The airport commission and county commission have sparred off and on for years about who ultimately controls Martha's Vineyard Airport.
Timothy Johnson

Airport, County Rift Escalates in Court

Hearings are set for next week in Dukes County superior court in the intensifying legal dispute between the Martha’s Vineyard Airport Commission and Dukes County Commission. A judge will decide whether the airport commission can be expanded.

A hearing is set for next week in Dukes County superior court in the intensifying legal dispute between the Martha’s Vineyard Airport Commission and Dukes County Commission.

On Wednesday, the Hon. Richard Chin, an associate justice of the superior court, will hear a motion to amend an existing complaint brought by the airport commission, which now wants to bar the county commission from expanding the board by adding two new members.

The two commissions have sparred on and off for years about who ultimately controls the airport, which is financially independent but owned by the county. The county appoints the airport commission.

Last week the county commission, which has been in the throes of a reappointment process involving the airport, decided to expand the airport commission from seven to nine members. Less than 24 hours later, the airport commission was in superior court seeking to block the move.

The original case was filed early this year after the county voted to appoint the county manager to the airport commission as a nonvoting member.

The airport commission took the county to court and won a first round in August when Judge Chin granted a preliminary injunction allowing the county manager to be excluded from sitting on the commission.

In the latest motion to amend the complaint, attorneys for the airport claim the vote to expand the size of the commission was done without obtaining required approval by the state Department of Transportation, and constitutes an “action to reorganize” the airport commission in violation of grant assurances.

“Moreover, in the context of the county defendants years-long campaign to obstruct and interfere with the airport, by any means, this expansion is plainly yet another attempt by the county commission to interfere unlawfully with the autonomy of the MVAC and its authority over the airport,” wrote airport counsel David Mackey in the filing last week.

Meanwhile, meetings of the airport commission appear to be in a holding pattern while the matter in court is decided.

A regular meeting scheduled for last Friday was cancelled for lack of a quorum, said Constance Teixeira, chairman of the commission. A make-up meeting has not been scheduled.

“Nothing is going to happen until next Thursday,” Mrs. Teixeira said, referring to the day after the scheduled court hearing.

She said for now, the next meeting of the airport commission is set for Oct. 24.

Airport manager Sean Flynn said as the executor of the board he would suggest that they wait for a decision before meeting as a full board.

“I would suggest they don’t meet until there is some clarity from a legal authority as to what the makeup of the commission is,” he said.

Tensions between the two government bodies have been exacerbated by workplace disputes at the airport, including a lawsuit filed by a former employee who claims she was wrongfully dismissed after voicing concerns about her boss, Mr. Flynn.

Judge Chin will also hear arguments on that issue next week as a separate matter in court.

Hearings on all the pending matters involving the airport commission are scheduled to begin at 11 a.m. on Wednesday in the Edgartown courthouse.

In another procedural airport matter, an assistant state attorney general has ruled that the airport commission violated the open meeting law on two separate occasions. The commission failed to properly post a notice for a meeting in late January, and did not provide enough detail on a notice for a subsequent meeting, held to correct the previous misstep, Assistant Attorney General Hanne Rush said in a decision issued in August.

The assistant attorney general also found that in failing to disseminate postings about its meetings to all the towns that it serves, the airport commission has not complied with the law.

To comply, meeting notices are now posted on the airport website (mvyairport.com).

Sara Brown contributed reporting.

Comments

Submitted by Anonymous (not verified) on Fri, 10/03/2014 - 07:11

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concerned tisbury

So all of the town's and the County post their meetings outside their buildings for public view but our secret airport will only post on their website? Another effort to hide things. Didn't the County Manager report that other publicly owned airports were allowed to increase their size without having to go to court? And for the record, how does the airport cancel a meeting on Wednesday for Friday because the commissioners are sick(which I won't even touch that statement) Connie Teixiera told the Times she knew at least three commissioners were going to be sick, yet she was able to take a phone call from the Times on Friday morning guess you weren't too sick huh? And now they are saying they cancelled for the court case? Wow you and Sean should get your stories straight before making public comments. The island should stand behind the County there is enough corruption in politics, someone needs to stand up for what is right. Please RESIGN! I'm tired of all the lies!

Submitted by Anonymous (not verified) on Fri, 10/03/2014 - 08:55

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Also Concerned. Tisbury

How much of the taxpayer's money ,in legal fees, is being spent by both sides in this dispute? Don't you realize you are both acting like children, unable to agree on anything, at our expense!

Submitted by Anonymous (not verified) on Fri, 10/03/2014 - 11:08

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Oldtimer Chilmark

All public departments should have some sort of "over sight" and for the Airport and management to constantly be secretive about all they do should raise red flags to the MA DOT. All the law suits, Attorney General investigations and MCAD complaints, maybe MA DOT should be warning the Airport management not the County. Airport management thinks they have unlimited monies to spend on their secrets and believe they don't have to answer to anyone, its time the public and the State wake up and put a stop to the insanity.

Submitted by Anonymous (not verified) on Fri, 10/03/2014 - 18:56

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Cape Cod Confused Chatham

I have followed this matter closely over the past 6 months. What I can't understand is how the residents of MV don't revolt and get rid of both commissions. The commissions can't co-exist in the same sand box which has resulted in hundreds of thousands of dollars of lawyers fees paid for by guess who - the working public on MV. Get rid of the current ego-inflated wind bags on both commissions and start from scratch.

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