Resolution 1319
1319
RESOLUTION NO.
RESOLUTION OF THE CITY OF GILROY ADOPTING PROCEDURES FOR
EMPLOYER AND EMPLOYEE RELATIONS AND FOR RESOLVING DISPUTES
REGARDING WAGES, HOURS, AND CONDITIONS OF EMPLOYMENT.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY that the following
definitions and procedures shall apply In the CIty of Gilroy:
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OUTLINE OF CONTENTS
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTI ON 11.
TITLE OF RESOLUTION
STATEMENT OF PURPOSE
DEFINITIONS
EMPLOYEE RIGHTS
CITY RIGHTS
MEET AND CONFER IN GOOD FAITH -- SCOPE
CONSULTATION IN GOOD FAITH -- SCOPE
ADVANCE NOTICE
PETITION FOR RECOGNITION
APPROPRIATE UNIT
SECTION 12.
RECOGNITION OF EMPLOYEE ORGANIZATION AS MAJORITY
REPRESENTATIVE.. FORMAL RECOGNITION
DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS
OFF I CER
RESOLUTION OF IMPASSES
GRIEVANCES
MEMORANDUM OF UNDERSTANDING
CONSTRUCTION
SEPARABILITY
SECTI ON 13.
SECTION 14.
SECTION 15.
SECTION 16.
SECTION 17.
SECTION 1. TITLE OF RESOLUTION
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This Resolution shall be known as the Employer-Employee Relations Reso-
lution of the City of Gilroy.
SECTION 2. STATEMENT OF PURPOSE
The purpose of this Resolution is to Implement Chapter 10, Division 4,
Title I of the Government Code of the State of CalifornIa (Sections 3500, et seq)
captioned IIpublic Employee Organizatlonslt, by providIng orderly procedures for
the administratIon of employer-employee relations between the CIty and Its
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employee organizations and for resolving disputes regarding wages, hours, and
other terms and conditions of employment.
SECTION 3. DEFINITIONS
As used in this Resolution, the following terms shall have the meanings
Indicated:
(A) APPROPRIATE UNIT -- means a unit established pursuant to Section 10
of this Resolution.
(8) CITY -- means the City of Gilroy, a municipal corporation, and where
appropriate herein, "City" refers to the CI ty Council, the governing
body of said City, or any duiy authorized management employee as
herein defined.
(C) CONSULT OR CONSULTATION IN GOOD FAITH -- means to communicate verb-
ally or in writing for the purpose of presenting and obtaIning views
or advisIng of Intended actions.
(D) EMPLOYEE -- means any person regularly employed by the City except
those persons elected by popular vote.
(E) EMPLOYEE, CONFIDENTIAL -- means an employee who Is privy to decisions
of City management affecting employer-employee relations, including
but not limited to the secretaries of the CIty Administrator and
Personnel Director.
(F) EMPLOYEE, MANAGEMENT -- means any employee havIng significant respon-
sibilities for fonmulatlng and administering City policies and pro-
grams, Including but not limited to the chief executive officer,
department heads, and first line supervisors responsible for ten (10)
or more employees.
(G) EMPLOYEE, PROFESSIONAL -- means employees engaged In work requiring
specialized knowledge and skills attained through completion of a
recognized course of Instruction. Including, but not limited to,
attorneys, physicians, registered nurses, engineers, architects,
teachers, and various types of physical, chemical and biological
sc I en tis ts.
(H) EMPLOYEE, SUPERVISORY -- means any employee, having authority to
exercise independent Judgment to hire, transfer, suspend, lay-off,
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recall, promote, discharge, assign, reward, or discipline other
employees, or having the responsibility to direct them, or to adjust
their grievances, or effectively to recommend such action If in
connection with the foregoing, the exercise of such authority Is not
of a merely routine or clerical nature, but requires the use of in-
dependen t j udgmen t.
(I) EMPLOYEE ORGANIZATION -- means any organization which Includes em-
ployees of the City and which has as one of Its primary purposes
representing such employees in their employment relations with the
City.
(J) EMPLOYER-EMPLOYEE RELATIONS -- means the relationship between the
City and its employees and their employee organization, or when used
in a general sense, the relationship between City management and em-
ployees or employee organizations.
(K) GRIEVANCE -- as this term is defined in Section ~
(L) IMPASSE -- means (1) a deadlock in the annual (or periodic) discus-
sions between a majority representative and the City over any matters
concerning which they are required to meet and confer In good faith,
or over the scope of such subject matter; or (2) any unresolved
complaint by an affected employee organization, advanced in good
faith, concerning a decision of the Municipal Employee Relations
Officer made pursuant to Sections 9, 10, or 11 of this Resolution.
(M) MAJORITY REPRESENTATIVE -- means an employee organization, or its
duly authorized representative, that has been granted formal recog-
nition by the Municipal Employee Relations Officer as representing
the majority of employees in an appropriate unit.
(N) MEDIATION OR CONCILIATION -- means the efforts of an Impartial third
person, or persons, functioning as intermediaries, to assist the
parties in reaching a voluntary resolution to an impasse, through
Interpretation, suggestion, and advice. Mediation and conciliation
are interchangeable terms.
(0) MEET AND CONFER IN GOOD FAITH (sometimes referred to herein as "meet
and confer" or "meeting and conferring") -- means performance by
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duly authorized City representatives and duly authorized representa-
tives of an employee organization recognized as the majority repre-
sentative of their mutual obligation to meet at reasonable times and
to confer in good faith regarding matters within the scope of repre-
sentation including wages, hours, and other terms and conditions of
employment, in an effort to: (1) reach agreement on those matters
within the authority of such representatives and (2) reach agree-
ment on what will be recommended to the City Council on those matters
within the decision making authority of the City Council. This does
not require either party to agree to a proposal or to make a conces-
sion.
(P) MUNICIPAL EMPLOYEE RELATIONS OFFICER -- means the City's principal
representative In all matters of employer-employee relations desig-
nated pursuant to Section 12, or his duly authorized representative.
(Q) RESOLUTION -- means, unless the context indicates otherwise, the
Employer-Employee Relations Resolution of the City of Gilroy.
(R) PEACE OFFICER -- as this term is defined In Section 817. Callfor-nJa
Penal Code.
(S) RECOGNIZED EMPLOYEE ORGANIZATIONS -- means an employee organization
which has been acknowledged by the Municipal Employee Relations
Officer as an employee organization that represents employees of the
City. The rights accompanying recognition are either:
(1) Formal Recognition -- which Is the right to meet and confer in
good faith as the majority representative in an appropriate
un it; or
(2) Informal Recognition -- which Is the right to consultation in
good faith by all recognized employee organizations.
(T) SCOPE OF REPRESENTATION -- means all matters relating to employment
conditions and employer-employee relations, Including, but not limited
to, wages, hours, and other terms and conditions of employment.
SECT! ON 4. EMPLOYEE RIGHTS ;:
Employees of the City stlall have the right to form, join and participate
In the activities of employee or~anization6 of their own choosing for the purpose
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of representation on all matters of employer-employee relations including but
not limited to wages, hours, and other terms and conditions of employment. Em-
ployees of the City also shall have the right to refuse to join or particIpate
in the actlvlttes of employee organizations and shall have the right to represent
themselves Individually in their employment relations with the City. No employee
shall be Interfered with, Intimidated, restrained, coerced" or df8crlmlnated
against because of his exercise of these rights.
SECTION 5. CITY RIGHTS
The rights of the City Include, but are not limited to, the exclusive
right to determine the mission of Its constituent departments, commissions, and
boards; set standards of service; determine the procedures and standards of
selection for employment and promotion; direct its employees; take disciplinary
action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; deter-
mine the methods, means and personnel by which government operations are to be
conducted; determine the content of job classifications; take all necessary
actions to carry out Its mission in emergencies; and exercise complete control
and discretion oyer its organization and the technology of performing Its work.
SECTION 6. MEET AND CONFER IN GOOD FAITH -- SCOPE
(A) The City, through Its representatives, shall meet and confer in good
faith with representatives of formally recognized employee organiza-
tions with majority representation rights regarding matters within
the scope of representation Including wages, hours, and other terms
and conditions of employment within the appropriate unit.
(8) The City shall not be required to meet and confer In good faith on any
subject pre-empted by Federal or State law or by the CIty Charter,
nor shall it be required to meet and confer In good faith on the
definition of Employee or City Rights In SectIons 4 and 5. Proposed
amendments to this Resolution are excluded from the scope of meetings
and conferring.
(C) The requirement to meet and confer In good faith Imposes the follow-
Ing obligations upon the City and formally recognized employee organ-
Ization with majority representation rights:
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(1) To approach discussions on matters within the scope of represen-
tation with an open mind and to make a sincere effort to reach
agreement on all such matters.
(2) To be represented by duly authorized spokesmen prepared to dis-
cuss all matters within the scope of representation, and to
consult with professional counsel.
(3) Consistent with the operating needs of the City, to give a
reasonable number of employee representatives of recognized
employee organizations reasonable time off without loss of
compensation to discuss with City representatives matters within
the scope of representation (Government Code Section 3505.3).
(4) To furnish to the other party, upon request, non-confidential
data normally maintained In the regular course of business,
reasonably available and necessary for full and proper discus-
sion and understanding of subjects within the scope of repre$eo-
tatlon.
(5) With respect to all agreed upon matters, to jointly prepare a
non-bInding written memorandum of understanding setting forth
all agreed upon matters for submission to the City Council.
(Government Code Section 3505.1).
(6) To take all steps reasonably necessary to Implement those pro-
visions of a written memorandum of understanding which have been
approved by the City Council.
(0) Procedure on Meeting and Conferring shall be as follows:
(1) The City Council shall appoint a team of three (3) employer
representatives to meet and confer with the employee organiza-
tion. This team sh"all be cotllpo&ed of two (2) representati-ves
from the City's Personnel Commission and one (1) from the City
AdmInistrator's office.
(2) Each employee organization shall elect at large three (3) repre-
sentatives to meet and confer.
(3) Any meeting and conferring session may be adjourned and con-
tinued to a future time when either team of representatives (em-
ployer or employee) believes it Is necessary to review any partl-
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cular matter under discussion with the group they represent.
(4) When the meeting and conferring process is concluded between
the City and the formally recognized organization, a written
memorandum of understanding shall be prepared. This memorandum
of understanding shall then be returned to the respective em~
ployee organizations for review and approval, With the popular
approval of the organization's membership, the memorandum shall
be signed by the organization's officers and returned to the
Municipal Employee Relations Officer.
(5) The Municipal Employee Relations Officer shall then submit the
Memorandum of Understanding to the earliest meeting of the City's
Personnel Commission.
(6) The Personnel Commission shall review the Memorandum and make
their separate written recommendations thereon to the City
Counc i 1.
(7) The Memorandum and the Personnel Commission's recommendations
shall be submitted to the next earliest City Council meeting
for that body's determination.
SECTION 7. CONSULTATION;N GOOD FAITH -- SCOPE
All matters affecting employer-employee relations, including those that
are not subject to m3eting and conferring, are subject to consultation. The City,
through Its rep.esentatives, shall consult In good faith with representatives of
all recognized employee organizations on employer-employee relations matters
which ~ffect them.
SECT! ON 8. ADVANCE NOT! CE
Reasonable written notice shall be given to each recognized ~mployee
organization affected of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation proposed to be adopted
by the City Councilor by any board or commission of the City, and each shall be
, given the opportunity to meet with such body prior to adoption. Two weeks or
more shall constitute reasonable time, unless this provision is waived In writing
I by the duly authorized efficers of the recognIzed empldyee organization.
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SECTION 9. PETITION FOR RECOGNITION
There are two levels of employee organization recognition - formal and
Informal. The recognition requIrements of each are set forth below.
(A) FORMAL RECOGNITION -- THE RIGHT TO MEET AND CONFER IN GOOD FAITH AS
MAJORITY REPRESENTATIVE: An employee organization that seeks formal recog-
nition for purposes of meeting and conferring In good faith as the major-
Ity representative of employees In an appropriate unit shall file a peti-
tion with the Municipal Employee RelatIons Officer containing the follow-
Ing Information and documentatIon:
(1) Name and address of the employee organization.
(2) Names and titles of its officer.
(3) Names of employee organization representatives who are authorized
to speak on behalf of Its members.
(4) A statement that the employee organization has, as one of its
primary purposes, representing employees In their emplo~ent
relations with the City.
(5) A statement whether the employee organization Is a chapter or
local of, or affiliated directly or Indirectly in any manner
with, a regional or state, or national or International organI-
zation, and, If so, the name and address of each such regional,
state or International organizatIon.
(6) CertIfied copies of the employee organization's constitution and
by-laws.
(7) A designation of those persons, not exceeding two in number, and
their addresses, to whom notice sent by regular United States
mall will be deemed sufficient notice on the employee organlze-
tlon for any purpose.
(8) A statement that the employee organization recognizes that the
provisions of Section 923 of the Labor Code are not applicable
to CI ty employees.
(9) A statement that the employee organization has no restriction on
membership based on race, color, creed, sex, or national origin.
(10) The Job classifications or titles of employees In the unit
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claimed to be appropriate and the approximate number of member
employees therein.
(11) A statement that the employee organization has in Its possession
written proof, dated within six months of the date upon which
the petition is filed, to establish that employees in the unit
claimed to be appropriate have designated the employee organiza-
tion to represent them in their employment relations with the
City. Such written proof shall be submitted for confirmation to
the Municipal Employee Relations Officer or to a mutually agreed
upon disinterested third party.
(12) A request that the Municipal Employee Relations Officer recognize
the employee organization as the majority representative of the
employees in the unit claimed to be appropriate for the purpose
of meeting and conferring in good faith on all matters within the
scope of representation.
(B) INFORMAL RECOGNITION - THE RIGHT TO CONSULT IN GOOD FAITH: An e~
ployee organization that seeks recognition for purposes of consulta-
tion in good faith shall file a petition with the Municipal Employee
Relations Officer containing the following information and documenta-
tion:
(1) All of the information emmer'sted In..(Al.(l) through (9), of
this Section inclusive.
(2) A statement that the employee organization has in its possession
written proof, dated within six months of the date upon which
the petition is filed, to establIsh that employees have desig-
nated the employee organization to represent them in their em-
ployment relations with the City. Such written proof shall be
submitted for confirmation to the Municipal Employee Relations
Officer or to a mutually agreed upon disinterested third party.
(3) A request that the Municipal Employee Relations Officer recog-
nize the employee organization for the purpose of consultation
in good faith.
(C) The petition, including all accompanying documents, shall be verified,
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under oath. by the ExecutIve Officer and Secretary of the organiza-
tion that'the.$tatements are true. All changes In such Information
shall be filed forthwith in like manner.
(0) The Municipal Employee Relations Offtcer shall grant recognition, In
writing. to all employee organizations who have cbmplled with Section
9 (A) or (B) and (C)~ for purposes of consultation In good faIth for
its members. Employee organizations seeking formal recognition as
majority representative must, In addition, satisfy the requirements
of Section It (A) (I) below. No employee may be represented by mqre
than one recogntzed employee organlzatton for the purposes of t~ls
Resolution.
SECTION 10. APPROPRIATE UNIT
(A) The Municipal Employee RelatIons Officer, after reviewing the petition
filed by an employee organ rut Ion seeking formal rec()gnt tion as maJor-
ity representative, shall determine whether the proposed unit Is ~n
appropriate unIt. The principal criterion In making this detennfna-
tlon Is whether there Is a communltx of Interest among su~ employees.
The following factors, among others, are to be considered in making'
such determination:
(1) Which unit will assure employees the fulles~ fre~dom In ,the
exercise of rights se~ forth under thi~ Resolutlon4
(2) The history of employee relatlonli: 0) in the unit; (if) among
other employees of the City; and ('II) In _tmllar publIc employ-
mente
(3) The effect of ~~e unit on tPe efflcJent operation of the City
and sound employer-employee relations.
(4) The extent to which employees have common skills, working condi-
tions, job duties or similar educational requirements.
(5) The effect on the existing classification structure of dividing
a single classification among two or more units.
Provided. however, no unit shall be established solely on the basis of the
extent to which employees In the proposed unit have organized.
(B) In the establishment of appropriate units (1) professional employees
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shall not be denied the right to be represented separately from non-
professional employees; and (2) Supervisory, management or confiden-
tial employees shall not be included in the same unit with non-super-
visory, non-management or non-confidential employees for purposes
of meeting and conferring, nor may they represent such employees
on matters within the scope of representation.
(C) Peace Officers may form, join, participate in, and be represented by
employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations as pro-
vided by this Resolution, provided such employee organizations: (i)
are composed solely of such peace officers, and (ii) concern them-
selves solely and exclusively with the wages, hours, working condi-
tions, welfare programs, and advancement of the academic and voca-
tional training in furtherance of the police profession, and (iii)
are not subordinate to any other organization.
SECTION II. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS MAJORITY REPRESENTATIVE -
FORMAL RECOGNITION
(A) The Municipal Employee Relations Officer shall:
(1) Determine the majority representative of City employees in an
an appropriate unit by arranging for a secret ballot election
or by any other reasonable method which is based upon written
proof, and is designed to ascertain the free choice of a major-
ityof such employees. The employee organization found to
represent a rr.aJority of the employees in an appropriate unit
shall be granted formal recognition and is the only employee
organization entitled to meet and confer in good faith on
matters within the scope of representation for employees in
such unit. This shaJl not preclude other recognized employee
organizations, or individual employees, from consulting with
management representatives on employer-employee relations mat-
ters of concern to them.
(2) Revoke the recognition rights of a majority representative
which has been found by secret ballot election, or by any other
reasonab 1 e me thod wh I ch I s based upon wr it ten proof, no longer
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to be the majority representative.
(B) The recognition rights of the majority representative designated in
accordance with this Section shall not be subject to challenge by any
other employee organization for a period of twelve months following
the date of such recognition.
SECTION 12. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER
The City Council hereby designates the City Administrator as the Municipal
Employee Relations Officer who shall be the City's principal representative in all
matters of employer-employee relations, with authority to meet and confer in good
faith on matters within the scope of representation including wages, hours, and
other terms and condit'ons of employment.
The Municipal Employee Relations Officer so designated is authorized to
delegate these duties and responsibilities.
SECTION 13. RESOLUTION OF IMPASSES
Impasse procedures may be Invoked only after the possibility of settlement
by direct discussion has been exhausted.
The impasse procedures are as follows:
(A) MEDIATION (OR CONCILIATION) (Defined in Section 3-N) -- All mediation
proceedings shall be private. The Mediator shall make no public
recommendations nor take any public position concerning the issues.
(8) A DETERMINATION BY THE CITY COUNCIL -- after a hearing on the merits
of the dispute.
(C) Any other dispute resolving procedures, including FACT FINDING, parties
mutually agree or which the City Council may order.
Any party may Initiate the Impasse procedure by filing with the other party
(or parties) affected a written request for an Impasse meeting together with a
statement of its position on all disputed issues. An impasse meeting shall then
be scheduled by the Municipal Employee Relations Officer forthwith after the date
of filing of the written request for such meeting, with written notice to all par-
ties affected. The purpose of such impasse meeting Is twofold: (1) To permit a
review of the position of all parties in a final effort to reach agreement on the
disputed issues, and (2) if agreement is not concluded, to mutually select the
specific impasse procedure to which the dispute shall be submitted; in the absence
of agreement between the parties on this point, the matter shall be referred to
the City Council.
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The fees and expenses, if any, of mediators or of any other impssse pro-
eedure~ shall be payable one-half by the CIty and one-half by the employee or-
ganizatlon or employee organizations.
Fact-finding Is generally defined as including the identification of the
major issues in a particular dispute, a review of the positions of the parties,
making findings of fact on the Issues in dispute and, when requested, to make
advisory recommendations for settlement. The fact-finder is an impartial person
(or panel), skilled in matters of employer-employee relations, selected by mutual
agreement of the parties affected. The fact-finder's Report Is advisory only
and, in this essential respect, it differs sharply from an arbltrator's award,
which Is binding upon all parties. When the results of fact-finding are accepted
by the parties, that usually tenmlnates the dispute. Even when not accepted by one
or more parties, the Report may furnish a basis for further dIscussIons that
could lead to a voluntary settlement.
When a dispute is presented directly to the City Council. it could r~..ot
a fact-finding report prior to making its determination. In any event, the
ultimate decision on all matters requiring legislative action would be made by
the City Council.
SECTION 14. GRIEVANCES
(A) A grievance is any dispute concerning the interpretation or applica-
tion of this Resolution, or of rules or regulations governing per-
sonnel practices or working conditions, or of the practIcal conse-
quences of a City RIghts' decision on wages, hours, and other terms
and condItIons of employment.
(B) Grievances shall be processed in accordance with procedures established
by the City.
SECTION 15. MEMORANDUM OF UNDERSTANDING
When the meeting and conferring process is concluded between the City and
a formally recognized employee organIzation representing a majority of the em-
ployees in an appropriate unit, all agreed upon matters shall be Incorporated in
a written memorandum of understandIng sIgned by the duly authorized City and
majority representatives as set forth In Section 6.
As to those matters within the authority of the City Council, the memo-
randum of understanding shall be submitted to the CIty Council for determination.
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SECTION 16. CONSTRUCTION
(A) Nothing in this R~olution shall be construed to deny any person or
employee the rights granted by Federal and State laws and City Charter
provisions.
(B) The rights, powers, and authority of the City Council in all matters,
including the right to maintain any legal action, shall not be modified
or restricted by this Resolution.
(C) Nothing contained in this Resolution shall abrogate any written agree-
ment between any employee organization and the City in effect on the
effective date of this Resolution. All such agreements shall continue
in effect for the duration of the term specified therein unless modi-
fied or rescinded by mutual agreement of the parties thereto.
(D) The provisions of this Resolution are not intended to conflict with
the provisions of Chapter 10, Division 4, Title 1 of the Government
Code of the State of California (Sections 3500, et seq.) as amended
in 1968.
SECTION 17. SEPARABILITY
If any provision of this Resolution, or the application of such provision
to any person or circumstance, shall be held invalid, the remainder of this Reso-
lution, or the application of such provision to persons or circumstances other
than those as to which it is held invalid, shall not be affected thereby.
PASSED AND ADOPTED this 10th day of February, 1969, by the following vote:
AYES:
COUNCI LMEMBERS: Duffin, Kennedy, Quartiroll, Silva, Wentworth,
and Goodrich.
NOES:
COUNCI LMEMBERS: None
ABSENT:
COUNCILMEMBER: Allemand
APPROVED:
~~~L5.~~YJ
151 NORMAN B. GOODRICH
Mayor
ATTEST,A l _ /(
,/& 2koCt/PU1V lp yfJ'.!i::u~. .
~I SUSANNE E. STEINMETZ
CltyCl~r~
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, V ,::;:;~"'_/"', ,.~
By: ISI CECIL .-REINSCH
Assistant City Administrator
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1319
is an original
resolution, duly adopted by the Council of the City of Gilroy at a
adjourned
regular meeting of said Council held on the 10th day of February
, 19 69 J at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 28th day of February
, 196~.
,I
dM~nU &,
''"City C~erk of the City of