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Council instructs solicitor to seek court ruling on whether police chief appointment requires council confirmation

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Summary

After a lengthy debate about the city charter and appointment powers, the New Bedford City Council voted to instruct the city solicitor to file a complaint seeking a court ruling on whether the mayor's appointment of the police chief requires council confirmation.

The New Bedford City Council voted to instruct the city solicitor to file a complaint in the appropriate court seeking a declaratory judgment on whether the mayor’s appointment of the police chief is subject to City Council confirmation under the city charter.

Attorney David Geratowsky, appearing at the council’s request, told members the charter requires that “all heads of departments” be appointed by the mayor “subject to confirmation by the city council,” and that the city code also names the police chief as head of the police department (citing New Bedford City Code §19‑91). Geratowsky said he found no specific charter or statute that exempts the police chief from council confirmation and noted a section of state law permitting a mayor to enter an employment contract with a police chief (chapter 41, §1080/§108o) does…

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