Judge Denies Reinstatement Stay Of Brookline Firefighter

BROOKLINE, MA — 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 Monday, 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.

"The Town's Motion is DENIED, with an order to expedite proceedings on the merits," reads the finding.

In the determination Wilkins said

It's unclear what Alston's reinstatement will look like.

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.

Last month 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 pushback from dozens of residents and Alston supporters asking them to drop it.

In court

"It's a complex and tortured history," Doug Louison, outside counsel retained by Brookline told Wilkins in court last month. "The reason why we're appealing, and the stay is because the order of the civil service commission has so far exceeded its statutory authority."

Louison also argued the commission found Alston incapable of returning to his position, but nevertheless ordered him to be reinstated and then to not return to work and to hold a position open.

"It's also not clear," he said.

The judge, however, said in court to Louison the finding, which reads: "Orders that Firefighter Alston be returned to his position without loss of compensation or otherwise," seemed pretty clear.

"The order is not unclear. When I write something, I might write something that people don't understand, or maybe I'm not clear but when I say at the bottom 'ordered: You shall do this.' That's what the order is."

Alston's attorney Brooks Ames did not return request for comment. Nor did Brookline Attorney Joslin Murphy.

RELATED:

• Fired Brookline Firefighter Seeks Reinstatement
• 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)

More to come