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Resolution 222 RESOLUTION NO. 222 RESOLUTION NO. 222 OF TEE CO!vlMON COUNCIL OF THE CITY OF GILROY, MAKING ITS FINDINGS, DECISION AND ORDER UPON TEE G~UESTION OF WHETEER A VACANCY SHOULD BE DECLARED TO EXIST IN THE OFFICE OF THE CITY MARSHAL. ~~REAS the COmTIIOn 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 8ervice to make a survey of theGilroy Police Department, and said J. H. Jamison Service did make such a servey, and its recommendations 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 VmEREAS the agreement with the said J. H. Jamison Service required that it act in a supervisory capacity for a period of three months from and after the first day of December, 1948, in connection with the reorganization of the Gilroy Pol;ce Department to see that the systems installed and the organization m,ght be developed int. a smoothly TIorking Department, and 'NIIEREAS the said J. H... Jamison Servi ce did act in said supervisory capacity for the said lJe:riod of three months and did on the 7th day of March, 1949, mak4 and file with 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 DeDartment '\7as due to the willful failure and refusal of the City I[.arshal to carry out the orders and regulations as issued by the Cornman Council and his failure to cooperate VIi th other lavl enforcing agencies, ~hich is also in violation of the regulations, and ";11EREAS tl1e said J. H. Jamison Service report was entirely disinter- ested and made only in fulfillment of its contract, and in the course of its regular bus iness, and the Cornuon Council thereby Vias impelled to take action, and did, upon the :filing of said re)ort, deternine that the charges against th~ City Marshal should be investigated and that a hearing should be held thereon, thOUGh the 1 a".'! required :none, so that the City :Iarshal mic;ht have an opportunity to explain or defend his actions, and T~r-{EAS the said he;-ll'ing ":as lleldLJefor the Layor and Corm:non pOdf~cil of the City of Gilroy on the 27th day of A}Jril, 1949, at whic1Jl~t'Vi t~esses V' were called and evidence presented in relation to the chal~Ges contained in the said Jamison report, and the City Marshal testified in his oVln behalf and, after arguments TIere presented by the counsel for the City Marshal and the City Attorney of the City of Gilroy, the matter was taken under submission by the Mayor and Co~nuon Council, and VmEREAS it appears to the Conr!1on COlnlCil of the City of Gilroy that the charges contained in the said J. H. JanisonServi1.ce report ae;ainst the City lilarshal were :?roven to be true at the sa id hearing and by over- 1094 wb.e1l1ing evidenJe and this Council believos, that the City 1'Iarshal did vlillfully fail, refuse and neclect to prefOI'I,l the duties of his office, and did willfully disregard the regulations and rules as laid down in Re solut ion No. 2ll, and Ofdinance ITo. <',,66, of the City of Gilroy and the Charter of the City and the la~s of the State of Cali- fornia in the conduct of the Marshal's Office, and "~~illREAS during the 2Jcriod that the Connon Counei 1 has had its decision in the matter under consideration, the City IIarshal has asked for and been given 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 IIarshal of the Ci ty of Gilroy, he would observe the rec;ulations, the lavls and ordinances a'c)purtaininc to his office, cooperate TIith other law enforcing agencies, and conduct the office as it should be conducted, and it has developed at the anpear- ance of the said City Ii[arshal before the Council, that at least' a 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 may have convinced the City Llarshal of the truth, na~ely, that it has sought to cooperate with hirn in all possible ways, and there is a possibility that the' City IIarshal ',ii th this chanGed vierl nay conduct the office in a creditable maWftSr, and ',;:m::REAS while the COlmIIOn Council of the City of Gilroy realizos that it ~ is its duty to secure to the people of the City a proper and efficient l)olice Department and that it shbl11d 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 cor~lunity, it also believes that the lesort to such drastic measures should only be taken '\vhen all other means have been exhausted. HO", TTmREFOHE 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 Uarshal has failed entirely to cooperate with other law enforcing agencies, to carry out the rules, lavls and regulations laid down in the City Charter and by the City Co~non Council, and to abide with the laws of the State of Cal- ifornia in important particulars; and that the Uayor and ConLlon 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 Uarshal when he has given vent to an un- reasonable and uncalled for displeasure; and BE ITFURT}~R RESOLVED that in spite of the facts found as aforesaid, the Common Council desires to give the City Tmrshal 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 laTIs 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 'will, by his con- duct, nmke good his promises and the~eby avoid any necessity for drastic act ion. ADOPTED ANTI I)ASSED this ..Li..:Y- day of Hay, 1949, by the following vote. ATBS: Councilmen: J. H. Wentworth, Ray L. Stevens, J. B. Thomas, Dale D. Daniels, George H. lIason and David Y. Stout,. NOES: Counci~1en: None ABSE:NT; None ,: !z. @. ~ - Or~laYOr. ATTEST: i ~~(J / t/ . ,', · ~ ' ~t.- Dep. City Clerk.