Brookline Appeals Superior Court Ruling On Firefighter Alston

BROOKLINE, MA —In a vote held during executive session, the Brookline Select Board voted 4-1 to appeal the Superior Court's decision on the Civil Service Commission ruling in the case brought by Firefighter Gerald Alston. This week, the town filed an official appeal with the court, bringing a years-long fight back into the limelight again.

"The Town is appealing the Superior Court Judge’s decision affirming the decision of the Civil Service Commission that restored Mr. Alston to the Town’s payroll in absentia to the Court of Appeals," said Town Council Joslin Murphy.

The move was met with some push back from Brookline residents, including the Select Board member who voted against the appeal.

"Despite efforts to cast this appeal as in the best interest of the Town, this ill-advised decision makes this Select Board complicit in the ongoing denial of justice to Mr. Alston, and I voted against it," Select Board Member Raul Fernandez in a statement dated Oct. 1.

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. After a commission ruling earlier this year, the town began paying Alston, including back pay. But he has yet to rejoin the force.

"I want folks to know that we appealed because we support our judgement that under the circumstances terminations was made for just cause," said Select Board Chair Bernard Greene in an interview.

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. Ames did not return request for comment.

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 in March 12 to put an injunction on reinstating Alston citing they weren't clear what it meant and because of ongoing federal litigation. In an order issued in April, 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.

In May, Town Meeting Members voted to issue an apology to Alston.

"I accept the findings of the Civil Service Commission," Fernandez said at that meeting. "I believe we should settle this case in a way that attempts to make Mr. Alston as whole as possible, while implementing reforms in our fire and other municipal departments, and, yes, we should apologize."

Fernandez said he disagrees with the approach and believes the Select Board should withdraw its appeal of this decision and should settle ongoing litigation.

"I’m not confident that the Town will win this case, and frankly, I don’t think we should. Winning this case won’t equal victory for the Town of Brookline, and it certainly won’t equal justice for Mr. Alston," he said in the statement.

Town officials and court documents allege that before he was fired, Alston made threatening statements toward the fire department several times and violated drug policy and then refused to follow a plan to get him to return to work that would ensure the safety of him and his coworkers. That plan included drug screenings and regular therapy visits. Alston and his attorney say that isn't an accurate picture.

Read a statement by two town officials on this: 'Hardest Decision': Select Board Members On Alston Appeal

And Fernandez's full statement: On Gerald Alston Vote

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)

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).