The New Bedford City Council filed a lawsuit against Mayor John Mitchell last week, asking a Bristol County Superior Court judge to clarify that the mayor must seek council approval to appoint a new police chief.
Mitchell appointed John Thody as the city’s new police chief on June 24.
Council president Shane Burgo said that not allowing the council to confirm the appointee subverted its authority to confirm the appointment of department heads.
“That is why we’re seeking a declaratory judgment from the courts to interpret our city code and our city charter and the Massachusetts General law that dictates under the Plan B charter that the council has this confirmation authority,” Burgo said.
The Mayor’s office contended in a press release that the council could schedule a confirmation vote but has not yet done so, stating that “the Council points to no provision in the Code that prevents it from casting this vote.”
“The administration’s reaction to the lawsuit was that this is simply a waste of time or a waste of taxpayer resources and is really not needed,” said Jonathan Darling, a spokesman for Mitchell. “They’re welcome to vote anytime. They could vote tonight. They could vote tomorrow.”
Darling explained that the administration has about 30 days to formally respond to the lawsuit.
Burgos said that unlike typical lawsuits, the end goal of this suit is not punitive, but rather to clarify the law in this instance.
“You’re not recognizing our confirmation authority and therein lies the conflict,” Burgos said.
The court has yet to set a timeline for the suit.
Correction: This story previously misstated the day on which the New Bedford City Council filed its lawsuit.
