Fired Brookline Firefighter Seeks Reinstatement

BROOKLINE, MA — A Suffolk Superior Court judge said he will make a decision on whether the town can hold off on reinstating a firefighter after the Civil Service Commission ruled he was wrongly fired. Earlier this month, the town announced it would appeal the commission's ruling to reinstate Gerald Alston, who came forward to report a racial epithet left on his voicemail and who then claimed he was harassed.

Town officials said they were appealing the decision because they weren't clear what it meant and because of ongoing federal litigation.

Judge Douglas Wilkins heard arguments from an attorney for the town who said the commission went beyond its scope when it ordered the town to reinstate Alston. He argued that holding off on having Alston rejoin the fire department for a few months while the town appealed the decision wouldn't cause too much harm. Alston's attorney, Brooks Ames, and a representative from the Civil Service Commission argued it wouldn't hurt the town to have Alston reinstated during the appeals process.

"There will be no stay at the end of the day today," said Wilkins, who said he would make a decision on that by next week.

When Alston walked out of the court he gave a fist pump to the air and hugged supporters who had come to Boston from Brookline to support him.

"It's been a long time," said Alston. "I think the judge did an amazing job."

Supporters, like Kea van der Ziel, who have been watching the case for years came to watch the latest from the benches in a packed courtroom.

"He's been so wronged. It's heartbreaking," said van der Ziel, who added she thought the town should comply with the commission order.

"They just need to finish this and not just do it on the false premise that its costing the town too much money," she said.

That sentiment was echoed by other supporters.

"I think the town needs to settle. It's as simple as that. I did not see one legitimate grounds for appeal. Nothing. As a resident I'm embarrassed," said Brookline resident and attorney Deborah Brown.

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. 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 Alston.

The commission said it was the town's own actions and inaction that made it impossible for Firefighter Alston to return to work, which formed the basis of the Town's decision to fire him, which it did in 2016.

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. His case gathered steam 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 wrote letters to the police chief thanking him for his work to address their concerns.

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)