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The New Bedford filibuster is on.
City councilors decided on Thursday night that they will not act on most items from Mayor Jon Mitchell until the mayor begins a confirmation process for the new chief of police.
Mitchell has contended that the council’s confirmation is not necessary for a police chief, which steamed the council on an otherwise cool September evening.
“It would be my recommendation that … you put every item that the administration submits to the council that doesn’t affect the general working of the city … on the table,” said Linda Morad, the longtime and soon-retiring councilor. “Two can play the same game — until the time that the administration shows the respect to this body that this body deserves.”
The City Council apparently agreed.
Councilors tabled a new zoning proposal on accessory dwelling units — the housing option sometimes known as “granny flats” — and a zoning proposal on rooftop solar panels. They did, however, act on the one other item the mayor had sent: reappointing a member of the Conservation Commission.
The council will also move forward with a lawsuit against the Mitchell administration, said Council President Shane Burgo, which will seek a declaratory judgment forcing Mitchell to submit the police chief for council approval.
“We are in the process of having it filed with the courts,” Burgo said in an interview. The only reason that lawsuit has not yet been filed is because the council needs the administration’s approval for the court filing fee, Burgo said.
“Just like anything in government, there are checks and balances along the way … which I support and think is appropriate,” Burgo said.
Meanwhile, the Mitchell administration said in a statement on Friday that the mayor does not intend to submit the police chief’s confirmation to the council, but said the council could vote on its own.
“Nothing is preventing the City Council from voting on Chief Thody’s appointment,” said Jonathan Darling, the city’s public information officer. “Neither the City Code nor state law require the Mayor to formally request an appointee’s confirmation. The Council is free to proceed with a vote, even if the administration believes that the police chief’s appointment is not subject to confirmation.”
Burgo disagreed with this description and fired back. “This is a part of the overarching theme of this administration: they continue to mislead the public on these matters. The mayor is well aware of how mayoral appointments take place. It is not the role of the council to schedule confirmation hearings.”
On Thursday night, councilors spoke at length about checks and balances. They said they would likely confirm Thody if they receive a nomination from the mayor, which is the process that is regularly followed for all department heads.
“Let’s follow the rules of government in the City of New Bedford,” said Morad. “I have not talked to any colleague that doesn’t think we’re going to confirm the chief … It’s not a controversy event. It’s the way government works.”
Several other councilors, including Brian Gomes, Shawn Oliver, and Ryan Pereira, also implored the mayor to submit the chief’s approval to the council. Otherwise they would “hash it out in court,” Oliver said.
Mitchell had submitted a letter to the council for their Thursday session that reiterated his disagreement with the council. “Neither in law nor custom has the appointment of police chief been subject to the Council’s confirmation,” Mitchell wrote. He added, “Solicitor [Eric] Jaikes and I have discussed the Council’s arguments, and I believe his position is more consistent with the [City] Code.”
Since the city announced the selection of a new police chief in June — Jason Thody, the former police chief in Hartford, Conn. — Mitchell has maintained that the council’s approval is not required. 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.”
The council’s argument cites a state law that says, “All heads of departments and members of municipal boards … shall be appointed by the mayor, subject to confirmation by the city council.” The law enumerates a few exceptions, such as the School Committee.
Jaikes, in a previous letter, countered with 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 the council, The Light previously reported.
In New Bedford’s ordinances, different processes are spelled out for the approval of fire and police chiefs.
For the Police Department, ordinances say that officers and constables need council approval, while the chief is not specifically mentioned: “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.”
For the Fire Department, ordinances do mention the chief: “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.”
Until the matter comes before a judge, councilors are using another tactic to put pressure on the mayor. Through a body-wide filibuster, the council refused to process, approve, or discuss most other actions submitted by New Bedford’s chief executive.
Morad argued to her colleagues: “If any of you think this isn’t a big issue — it is. The next commissioner of the department of … whatever … you may not be able to confirm them.” She also sardonically referred to the mayor by a new title: “King Mitchell.”
“We’re not looking to jam up anything that is urgent and that needs to be taken care of right away,” said Burgo, adding that the reappointment to the Conservation Commission counted as one such necessary action. “Other items that have been taking their sweet time coming from the administration that go to committee anyway,” those were fine to “send a message” over, Burgo said.
Burgo wouldn’t commit to how long this filibuster-like action would go on, saying, “If that’s the will of the body, then I guess that’s how we’ll proceed.”
Thody has been acting as police chief since July 14. He was hired in late June after a monthslong process conducted in relative secrecy and shaped by outside consulting firms 21st Century Policing Solutions and Jensen Hughes. Thody 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; most of that request is still pending.
When Mitchell announced Thody’s appointment on June 24, a city press release said Thody would address the City Council once sworn in, by request from the mayor, to share his thoughts on the department’s future. Thody has appeared before the City Council, but has not yet given that address.
Darling, the city’s public information officer, said on Friday: “Chief Thody remains ready to appear before the Council and answer its questions about his approach to public safety. In the meantime, he is fully engaged in leading the important work of the police department.”
Thody’s challenges include reforming the department in light of a critical evaluation of its internal affairs and narcotics divisions, issued by 21st Century Policing Solutions in late August. Several of its criticisms overlap with those in a 2023 report by Jensen Hughes. Thody said the new report will provide a “useful roadmap for continuous improvement.”
Anastasia Lennon contributed reporting to this article.
Email Colin Hogan at chogan@newbedfordlight.org
Time to set the record straight, it is obvious this mayor does play well with others, and the council is correct to let the courts decide. This mayor on many occasions has made his own interpretation of how the procedures provided in the City Charter work and not everyone agrees with him. Looking forward to the court’s decision.
how is this any different than what they’ve been doing for the last ten years?
I have tried to research this, and have checked the links for state law in this article and don’t know what to think about it. I have read that even if a city has a home rule charter, the state still imposes restrictions that limit what a city can do.
As of 2017, the cities of Massachusetts that currently operate under a Plan B charter are: ,Fitchburg, Gardner, New Bedford, Revere and Salem .
Has anyone checked to see how these communities have hired and appointed their police chiefs?
The Mayor does what he wants to and has no regard for the council wishes to have a chief that is a police officer with a vested interest in the welfare of our city’s residents.
One may think that the city council carries the same mindset…
In a plan B city as NEW BEDFORD is the hiring process for chief of police is divided between the Mayor and the CITY COUNCIL. The mayor makes the appointment, and the CITY COUNCIL MUST APPROVE. IT’S THAT SIMPLE. AND THAT IS HOW IT’S WRITTEN IN THE PLAN B CHARTER. Why does this mayor think he can usurp his power? He doesn’t care about the people who would have rather seen a NEW BEDFORD POLICE APPOINTED .
In a city so deep in crisis and decline it’s beyond laughable that these councilors are pouting like children about not getting to have a say(which they’re not entitled to) on perhaps the most qualified individual ever put forth to lead the New Bedford Police Department.