Brookline To Fired Firefighter Gerald Alston: Sorry

BROOKLINE, MA — Brookline will issue an apology to Gerald Alston, the former Brookline firefighter who the town fired after he came forward to report a supervisor had left a voicemail with a racial epithet on it.

Town Meeting members discussed at length whether to issue a formal apology before the vote. Some argued it could hurt the town, which is still facing litigation from Alston.

Newly elected Select Board member Raul Fernandez said enough was enough after a decade of back and forth and offered Alston an apology, although the Select Board had voted not to.

“Mr. Alston, I’m sorry that we let you down,” Fernandez said. “I’m sorry that our actions brought you pain and damaged your reputation.”

In the end, 111 Town Meeting Members voted in favor of asking the town to issue a formal apology, 66 voted against it, and 11 abstained (52 Town Meeting members were not present or did not plug in their answers).

Town Meeting Member Donelle O'Neal Sr. of Precinct 4 said while what happened to Alston was terrible, it was not out of character for the town. And that was why he said he was not going to vote in favor of an apology:

"I'm standing for changed behavior and accountability for Brookline's department heads and boards," he said.

O'Neal, who called himself the "chocolate chip in the DPW cookie" at one point, said town officials had a problem with the way it treated residents like him for many decades, calling it inhumane, heartless, and unsympathetic.

This resolution won't activate change, he said.

"This is not just about optics, it's about badly needed systemic change. Brookline must stop passing nonbinding resolutions like this and start sitting down and doing the work," he said. "What kind of apology is this anyway? And why are we apologizing to only Mr. Alston? What about every other victim of racism and discrimination in town? What happened to Gerald Alston was horrible, but we are not doing him or anyone else justice by passing this warrant article."

The judge's ruling

A Suffolk Superior Court judge said the town cannot hold off on reinstating a firefighter after the Civil Service Commission ruled he was wrongly fired. Last month, the town appealed the commission's ruling to reinstate Gerald Alston, who came forward to report a racial epithet left on his voicemail nearly a decade ago and was fired in 2016.

Town officials said they were appealing the decision because they weren't clear what it meant and because of ongoing federal litigation. As they appealed, they asked a judge to put an injunction on the Civil Service Commission ruling to reinstate Alston.

But in an order issued in April, Judge Douglas Wilkins denied the town's Motion to Stay Enforcement of the Civil Service Commission decision and ordered an expedited briefing and consideration of the case.

Background
In 2010 then-firefighter Alston came forward to report that a racial slur was left on his voicemail by a white supervisor. He had the voicemail to prove it and that claim was not disputed, although the supervisor and an internal investigation concluded the slur was directed at someone else, not Alston. What was disputed, was the handling of the incident and the later promotion of the supervisor, who was also recognized by the White House for his work as a firefighter.

Alston was placed on paid leave in 2013 after the town claimed he made threatening comments at work. A doctor told the town Alston suffered emotional distress and anger as a result of his treatment in the department. In October 2014, he was placed on unpaid administrative leave.

Alston brought a federal suit against the town in 2015, with the help of Brookline attorney Brooks Ames, alleging a systemic pattern of racism and retaliation. The town fired Alston in 2016, saying he refused to return to duty or work with officials.

In March, after multiple appeals, the commission ruled the town failed to prevent retaliatory behavior against Alston and enabled the lieutenant to use his position to lobby other members of the force against him.

The commission said it was the town's own actions and inaction that made it impossible for Alston to return to work, which formed the basis of the town's decision to fire him.

The Brookline Select Board voted on March 12 to appeal the decision, despite push back from dozens of residents and Alston supporters asking them to drop it.

RELATED:

• Commission Rules Brookline Should Reinstate Black Firefighter(Feb. 17)
• Residents Ask Town To Apologize For Firing Black Firefighter (Feb. 19)
• Town To Decide Whether To Appeal Decision On Firefighter Alston(March 5)
• Town Will Appeal State Decision On Firefighter Alston (March 12)
• Fired Brookline Firefighter Seeks Reinstatement (March 28)
• Denies Reinstatement Stay Of Brookline Firefighter (April 2)

Also:

• How They Voted Night 1
• Brookline Makes History In The Bathroom At Town Meeting Night 2
• Brookline Bans Sale Of Flavored Tobacco
• Night 3: Dog Park Enforcement, Tobacco Ban, Pot Shops

Patch reporter Jenna Fisher can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna).