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New Bedford council says mayor must formally submit police chief for confirmation; legal opinion says chief not lawfully installed
Summary
The City Council debated Mayor Mitchell’s announcement of a new police chief and a city solicitor opinion that the appointment is not subject to council confirmation. City attorney Yaratowski told the council it is his opinion the chief cannot serve as department head until confirmed; the council voted for no further action on the mayor’s letter.
The New Bedford City Council on Thursday debated the legal status of a newly appointed police chief after Mayor Jon Mitchell’s office sent a letter saying the appointment was not subject to council confirmation.
Attorney Yaratowski told the council, “It’s my opinion that you cannot be installed as the chief of police department unless he is confirmed by the city council.” The attorney added that nothing in the city code can negate the charter requirement for confirmation of department heads.
The dispute began when the mayor’s communication argued the council had no role in confirming the chief. Councilor Joseph Pereira (Ward 6) and others said the mayor’s letter did not substitute for the formal submission the council normally receives for department-head confirmations. Councilor Maria Giesta said the issue was “wasting” city resources and urged the administration to follow the established process. Councilor Sean Oliver said the matter was about the council defending its charter authority, not about the fitness of the candidate. Council President Brian Gomes, chair of public safety, said the mayor should formally send the appointment to the council so the body can act.
Yaratowski said the mayor’s approach appears designed to avoid a judicial controversy by creating the appearance that there is no formal appointment to review. “The mayor has given this gentleman the authority to handle the police department while we think illegally,” he told the council, and said any final determination belongs in court if the parties cannot agree.
After extended remarks by multiple councilors, the council adopted a procedural motion for no further action on the mayor’s communication. The motion was made by Councilor Brian Gomes and seconded by Councilor Sean Oliver; the motion passed on a voice vote.
The council did not hold a confirmation hearing or vote on the chief during the meeting. Several councilors urged the administration to formally submit the appointment so the council can hold its normal confirmation process.
Councilors who spoke during the discussion included Councilor Joseph Pereira (Ward 6), Councilor Linda Morad (councilor at large), Councilor Sean Oliver (Ward 3), Council President Brian Gomes (councilor at large), Councilor Ian Abru (councilor at large), and others. Attorney Yaratowski provided the legal opinion on council authority.
The council’s action was procedural; it did not order litigation. Council members repeatedly said that if the disagreement continues it may be decided in the courts, and several urged the mayor’s office to follow the city’s established appointment and confirmation procedures going forward.
