Mayor, Officer DeNapoli Come to Agreement on Retirement Package

Mayor Scott Galvin said he and Officer Robert DeNapoli have come to an agreement on a disability retirement package following several meetings. 

Galvin wrote to the City Council that he will go before the council on Tuesday to discuss the agreement and seek the council’s approval of the deal, which will still need to get state Legislature approval.

The DeNapoli deal includes 100% pay for DeNapoli until the age of 65 when the disability retirement allowance will revert to 80% of the average annual rate of compensation paid in the previous 12 months. The 80% figure was proposed by Galvin previously, but a majority of the council supported 100% after the age of 65. The City Council's 100% plan was vetoed by Galvin.

In addition, the agreement would indemnify DeNapoli for “hospital, medical, and other healthcare expenses related to treatment of injuries sustained while in the line of duty on September 6, 2011, or not otherwise covered by health insurance.”

DeNapoli was shot multiple times and seriously wounded during a robbery attempt at a jewelry store in 2011. His injuries forced the officer to retire. 

The issue of DeNapoli’s retirement package has been a controversial topic over the past year. The retirement debate pitted Galvin, who sought 80% pay after the age of 65, against a majority of the City Council, which wanted 100% pay after the age of 65.

Agreement

Here is the proposed special act by Galvin:

ORDERED            Be it ordained by the City Council of the City of Woburn that a petition be filed with the General Court to the end that legislation be adopted precisely as follows.  The General Court may make clerical or editorial changes of form only to the bill, unless the Mayor approves amendments to the bill before enactment by the General Court.  The Mayor is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.

An Act relative to the disability retirement of Woburn police officer Robert DeNapoli.

SECTION 1.  Notwithstanding any general or special law to the contrary and in order to promote the public good, the Woburn retirement board is directed to retire Robert DeNapoli, a Woburn Police Department Officer who was seriously injured in the line of duty on September 6, 2011, and as a result, is totally and permanently incapacitated from performing the essential duties of a police officer. Said benefits shall be paid and administered in accordance with section 7 of chapter 32 of the General Laws.

SECTION 2. In addition to the retirement benefits  granted under section 7 of Chapter 32 hereunder, the city of Woburn shall grant Robert DeNapoli additional  benefits, such that he will receive, on a pre- tax basis, additional sums that together with his benefits under said section 7 of chapter 32, shall equal the regular rate of compensation which would have been payable to the said Robert DeNapoli had he continued in service as a police officer of the police department of the city of Woburn at the grade held by him at the time of his retirement.  Such retirement shall become effective commencing on the date immediately following the final day for which he received regular compensation for such employment. This increased disability retirement allowance shall end when the said Robert DeNapoli turns 65 years of age at which time his disability retirement allowance shall revert to an amount equal to 80 per cent of the average annual rate of compensation paid in the previous 12 months, or upon his death, whichever first occurs.  The additional benefits granted herein shall be funded and administered by the Woburn retirement board, consistent with and subject to said chapter 32, except that sections 8 and 91A of said chapter 32 shall not apply. Further, upon retirement, Robert DeNapoli shall receive a lump sum payment from the Woburn retirement board of total accumulated retirement deductions.

SECTION 3. If the said Robert DeNapoli is married at the time of retirement, then upon his death, the Woburn retirement board is directed to pay to such surviving spouse, if then living, a pension,  payable in monthly installments, in the  amount of three-fourths of the annualized amount of the pension payable to the said Robert DeNapoli on the date of death.  Said pension shall be subject to section 103 of chapter 32.

SECTION 4. The said Robert DeNapoli shall be indemnified for hospital, medical, and other healthcare expenses related to treatment of injuries sustained while in the line of duty on September 6, 2011, or not otherwise covered by health insurance. 

SECTION 5. This act shall take effect upon its passage. 

Previous coverage

Here is previous coverage of the Officer DeNapoli retirement issue: