City Council Again Approves 100 Percent Pay for Life for Officer DeNapoli

The Woburn City Council voted to amend the revised benefit package for Officer Robert DeNapoli put forward by Mayor Scott Galvin last week to make it the same as the package originally approved and sent to the state. 

That revised package, approved 6-3 by the City Council on June 18. 

DeNapoli was injured responding to a September 6, 2011 robbery of a jewelry store in Woburn's Four Corners. He was shot six times and as a result lost sight in one eye and doctor's needed to remove his trigger finger. He also still has shrapnel in his body. DeNapoli retired from the force in November of 2012 after over a year of physical therapy. 

The debate in the meeting was over two key points of the special legislation on the benefit package. The first is whether DeNapoli should receive 100 percent of his pay, based on his salary the year before retirement, when he turns 65 or if his payout should drop to 80 percent post retirement. Mayor Galvin is in favor of the 80 percent pay after the age of 65 while a majority of aldermen support keeping his pay at 100 percent after retirement. 

Last week Galvin sent a revised bill for the council's consideration during Tuesday night's meeting that had DeNapoli's pay go down to 80 percent. The bill put forward by the mayor also removed a lump sum payout, also known as a "death benefit." This annuity was a fund DeNapoli payed into during his time on the force. 

Galvin said that the benefit package he proposed was "one of most comprehensive and generous ever presented to a police officer injured in line of duty" and that having DeNapoli's pay cut to 80 percent after retirement was a balance between the city's obligation to the officer and to the city's finances and use of taxpayer money. He also said that this decision will set a precedent that could be costly in the long run if the city faces similar situations in the future. 

Galvin also said that unlike other packages DeNapoli would be able to get another job without affecting his pension. The pension would also be exempt from state and federal taxes. 

A majority of aldermen disagreed. The city council voted 6-3 to revise the bill to re-instate the annuity, which at the meeting was stated to be around $86,000, and to keep DeNapoli's pay at 100 percent after he turns 65. Those against were Council President Paul J. Denaro, Ward 4 Alderman Michael D. Anderson and Ward 5 Alderman Darlene Mercer-Bruen. 

There were also concerns raised by those against the bill that if the city council sent this revised package to Galvin's office he may not sign it. After 10 days it will be sent to the state legislature without his signature. The first bill was sent to the state without a signature and was kicked back to the city. 

The concern is that if that happens and no deal can be made between the city council, the mayor and the DeNapoli family, the state's regular disability program will be forced upon the city. The "regular disability" package has the post-retirement pension set at 72 percent of the average of the previous three month's salary. 

Those in favor of pushing for the full 100 percent pay after retirement and the re-instating of the annuity argued that the city owed DeNapoli for his service. 

"I want to set that precedent," Ward 7 Alderman Raymond B. Drapeau said, referring to the precedent of giving 100 percent of pay for life to disabled police officers. "I feel Officer DeNapoli made the ultimate sacrifice, just short of giving his life, for our safety. To be as valiant as he was in that situation makes me feel he deserves full pay for the rest of his life. I feel that spending an extra $182,000 (estimated difference between 80 and 100 percent) is worth it. It sends the message to our officers that when you go to work everyday and put your life on the line we are going to take care of you."

Ward 1 Alderman Rosa DiTucci also argued strongly against the reduction to 80 percent. She took up an argument put forward by the mayor that this package was similar to one recently passed in Somerville for an officer there injured in the line of duty. Check back with Woburn Patch for a follow-up topic on that issue. 

There was also a vote to remove language from Galvin's new proposal in regards to DeNapoli's health insurance. The bill stated "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."

The proposal to remove that language was put forward by DiTucci. 

"That kicks all the claims to the DeNapoli family’s insurance first and then goes to the city of Woburn," she said. "I suggest we take that burden away and make it the way it was in first package."

DiTucci explained in a phone conversation Wednesday morning that removing the new language does not mean that the city would take upon additional responsibilities related to DeNapoli's health insurance. Instead she said the language would have create an extra step in the claims process and that any claims DeNapoli made, due to his disability status, would have automatically been rejected and sent to Woburn as a course of procedure. 

That proposed changed passed 7-2 with Council President Paul J. Denaro, Ward 4 Alderman Michael D. Anderson voting against it. 

The benefit package will now be sent to Mayor Galvin's office. Woburn Patch will follow up with the mayor to ask if he intends to sign, veto or allow the bill to go to the state without a signature. A call to the mayor's cell phone after the decision was made was not returned before publication. 

Woburn Patch also conducted a video interview with DeNapoli. Check back soon for that post.