Worcester Under Pressure To Release Police Discipline Records

WORCESTER, MA — Worcester's largest newspaper has stepped up pressure on the city to release records on police discipline, a move that comes as city leaders have recently expressed solidarity with protesters following the killing of George Floyd.

The Worcester Telegram & Gazette sued the city in 2018 after officials denied a public records request seeking documents related to 17 officers accused of misdeeds. On June 16, the newspaper's lawyer filed a motion to expedite the release of those records. A trial has been tentatively set for November, but may not occur until later due to coronavirus court closures.

The Telegram's lawsuit relies on a ruling made in 2003, when the newspaper previously sued the city over the release of disciplinary records. The state Appeals Court ruled then that discipline records can be released under the state's public records law.

The lawsuit from 2018 has taken on new meaning due to recent protests, Telegram attorney Jeffrey Pyle wrote in a June 16 motion. The records need to be released "to ensure that the public is aware of potential problem officers, and of what the police department has done — or failed to do — to address incidents of alleged police brutality."

The city has not responded to that motion as Thursday morning, Pyle said.

City Manager Edward Augustus Jr., Mayor Joseph Petty and police Chief Steven Sargent have attended recent protests following Floyd's killing. Petty and Augustus issued a joint statement June 1 decrying systemic racism, although their statement did not mention police.

"Through amendments and court decisions, and through protests like those we are seeing now, we have seen change," the June 1 statement said. "We must not stop fighting for justice. We must not become complacent in our demand for equality. That is why we applaud those using their constitutional rights of free speech and public assembly."

In his own statement, Sargent denounced the Floyd killing, and feared that it could erode trust in local police.

"Although this tragic event happened thousands of miles away, it has the potential to impact us here and damage the relationships that we have built," he said in his May 30 statement. "Now more than ever, it is critical that we work with the community. I believe that the strong connections our officers have made in our neighborhoods and the trust they have built will allow us to overcome… Together."

Worcester officials are fighting the release of disciplinary records because it might jeopardize the city's ability to defend officers being sued for wrongdoing, according to the Telegram. The city has been sued over the conduct of at least five of the 17 officers the Telegram is seeking records on. More recently, Worcester was sued in late 2019 in federal court by a man who spent more than 1,000 days in prison after an officer conducted an unlawful search, according to the lawsuit.

Recent protests have focused heavily on police reform, with demonstrators asking for greater transparency about officers who use force and civilian oversight. In Worcester, the burgeoning Defund WPD group has been pressuring the City Council to reduce funding for the police department in the 2021 budget. The group is also trying to compile its own list of Worcester police misconduct incidents.

"Worcester has a long history of hiding records of excessive force, civilian complaints, and other police misconduct from the public," the group said in a statement this week. "While this problem predates [Augustus], it is one he can end by authorizing the release of these disciplinary records to the Telegram and Gazette and making it easier for the public to obtain them in the future."

In his June 16 motion, Pyle referenced the Floyd killing, saying that Worcester's withholding of police records "risks leaving a potential Derek Chauvin in the ranks of the [department]."

"The public records at issue in this lawsuit are central to the ongoing local and national debate," he wrote.