Worcester Police Bodycam Stipends 'Legally Complete' Before Council Vote: Memo

WORCESTER, MA — The Worcester City Council approved funding for $1,300 stipends for police who wear body cameras almost a year ago, long before the exact sum was ever made public, according to a memo sent to councilors by City Solicitor Michael Traynor.

The memo was shared with councilors this week following a meeting Tuesday when At-Large Councilor Kate Toomey held a vote to approve the stipends. Toomey did not respond to a request for comment about why she held the item.

According to Traynor's memo, councilors approved a nearly $5 million appropriation for City Manager Eric Batista's contingency fund when they approved the fiscal 2023 budget in June 2023. That contingency fund contained a $1.26 million line item for "ongoing union negotiations" — which Traynor says can be used for the $1,300 bodycam stipends.

"Consequently, because the city manager has the power to control the extent of expenditures committed to that purpose, funding the stipend is legally complete," the memo says.

Traynor's opinion recalls a city council debate one year ago over the Worcester police drone program. When police presented the drone proposal to councilors, Traynor said the council did need to vote on the program since they had already appropriated the money months prior by accepting a $100,000 state grant. At the time of the vote, the state grant was identified as being for a new K9, not drones.

At-Large Councilor Thu Nguyen shared Traynor's opinion on social media Thursday. Apart from funding the stipends, the memo also outlines that councilors do still have to vote to amend the city's salary ordinance for the new police pay arrangement. Councilors also have to vote to transfer the money from the city manager's account to the police department.

"The parties reached agreement on a stipend and that is now a binding contractual agreement that the city has a legal duty to honor," the memo says. "The votes to amend the salary ordinance and transfer the necessary funds to the police department are not discretionary acts, the City Council is legally obligated to amend the ordinance and transfer the funds."

Batista has been negotiating a police pay raise related to bodycams for months. Councilors were kept up-to-date on the negotiations, but didn't have a say on the exact amount. The stipends — $1,300 per year in perpetuity for about 300 officers, plus a $650 payment before June — were made public as part of last week's city council agenda.

About 300 Worcester officers began wearing bodycams at the end of February. Unions representing local police have argued police needed the pay increase because the cameras are a change in working conditions.

Toomey's hold on the stipend item only delays the vote for a week, meaning the issue will likely be up for a vote at the May 2 meeting.