances or sections or parts of ordinances , and all amencments thereto heretofore enacted, in conflict herewith are hereby repealed. SBCTION 60 It is hereby declared thet should any section or portion of this ordinance be declared inval~fi for any reason, such invalidity shall not effect the validity of the remaining portions of this ordinanceo The Council of this City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrases or portions thereof, irrespective bf the fact that any enQ or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutionalo SECTION 7. Bffective Date. This ordinance shall take effect and be in f,ull force from and after December 1, 1948. ADOPTBD A"D FA,'~S1D this 29th day of by the following votes: November ., 1948, AYES: ?WEI : Councilmen: George M.Mason,J .H. Wentwo rth ,Ray L.Stevens, James B.Thomas,Dale D.Danielao Councilmen: None ATTE~: 0... ~ City Clerk ~ yor (2 ~ ;. .....J ABSENT: Councilmen: David V.Stout -6-