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Council votes to seek court ruling on whether police chief must be confirmed
Summary
After a solicitor's opinion and lengthy debate, the New Bedford City Council voted to instruct its attorney to file a complaint seeking a declaratory judgment on whether the police chief is a department head subject to council confirmation under the city charter.
The New Bedford City Council on Aug. 21 voted to authorize the council attorney to file a complaint seeking a declaratory judgment on who has appointment authority for the police chief.
Attorney David Geratowski told the council the city charter generally requires that "all heads of departments...be appointed by the mayor, subject to confirmation by the city council," and that the city code describes the police chief as head of the police department. "If the police chief is a department head, he must be confirmed by the city council," Geratowski said during an extended legal briefing.
Councilors debated options including sending a formal request to the mayor asking that the chief be submitted for confirmation, pursuing court action to settle the question, or simply inviting the chief to appear before the body. Councilor Ryan Perera moved to instruct the attorney to file a complaint for a declaratory judgment; the motion was seconded by Councilor Maria Giesta and carried on voice vote.
Supporters of the court route said a judicial ruling would settle an institutional question that affects the council’s authority going forward. Opponents urged exhausting administrative and interbranch requests first to avoid litigation costs. Attorney Geratowski told members that a declaratory-judgment filing is typically focused on legal interpretation and may not require a full trial; he also said any out-of-pocket filing fees would be minimal, and that he did not anticipate substantial litigation billings.
The council’s motion does not remove the chief from duty or change day-to-day operations; it seeks a court determination of the council’s confirmation authority. Councilors also discussed whether the chief had been sworn in; that point was not resolved within the meeting and would be clarified in follow-up inquiries.
Next steps: the council has authorized the solicitor to prepare and file a complaint; the attorney will report back on filing and scheduling.
