Jamaica Plain firefighter sues over suspension for the way he complained about the crappy sidewalk and driveway in front of his quarters

A firefighter on Tower Ladder 10 at the 746 Centre St. firehouse in Jamaica Plain today sued the city and Fire Commissioner Paul Burke for the four-day suspension he says he got after the department had done nothing about the poor condition of the sidewalk and driveway outside the station and he wrote directly to the city's chief of streets.

In his suit, filed in US District Court in Boston, firefighter James Riley says his four-day suspension violated his First Amendment rights. His union, the International Association of Firefighters, Local 718, is also a plaintiff.

Riley says he and other firefighters at the station first complained to their captain about the conditions outside the station in April, 2021, that the handicap ramp was uneven and that the concrete apron in front was severely cracked, to the point that pedestrians walking by the station risked injuries and baby strollers started getting stuck in the cracks.

The suit continues that the captain forwarded a complaint and photos to the BFD facilities department, which allegedly did absolutely nothing. The captain tried again in February, 2022, and that this time, he was copied on an exchange of e-mails with a consultant about getting an estimate to make repairs. A month later, the suit continues, somebody in Facilities told the captain it was just a matter of getting some bids on the work.

But nothing happened, and in June, the captain sent his fourth plea for help, after a child fell and scraped his knee while walking in front of the station, the complaint states. In April, 2023, in response to yet another plea, somebody from Facilities said repairing the area in front of the station would cost $25,000, but that it was late enough in the fiscal year, there was no money to do that, the complaint states.

On Sept. 26, 2023, Riley, writing from his IAFF address, as a member of the union executive board, e-mailed Jascha Franklin-Hodge, the city's chief of streets, to detail the non-resolution of the issue - including with photos - and ask when something would be done.

Riley alleges that Franklin-Hodge replied the same day: "Thank you for the note - we'll look into it."

But, Riley continues, on Oct. 11, he was notified he'd been suspended for four days for sending a "hostile" note to Franklin-Hodge, from his union e-mail address in an attempt to "intimidate the City of Boston official into action" and in violation of the BFD chain of command. The notification added the suspension would be noted in his permanent record and was being done for "the good of the department and the good of the fire service."

He appealed the suspension and the union filed a grievance. On Jan. 2 of this year, a hearing officer upheld the suspension, although ruling it was just for failing to observe the department chain of command, that he had not threatened the chief of streets.

Riley states that in 16 years with the department, he had never been suspended and that this suspension violated his First Amendment rights to freedom of speech, assembly and association. He is asking a judge to order the city to strike the suspension and any records of it from his personnel file and to award him back pay, punitive damages and attorney's fees.