Brookline Settles With Police Officer On Racial Discrimination

BROOKLINE, MA — Brookline and one of the town's former police officers who filed a racial discrimination complaint against the police department quietly reached a settlement last year with the town, the Brookline Patch confirmed.

The settlement was for $180,000, according to an affidavit the Patch obtained. The town of Brookline will pay the former officer, Estifanos Zerai-Misgun, $135,000. The rest will go toward his attorney's fees, according to the official document. The Boston Globe broke the news Saturday.

Patch submitted a records request in December for a list of settlements that the town reached in 2017. On February 15 the town sent Patch a list that did not include $135,000. It did include a settlement for $206,000 in March labeled as an "Employment Issue." (See below).

Patch reached out to Town Counsel and to Hilary Schwab, who is Zerai-Misgun's attorney for comment, but neither were immediately available.

The town and the former officer reached a settlement this fall, after nearly two years of back and forth, but the settlement was only spoken about in executive session, according to town officials.

Zerai-Misgun and Officer Prentice Pilot were fired in April for refusing to come back to work after they complained about facing racial epithets and harassment. The two said they felt unsafe at work.

Brookline Police Chief Dan O'Leary said he worked to address the men's concerns, had consultants come to the department, implemented training and awareness and had invited the two officers to come sit down and work on other steps. O'Leary retired in January.

As part of the settlement Zerai-Misgun wrote a thank you note to the chief acknowledging the work he had done. Zerai-Misgun also agreed not to disparage the town or talk about the terms of the settlement. Also part of the settlement? Zerai-Misgun will never be able to work for the Town of Brookline again.

As part of the settlement, Zerai-Misgun submitted an affidavit that said he was actually happy with the way the chief handled the situation.

"I received many expressions of warm support from my colleagues (including supervisors in January 2015 and thereafter after they learned about the experiences that I reported to Chief O'Leary on December 2014 that are the subject of my lawsuit."

He wrote that he understood that, following Chief O'Leary's addressing of his concerns with the command staff, which were meant to be anonymous, that a sergeant inadvertently told officers who had complained, but had later apologized to Zerai-Misgun. The former police officer said that at the time he accepted his apology. "And I do accept his apology," said Zerai-Misgun in the affidavit.

Following that, he said, a few officers who previously talked with him at roll call or out and about were less friendly, but he said, "They were few."

"Mostly I enjoyed the support of my colleagues, including from Chief O'Leary. I appreciate Chief O'Leary's expressions of caring and concern to me after my December 2014 report to him and while I was out on sick leave in March through early August," Zerai-Misgun wrote.

He noted that he had been worried about returning to work after his concerns became so high profile.

"But I recognize that I would not have been in danger by returning," he wrote.

"The period since I made my report has been hard on a personal level," he said. "But I respect and admire my former colleagues with the Brookline Police Department and wish them the best."

Pilot has not settled.

And the town is still in litigation with former Brookline firefighter Gerald Alston about racial harassment complaints.

Catch up here:

Supporters of Brookline police officers who allege racial harassment

Lawyers for two black Brookline police officers claiming racial

Police officers file complaint against Brookline