<p>Appointing members to the Martha’s Vineyard Airport Commission, once a routine task for the Dukes County Commission, has become steeped in controversy. With ongoing legal conflicts, three seats opened up this year on the airport commission.</p>
The appointment of members to the Martha’s Vineyard Airport Commission, once a routine task for the Dukes County Commission, has become steeped in controversy.
Against a backdrop of legal conflicts between the county and the airport’s governing body, three seats opened up this year on the seven-member airport commission.
As of Wednesday, county commissioners had interviewed three of six candidates. The commission plans to finish remaining interviews and make the appointments next Wednesday.
But the selection process has been progressing in the shadow of legal action brought by the airport, which has sought to defend its autonomy from the county for more than a decade and is paying close attention to the current appointments.
"To wait one more day to straighten out the airport commission is everything that I'm against," said county commissioner David Holway.
"To wait one more day to straighten out the airport commission is everything that I'm against," said county commissioner David Holway.
Last May, the airport commission filed a complaint against the county in an effort to gain further legal recognition of its independence. In the fall, the airport was back in court to block the county commission from expanding the size of the airport commission, claiming the move was another attempt to interfere.
The current appointments before the county are more routine; the terms of three airport commissioners are expiring and two are seeking reappointment.
But the airport has continued to raise concerns about the county’s process.
In a five-page letter dated Feb. 5, an attorney working for an airport subcommittee formed to address matters of litigation, warned the county to tread with caution.
“The [airport commission] is not a mere department or subsidiary of Dukes County. The Dukes County Commission is not empowered to replace airport commissioners at will, and has no general supervisory or oversight power over [the airport commission],” wrote David S. Mackey, an attorney with the Cambridge law firm Anderson Kreiger.
In the letter Mr. Mackey urged the county to reject candidates with conflicts of interest and “consider the reappointment of MVAC commissioners with aviation or other relevant experience who wish to continue to serve.” According to the letter, incumbent commissioners have already been told they will not be reappointed.
“This decision reflects a continuation of the county’s attempts to interfere with the airport, this time by sweeping out all the incumbents whose terms expire, and replacing them with appointees who will do the county’s bidding,” Mr. Mackey wrote.
The six applicants include incumbents Constance Teixeira and James Coyne, as well as Clarence A. (Trip) Barnes 3rd, whose moving company rents space at the airport, John Cahill, who operates a rental car agency at the airport, and Myron Garfinkle and Robert H. Rosenbaum, who are both pilots.
As of Wednesday, the county had completed three interviews for the position.
In all three, the letter from Mr. Mackey and the ongoing litigation between the two agencies have shared center stage.
Interviews began last week with Mr. Coyne, who has served six years and is seeking a third term. In his interview, conducted via Skype, county commissioners asked about the decision to form the litigation subcommittee, and the vote to sue the county, according to minutes. Commissioners also questioned Mr. Coyne about legal spending at the airport.
In two more interviews conducted on Wednesday this week, candidates Robert Rosenbaum and John Cahill were asked if they had a financial interest in any business at the airport.
Mr. Cahill, who is an agent of the Hertz rental car corporation, said he was not involved in contractual negotiations between his employer and the airport. He and Mr. Rosenbaum both said they had consulted with the state ethics commission and learned they are eligible to serve on the airport board.
Both said they were familiar with some of the issues at the airport, but focused on the ways they could improve the atmosphere there.
County commissioners, meanwhile, made no effort to conceal their frustration with the airport.
“I have been on this commission for a very short time and the biggest headache I have had is our interaction with the airport,” said county commissioner David Holway. “To wait one more day to straighten out the airport commission is everything that I am against.”
He suggested that the commission vote to make the appointments right away.
Commissioner John Alley disagreed, and said Mr. Holway was “relatively insensitive” to suggest a vote without the final interviews.
At least two of the three remaining candidates could not make it to Wednesday’s meeting due to medical reasons.
County commissioner Tristan Israel said he was inclined to tie things up right away, but due to an “overt threat of litigation” and there being medical emergencies, he said he would opt to wait.
“We want to make sure we do as best we can, and cross our t’s and dot our i’s,” Mr. Israel said.
Ultimately, members of the commission came to a consensus and said they would hear from the other candidates next week.
Trip Barnes and Myron Garfinkle are expected to appear for interviews, as well as Constance Teixeira, who has been an airport commissioner since 2006 and is the current chairman.
If recent patterns continue, the subject of litigation is sure to resurface.
“In my entire governmental life, which stretches back 45 years, I have never seen such a travesty and such wasted money in all those years,” said Mr. Holway.
“Amen, brother,” Mr. Israel said.
Comments
I agree with Mr. Holway, let
concerned tisburyI agree with Mr. Holway, let's get it over with. Face it no matter how qualified people are if the County does not reappointment Connie and Jim the airport will sue again. I watched Mr. Coyne on mvtv and was sickened but his lack of fiduciary duties. He votes one law suit after another with no regards to cost for the airport or the residents of the place many of us call home. He also "was not aware" the the final numbers from the airport due Aug. 1st just recently came to the treasurer. His duty is management and care of the airport, I don't see that happening. He just wants the free perks he gets. I can see why he was only a congressman for one term, apparently his home state figured out who he was before the County Commissioners did. Very sad indeed!It's time to fix that mistake. I say any commissioners that vote to reappoint him should be ousted at our next election.
In the letter Mr. Mackey
Peter Oak BluffsIn the letter Mr. Mackey urged the county to reject candidates with conflicts of interest and “consider the reappointment of MVAC commissioners with aviation or other relevant experience who wish to continue to serve.”
Seems a bit like the way our federal government is operated now. We have an attorney for the airport commission "lobbying" the DCC to appoint who he wants on the board. Is he a resident/taxpayer of Dukes County? The DCC is voted into their positions by us, to represent us, not you Mr. Mackey. The sooner the DCC get rid of the remaining airport commissioners that refuse to represent us, the better. What has transpired on the airport board over the last year or so is indefensible. Could not agree more with Mr. Holway's views.
As long term owner of MVY
Herbert Roskind Oak BluffsAs long term owner of MVY largest hanger, we would like to have the county appoint new, more competent airport commissioners. We hope, as the airport commissioners terms expire, they will all be replaced. These suits by the current airport commissioners must stop. They are costly, waste of money.. The money could be better spent. Get rid of this bunch and get some who respect the public's money.
By law the Airport Commission
Shortsmv edgBy law the Airport Commission is supposed to be independent. The current structure of DCC making airport appointments is an obvious recipe for failure. One way to fix this problem is to take away DCC apointments and make the Airport Comm. elected officials. The other is for the State to come in and manage the airport. Anything to stop this madness which I blame the DCC.
The way I view this failure
Oldtimer ChilmarkThe way I view this failure of a MVAC is to make sure they are not controlled by the manager which they hire. The manager should not tell them what to say or how to vote. The MVAC should be there to oversee the manager and independently make the choice to sue and spend large amounts of monies. The ENTIRE MVAC should have that vote not just preselected allies of the manager with these random "subcommittees " that meet more then the entire MVAC. I think the DCC has every right to appoint or yes move to elect MVAC members by the public. Its time that the practices of this manager be audited by an independent agency.
I agree with shorts mv. This
Flyboy42I agree with shorts mv. This latest round of lawsuits began with the county manager insisting she be included in the MVAC ex-officio. How much time, money and energy will go into gaining the same decision once again from the courts.....
The Vineyard Gazette article
Ted Stanley West TisburyThe Vineyard Gazette article cites airport attorney Mr. Mackey:
“The [airport commission] is not a mere department or subsidiary of Dukes County. The Dukes County Commission is not empowered to replace airport commissioners at will, and has no general supervisory or oversight power over [the airport commission]”
These points are well taken, however it then begs the question: “What objective entity has the duty and/or power to call the MVAC to account ?”. “To account” is to produce explanation and justification of one's behavior, policy, or performance for that which may appear unexpected, unusual, or perhaps even indefensible. It is the minimum one might expect of any non-security related government agency.
Again, Mr. Mackey:
“This decision [not to reappoint incumbents] reflects a continuation of the county’s attempts to interfere with the airport, this time by sweeping out all the incumbents whose terms expire, and replacing them with appointees who will do the county’s bidding,”
Politely this is a false premise, more viscerally it’s just bull crap. By state law (MGL ch 90 sect 51E) the county is both empowered and directed to appoint approximately one third of the members of the airport commission on an annual basis. The clear yet unstated fiduciary duty of the DCC is to evaluate and appoint based on a candidate’s history, merit, qualifications, abilities, willingness, and perhaps most paramount of all, consideration of a candidate’s sound judgement.
In the presence of qualified choices the DCC would be remarkably remiss in its duty if it were to succumb to a threat of legal action by an entity which seems driven to evolve into some form of bizarre autocracy, (a system of government whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control).
Derision of the MVAC is both rampant and vocalized. Conversely, if there is support for the current MVAC beyond its own confines, it remains unspoken; and the accompanying silence is deafening.
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