AG says airport commissioners did not violate open meeting law

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The Office of the Attorney General said members of the Martha’s Vineyard Airport Commission did not violate the open meeting law by deliberating outside of regularly scheduled and posted meetings. The ruling, in a letter dated July 28, was in response to a complaint by attorney Ted Saulnier, former Tisbury police chief, who represents fired former airport employee Beth Tessmer in her lawsuit against the airport commission and airport managers.

Mr. Saulnier alleged that in early February commission members John Alley, Denys Wortman, and Peter Bettencourt met improperly with the airport commission attorney and airport manager Sean Flynn at a time when the airport commission was embroiled in controversy over its disciplinary procedures and the eventual firing of Ms. Tessmer.

In a letter addressed to airport commission attorney Susan Whalen, Assistant Attorney General Hanne Rush said, “We find that the commission did not engage in improper deliberation, either in-person, by email, or through a third party. The individual conversations between chair Alley and commissioner Bettencourt; chair Alley and Mr. Flynn; and Mr. Flynn and commissioner Wortman did not constitute deliberation because they’re all communications between less than a quorum of the commission’s members.”

Ms. Rush said that the office of the attorney general considers the matter resolved.

Mr. Saulnier has made similar allegations in his lawsuit on behalf of Ms. Tessmer now pending in Dukes County Superior Court. The lawsuit alleges slander, defamation, discrimination, retaliation under the Massachusetts “whistleblower” law, wrongful discharge, denial of due process, civil rights violations, and civil conspiracy.