Minutes 1948/11/29
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Gilroy,California.
Novenber 29,1948.
This regular adjourned meeting of the COmlll0n Council is called to
order by His Honor Mayor Geo rge C.L'lilias.
Present:Councilmen:George M.Mason,3.H.Wentworth,Ray L.Stevens,
1044
/
Jam.es B.Thomas,Dale D.Daniels. Absent:Cou ncilman David V.Stout.
The l1ayor states that this meet ing hassbeen called to take action
on the Report of J.H.3amison Service report on the Survey of the Gilroy
Police De:)artment and to take action on said report .and rec arrmendat ions.
Mr.J.H.3amison of the J.H.Jamison Service is present.
OBD NO. 466 is presented and read.
Llotion by Counc ilman Daniels, seconded by Councilman \Ventwort h that
ORDTINM~CE NO.466 be adopted.
./
ORDINANCE NO.466
--
AN ORDINANCE })HOVIDIlJG FOR THE REORGANIZ.~TION OF THE POLICE
DEPARTIlENT OF THE CITY 0 F GILROY, AtTENDING ARTICLES I AND II
OF CHAPT"ER II OF TIrE li1JNICIPAL CODE, PROVIDING FOR ADDITIONAL
PEHSON}',mL IN THE POLICE DEP.ARTl'mNT AND TIlE ELiPLOYIJiENT OF A
RADIO OPERI\.TOR,I~STAi3LISHIN'} THE l)OSITION OF CAPTAIN OF POLICE,
FIXING THE DUTI1~S OF POLICE OFFICEH9, AND PROVTIiING FOR THE
SUSPEllS ION AIID DISJ'TISSAI OF POLICE OFFICERS .AND HEARINGS TEEHEON.
Vote on the motion to adopt ORDIt1U~CE NO.466:
AYES:
Councilmen
George H.l:ason,.T.H. VIentvlOrth,Ray
3ames B.Thomas ,Dale D.Daniels.
None
David V.Stout.
E. Stevens,
NOES:
ABSEI\1T :
Councilmen
Councilman
RESOLUTION NO.211 is now presented and read.
Motion by Councilman Thomas,seconded by Councilman I,lason that
RESOLUTION NO.211 be adopted.
RESOLtrrION NO. 211
APPROVING HEPORTAND RECm'ITiPJ\JDATIONS OF .T. H. Ji\lIISON SERVICE
REI.l\.TINJ. TO THE REORGANIZING OF POLICE DlGP.iillTIJENT OF 'l'lIT~ CITY OF
GILROY ,ESTA31ISI.rrNG RULI~S A1,D nEGUI.J~TIONS :DOR 'TIlE OPERlI.T ION THEREOF
AND FIXII\U TEE COlJIPENSATION OF POLICE DEPARTI\1ENT PERSONNEL.
'.7JIEREAS the Uayor and COlnrilon Council of the City of Gilroy,
have heretofore secured the servi ces of 3.H.3.AllISON SERVICE to
make an investigation of the operation of the Police Department of
the City of Gilroy and to make recamr:lendations and suggestions
relating to the reorganizing of the said Police Department and
formulate rules and regulations for the governing thereof, and the
said .T.E.JAMISON SERVICE has made its report and recommendatiomr,and
~EEREAS the Mayor and Cor~rron Council of the said City of
Gilroy after consideringttl1e said report and reco:Ji1endations have
enacted into Ordinance No.466 of the City of Gilroy, certain of the
recornm.endations and su€mestions contained in said reIxn.t and desire
to adopt by resolution such of the other recommendations and
suggestions in the report as it approves;
NO ',V , TH2RI:FORE, BE IT R3S0LVBD, 1;hat the said report and
recommendations of said J'.H.3AIEISON SERVICE as submitted, be and
th e SaIae are here by approve d and ad opted and put into ope rat ion
except as herein otherwise expressly provided;
.AND FE IT AL~)O HESOLYED that the rollo'wing be and the
sane are hereby adopted as rules, regulations and or ders apper-
ta ining to and governill!.": the Poli ce De p artnent of the City of Gilroy,
its operation and personnel:
ORGANIZATION
1. Al~ regulations oI'clers and suggest ions nade by the
Layor and/or C:JL1-LUon iJou:tj.cil concerning la'\'l en1'o rcenent shall be
issued to and through the City Marshal.
2. As urovided in the'l t
"",lClle er,
the l1ayor is the head of
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the Police, bwt the City Marshal is the operating head or the Chief
of Police and shalliJe consulted on all natters relating to law
enforcement in the City of Gilroy.
3. 1J:'he City IIarshal shall irrolici tly obey all lawful rulings,
orders or suggestions from the Police Commission, the City Council
and of the Eayor; that tho se rulings, orders or suggest ions effect ing
other members of the police department be promptly relayed to them by
the I~arshal.
4. rrhe nembers of the police department shall be assigned
their duties by the City I~arshal and by no one else, and all his
laiV~~l m>dere~ shall be pronptly obeyed.
5. The members of the Police De}Jartment sha 11 rJOrk in shifts
as follows:
The LIarshal and one officer shall be on duty frora 8 A4lM.
to 5 P.M..; the second shift for c IVO officers begins at 5 P.Ll. and
ends at 2 A.M.; the third shift of two officers shall begin at II P.M.
and end at 8 A.M. The overlapping of the second and third shifts from
11 P.l/I. to 2 A.li. covers that ];B riod of night when there is the !!;reat-
est danger of brawls and law violation. The shifts as outlined, vover
a nine-hour IB riod, one hour being alloy/eel for meals. Each officer shall
have one day off per week which is to be arrangeel within the department
by agreement of the personnel. Each 0 fficer shall likewise have at least
one Sunday off each month. If the memb ers of the department are unable
to agree mlOng themselves as to the days that they are to have off, the
1!a:r:Bshal shall designate said days and his order in that regard shall be
followed.
6. That in the errplDyTrrent, or dismissal or promotion of t'olice
personnel, due considerat ion shall be given by the Police COlilLlission
and Council to the reconmendations by the City Harshal, it being under-
stood, hm7ever, that the Council cannot legally delegate the authority
{;ranted by the Charter to employ and discharge members 0 l' the depart-
ment.
RUL}~[) AND HEGULATIONS J'hS ':PO PERSCNlillL
A. CITY HARSF..AL
The I-/Iars hal shall be considered the Chief of Pcplice. As such
he is responsible for the enforcement 0 f the rules and regulations and
for the efficient functioning odr the dep artment.
B. CAPTAIN OF POLICE
The Capta in 0 f Police is se cond in command and, during the
absence of the T.Iarshal or on the h'larshal'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 obligat ion of Police Officers, at all times of t he day or night,
within the boundaries of the City of Gilroy,to preserve the public
peace,arrest offenders,protect the ri(Ylts of persons and property,
preserve order, and general13T, enforce and obey to the best of their
ability all ordinances of t.'11e City of Gilroy and all laws of the State
of California and 0 l' the Federal Government perta ining to crime.
D. OFFICERS DUTIES.
Every officer shall:
( 1)
( 2)
(3 )
(4 )
(5 )
(6)
strictly obey and promptly execute the lawful orders of
his sunerior 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 begimling of his tour of duty,
if he is unable to report for duty at the appointed
time due to illness or other cause beyond hms control;
1046
(7) not use City-owned automobile or motorcycle e~cept in
line of duty;
(8) not drink intoxicatiYlfj liquor while on duty;
(9) report any grievance concerning his salary,hours, or
working c ond i tions to the l.farshal and, if such grievance
is not settled by the Marshal to his satisfaction,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;
(ll)notify Llarshal, 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.
E. UN-IFOIirvIS .
All members of the Police Department shall be required to
wear standard police uniforns 'while on duty. The City of Gilroy will
appropriate $50.00 towards the cost of a uniform for each new employee
off the department and for each present employee for the replacement
of old or the purchase of new uniforms. The uniform shall be readily
distinguished frail those worn by deputy sheriffs and Highways patrolmen.
The color of the uniform shall be dark blue.
F. VIOLATIONS A~D DISCPLIIL\RY ACTION.
The following offenses are considered of sufficient gravity
to cause disciplinary action to be talren:
( 1)
(2 )
(3)
(4 )
(5 )
(6 )
Violation of any of the rules and regulat ions set forth
herein or included in any ordinance,order or resolution
on the COUl_cil or in the City Charter.
Drunkeness, either on or off duty.
Insubordination.
Dishonesty.
Untru thfu Iness .
Any other offense which destroys the officers' value
as lavv enforcement officer; which brings opprobrium
on the dep axtment or the City of Gilroy; or which
destroys the confidence of his superiors in himx as
a police officer.
COTJIUJ\TI CAT IONS.
--------
The City of Gilroy shall contfunue its plan of cooperation
with the Sheriff's Office in the matter of radio cOL~lunication;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.H. to 5 P.LI. ,Monday through Saturday, and
all other hours the Sheriff will aSSlmle 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 ~i/oman and she shall be e:xperienced in
the technique of poli ce radio broadcasting, be familiar 'wi th police
rout ine and records and be a ble to type and file correctly such records
as may be required.
R"SCORDS
The following records shall oe kept in and by the Police
Department:
Records of com]Jlaints,ar:cests,of_enses,disposition of
cases,a daily report,fingerprints,and alphabetical indexes of
prisoners and cr inles committed until otherwise ordered by the Counc il.
]'orns supplied by the J .II. Jan ison Service des igm ted as Complaint
Report,}Torm No.1, Daily Heport, Form 1\0.2 and Arrest Record,Form
:tJo.3, shall be obtained and the information and data therein re-
quired secured and inserted in the reco rds. r.Che forr,ls shall be su b-
stant ially cornpleted rihe never possible.
Each prisoner, recardles[; of "011e gravity of his of .l.ense
shall be Ifingerprinted, one copy of r:hich should be l1ailed to the
State Bureau of Identification in 3acramento and 0 ne to the JTederal
Bureau of Inve st iga t ion in Washing ton, D. C. . The j?o lic e Department
is to do everything reasonably PQ~3 sible to coope rate Hi th all laVl
enforcement aGencies y!hether on a national,state or local level.
104'7
All copies of teletYJ)e reports received from the Sheriff's
o ice shall be nosted in the Police Department so that each officer
coming on duty can acquaint himself ~;"]i th the contents. A list of
st olon automobiles shall be cormiled by the radio operator fro.Ci1 the
teletype reports and e aci1 oLticor shall carry such list nhile on duty.
S.AL.LR IES
A.'BJ:...Ll O:F OFli'ICImS ill'D SALA.H:C~S
1. Cityl'Iarshal, the araount nov] fixed 'by action of the said
Council.
2. Ca pta in of Police, ;;290.00 per Ioonth.
3. There shall be four ~atro~aen; the salaries of each,
~~260.00 per month.
4. Traffic Officer, 0270.00 ner mont~.
5. Hadio Operator and Police ";oman, ~?225.00 per month.
B. PRO BAT I OHAJ.-qy Pi2~RIOJ).
All police officers below the rank 0 f Cal)tain of Police
shall be required to serve six-months jJrobationary period
at a salary of :,;>240.00 per month, if employed as partoJJ:uan,
and :,p250.00 if employed as traf:t'ic officer.
COEPMIETS 10m G ~n}~\TANCES "ITHIN DJ:i;:e IJ{TI3IlT.
"______e.._..__.__.._._____
A.ll conplaints and grievances of members of the Police
FOl'ce shall be first made to and dis cussed with the City },Iarshal
who shall make all reasonable efforts to obtain a satisfactory
solution; of the Marshal is unable to obtain a satisfactory solution,
then such complaint or Grievance may be presented to the Mayor
vlho shall present the I:1cCttter to the entire City Counc i1. , sitting
as the Police Conmission; the LIayor shall under the se circumstances
endeavor to settle the Complaints ar grievances personally; the
dec is ion 0 f the Police Commiss ion shall be final on all compla ints
and frievances unless appealed to the Council within 10 days after
notice of the decision of the Police COITmlission is given the com-
plainant.
The rules and regulations herein set forth and the directions
herein contai ne, shall have the force of 0 rdered issued by the Mayor
and COlliLlOn Council of the City of Gilroy, a copy of this res olution
shall be kept posted in the office 0 f the Police Depar:t:rllent ir. a'
consnicuous nlace and the members of the Police Denartment shall
~ .L _
familiarize themselves with all the rules,regulations,directions and
orders herein set forth.
iL1)OPTED AND l)Af)Sl~D t hi s 29th da y 0 f November, 1948, by the
following votes:
1\ YES :
Gouncilmen George M.T<.<iason,J.H.17entworth,Ray L.Stevens,
Jmaes B.Thomas,Dale D.Daniels.
NOES:
Councilmen None
ABSENT: Councilmen David V.Stout.
"""' _ ,r <
Mayor.
ATTEST:
G.G-.~
I
Ci t:r Clerk.
ORDHlli.NC:G NO.467 is presented and read.
TIot ion by Counc ilman Daniels, seconded by Councilman Stevens that
O?DII~~~CE NO.467 be adopted:
ORDINANCE NO.46?
AN ORDINANCE CREATING 'mE OFFICE OF ]'IIili INSPECTOR AIID PRO-
VIDING FOR THE DUTIES MID SALARY OF SAID 0 EFICE.
1048
Vote on motion to adopt ORDINANCE NO.46?:
AYES:
Councilmen George l:l.!Jason,J.lI. tIent17vorth,Ray L.Stevens,
James B.Thomas,Dale D.Daniels.
NOES:
Councilmen None
ABSENT: Councilman David V.Stout.
\I i The Clerk is. instructed to write a letter to Dr.Willard Schmidt,
Director of Police School, San <Tose State College ,San 30se,California,
requesting that he furnish the names and addresses of five:avaIil-
able members of his school or graduates, who might be interested in
in becoming a patrobTIan on the Gilroy Police Department; also a letter
to Mrs. Inez Gibino,5 Oak Street,San Jose,California, to ascertain if
she is interested in the position of Radio Operator,Police l'foman and
Clerk in the Marshal's office, copies 0 f both letters to sent to the
City Marshal's office.
The Clerk is instructed to notify CounciD~an Stout to make the
necessary arrangements for additions to the City Marshal's office in
accordance Yiith the recommendations made by J.H.JiUilISON SERVICE.
The Clerk iSllI instructed to write a letter to Robert Mason,Santa
Clara County CO.:Tmnicat ions Officer advising him that the City is
ready to proceed with the radio installation to tie in with the
sheriff's substation.
'"
Councilman Daniels is instructed to secure prices on two new cars
for the police department-to secure the amount of trade-in to be
allowed on the present car and the additionalcost for heaters,
over-size generators and inexpensive seat covers.
The matter of renewal of a lease to Harry Rianda on ? acres of
sewer:i'arm land is discussed and it is unanimously agreed that the
new lease should be made frmn year to year and the rent be based on
25% of the gross income from ceops raised on the land.
M:r.Ed.IIanna of the City Engineer:!s office is now called upon by
the I:Iayorx to look over the plans and specifications presented with
an a~yplication for a Building Permit by liIrs.L.Radin to construct two
duplex houses at the ITortheast corner of .Eighth and Hosanna Streets.
1.1r~Hanna asl\:s for time t 0 study the plans and spec ificat ions and it
is unanimously agreed that he submit his report at the regular month-
ly meeting of the Council, December 6,1948.
I:Irs.Oliver Vlood'tvorth now appears before the Council to request
that ~oodworth's Taxi Service be granted a parking space just south
of the drivewa~T into the neVI Greyhound Bus De}'JOt on North Lonterey
Street. The ILayor states that the C11;\J is not perLlitted to grant
1049
parking stand privileges in the area requested as the Division of
EighVlaYs has 00 ntrol of this area and they forbid parking in the
area.
Ers.Y~oodrworth also states that Steve's Taxi has been operat ing two
taxicabs and they have only one license. The City Olerk informs the
Mayor that Steve t s Taxi took out a license for the second taxivab on
No veITh)er 23rd, 1948.LIrs. Woodworlth asks if Steve t s Taxi has filed
the necessary certificates of public liability insurance TIith the
Clerk and the Clerk states the he has not done so. Lrs. \'!ooodworth
then requests that the ~)ena It ies of tb e Taxicab Ordinance be enforced.
The matter of penalt ies for failure to file the public liability
insurance certificates 1"lith the City Clerk is turned over to the
Ci ty Attorney to check on the penalty.
COUIlC ilnan 'l'honas states that bids for the chass is for the high
Dressure fog unit for the fire dEYDartl.lCnt have been filed'i th the
Cl erk.
'l'hree bids are presented and ~1ead:G. . Brodersen S~; Son-one GT-rc
truck ,137 inch wheel base,etc.(not including l!'ecleral excise tax}
.J"l "49 14
~jp,f(.J. ;
Culwell Chevrolet Comnany-one Hodel #3803 Chevrolet-
137 inch 'Ivheel base, etc. (plus sale s taxit;~ license) ;)1,677.35;
ers E:ros. -one 1949 JJ'ord IIod el One Ton Truc k wi th 134 inch wh eel
base,etc.(less Federal Excise Taxes) Net to City 01,726.40.
Councilman rl'hmllas nOl7 discusses the horsepovJer, torque and r.p.m.
of the three vehic les and s tates that 1'0 r t he work to be Clone by
the truck he \lould consider the GMC. the best.
Lotion by Councilman Stevens ,seconded by :;oul1cilman ','!entworth and
carried that the recomrnendation of the chaiJ1lan of the Fire COlYl..ni ttee
be accepted and that the Food Hachinery Cor~)orat ion be instructed to
nurchase 1'1'01":1 G.lJ. 3ro dersen &, Son, one-GI.rc truck, s:p~ci:ricatlons::,as;per b.id\
p:
for the sum of :;;1l,742.14, providing the GT.'IC meets the snecifications
of the Food Machinery Oorporation.
Adjourned subject to the
call of the chair.
,
~-~.~
City Clerk