Fired Brookline Firefighter Will Get Job Back: Judge

BROOKLINE, MA — A judge has upheld an order for the Town of Brookline to reinstate firefighter Gerald Alston, after a Civil Service Commission ruled the town had wrongly fired him. In April, 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 dated August 2, Suffolk Superior Court Judge Douglas Wilkins denied the town's appeal.

"On the facts found by the Commission, the Brookline Fire Department failed to create a racially fair environment and to eradicate the ongoing effects of racism within its ranks. It follows that there was no 'just cause' or that Alston's termination for 'unfitness' was based upon the racially hostile environment, which was the main reason why this African American firefighter allegedly did not 'fit' in."

While the town pointed to anti-discrimination training, approval of an anti-discrimination policy, and attempts to reach out to Alston and his attorney "albeit without offers to change the fundamental problems in the workplace," the court said it wasn't enough:

The judge said it's now in the town's hands as to how to reinstate Alston, without requiring him to "return to a racially unfair employment environment, that flows from the law itself, not from any action or direction of the Commission."

In response, the town issued a statement to media saying the order had been forwarded to the Select Board to review:

"Superior Court Judge Douglas Wilkins’ not unexpected decision denying the Town’s request that he overturn the Civil Service Commission’s order indefinitely reinstating Gerald Alston to his former firefighter position, thereby maintaining his paid leave status, has been forwarded to the members of the Select Board. The Select Board will review the decision with counsel at its earliest opportunity in order to determine next steps that are in the best interests of the town and public safety."

Although the fire chief would not comment on the specifics of the Alston case, Chief John Sullivan said the department was assessing the department's needs when it comes to issues of diversity and awareness, hand in hand with the local firefighters union and town administration.

"We are continuing to work with our internal stakeholders as well as external consultants to identify areas for improvement, institute any additional policies needed and provide the educational opportunities necessary to ensure our members enjoy a safe, healthy and tolerant workspace," said Sullivan in an email to Patch. "All of these efforts have been underway, and continue to evolve for the advancement of our department. We are all fully committed to providing a work environment for all of our members that is both diverse and inclusive."

RELATED>> Brookline To Fired Firefighter Gerald Alston: Sorry

What happened:

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.

Town Meeting in May voted to apologize to Alston.

The civil service decision (which the Town unsuccessfully sought to overturn and clarify in Superior Court) ordered Alston be rehired and returned on paid leave status, including the retroactive payment of salary during his unpaid and fired status. The Town has complied with this decision, according to officials.

Ames did not immediately return request for comment for this article.

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)
• Brookline To Fired Firefighter Gerald Alston: Sorry (May 30)

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).