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NEW BEDFORD — The City Council plans to take the mayor to court over his recent appointment of the new police chief.
Council President Shane Burgo on Monday issued a letter laying out why the council believes Mayor Jon Mitchell is not following the law in his appointment of the new police chief, Jason Thody, who has been serving in the position since mid-July.
The City Council says it has the power — and responsibility — to confirm the appointment, while Mitchell’s administration says council approval is not required for police chief.
“This has nothing to do with Jason Thody as a candidate,” Burgo told The Light. “It has everything to do with the mayor sidestepping our authority.”
“I’ll publicly say that once [Thody] does come before us to be confirmed, I plan on supporting him and voting to confirm him,” he said. “The importance of this action is to make clear what the law is and to set the precedent moving forward.”
Burgo cites Massachusetts law, which states that with the exception of some named positions, “all heads of departments and members of municipal boards… shall be appointed by the mayor, subject to confirmation by the city council.”
The statute applies to Massachusetts cities with a “Plan B” charter like New Bedford’s. Plan B is defined as a city government and legislative body composed of a mayor and city council (elected partly at large, and partly from districts or wards).
City Solicitor Eric Jaikes, in his letter countering Burgo’s position, cites a different state law on employment contracts for police chiefs: “Said contract shall prevail over any conflicting provision of any local personnel by-law, ordinance, rule or regulation.”
It’s unclear how this section of the law prevails over the other section of state law on confirmation by city council.
Jaikes also cited city code, explaining that the section that says department heads are subject to approval by city council “applies generally and is not true of all mayoral appointments” in New Bedford. He went on to list several city positions that move forward without council confirmation.
The Light sent Jaikes an email Monday afternoon asking where the code dictates a general application.
In an email, he said that for at least 20 years, the city’s police chief has been appointed by the mayor without council approval.
Citing city code, he said, “the Mayor shall be the executive head and general authority in control and management of the Police and Fire Departments…’. Section 19-90 indicates that, ‘the police department shall consist of a chief… and such other officers as may be designated by the Mayor,’” he said.
“There is no reference in Section 19 of the Code requiring City Council approval of that appointment,” Jaikes wrote, adding it only discusses approval for police officers and constables.
“It remains the solicitor’s opinion that Council approval of the appointment of the police chief by the Mayor is not required,” he said.
The City Council last month approved the appointment of the new fire chief, Brian G. Medeiros, at which time he was sworn in in the council’s chambers.
“Why would the law apply to the Fire Department but somehow exclude the Police Department?” Burgo wrote in his letter Monday. “The Solicitor has not offered a convincing answer, and in my written response I made clear that his reasoning does not withstand scrutiny.”
City ordinances’ language for police and fire department positions differs.
On the police department, they say that officers and constables need council approval: “The mayor, under the provisions of civil service, shall make all appointments of the police officers. Appointments of police officers, constables and special officers, shall be subject to confirmation by the council.”
However, for the fire department, they state: “Vacancies in the office of chief, deputy chiefs or district chiefs shall be filled by appointment made by the mayor and confirmed by the city council.”
Burgo told The Light that he tried to resolve this issue with the administration directly, but that the mayor’s and solicitor’s offices have stopped being responsive.
The mayor’s office did not respond to The Light’s request for comment Monday afternoon in time for publication.
Nothing has been filed in Superior Court as of Monday. Burgo said that the council’s attorney, David Gerwatowski, is reviewing the matter, but that the council hopes the court can provide declaratory judgment in its favor. In other words, they want a judge to order that the council’s interpretation of the law (not the mayor’s) is correct.
The council will take up the issue during its meeting on Thursday, Burgo said.
Mitchell announced Thody’s hiring in late June after a monthslong process conducted in relative secrecy and shaped by outside consulting firms 21st Century Policing and Jensen Hughes.
The city, as part of the announcement, said that Thody’s appointment does not require City Council approval, but that the council can vote to endorse him. The city said the same of former Chief Paul Oliveira when he was appointed to the position in 2021.
In 2011, the council unanimously confirmed then-Police Chief David Provencher. Then-Mayor Scott Lang said previous chiefs had not gone before council for confirmation, but that he’d sent Provencher’s appointment to the council “out of respect.”
Thody recently retired as chief from Hartford, Connecticut, and was one of 21 applicants for the New Bedford job.
The Light has requested public records from the city on Thody’s application and appointment. The city sent a partial response: press releases and some emails from the day in June that Thody’s appointment was announced. The city has assessed a fee for earlier records.
The Light filed a civil suit against the city in July over two other sets of public records, including the city’s contract with 21CP, which it hired in March to review the police department’s internal affairs and narcotics units. The city has not provided a copy of the contract, nor said how much the city is paying the firm. Its report is expected this month.
Colin Hogan contributed reporting for this story.
Email Anastasia E. Lennon at alennon@newbedfordlight.org.
What happened with the appointment of the Captain of the new police station on Brock Avenue? He would have been 1st in line to replace out going Chief and he still lives in the city he grew up in and he has a vested interest in the welfare of our city. Plus he’s not a yes Sir type. I guess that’s why the Mayor didn’t appoint him?
When it comes to the leadership of this State and City, both are a mess. The Governor and the Mayor’s policies have failed the voters and both need to be voted out of office. Councilor Burgo is clearly not the answer for a better New Bedford. 100% we need new leadership in the Governor and Mayor’s Office and the City Council.
Your not looking for a court case wasting tax payers money, instead change the language in the charter for furture appointments.
Shane. Good work! Stand by the rules. If you let the Mayor do it once, he’ll keep doing it. For some reason the Mayor thinks we’re all going to sit back and let it happen. We’re not going to take it anymore! It must be stopped in it’s track.
Stop it now! Before you know it, it’s going to be like the HCS director submitting paperwork stating a certain employee ( that was to be fired) was support by others. Lying and that person still remains, both remain. Stop the mayor and stop all other activities not following protocol!
The council’s lawyer is reviewing the mayor’s lawyer’s opinion to decide if the lawyers should go argue in front of the court about a police chief that the council president said he’d rubber stamp if given then chance. Good time to be a municipal lawyer! And who pays the legal fees? Me and you.
This situation seems like what goes on “up the hill” since 2014. Protocol is in place for a reason. Time for rules to be followed! This should have never been reported when the mayor choose because the council did not vote. STOP THE MADNESS IN NEW BEDFORD. If the Mayor gets away with something once, I can bet he’ll do it again. Just like “Up the hill.”
A out of town resident becomes the Mayor’s Chief of Police for a staggering 250,000 dollars a year plus expenses.
That’s a completely appropriate salary for a chief of police in a mid-sized city, especially for a candidate who has led a larger department and brings so much more to the table in terms of experience, education and credibility than any internal candidate likely could at this time. As with any profession, an employer is only going to attract the caliber of talent that they’re willing to pay for.
Why should residence be a factor?
250K is not of line
To think that $500,000 for the Z’s operating costs would cover the chief and superintendent of schools salaries.
I’m confident the compensation package is similar for similar cities with the same population count.
I can’t imagine someone with an education, military experience, and previous experience in different law enforcement positions.
Well there are overpaid employees that live outside the city “up the hill.” FACT!
Can we get Scott Lang back, or at least have serious people run for mayor next time? I don’t want my only choices to be “stay the course” or “lets swing totally leftist/socialist”. There has to be someone who wants to improve the quality of life in NB without ignoring crime and illegals(crime is down) or setting up tent cities. Please.
Public service, whether civil service or administration positions need to fall back on honesty. They do criminal background and cori checks up the hill. However referrals need to be looked into. Currently it’s a chain of unethical persons holding positions. This is unacceptable.
These New Bedford city councilors are getting big heads for the position they’re in, and every one of them should be reminded several times per year with the simple statement, you’re not as as you think. The New Bedford City Council has become the opposition group who spends more time opposing everything Mayor Jon Mitchell proposes, it’s very similar to Democrats in the House of Representatives, and the US Senate Democrats, they simply oppose everything President Trump does, even as he’s shown time after time that it can be, should be, and will be done as directed, with a great example is calling up the National Guard, and federal law enforcement officers Washington DC, that have done more in seven days than Bowser, and the Maryland chief of Police have done on seven years, and Democrats are opposed to it, despite the number of arrests made, removed over 1,000 guns, a large quantity of illegal drugs.
How can anyone with half a brain, and a shred of intelligence be opposed to that? Trump will never get any positive feedback from DC officials, or Congressional Democrats, and that’s New Bedford on a much smaller level.