<p>Ongoing internal clashes at the Martha’s Vineyard Airport are now focusing on an unseen, but costly presence at meetings of the airport commission: legal counsel. Two Boston attorneys routinely participate by phone at a cost of $525 an hour.
Ongoing internal clashes at the Martha’s Vineyard Airport are now focusing on an often unseen, but costly presence at the regular meetings of the airport commission: legal counsel.
Attorneys have regularly participated in the monthly meetings of the public body since last winter, when a former employee brought a lawsuit against the airport for what she claimed was a wrongful discharge.
When two lawyers are present, as was the case at Friday’s meeting, with David Mackey and Susan Whalen both participating by speaker phone, it costs the airport $525 an hour.
The airport incurred approximately $271,191 in legal expenses during fiscal year 2014, nearly 11 times what had been budgeted.
“It seems like we have two attorneys on the phone at just about every commission meeting and that that is racking up quite an expense,” said commissioner Christine Todd, an outspoken critic of the way her board has been conducting its business.
Both attorneys are based in the Boston area, and more than often they participate via conference call.
On Friday, their presence was unannounced.
“Do we have an attorney on the phone now?” asked airport commissioner Denys Wortman nearly an hour into the meeting.
At meetings, the attorneys offer counsel with respect to open meeting and public records laws, and the development of written policies.
They also attend the regular meetings of the litigation subcommittee, a group charged with making decisions that pertain to two ongoing lawsuits involving the public airport. In one case, the airport is suing its appointing authority, Dukes County, for interfering in its affairs. In the other, a former employee claims she was unfairly discharged from her job at the airport.
Nearly all of the meetings of the litigation subcommittee are held in executive session.
But at the open meetings of the commission, legal counsel is not always required, airport commissioners said Friday.
“In looking at today’s agenda, nothing really jumps off the page at me for needing attorneys,” said Mr. Wortman.
When questioned, airport chairman Constance Teixeira said the litigation subcommittee “has [the lawyers] on the line.”
She also said she had anticipated Ms. Todd would raise a topic that warrants legal advice.
Ms. Todd said she didn’t understand why the litigation committee, which was formed to handle the two lawsuits, was making decisions about legal counsel at general meetings, where lawsuits were not discussed.
“I would not approve that kind of an expense as a commissioner,” she said. Ms. Todd has been barred from the litigation committee due to a conflict of interest. She also serves as a member of the Dukes County Commission, the defendant in one of the lawsuits. The county commission appoints the airport commission.
The commission has formed a legal services committee to address the rising costs of legal counsel at the airport, but the committee has not yet met.
Mr. Wortman suggested that items requiring legal counsel be scheduled for certain meetings and not others, and that they be scheduled for the first part of the meeting.
The airport commission did not meet for the months of September and October, while they waited for the superior court to issue a decision about whether the county could vote to expand the size of the board. The decision came this month, when a superior court judge ruled in favor of the airport, blocking the county from appointing new commissioners.
Airport manager Sean Flynn said the presence of counsel allowed the commission to consult them right away, instead of postponing decisions.
“Although it’s a $525 expense for an hour’s meeting, sometimes it is money well spent to get that good opinion quickly so that we don’t bog everything down,” he said.
The lawyers also defended the practice.
“Having represented airport authorities extensively over the course of my career, it would be an unusual board meeting that doesn’t have an attorney in the room,” said attorney David Mackey, former chief legal counsel for the Massachusetts Port Authority.
Mr. Mackey said he thought he charged $275 per hour, though he said he couldn’t be sure.
“Don’t hold me to that,” he said.
Attorney Susan Whalen, who is based in Charlestown, charges $250 per hour.
Meetings vary in length, though they usually last between one and two hours. The lawyers charge in ten minute intervals, Mr. Flynn said after the meeting.
He said before the litigation began last winter, the lawyers attended meetings with less regularity.

Comments
Mr. Mackey is "not sure" of
Tom Hodgson wtMr. Mackey is "not sure" of how much money he charges?
Further words fail…...
wow
Lynne Brook edgartownwow
Dysfunction junction
Those hourly rates are ridiculous. This high powered team has done nothing but keep these controversies going for several years.
How many disputes are pending?
With these inflated & greedy fees they can buy homes on MV & attend the meetings in person.
And once again no oversight
Oldtimer ChilmarkAnd once again no oversight by anyone! The manager has taken full control of everything, he's taken any control by the commission away.
Maybe MA DOT needs to have a look at these meetings. Each and every original commissioner should be ashamed of what they have done and allowed this dictatorship to grow in a public agency.
The airport Commission needs
Herbert Roskind East ChopThe airport Commission needs all the help it can get. They have been constantly sued, regularly lose or settled. Attorneys are worth the cost.
If they listen to them, it will save the island a lot.
The county commissioners
Disband Oak BluffsThe county commissioners should immediately remove chairman Constance Teixeira from any and all county appointments, positions and parking spaces under their control then the public should demand that another county review commission be formed forthwith! I thought that a county review commission was to be formed every so often like every 5 years. Once that commission is formed hopefully they will finally dissolve the dukes county commission and think of all these years of them just being a bad dream! The last DCCRC was a total joke due to being totally stocked with left wingers and moveon.orgers!
When is Flynn's reign over?
Annoyed Oak BluffsWhen is Flynn's reign over? This tyrant is ruining an amazing airport and running it into the ground... PATHETIC
Ms. Todd would not vote to
flyboy42 EdgartownMs. Todd would not vote to approve the legal expense for the airport. Did she vote to approve the legal expenses for the county? Did she vote to approve the legal expenses for Ms Thornton and Ms.Flanders ? If memory serves me correctly it was Ms Thortons move to invovle her self in airport matters even though the issue had been challenged before.Why does none of this make sense to me....What am I missing....
The legal expenses for the
jen tisburyThe legal expenses for the County totaled about 16k a far cry from 271k. And Ms. Flanders did not want to sign checks with no invoices, do you really think that was money not well spent? Would you as a accountant sign checks with no supporting documents? I as a taxpayer do not want my elected official breaking the law (which is what Mr. Flynn expected her to do). And this article is about the misuse of airport money not the small amount the County has paid, which by the way also included other legal fees such as trying to get a new building to house an elderly day care program. I believe your "flyboy" name tells us what side of the tracks you live on.
For Jen, tisbury...Childhood
Flyboy42 EdgartownFor Jen, tisbury...Childhood nick name...No aviation reference...No association on my part with the county or the airport. My post was an inquiry, not a judgement. Growing tired of the waste of time and money by all.
Dump the Attorneys. This
paul adler WEST TISBURYDump the Attorneys. This could all be settled in one meeting. Allow common sense to prevail. What a waste of taxpayer money.
Not to stray from the subject
Ken EdgartownNot to stray from the subject but how do you change your Vineyard Rep on the steamship board? I think the islanders are fed up with alot of our representatives.
The County Commissioners
tom hodgson wtThe County Commissioners appoint our SSA representative.
Um, does it dawn on these
steve jenkinsonUm, does it dawn on these people that most groups meet without needing an attorney on speakerphone?
paul adler, WEST TISBURY --
Draft Adler West Tiaburypaul adler, WEST TISBURY -- always has alot to say about everything! Would love to see him on the airport commission as he always talk about his flying experiences.. Please apply Paul for the good of your county....
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