AG says airport commission violated open-meeting law twice

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The Martha's Vineyard Airport commission is responsible for the care and custody of the airport. — File photo by Nelson Sigelman

The office of the Massachusetts attorney general has ruled that the Martha’s Vineyard Airport Commission twice violated the open-meeting law, first on Jan. 24, and then again on Feb. 12. The attorney general’s division of open government also ruled that the airport commission’s longstanding practice of posting notice of regularly scheduled meetings at the airport is a violation of the law.

Both meetings involved contentious disciplinary hearings for Beth Tessmer, a nine-year airport employee who was later fired. Ms. Tessmer has filed a lawsuit against the airport commission, airport manager Sean Flynn, assistant airport manager Deborah Potter, and the Dukes County Commission, alleging slander and defamation, discrimination, retaliation under the Massachusetts “whistle blower” law, wrongful discharge, denial of due process, civil rights violations, and civil conspiracy.

After a review of three complaints filed by lawyer Ted Saulnier, who represents Ms. Tessmer in the lawsuit, assistant attorney general Hanne Rush found that the Jan. 24 meeting was originally posted as beginning at 10:30 pm, rather than 10:30 am.

“While this appears to have been a clerical error, the commission’s meeting at the time other than that posted 48 hours in advance nonetheless constituted a violation of the open-meeting law,” Ms. Rush said in a letter to airport commission attorney Susan Whalen.

Ms. Rush said that the Feb. 12 meeting, an effort to correct the Jan. 24 discrepancy, also violated the law.

“The commission’s February 12 meeting notice stated it would be re-hearing an employee dispute, but failed to mention the reason for that discussion, including any mention of this complaint or the commission’s failure to properly post notice of the January 24 meeting,” Ms. Rush wrote. “Because the chair clearly anticipated discussing those matters, we find that the commission violated the open-meeting law by failing to specifically list all of the anticipated discussion topics in its February 12 meeting notice.”

Ms. Rush also faulted the airport commission for its practice of posting notice of regularly scheduled meetings at the airport, with copies sent to the Dukes County offices, the Dukes County courthouse, and local media. She noted that the commission is a regional public body, serving all six Island towns.

“Accordingly, our office has advised the commission that, going forward, it must comply with the notice-posting requirements for regional public bodies by posting notice in each town within the region in the manner prescribed for local public bodies in that town, or alternatively, posting to the airport’s web site.”

Ms. Rush rejected a third complaint filed by Mr. Saulnier, alleging the airport commission failed to provide proper notice to Ms. Tessmer about a disciplinary hearing on April 4. At that meeting, the commission voted to fire Ms. Tessmer.

The ruling does not impose any sanctions on the airport commission, but does include a caution.

“We therefore order the commission’s immediate and future compliance with the open-meeting law, and caution that future similar conduct may be considered evidence of intent to violate the open-meeting law.”

Earlier, in a separate ruling, the attorney general’s division of open government ruled the airport commission did not violate the open-meeting law by meeting improperly outside of its regular meetings.

In that complaint, 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.