Minutes 1949/05/18
1092
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Gilroy, California
May 18, 1949.
This regular adjourned meeting or the Common Council was called to
order by his Honor George C. Milias.
Present Counoilmen: J. H. Wentworth, Ray L. Stevens, J. B. Thomas,
Dale D. Daniels, George M. Mason and David V. Stou~.
Absent Councilmen: None.
The Mayor stated that the purpose of the meeting was to advise the
City Marshal of the findings of the Common Council as a result of
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the hearing on the J. H. Jarilison Report.
The Deputy City Clerk 'was' instructed to call the City Marshal,
A. G. Goodrich, and he was called and appeared before the Common
Council.
Resolution No. 222 was presented and read with the exception of
the last paragraph. The City Marshal was then asked that after
hearing the findings of the Common Council as set forth in the
_J Resolution he was still willing to abide by the rules and regulat-
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ions as laid down by the Common Council and to cooperate with the
Cormnon Counc il.
He answered, "I am,as I stated at our meeting before."
The last paragrahp of Resolution No. 222 nas then read.
Motion by Councilman Daniels and seconded by Councilman Thomas
that Resolution No. 222 be adopted.
RESOLUTION NO. 222
RESOLUTION NO. 222 OF THE COlTIIOl',T C01JNCIL OF THE CITY OF GILROY,
MAKING ITS FINDINGS, DECISION A1~ ORDER UPON THE ~lu~STION OF
VJHETI-IER A VACANCY SHOULD BE DECLARED TO EXIST IN THE OFFICE OF THE
C ITY M~-qSF...iiL.
','!I-IEREAS the Common Council of the City of Gilroy , with the intention
of eliminating friction and difficulty in the Police Department of the
City of Gilroy, heretofore secured the services of the J. H. Jamison
Service to make a survey of theGilroy Police Department, and said J. H.
Jamison Service did make such a sorvey, and its recomraendations there-
on were filed with the City Clerk of the City of Gilroy, and after con-
sideration said recommendations were adopted in the form of Resolution
No. 211 and Ordinance No. 466 of the City of Gilroy, and put into
effect on the first day of December, 1948, and
~~REAS the agreement with the said J. H. Jamison Service required
that it act in a su~)ervisory capac it y for a ~)eriod of three months
from and after the first day of December, 1948, in connection with the
reorganization of the Gilroy Police Department to see that the systeltlS
installed and the organization m,ght be developed int. a smoothly
working Department, and
',V:'-illHEAS the said J. H.e. Jamison Servi ce did act in said supervisory
capacity for the said')eriod of three months and did on the 7th day of
March, 1949, make. and file ',Ji th the Common Council of the City of
Gilroy its final report on the Gilroy Police Department, which report
included serious charges against A. G. Goodrich, the City Marshal of
the City of Gilroy, and stated that the inefficiency of the Gilroy
Police DeJartnent nas due to the \'lillful failure and refusal of the
City Llarshal to carry out the orders and regulat ions as issued l)y the
COI11.1TIon Council and his failure to cooperate ni th other la',1 enforcing
agencies, ,,,10 i.c h 5.s also in violation of the regulations, and
iIIEREAS the sa:Ld J. E. Janis on Service report "JaS ent irely dis inter-
ested and aade only in fulfillment of its contract, and in the course
of its regular business, and the Connon Council thereby nas in~)elled to
take action, and did, upon the f'ilinc; of said reJ01't, deternine that
the chari~Jes ac;ainst the Oi ty l<arshal shouldJe investigated and that
a 11ea1'inc; should be held thel>eon, thouch the la' required none, so that
the Oi ty : .arshal uicht have an onortunity to e lain o:c defend his
actions and
the saic1 he:Ldn.~ . :~.::.s '::'01(1 :)efo1' the Layor an(, Coullon pOc.f.~cil
of the City of Gilroy on the 2 th day of A)ril, 1949, at \lhicijl~1htl~esses V
Vlere called and evidence ]l'(;sentecl in rel'3.tion to the chal'c;es cont:dned
in the su.id Ja;lison re)ort, and the City =Iarshal test ified in his OVil1
behalf and, after ar~Ulents TIere presented by the counsel for the City
11a1's11al and t~1e City Attorney of the City of Gilroy, the Flatter l,VUS
taken under SUDI1ission by the LIayor and COI1l10n Council, and
'.!El':HEAS it appears to the COHClon Council of the C1 ty of Gilroy that
the charges contained in the said J. E. .Tanison Service report aGainst
the City lIarshal v,ereproven to iJe true at the sCJ.id hearing and by over-
1094
whelning evidenc~e and this Council believes, that the City lIarshal
did nillfully fail, refuse and neglect to preforIa the duties of his
office, and did willbllly disregard the regulations and rules as laid
dOVln in Resolut ion No. 211, and Ofdinance ITo. '166, of the City of
Gilroy and the Charter of the City and the laTIs of the State of Cali-
fornia in the conduct of the Marshal's Office, and
,- :~lEREAS. durin; the =)(~riod that the Cor:lI'10n Counci 1 has had its
decision in the matter under consideration, the City lIarshal has asked
for and been gi-ven the o:,!portunity to appear before the Council and
has so appeared and has promised the Council that if he. Dere given
the chance to continue as City lIarshal of the Oi ty of Gilroy, he would
observe the re{.2;ulat ions, the lans and ordinances appurtaining to his
office, coopera.te vlith other Ian enforcing agencies, and conduct the ...
office as it should be conducted, and it has developed at the appear-
ance of the said City Iilarshal before the Council, that at least a 1....1
portion of his difficulties in his office are traceable to his unfounded
belief that the City Council has for years been aGainst him, and the
Council believes it iD.a.y have convinced the City 11ar8hal of the truth,
nall1ely, that it has sought to cooperate wi th him in all possible ways,
and there is a yossibili ty that the' City llarshal ',lith this changed vierl
nay conduct the office in a creditable maWftBr, and
',!lE:RE~;.s while the COli1r:10n Council of the City of Gilroy realizes that
it iC is its duty to secure to the people of the City a proper and
efficient l)olice Department and that it should even go to the extent of
discharging an officer or declaring his office vacant if absolutely
necessary for the ~est interests of the peonle of this cOI~lunity, it
also believes that the Resort to such drastic measures should only be
taken Ivhen all other means have been exhausted.
no", T!mREFOim BE IT RESOLVED that the Common Council of the City of
Gilroy, finds as a fact, that the charges contained in the said J. H.
Jamison Service report are true, and that the said Ilarshal has failed
entirely to cooperate with other law enforcing agencies, to carry out
the rules, la':!s and regulations laid dorm in the City Charter and by
the City Co~non Council, and to abide with the laws of the State of Cal-
ifornia in imnortant particulars; and that the Mayor and COI1non Council
of the City of Gilroy have done everything within their power to coop-
erate with the City Llarshal. rrhey have increased his salary, they have
procured more equipment than he requested, they have provided a secre- ~
tary for his office and additional police l~rsonnel, and have at times
absorbed abuse from the City I1arshal when he has given vent to an un- ~
reasonable and uncalled for displeasure; and
BE ITFUT:TF~R RESOLVED that in spite of the facts found as aforesaid,
the Co~~on Council desires to give the City Ilarshal the chance he has
requested to show he can administer the office properly and justify the
unqualified promise he has given to the Council to abide in the future
by the laws of the State, the City Charter and the rules and regulations
established by it relating to the office, rather than to declare the
office vacant at this time, in hope that the Llarshal viill, by his con-
duct, make good his prorJ.ises and thel"eby avoid any necessity for drastic
ac t ion.
ADOPTED AND FASSED this .J..i...Y. day of tlay, 1949, by the following vote.
AYES: Councilmen: J. H. Wentvwrth, Ray L. Stevens, J. B. Thomas,
Dale D. Daniels, George H. IJason and David V. Stout..
NOES: Councilmen: None
ABSEl\]T; None~'
~ e.~
- Or,~ayor.
ATTEST: ,
/'/ ? G' /
~;( :a.'~V
Dep. City Clerk.
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Motion by Councilman Stevens, second by Councilman Daniels and car-
ried that the City enter into a contract with R. C. Stocl~n, consult-
ing engineer, concerning a survey and certain improvements to the City's
Sewage Disposal Plant submitted by him and that the Mayor be and is
hereby authorized to enter into said agreement on behalf of the City.
Adjourned subject to the
call of the chair.
Jt{j .W
Dep~ty City Clerk