NEW BEDFORD (WBSM) — The battle between the New Bedford City Council and Mayor Jon Mitchell has escalated to the next step, as the council formally filed an action in Bristol County Superior Court seeking a declaratory judgment on the council’s role in the confirmation of the city’s police chief. “In announcing his decision, Mayor Mitchell reminded the council that the City Code does not require council confirmation, but he would ask Chief Thody to address the council to introduce himself and hear the council’s thoughts about the future of the department,” according to a City release. Mitchell and City Solicitor Eric Jaikes say that the City Code essentially makes the mayor the department head of the police department, and therefore anyone he hires is not subject to council confirmation. Mitchell: Council Is "Wasting Taxpayer Resources"“When they should be more concerned about the police department’s public safety priorities, the council instead is wasting taxpayer resources to score what it believes are political points,” Mitchell said. “If the council truly believes that the appointment is subject to confirmation, one might ask, why has it not held a confirmation vote?