Commission Rules Brookline Should Reinstate Black Firefighter

BROOKLINE, MA — The town failed to show just cause in firing a black firefighter who reported racial discrimination after his supervisor left a voicemail with a racial epithet on his voice mail nearly a decade ago, the Massachusetts Civil Service Commission ruled this week.

The commission dismissed Gerald Alston's case without a hearing in 2017, but last year a Superior Court judge ordered it to look into whether Brookline had actually wrongfully terminated Alston.

In an 83-page finding dated Feb. 14, the commission ruled Alston should be reinstated in the fire department with pay. The ruling comes six years after the town fired him.

In 2010 then-firefighter Alston came forward to report that the N word was left on his voicemail by a white supervisor. He had the voicemail to prove it and that claim was not disputed. 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.

The commission ruled the town failed to prevent retaliatory behavior against Alston and enabled the lieutenant to use his position to lobby many other members of the force against Firefighter
Alston and paint himself as the victim.

"These actions by the Town were arbitrary, capricious, and in violation of Firefighter Alston’s
rights under the civil service law to be treated fairly ' … without regard to political affiliation,
race, color, age, national origin, sex, marital status, handicap, or religion and with proper regard
for ... basic rights outlined in [the civil service law] and constitutional rights as citizens,'" read the commission's ruling.

The commission said it was the town’s own actions and inactions that made it impossible for Firefighter Alston to return to work, which formed the basis of the Town’s decision to terminate his employment, which it did in 2016.

"When a municipality’s own violation of a tenured employee’s rights has prevented the employee
from returning to work, as here, the Town cannot use that inability to work as just cause for
discharging the employee from his tenured position," reads the Civil Service Commission finding on Alston's contesting of that firing.

According to the finding, when his supervisor first spoke to Alston to apologize he compounded
the problem by seeking to turn the tables on his employee and attacking Alston’s decision to report the racist comment.

"It is difficult to imagine a more stressful situation for an employee than when a supervisor, who had recently made a racist comment, is now attacking the employee for reporting it," the commission's ruling read.

In 2013, Alston, with the aid of attorney Brooks Ames, filed a case in federal court claiming a pattern of systematic racism within the town. In 2016, he lost his job after an investigation. His case gathered steam with within the town when two Brookline police officers joined his lawsuit saying they, too, had experienced race-related harassment within the Police Department. They later decided to pull out of that lawsuit and file a complaint with the state. Both of those officers later settled with the town and apologized to the department retracting earlier claims.

Brookline has 30 days to appeal the new ruling.

More to come.

Previously on Patch:

• Former Firefighter's Racism Case Against Brookline Edges
• Brookline Fires Firefighter Who Charged Racism
• Ousted Firefighter Files New Claim Against Brookline: Report
• Brookline Fires Firefighter Who Charged Racism
• Brookline Cops File Complaint With State

Photo by Jenna Fisher/ Patch Staff