Mayor, Council President Clash Over New Bedford Police Chief Hiring

NEW BEDFORD (WBSM) — New Bedford City Council President Shane Burgo announced today that he is seeking a declaratory judgment on behalf of the council "to determine, once and for all, what the law requires in the appointment of the police chief.”

Burgo and the council have taken 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: Jason Thody Is New Bedford's New Police Chief

What Is a Declaratory Judgment?

According to Cornell Law School, a declaratory judgment is “a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court.” It also “differs from other judgments because it does not provide for any enforcement or order a party to take any action or pay damages.”

READ MORE: Burgo, Mitchell Clash in New Bedford Budget Battle

In effect, it would just be asking the court to rule whether or not the city council has a role in the appointment of New Bedford’s police chief.

“This third-party determination will interpret the City Code appropriately and render a binding decision on the council's confirmation authority,” Burgo said.

Get our free mobile app

Mayor Himself Thought Police Chief Required Council Approval

Back in February, when former Police Chief Paul Oliveira announced his impending retirement, Mitchell discussed the search for the next chief in his weekly appearance on WBSM. He told host Chris McCarthy that he planned to put together a “screening committee of sorts” to narrow down the field of candidates.

“They’ll make a recommendation, but the mayor makes the decision, and then the chief is subject to confirmation by the city council, as all the department heads are,” Mitchell said on February 19.

READ MORE: New Bedford Mayor Will "Cast a Wide Net" to Find Next Police Chief

However, that never happened, and Mitchell announced Thody’s hiring on June 24 without him ever appearing before the city council.

City Solicitor: No Council Confirmation Needed for Police Chief

New Bedford City Solicitor Eric Jaikes provided a written statement to WBSM citing the provisions in the City Code that grants the mayor the authority to appoint a police chief without city council approval.

"For at least 20 years, the New Bedford Police Chief has been appointed by the mayor without council approval. Pursuant to Section 2-21 of the Code, ‘the mayor shall be the executive head and general authority in control and management of the police and fire departments,’” Jaikes told WBSM in a written statement. “Section 19-90 indicates that, ‘the police department shall consist of a chief… and such other officers as may be designated by the mayor.’”

READ MORE: New Bedford Police Chief Gives Boy a Challenge Coin After Act of Honesty at the Feast

“There is no reference in Section 19 of the Code requiring city council approval of that appointment,” he said. “The only reference in Section 19 of the Code to city council approval is in section 19-93, which states, ‘the mayor, under the provisions of civil service, shall make all appointments of police officers. Appointments of police officers, constables, and special officers shall be subject to confirmation by the council.”

Burgo “Respectfully Disputes” Solicitor’s Opinion

Following Thody’s hiring, Burgo reached out to City Solicitor Eric Jaikes to get the solicitor’s opinion on the mayor’s authority to appoint the police chief without confirmation or approval by the council.

Burgo shared with WBSM the correspondence he had with Jaikes on the matter, in which Jaikes cited the same portions of City Code as the reason why Mitchell did not need council approval to hire Thody. Jaikes also cited other positions in city government in which the council’s confirmation was not required, such as the airport director, library director, director of the board of health and even the city solicitor's position itself.

In his return correspondence, Burgo said he “must respectfully dispute” Jaikes’ conclusions “on both legal and procedural grounds” after “careful review and consultation with legislative counsel.”

READ MORE: Ballot Question, Ordinance in the Works on Police Citizenship Requirement

Burgo’s response argued that if Jaikes’ interpretation of the mayor’s appointing authority without council confirmation was correct, “then the council’s confirmation authority over any department head would be effectively nullified.”

“That cannot be the intent or function of our charter or governing laws,” he wrote, also taking exception to some of the comparisons made by Jaikes to other positions in city government.

In his press release today, Burgo said it was more equivalent to the appointment of the city’s new fire chief. Brian Medeiros was confirmed by the city council before assuming command.

READ MORE: Brian Medeiros Named New Bedford's New Fire Chief

“That is why the solicitor's position makes little sense. We just went through this very same process with the fire chief, who is also a department head appointed by the mayor and confirmed by the council,” Burgo wrote. “Why would the law apply to the fire department but somehow exclude the police department? The solicitor has not offered a convincing answer, and in my written response I made clear that his reasoning does not withstand scrutiny.”

Neither Side Is Backing Down

However, Jaikes is standing by his interpretation of the City Code.

“It remains the solicitor's opinion that council approval of the appointment of the police chief by the mayor is not required,” Jaikes told WBSM. “Nevertheless, as the mayor has indicated, the city council is welcome to invite Chief Thody to appear before the council for a presentation on his vision of the department. They have yet to invite the chief in for that purpose. The council is at liberty to cast whatever votes they please.”

Burgo said he has been left with no choice but to seek the opinion of the courts.

“The people of New Bedford deserve a government that follows the law, not one that selectively enforces it,” Burgo said. “I remain committed to upholding the integrity of our legislative branch and ensuring that the police chief, like every other department head, is properly vetted through the confirmation process established by law.”