Brookline To Settle Racism Lawsuit With Firefighter Gerald Alston

BROOKLINE, MA — After years of lawsuits in both civil and federal court, Brookline is working to reach a settlement with the firefighter who was fired after reporting his supervisor for leaving a racial slur on his voice mail in 2010, and then subsequent retaliation.

Select Board Chair Heather Hamilton said the board decided not to continue to fight after two recent courts ruled in favor of Gerald Alston.

"This board is committed to engaging in a respectful dialogue with Mr Alston, and with engaging in its very best efforts to reach a settlement through mediation," Hamilton said during the first night of Town Meeting Wednesday. "I hope we can begin that process this summer and provide a conclusion to all parties. This is a new day, a new board and the time is right."

• Read more: Firefighter's Federal Racism Case Against Brookline To Continue

At the end of April, the state's highest court sided with Alston and affirmed an earlier state court decision that said the town fired him unjustly in 2016, some six years after he first reported a racist incident and then retaliation among his peers.

In the May 7 federal appeals court ruling, the court overturned part of an earlier federal ruling in the case, allowing him to continue his fight.

In 2010, Alston came forward to report 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. The fire chief at the time told Alston the slur was a fireable offense, but Alston said he did not want the supervisor to lose his job. The then fire chief told Alston at the time the supervisor would be disciplined and would not be promoted.

Against the chief's recommendation of a greater punishment, the select board at the time gave the supervisor a small punishment and then three subsequent promotions.

In recent years, Brookline Town Meeting members have called for the Select Board to end litigation and apologize to Alston.

Read more: Court Sides With Ex-Firefighter In Brookline Racism Case - Again

Jenna Fisher is a news reporter for Patch. Got a tip? She can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna). Have a something you'd like posted on the Patch? Here's how.