Mayor Mitchell Pushes Back on New Bedford Police Chief Confirmation Dispute

NEW BEDFORD (WBSM) — Mayor Jon Mitchell has sent a letter to the New Bedford City Council pushing back on Council President Shane Burgo’s decision to seek a declaratory judgment regarding the council’s role in the hiring of the city’s police chief.

Burgo and the council took exception to Mayor Jon Mitchell appointing Jason Thody as New Bedford’s new police chief back in June without Thody’s hiring being confirmed by the city council, as it does with other department heads.

“The mayor cannot pick and choose which laws he wants to follow. Checks and balances are built into our city's governance for a reason: to ensure transparency, accountability, and public trust,” Burgo said. “By refusing to acknowledge the council's role in this process, the Mitchell Administration is disregarding the law and undermining the voice of the residents we represent.”

READ MORE: Mayor, Council President Clash Over Police Chief Hiring Process

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New Bedford Mayor Defends Police Chief Appointment

However, Mitchell and City Solicitor Eric Jaikes maintain that the mayor, as head of the police department as laid out in the City Code, does not need council confirmation for his pick for police chief. He also noted that, for a council body that believes it needs to confirm the police chief, it did not make any attempt to do so.

“They have known about Jason Thody’s appointment as police chief for two months, and they haven't bothered to schedule a confirmation,” Mitchell said in his weekly appearance on WBSM Wednesday. “So I don't know, they don’t want to answer that question. I’m sure in the lawsuit, the judge is going to ask that same question.”

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Mitchell said he thinks his administration’s position is “the right one,” and that the city council “jumped the gun” in seeking a declaratory judgment without attempting to hold a confirmation hearing.

“They haven’t even bothered to take the step that you have to take in order to crystallize the legal issue,” he said.

Mitchell: Council Could Have Taken a Vote But Hasn't

Mitchell pointed to the August 19 meeting of the council’s Committee on Public Safety and Neighborhoods, in which Chief Thody was invited by the committee to come in and discuss issues pertaining to special police officers as well as parking.

“They call him in, in his capacity as chief of police, and yet they say he’s not the chief because he hasn’t been confirmed,” Mitchell said. “How do you square those two positions?”

READ MORE: Mayor Mitchell's Letter to Council President Burgo on Police Chief Hiring

In his letter to Burgo and the council, Mitchell recapped the hiring process for the new chief and pointed out that two city councilors (Brian Gomes and Shawn Oliver) were part of the nine-person screening panel.

“I am concerned that the Council's publicly proclaimed adherence to a position that is inconsistent with the City Code and long-standing practice does nothing but distract from the police department's mission,” Mitchell concluded his letter. “We need to focus instead on how we together can continue to support the essential work of public safety.”

Arguments "More Academic Than They Are Real"

On WBSM Wednesday, Mitchell said Chief Thody is “doing very well” and “getting up to speed quickly” and that he isn’t too concerned with the council’s arguments about confirmation.

“These kinds of discussions are more academic discussions than they are real, and I would suggest we all need to focus a little more on the support for our public safety departments,” Mitchell said.

Council President Burgo Responds

Council President Burgo issued the following statement to WBSM in response to Mayor Mitchell's letter to the council and his comments during his weekly radio appearance.

"The mayor is well aware of how mayoral appointments take place, and it is not the role of the council to schedule or call for a confirmation hearing. That is not how the process works. To suggest otherwise misrepresents the procedure and shifts responsibility in a way that is simply not accurate.

I made every effort to resolve this matter directly with his administration. However, given his refusal to compromise, the only responsible course left was to seek clarity from the judicial branch.

Why would the council take an action that, under his interpretation, could be disregarded entirely? That is precisely the reason we are seeking a declaratory judgment. While we may feel Jason Thody is a fine candidate and capable of serving honorably, the concern extends far beyond this particular appointment. What happens when a future mayor puts forward a candidate who is unqualified or poses a risk to public safety? Under his interpretation, the council would have no safeguard, no check and balance, and no recourse to prevent an unfit appointment.

Unchecked power in this process opens the door to potential abuse, and that is what this council cannot accept. Again, while this is not about the qualifications of Jason Thody, the principle at stake is the protection of the integrity of our government and the necessity of accountability in every appointment.

For the record, public safety is of utmost importance to this body. That is why Councilor At-Large Brian Gomes, Chairman of the Public Safety and Neighborhoods Committee, invited the police chief to the Public Safety and Neighborhoods Committee meeting. The work of the people continues, and the council remains committed to that work.

As council president, I will continue to uphold the role and responsibilities of this body to protect the integrity of our government and maintain the public’s trust in how it operates."