NEW BEDFORD – The City Council will ask the court to decide whether it was bypassed when Mayor Jon Mitchell appointed Police Chief Jason Thody.

City Council President Shane Burgo raised the issue , saying the City Council is empowered to confirm the appointment but had been bypassed.

He requested an opinion from City Solicitor Eric Jaikes on July 23 after conferring with board legal counsel, David Gerwatowski.

Jaikes’ opinion was returned on July 25 stating that he didn’t believe council confirmation was necessary. Thody was publicly named chief by Mitchell during a press conference on June 24 .

Burgo didn’t agree with Jaikes and neither did Gerwatowski, who called into question the appointment’s legality without council confirmation.

Department head appointments require confirmati

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