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Resolution 211 2. As provided in the Chaeter, the Mayor is the head of 1. Al:J. regulations orders and suggestions I:lade by the Layor and/or COTIhllon CouJ:}cil concerning law enfo rcement shall be issued to and through the City Marshal. ORGANIZATION AND BE IT ALSO RESOLVED that the following be and the same are hereby adopted as rules, regulations and orders apper- taining to and governing the Police Department of the City of Gilroy, its operat ion and personnel: NO'S, THEREFORE, BE IT RESOLVED, ~hat the said report and recommendations of said J.H.JMHSON SERVICE as submitted, be and the sam.e are hereby approved and adopted and put into ope rat ion except as herein otherwise expressly provided; ~EEREAS the Mayor and Comrnon Council of the said City of Gilroy after consideringtthe said report and reco:ffilendations have enacted into Ordinance No.466 of the Ci ty 0 f Gilroy, certain of the recornro.endat ions and sugge st ions contained in sa id re port and desire to adopt by resolution such of the other recornraendations and suggestions in the report as it approves; TI~REAS the Mayor and Cormnon Council o~ the City of Gilroy, have heretofore secured the servi ces of J.H. J,AUISON SERVICE to make an investigation of the operation of the Police Department of the City of Gilroy and to make rec anrn.endations and suggestions relating to the reorganizing of the said Police Department and formulate rules and regulations for the governing thereof, and the said J.B.JMAISON SERVICE has made its report and recmmnendationx,and APPROVING REPORT ,AND RECQl\'!HANDATIONS OF J.H.JlllIISON SERVICE RELATI1\U TO THE REORGANIZING OF POLICE DEPARTLIEl\'T OF T BE CITY OF GILROY,ESTABLISHING RULES Aim I1EGULA,TIONS BOH THE OPERAT ION THEREOF AND FIXIID TEIE CmJPENSATION OF POLICE DEPARTMENT PERSONNEL. , ., RESOLUTION NO. 211 -l 1045 the Police, b]rt the City Marshal is the operating head or the Chief of Police and shall be consulted on all matters relating to law enforcement in the City of Gilroy. 3. The City I:larshal shall implicitly obey all lawful rulings, orders or suggest ions from the Poli ce Commiss ion, the City Council and of the Llayor; that tho se rulings, orders or suggest ions effect ing other members of the police department be promptly relayed to them by the I.1arshal. 4. The members of the police department shall be assigned their duties by the City IJarshal and by no one else, and all his lawful ardere~ shall be promptly obeyed. ...~". I I I ........ 5. The members of the Police Department shall work in shifts as follovvs: The Marshal and one officer shall be on duty from 8 AiM. to 5 P.M:.; the second shift for L wo officers begins at 5 P.M. and ends at 2 A.M.; the third shift of two officers shall begin at 11 P.M. and end at 8 A.M. The overlapping of the second and third shifts from 11 P.M. to 2 A.M. covers that ~riod of night when there is the ~reat- est danger of brawls and law violation. The shifts as outlined, vover a nine-hour pa riod, one hour being allowed for meals. Each officer shall have one day off per week which is to be arranged within the department by agreement of the personnel. Each officer shall likewise have at least one Sunday off each month. If the mernb ers of the department are unable to agree wlong themselves as to the days that they are to have off, the MSEshal shall designate said days and his order in that regard shall be followed. 6. That in the ffinployment, or dismissal or promotion of ~olice personnel, due considerat ion shall be given by the Police Comuission and Council to the recornmendations by the City Ilarshal, it being under- stood, however, that the Council cannot legally delegate the authority granted by the Charter to employ and discharge members 0 f the depart- ment. ' ,.... RUIJ~S AND, REGULA'l'IONS AE3 TO PERSONNEL iIIr.orJ A. CITY MARSHAL The Marshal shall be considered the Chief of P~lice. As such he is responsible for the enforcement 0 f the rules and regulations and for the efficient functioning odt the dep artment. B. CAPTAIN OF POLICE The Captain of Police is second in corillUand and, during the absence of the Marshal or on the Marshal's day off, is responsible for the efficient functioning of the department. C. OFFICERS' OBLIGATIONS Although each officer will have a regular tour of duty,it is the obligation of Police Officers, at all times of the day or night, within the boundaries of the City of Gilroy,to preserve the public peace,arrest offenders,protect the rights of persons and property, preserve order, and generally, enforce and obey to the best of their ability all ordinances of t.1J.e City of Gilroy and all laws of the State of California and of the Federal Government pertaining to crime. D. OFFICERS DUTIES. ~ , I ~ Every officer shall: ( 1) ( 2) (3) (4) (5 ) (6) strictly obey and promptly execute the lawful orders of his superior officers; be respectful to his superiors on all occasions whether on of off duty; be neatly dressed and clean shaven when on duty; report promptly on the scheduled hour starting his tour of duty; not sleep on duty; notify the Marshal or the Captain of Police at least five hours prior to the beginning of his tour of duty, if he is unable to report for duty at the appointed time due to illness or other cause beyond h~s control; 1046 (7) not use City-owned automobile or motorcycle e~cept in line of duty; (8) not drink intoxicating liquor while on duty; (9) report any grievance concerning his salary,hours, or working c ond:i, tions to the Marshal and, if such grievance is no t settled by t he Marshal to his sat isfaction, officer may then present his grievance to the Mayor who will ppesent it to the Police Commission; (lO)be on call at all times except on his day off; (11) notify Marshal, except on his day off, if he plans to be out of the City; (12)diligently,consistently and continually patrol every part of the beat assigned to him until the expiration of his tour of duty. .. 1 ..... E. UNIFORMS. All members of the Police Department shall be required to wear standard police uniforms while on duty. The City of Gilroy will appropriate $50.00 towards the cost 0 f a uniform for each new employee O':ff.i't1'1eedepartment and for Bach present employee for the replacement of old or the purchase of new unifor.ms. The uniform shall be readily distinguished frrnl those worn by deputy sheriffs and Highways patrolmen. The color of the uniform shall be dark blue. F. VIOLATIONS AND DISCPLINARY ACTION. The following offenses are considered of sufficient gravity to cause disciplinary action to be taken: ( 1) Violation of any of the rules and regulations set forth herein or included in any ordinance,order or resolution on the Cou~cil or in the City Charter. Drunkeness, either on or off duty. Insubord ination. Dishonesty. Untruthfulness. Any other offense which destroys the officers' value as law enforcement officer; which brings opprobrium on the department or the City of Gilroy;or which destroys the confidence of his superiors in himx as a police officer. ..... (2 ) (3) (4 ) (5 ) (6 ) ... COMMUNI CAT IONS. The City of Gilroy shall contJilnue its plan of cooperat ion with the Sheriff's Office in the matter of radio cownunication;a microphone shall be set up in the Police Department and operated by the City radio operator for reception and broadcast of messages during the hours of 8 A.M. to 5 P.M.,Monday through Saturday, and all other hours the Sheriff will assume the responsibility for manning the other microphone located in his substation. The ~adio operator shall be a woman, if possible to secure one, who shall also perform the duties of Police ~oman and she shall be experienced in the technique of police radio broadcasting,be familiar with police routine and records and be able to t~~e and file correctly such records as may be required. RECORDS The following recorUs shall be kept in and by the Police Department: ., Records of complaints, arrests ,of:tenses ,disposition of cases,a daily report,fingerprints,and alphabetical indexes of __ prisoners and crL~es comraitted until otherwise ordered by the Council. Forms supplied by the J.ll.Jrnlison Service designated as Complaint Report,Form No.1, Daily Report, Form No.2 and Arrest Record,Form No.3, shall be obtained and the infonuation and data therein re- quired secured and inserted in the records. The forms shall be sub- stantially completed Dhenever possible. Each pr~soner, regardless of the gravity of his ofiBnse shall be ~ingerprinted, one copy of which should be mailed to the State Bureau of Identification in Sacramento and 0 ne to the Federal Bureau of Investigation in Washington,D.C. . The Police Department is to do everything reasonably pqssible to cooperate with all law enforcement aeencies whether on a national,state or local level. 1047 All copies of teletype reports received from the Sheriff's office shall be posted in the Police Department so that each officer coming on duty can acquaint himself with the contents. A list of st olen automobiles shall be compiled by the radio operator from. the teletype reports and each officer shall carry such list while on duty. S.AL1\RIES A. I\Tffi,IB:B:R OF OFFICERS AHD SALARIES 1. City };Iarshal, the amount now fixed' by act ion 0 f the said Council. 2. Captain of Police, $290.00 per month. 3. rhere shall be four ~atrolmen; the salaries of each, ~260.00 per month. 4. Traffic Officer, ~~270.00 per month,. 5. Radio Operator and Police ','loman, ~225.00 per month. B. PROR~TION~~~Y PERIOD. All poli ce officers below the rank 0 f Captain 0 f Police shall be required to serve six-months probationary period at a,salary of $240.00 per rr.onth, if employed as partolman, and ~250.00 if employed as traffic officer. COL'IPAAINTS AIm GlUEV ANCES WITHIN DEl? fu'1TI/lENT. All cOLlplaints and grievances of members of the Police Force shall be first made to and discussed with the City Marshal who shall make all reasonable efforts to obtain a satisfactory solution; of the L1arshal is unable to obtain a satisfactory solution, then such complaint or grievance may be presented to the Mayor who shall present the matter to the entire City Council. ,sitting as the Police Conmission; the Mayor s hall under the se circumstances endeavor to settle the Complaints ar grievances personally; the decision of the Police COI11.'1lission shall be final on all complaints and frievances unless appealed to the Council within 10 days after notice of the decision of the Police COmTIlission is given the com- plainant. The rules and regulat ions herein set forth and the directions herein containe,shall have the force of ordered issued by the Mayor and Comrilon Council of the City of Gilroy, a copy of this res olution shall be kept posted in the office 0 f the Police Depal1'i:ment in at conspicuous place and the members of the Police Department shall familiarize themselves with all the rules,regulations,directions and orders herein set forth. ADOPTED AND PASSED this 29th day of November,1948, by the following votes: AYES: Councilmen George M.Mason,.J.H. Wentworth,Ray L.Stevens, James B.Thomas,Dale D.Daniels. NOES: Councilmen None ABSENT: Councilmen David V.Stout. '/ rL__ (.'1'-..~-!.. . /,') (/. ?)')~ ~ Mayor. A.TTEST: G.G-.~ C1 ty Clerk. t.