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
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Dep. City Clerk.