Town Will Appeal State Decision On Firefighter Alston

BROOKLINE, MA — The town will appeal a commission ruling to reinstate a firefighter who came forward to report a racial epithet left on his voicemail and who then claimed he was harassed and ultimately fired unjustly as a result.

Select Board Chairperson Neil Wishinksy expressed remorse and regret, but said a resolution to the commission ruling could not come with ongoing litigation. He said former firefighter Gerald Alston's attorney has interpreted the commission’s order to reinstate means the town will put Alston on paid leave indefinitely, which he said, was untenable.

“The only effective way to favorably end litigation is for all involved to attempt a global solution of both pending cases,” Wishinsky said. “Attempting one without the other doesn’t work.”

Watch Wishinksy read a statement followed by Select Board member Heather Hamilton, who was not named in the lawsuit, read her own statement addressing former firefighter Gerald Alston who was not in the room:

"There's been blood spilled, for approximately nine years, what happened to Mr. Alston was, in fact, a travesty but it's also an example of how not to do this," said Brookline resident Deborah Brown during public comment following the select board announcement.

"One of the things that has struck me and other folks is that people felt like they've been lied to that they've been sold a bill of goods. And I dare say that you all didn't have the full story either," she said.

Brown recommended the town officials employ a third party mediator and explore outside council.

"I want a resolution," she said.

The Massachusetts Civil Service Commission ruled in an 83-page report that the town failed to show just cause in firing firefighter Gerald Alston, who reported racial discrimination after his supervisor left him a voicemail that included the racial epithet nearly a decade ago. The commission asked that Alston be reinstated. The town had 30 days from Feb. 14 to appeal that. Following the state decision, a number of residents implored officials to apologize and move forward.

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.

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.

PREVIOUSLY ON PATCH:

• Town To Decide Whether To Appeal Decision On Firefighter Alston (March 5)
• Commission Rules Brookline Should Reinstate Black Firefighter(Feb. 14)
• Residents Ask Town To Apologize For Firing Black Firefighter (Feb. 19)
• Brookline Settles With Police Officer On Racial Discrimination (Feb. 2018)
• Brookline Settles With 2nd Officer On Racial Discrimination Claim(Sept. 2018)