Fall River council votes to seek judicial ruling on charter disputes after months of conflicting legal opinions

The Fall River City Council on Monday adopted a resolution directing the council to pursue a judicial determination about how the city charter defines the council’s authority, including whether the council may confirm certain reappointments and investigate city departments with hiring of outside legal assistance if necessary.

The ordinance committee had spent multiple meetings discussing differences between the council’s reading of charter Article II and opinions offered by corporation counsel. Supporters of the resolution said a judge’s written, binding ruling is the only way to resolve the persistent ambiguity and stop recurring disputes over the council’s access to information and confirmation authority.

Opponents warned the step could require hiring outside counsel at taxpayer expense and risk creating adversarial relations with the administration. Councilors debating the measure asked practical questions about who would be the plaintiff and defendant, how a case would be formulated and where funding would come from. Ordinance committee members said the council could pursue a declaratory judgment and would need to retain counsel to prepare and present the case.

After extended debate the council adopted the resolution. At least two councilors registered objections during discussion; the measure will proceed to identify counsel and next steps.

What happens next: the council will decide whether to hire outside counsel and, if so, the scope of the legal claim (likely a declaratory judgment seeking the court’s interpretation of specific charter sections). The council also discussed funding the legal action from council-available lines or via a supplemental appropriation.

Quotes and details in this article are drawn from council floor debate and committee reports recorded in the transcript.