Brookline Rejects Ban On Spending In Firefighter Lawsuit

BROOKLINE, MA — Town Meeting on Wednesday rejected a proposal to require the town to limit its spending on litigation related to a former firefighter who reported racial harassment and retaliation before he was fired in 2016.

The proposal was rejected by a vote of 130 opposed to 89 in favor. Its failure was vindication for town officials who want to finish fighting the case involving firefighter Gerald Alston.

Some say Wednesday's vote was essentially a reversal of a vote during June's Town Meeting, which voted in favor of a measure that would prohibit the Select Board from spending fiscal 2021 money on the case of Alston, whose firing in 2016 sparked litigation that has dragged on for years. The Select Board disregarded that June vote and argued Town Meeting lacks authority to set such limits, saying the town is bound by state law to defend itself in court. The board also said it had not yet needed to use funds from the next budget yet, anyway.

So this fall, several Town Meeting members found a way to force the Select Board not to spend more money contesting the Alston case by closing what they dubbed a legal loophole.

"The purpose of this warrant article is to make it absolutely clear that the select board needs approval before litigating any cases," wrote petitioner and Town Meeting member Anne Weaver. "Frivolous spending of town money benefiting individual town administrators needs to stop. "

Weaver said it didn't make sense for the Select Board to spend money litigating the Alston appeal in the middle of a budget crisis.

"Profligate spending on a personal vendetta is not sound fiscal policy," she said Wednesday.

Town Counsel Joslin Murphy said last year the town had spent $133,888 on outside counsel for the case. It's not clear how much money has been spent on the Alston case since last October. But the town said it hasn't yet dipped into Fiscal 2021 funds yet.

"If warrant article 31 had been approved, it would have had no effect on the Alston Civil Service case, which is schedule to be heard by the Supreme Judicial Court in January, or on Alston's appeal of the decision of the United States District Court that dismissed his claims of discrimination and retaliation," Murphy said in an email to Patch Thursday night.

Opponents said they thought the new proposal was of questionable legality.

"What Article 31 represents is an attempt to double down on a risky assertion of power with no clear evidence that Town Meeting will, in fact, step up and deal with the consequences," said Select Board member John VanScoyoc, who along with the majority of the board were against the move.

"We are obligated by state law, and common sense, to fund certain activities. We're obligated by state law and common sense in our ability to defund or impose conditions," Advisory Committee member Neil Gordon said.

But petitioners described the proposal as a way for the town move on.

"The Alston case has been a sore on this town for 10 years. Enough is enough," said Scott Ananian, who said it's up to the state attorney general to rule on the legality of the measure.

Brookline residents upset with the town's appealing of the harassment litigation could bring a lawsuit against the town should it dip into fiscal 2021 funds related to the case, he said.

Previously: Brookline Town Meeting Votes To Block Funding

Transparency in budget process

Also on Wednesday night, Brookline's elected representatives took up a nonbinding resolution that would ask the Select Board and the School Committee to make changes to the Town / School Partnership and budgeting process and include evaluating and considering a participatory budgeting process.

Proponents argued the resolution would help the town be transparent and encourage participation in its budgetary process.

"Budgets are inherently political documents, and they speak volumes about priorities and can any one of us truly state what our town's priorities truly are?" said the vice chair of the Commission for Diversity Inclusion and Community Relations Bob Lepson.

Training for the people who vote on the budget

The town's leaders also passed a proposal that would suggest, but not require, all Town Meeting members, Advisory Committee Members and other elected officials and individuals appointed to any board or commission to fulfill a fiscal education requirement.

"Much like an electrician should know how to turn on a light beyond just flipping a switch so should elected and appointed officials who impact the town's budget have some financial training," said Town Meeting member Amy Hummel "This is certainly true of Town Meeting, the town's legislative body, which has the power of the purse."

Town Meeting members vote on a $300 million budget every year.

"If we don't have enough information to really understand how this process works, it leaves us vulnerable to just being a rubber stamp," said Town Meeting member Mike Toffel.

Previously

The annual fall Town Meeting began Nov. 17, with the town's legislative branch approving spending an extra $33 million on the renovations at the high school. It also approved, despite pushback, a 2.5 percent wage increase for the police department.

On night two, they approved adjusting rules surrounding affordable housing. A long-awaited decision about short-term rentals, such as Airbnb, was sent to be discussed at a moderator's committee.

On night three, the town approved a measure to limit tobacco sales and a plan to remove all gendered pronouns in its bylaws and general laws. Voters also agreed to limit the town's power to make nondisclosure agreements a condition for settling some lawsuits when they involve harassment or police.

On night four, Brookline joined Cambridge and Amherst in approving ranked-choice voting during town elections.

See how Town Meeting voted on Night 5:

Article 33: Resolution regarding the Town/School Partnership and managing budget priorities

• Vote: passes with 215 in favor, 3 opposed and 8 abstaining.

Article 28: Proposal to establish a fiscal education requirement for all Town Meeting Members, Advisory Committee Members and other elected officials and individuals appointed to any Board or Commission.

• Vote: Select Board motion (training only recommended, not required and only twice a year): 140 in favor, 83 opposed and 9 abstentions.
• Vote: Main motion with Select Board amendment passes with 182 in favor, 40 opposed and 8 abstentions

Article 31: Amend article 3.1 of the Town's General By-laws, litigation and claims.

• Vote: Main motion fails with 89 in favor, 130 opposed and 11 abstaining

Article 32 Resolution regarding budget equity

• Vote: Passes with 224 in favor, 3 opposed and 2 abstaining

Article 36 To provide for an increase in compensation for members of the Select Board

• Vote: Fails with 99 in favor, 112 opposed and 16 abstaining.

Article 37: To provide for compensation for members of the School Committee.

• Vote: Select Board amendment adds $15,000 for members and $20,000 for chair and vice chair. Fails with 93 in favor, 120 opposed and 14 abstaining.

Read more:

Night 4: Brookline To Vote On Whether To Stop Voting For Town Clerk

Night 3: Town Meeting Passes Proposal To Phase Out Tobacco Use

Night 2:Town Meeting Adjusts Affordable Housing, Eyes Airbnb

Night 1: Town Meeting Approves $33M For Brookline High School

Read more about the full docket at Brookline Fall Town Meeting 2020.

Jenna Fisher is a news reporter for Patch. Got a tip? She can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna). Have a something you'd like posted on the Patch? Here's how.