Timothy Johnson

Workplace Dispute Puts Airport in Spotlight

A Martha's Vineyard Airport employee is at the center of a tangled web of charges and countercharges, including a complaint filed with the Massachusetts Commission Against Discrimination.

An employee at the Martha’s Vineyard Airport is at the center of a tangled workplace dispute that has occupied the airport commission as charges and countercharges play out both publicly and behind closed doors.

Beth Tessmer is employed by the airport as a fixed base operator administrator, but has been disciplined by the airport commission in the last few months and is currently on paid administrative leave. She was also suspended for two weeks without pay in November for insubordination. Her formal appeal of that action has been the subject of two proceedings before the airport commission.

Meanwhile, she has filed a complaint with the Massachusetts Commission Against Discrimination claiming sexual harassment and retaliation in the workplace. The complaint names airport manager Sean Flynn, the Martha’s Vineyard Airport Commission, the Dukes County Commission, the County of Dukes County and assistant airport manager Deborah Potter.

The MCAD complaint and Ms. Tessmer’s appeal of her suspension have been the subject of a series of meetings before the county and airport commissions, some held in executive session and some televised on MVTV, in recent weeks.

A complaint obtained by the Gazette from MCAD and dated Nov. 22 alleges employment discrimination and the creation of a hostile work environment under Mr. Flynn’s leadership. Mr. Flynn has been airport manager since 2005. Previously he served as acting manager and assistant manager.

The four-page document was filed with MCAD and signed on Ms. Tessmer’s behalf by her attorney Theodore Saulnier, the former police chief in Tisbury who is now a practicing attorney in Falmouth. It lists eight separate complaints that describe incidents that allegedly took place between 2005 and 2013. The alleged incidents involve Mr. Flynn’s treatment of Ms. Tessmer’s private life, and in the complaint she claims an “ongoing pattern of discrimination based on gender and one or many perceived handicaps.”

Ms. Tessmer did not return telephone calls seeking comment on her complaint. Most parties named in the complaint declined to comment.

Mr. Flynn said he had no comment professionally.

“Personally, my comment is that these are, until they are referred by the competent court of jurisdiction, merely complaints, allegations, and we are handicapped in our response, in what we can say to you, the press, to defend ourselves,” he said Thursday.

He said his first responsibility was to honor the rights of the employee.

Parties in the case have questioned whether the MCAD complaint is public record. Regulations for the state agency state that the initial charge, or complaint, filed with the state agency “shall be available for public inspection upon making appropriate arrangements with the commission.” Exceptions are allowed for charges that are placed under protective order by MCAD or processed as a pseudonym complaint. Ms. Tessmer’s complaint appears to be neither of those.

According to the complaint, Ms. Tessmer has been an employee at the airport since 2004. She was promoted to her current position last August, a management position, which meant she was no longer a union employee.

The complaint also claims that Ms. Tessmer was suspended by Mr. Flynn two weeks after she had visited MCAD offices in Boston to inquire about filing a complaint. The state agency is charged with protecting civil rights in the workplace.

Among other things the complaint claims Mr. Flynn, her supervisor, made verbal references to her body at the workplace, and preoccupied himself with her work attire. It alleges that she was subjected to repeated, detailed comments about her manner of dress and its appropriateness for the workplace. “No other employee has been subject to such comments at the airport,” the complaint says in part.

At an open meeting held last week the airport commission voted to go into mediation to resolve the various disputes with Ms. Tessmer, including the MCAD complaint. In order for that to occur, Ms. Tessmer must agree to mediation. The Gazette was unable to confirm with her attorney whether she had agreed.

Earlier, in a meeting on Jan. 24, the airport commission voted to uphold Ms. Tessmer’s suspension. The meeting was held in public at the request of Ms. Tessmer. The commission took the same action in a rehearing on Feb. 12. The rehearing was held as a result of a typographical error on the original meeting notice posting.

A videorecording of the Feb. 12 meeting on the Martha’s Vineyard Community Television website as well as minutes provided by the airport manager on Thursday, show that in a separate agenda item that day, the airport commissioners discussed two charges brought against Ms. Tessmer by airport management in a letter which might put her at risk for termination.

In the letter, airport management claims that Ms. Tessmer allegedly aided union employees in filing grievances, a violation of state law. She was further observed to have removed a copy of the staffing schedule from the airport premises, a violation of security protocol, the letter said. Both of the actions were allegedly caught on security videotape and reviewed by Ms. Potter the assistant manager, Mr. Flynn the manager and John Alley, the chairman of the airport commission. At the conclusion of the Feb. 12 meeting, the airport manager spoke of Ms. Tessmer’s previous success as an airport worker.

“I do want you to know that Beth did a fantastic job in her customer service position,” Mr. Flynn said. “She works well with the customers, with the people that walk through the door . . . that was the premise for her promotion. This is not about that, and this is merely about the issues, and I felt like I left that out.”

Comments

Submitted by Anonymous (not verified) on Thu, 02/20/2014 - 21:35

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concerned tisbury

So many things don't add up. Mr. Flynn said she was a great worker, she files a complaint and Is gonna be fired for copying her work schedule, and helping a friend. Plus love Mr.Flynn saying "we are handicapped in our response" is that statement a form of discrimination?" I am handicapped and am offended by that statement. Mr Flynn needs to be investigated.

br weymouth

As a former leaseholder at the Airport, i can only say...it's about time Mr. Flynn has done himself in. It was a matter of time.

I found him to be arrogant with few intra-personal skills. For someone charged with managing one of the Vineyard's biggest commerce centers, he seemed antibusiness and arbitrary. If you challenged Sean or you stood up for what you felt your rights were as a businessperson on the Vineyard, you stood the chance of being put on his permanent 'D' list. On a positive note, it seemed to me he did run the Airport operations well.

Perhaps the Commission should split the job of running airport ops and the Business Park in two.

But, for me, there is no love lost or sympathy for Mr. Flynn and i am not surprised about the charges being levied on him.

bob edgartown

You are right in your thoughts on the whole airport mess up there. There is a saying the apple does not fall far from the tree.

Chilmarker Chilmark

Without specifics, this is simply vicious. Silly me, I thought anonymous slander in comments was the purview of the MV Times. Seriously, Gazette, this is low, especially considering other criticizing comments of more favorably (to you) covered people and conservation organizations you have not allowed.

Submitted by Anonymous (not verified) on Thu, 02/20/2014 - 21:54

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concerned tisbury

All three should be on leave not just Beth T.to conduct a fair investigation 'Ms' Potter and Mr. Flynn should not have a chance to sway some of the witnesses.it's obvious that those two have already swayed the airport commissioners. THAT'S FAIR!

Submitted by Anonymous (not verified) on Fri, 02/21/2014 - 00:05

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Bob Edgartown

I would agree that Ms. Tessmer is great with the public and that Mr. Flynn is not.

Submitted by Anonymous (not verified) on Fri, 02/21/2014 - 08:37

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Disgusted Hines Point

It's disgusting that the airport commissioners appear to be in lock step with Mr. Flynn.
In my opinion all the airport commissioners need to be removed along with Mr. Flynn and Mrs. potter.
Beth has been nothing but professional in her job. I dare say Mr. Flynn and Mrs. Potter have done the same.

Submitted by Anonymous (not verified) on Fri, 02/21/2014 - 11:55

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flyboy42

I do not have enough info to comment either way, I do however need some clarification. I viewed this on MVTV. Ms. Potter stated that she watched the airport security cameras from her home. Did I hear correctly ? If so, why are these cameras linked to a private residence ?

Submitted by Anonymous (not verified) on Fri, 02/21/2014 - 12:26

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Justin Oak bluffs

Yes I'm assuming they are abusing their position to intimadate employees, my guess is there isn't a full time security gaurd! I doubt this is hardly an NSA issue, copying her own schedule!

Submitted by Anonymous (not verified) on Fri, 02/21/2014 - 15:33

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Alice Pack 8th & I, DC & Tisbury

Obviously none of the above folks took the time to watch the public meeting on MVTV at her request and saw Ms. Tessmer’s and her attorney Theodore Saulnier make total fools of themselves. All the airport commissioners did everything they possibly could to have her explain her side and in the end they voted unanimously to side with 'Ms' Potter and Mr. Flynn as I did after viewing that meeting on TV.
Look here, you got the most liberal committee, in the most liberal county in the most liberal state in the country saying Ms. Tessmer was wrong, live with it people you Elected these commissioners!

Disgusted Hines Point

Are you a pilot Alice? Do you have a business at the airport? Do you have any association with these people? I do and so do some of the other posters. We all know the Deal up at the Airport. Further more the airport commissioners are appointed by the County commissioners. They were not elected by "We The People". There is no question in my mind that Ms. Tessmer is being RAILROADED along with a few other past employees. Just because there Liberal doesn't make them right.

Carol West Tis

OK Disgusted - you seem to have first-hand knowledge of this train wreck of a situation. Tell us all - how does Ms.Tessmer dress while at work. Appropriate business attire? Sloppy unprofessional attire? Provacative attire? She made this allegation a part of her complaint - so what was said about her appearance at the airport that she takes issue with.

Deb Potter Oak Bluffs

Sorry I can not take credit for that comment or that clever nom de plume. Nor will I make any additional comments on this site so any that may be attributed to me are disingenuous and false

JJ OB

I thought Mr. Alley made a fool of himself when he asked Mr. Saulnier for a copy of his own airport manual. And I loved Mr. Saulnier's response that he got it from the county office.

Knapsack 1243 Chappy

Not sure if you watched the same meetings on MVTV I saw but I've never seen a meeting run so poorly, the chairman couldn't even read a prepared script ! The chairmans comments were offensive and the lawyer for the commission ran the meeting. The manager whispered instructions. How is this well run ? Ms Tessmes's lawyer was even told he couldn't take notes. He wasn't allowed to speak. The first meeting was illegal and a lynching of Ms Tessmer. The second was a joke. Obviously you've been brainwashed by the Marine Core !

Submitted by Anonymous (not verified) on Fri, 02/21/2014 - 19:07

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BG Edg

I know both Beth and Sean. Both have always been professional with me. As a long time user of the airport I hope this gets resolved.

Submitted by Anonymous (not verified) on Sun, 02/23/2014 - 12:14

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From the outside looking in.

As a former employee of the Martha's Vineyard Airport, and former co-worker of Beth Tessmer, none of this surprises me in the least, I have personally witnessed and have been affected by the actions of certain members of the Martha's Vineyard Airport management, Operations employees and commission. It certainly does leave a lot to be desired and really does deserve to be very severely scrutinized. I am not saying this purely out of sour grapes or harboring ill-felt or malicious feelings, as thankfully I have moved on in life both personally and professionally to a much better place since I left employment at The Martha's Vineyard Airport. I am not going to go into specific details of the types of things I bore witness to or who was affected by it (non-specifically speaking things such as Conflicts of interest, Collusion, Nepotism, Cronyism, Bigotry, Sexism, or any other forms of prejudices either professional or personal), nor shall I comment on any particular individuals (but you know who you are, and so do others), either due to security reasons or the fear of recriminations by the way of some form of legal action taken (there's a bit of history there).
There has been problems festering there for some years now, and it's about time it was sorted out once and for all, it's just a shame that there have been others who have been affected by the actions of some of the regime there and not had the help or media coverage as this situation has. The time is way overdue for certain individuals be held accountable for their actions.
I guess as the saying goes: "You reap what you sow"!

Submitted by Anonymous (not verified) on Sun, 02/23/2014 - 17:14

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coacholdtimer Chilmark

This is the 3rd time I have tried to comment and the newspaper does not allow my post > Why? Because I am as close to the truth as a golf ball on the hole waiting to drop or a horseshoe leaning on the spike . . Beth and Sean have been feuding for a long time. Sean wants Beth in uniform every day and when Beth wears a dress he has to reprimand her . . . Sexual harassment? Beth wants to set the schedule. Obviously, Sean will not let her do it. Beth has been insubordinate to her command. She feels victimized for many things. Beth got in trouble this summer outside of her job. She got a reprimand from Sean. Later, when Beth started to file grievances with the State, Sean suspended her for insubordination. In my opinion, Beth and Sean both need to go.

Sandi OB

Bottom line.... This is a case for the EEOC (Equal Employment Opportunity Commission). This dispute is for a panel of judges and the parties to arbitrate, not the public. That said, Ms. Tessmer will either be fully reinstated with compensation or be gone for good. Sorry to put it bluntly, but I say this with more than 25 years experience in the field. The decision of the court is final!

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