NEW BEDFORD – The issue of whether Police Chief Jason Thody has been “properly and legally” appointed chief without City Council confirmation is now in Superior Court.

The council followed through on its deliberation to seek a declaratory judgment from the court to clarify the issue. It was filed Sept. 19 by the board’s legal counsel, attorney David Gerwatowski.

Gerwatowski has maintained that the council’s confirmation is required for Thody’s appointment by City Charter.

The City Charter states all mayoral department head appointments must be confirmed by the council, and that the police chief is a department head, he has said. The lack of proper confirmation makes the appointment illegal, he said during the council’s Sept. 11 meeting .

City Council President Shane Burgo first rai

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