Martha's Vineyard Airport (KMVY), Vineyard Haven, Massachusetts

Executive Session Set Following Domestic Incident Involving Airport Manager

The manager of the Martha’s Vineyard Airport was involved in a domestic disturbance last Friday that resulted in the arrest of his wife and dual restraining orders between the two, police reports show.

Detailed reports prepared by Edgartown police recount a scene in which Rebecca Donnelly allegedly threw a can of fruit punch at Sean C. Flynn after they argued over her claims that he had been abusing prescription drugs.

The Martha’s Vineyard Airport Commission has scheduled a special executive session for next Wednesday at 1 p.m. The notice of the meeting that was emailed to commissioners Thursday included an attached copy of the police report.

“I’m very grateful that we’re having a meeting,” airport commissioner Christine Todd told the Gazette Thursday afternoon. “I have a lot of questions for my fellow commissioners and I have a lot of questions for the manager,” she said.

Airport commission chairman Norman Perry, who called the executive session, said he had seen the police report, but had no comment on it. He said Mr. Flynn had been at work this week.

The Gazette attempted to reach Mr. Flynn by telephone and email on Thursday but had not received a reply by 6 p.m.

The airport commission has been grappling with a variety of personnel issues over the past few months, in public and private meetings, starting with a complaint brought by former employee Beth Tessmer against Mr. Flynn, charging sexual harassment and workplace retaliation. Ms. Tessmer was subsequently terminated and is appealing her dismissal.

Separately, the airport commission — which is appointed by the county commission — has filed a lawsuit against the county, asking a judge to declare its legal autonomy in managing and administering airport affairs. That case is pending in Dukes County superior court.

Airport commissioners have also been wrangling over the development of a personnel policy which could include a clause governing drug and alcohol use in the workplace by nonunion employees, including management. The issue remains unsettled.

Mr. Flynn has been airport manager since 2005. His contract extends through June 2015.

According to police, Mr. Flynn’s wife, Rebecca Donnelly, was arrested and charged with assault and battery Friday afternoon following a disturbance at the home they share in Edgartown.

In two detailed police reports, Edgartown Det. Sgt. Chris Dolby and officer William Bishop said the argument centered around Mr. Flynn’s use of prescription medication. Ms. Donnelly allegedly drove to the Edgartown police station with Mr. Flynn’s prescription medications.

“She said he can no longer function normally and can’t even drive a car today, which is why he didn’t go to work this morning,” Sergeant Dolby said in his report.

In an interview with police, Mr. Flynn denied that he had a problem, though he did acknowledge the effects of the medications on his behavior.

“Flynn stated that he knew his speech was different, his attitude had changed, his mobility had changed, and that he was a different person,” Officer Bishop wrote in a separate report.

In the report, the police noted that Mr. Flynn exhibited slurred speech, a lack of balance, and less than favorable motor skills.

After escorting him to his home to collect his belongings, the police would not let him drive his truck.

The Hon. Tracie Lee Lyons issued dual restraining orders for Mr. Flynn and Ms. Donnelly, at their request.

Pertaining to the order, Mr. Flynn was required to surrender his firearms license, any firearms and any ammunition, according to the police report. In the course of responding to the incident and the issuance of the restraining orders, Edgartown police contacted West Tisbury police chief Daniel R. Rossi Friday. Chief Rossi raised concerns that Mr. Flynn might have access to firearms at his place of work, the police report shows, and a search ensued at the airport. None were found.

Ms. Todd told the Gazette Thursday that she and other members of the commission had requested that Mr. Perry schedule a meeting earlier than next week. “I was hoping that we would have met by the end of this week,” she said. “I have pushed and other members of the commission have pushed . . . I’m encouraged though that we are going to meet and I’m sorry that it took awhile to get to that.”

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April 16, 2014: County commission ousts incumbent Airport commissioners  

Dukes County commissioners rejected the reappointment of two airport commissioners, citing a bitter conflict over the firing of an airport employee.

A simmering dispute, stirred by a combative relationship between Martha’s Vineyard Airport management and its union employees, and fueled by a continuing feud rooted in the legal divisions between the airport and the Dukes County commissions, erupted on Wednesday, April 9, when the county commissioners voted not to re-appoint two members of the airport commission.

In a sharply divided vote and disputed procedure, the county commission rejected the applications of Benjamin Hall Jr., and John Alley to three-year terms on the seven-member airport commission. Mr. Alley, a Dukes County commissioner, has served on both the county commission and the airport commission for more than three decades. Mr. Hall, an Edgartown businessman, was finishing his first term.

Instead, the county commissioners appointed Christine Todd of Oak Bluffs, a county commissioner, to the airport commission. They also appointed Richard Michelson, a former airport employee now on disability retirement, who helped organize airport employees to form a union and served as shop steward. He has been a frequent and vocal critic of airport management.

Furor over firing

The latest clash between the airport and county commissioners began on November 8, 2013, when Mr. Flynn suspended longtime airport employee Beth Tessmer for two weeks, without pay.

Ms. Tessmer filed a complaint on January 15, 2014 with the Massachusetts Commission Against Discrimination, alleging eight specific instances of discrimination, including some charges related to the most recent disciplinary action, and others, unrelated, dating back to 2005.

Ms. Tessmer was formerly a union employee and served as shop steward. In August of 2013, she was promoted to a newly defined management position.

The airport commission held a disciplinary hearing on January 24. The airport commission wanted to hold the hearing in executive session, but Ms. Tessmer exercised her legal right to hold the hearing in public session.

Testimony from both sides was at times awkward, with several oblique references to issues the participants said they could not talk about, because it would violate privacy laws, including laws which prohibit release of private medical information.

At the outset of the meeting, Mr. Alley outlined the ground rules.

“In open session, individuals may only speak when recognized by the chair,” he said, reading from a prepared statement. “The rights the employee has in executive session do not exist in open session. However, I will permit the employee to speak on her own behalf and permit the employee to be advised by counsel. You may not participate as an active participant in the meeting.”

Ted Saulnier, former Tisbury police chief and now a practicing attorney, represents Ms. Tessmer. At one point during the disciplinary hearing, Mr. Alley objected as Mr. Saulnier conferred with his client, who submitted a statement in writing, but testified without a prepared statement.

“Please, would you not write things down as we go along,” Mr. Alley said, addressing Mr. Saulnier directly.

“Are you ordering me not to write, sir?” Mr. Saulnier responded.

“You can write all you want, but don’t read from the script,” Mr. Alley said.

“The only script I heard was from the airport manager and assistant manager,” Mr. Saulnier said.

At the end of the January 24 hearing, airport commissioners unanimously voted to uphold the suspension of Ms. Tessmer.

On February 12, the airport commission held another hearing, in response to a complaint from Mr. Saulnier that the January 24 disciplinary hearing was improperly posted, because some notices said that hearing was scheduled for 10 pm, not 10 am. In that hearing, they covered much of the same testimony, and again upheld the suspension.

On April 4, commissioners met in a special meeting that lasted 3 minutes and 23 seconds. Commissioners Constance Texeira, Denys Wortman, Peter Bettencourt, Norman Perry, and Mr. Alley voted to terminate Ms. Tessmer. Mr. Hall and commissioner James Coyne were not present.

“This is a difficult decision to make, but I think it’s in the best interest of the operations of the airport,” Mr. Bettencourt said.

Mr. Saulnier did not respond to phone messages asking for comment.

Appalled by meeting

“I’m not going to vote for any of the incumbents,” said county commissioner Tristan Israel at last Wednesday’s meeting of the county commission. “This is not about who’s right and wrong. I was appalled at the way that meeting was run, appalled at the lack of process.”

Mr. Israel, a Tisbury selectman, referred to the January 24 employee disciplinary hearing before the airport commission. “This is hard for me because I know and, believe it or not, care about the people that were there, including the guy I’m sitting with at this table,” Mr. Israel said, referring to his longtime county commission colleague, Mr. Alley.

“We’ve all had our personal opinions on subjects, and I respect that right,” Mr. Alley responded. “But when you’re a member of the board, you must be careful not to let what people believe to be true cloud the actual facts, without knowing actual facts. Your opinions are not valid to deny reappointment to the airport commission.”

Process disputed

The usual procedure for county appointments is for applicants to submit a letter asking to be appointed. Mr. Alley, Mr. Hall, and Mr. Michelson submitted letters that met the advertised deadline set by the county commission. Ms. Todd did not.

At the outset of the April 9 meeting, Ms. Todd, serving in her first term as county commissioner, announced she would be a candidate for the airport commission appointment.

“I think I would bring a fresh approach to the committee,” Ms. Todd said. “I’m convinced there needs to be some change there.”

Mr. Alley objected, saying the commission was not following its own procedures. Mr. Israel said a letter of intent did not amount to a nomination, and that the commission is free to nominate anyone to the airport commission.

On paper ballots, commissioners Tom Hallahan and Melinda Loberg joined Mr. Israel and Ms. Todd in voting to appoint Ms. Todd and Mr. Michelson.

In a phone interview Tuesday, Mr. Alley said he was displeased with the process. “I thought it was bad government, if you don’t follow the process that you, the county commission, established,” Mr. Alley said. “I handled the hearings to the best of my ability. Yes, they were contentious, but one had to be very careful that you follow all the applicable laws.”

Mr. Hall offered muted criticism in a phone conversation Monday. “The Dukes County commissioners had the right to appoint anyone they want,” he said. “While the procedure was a little bit flawed, I’m not going to challenge their wisdom.”

In a phone conversation Tuesday, asked about his previous criticism of airport management, Mr. Michelson said he will assume his new role with no personal animosity, but he will consider changes in airport management.

“I’m there to try to make things better, maybe make some changes in direction,” Mr. Michelson said. “What I need to do at this point is attend some meetings, do some research, get some information, then make some decisions on whether I think airport management needs to change.”

In a telephone interview on Wednesday, airport manager Sean Flynn was asked to comment on the new appointments. “The (county) commission appointments seemed to take a different course this time,” Mr. Flynn said. “We’ll have to deal with the cards we have. We’ll take the county’s appointments and work with their two appointees.”

Not the first time

Last week’s action was not the first time the county commission acted to ground incumbent airport commission members due to their unhappiness with airport commission actions. Over the years, the county commissioners have not hesitated to use their power of appointment to remove members of the airport commission with whom they disagreed during their frequent clashes with the airport commission, that by state statute has sole responsibility for airport affairs and management.

The tension between the county and airport commission is rooted in the transformation of the county from a regional government body led by an elected and unpaid three-­member commission to a paid county manager form of government, under the control of an elected and unpaid seven-­member commission.

At one time, the airport terminal was a crumbling World War II era building, the business park was littered with junk automobiles, and record keeping and the collection of rents and fees was an informal, poorly managed affair.

On Aug. 17, 1995, the newly elected members of the county commission appointed themselves to the then five­-member airport commission, which already included two county commissioners, creating a nine­-member airport commission. The self­ appointment, in possible violation of conflict of interest rules, was allowable due to special legislation filed in 1987, at the request of the county, that allowed county commissioners to also serve as airport commissioners for the state’s only county­-owned airport.

But efforts by the county commissioners and the first county manager to exercise more direct control over the airport faltered when state officials threatened to withhold funding for a badly needed new terminal.

In September 1998, the county commissioners agreed to and signed a contract with the Massachusetts Aeronautics Commission guaranteeing millions of dollars in state funding for a new Martha’s Vineyard Airport terminal and general aviation building.

Those grant assurances curtailed the authority of the county commissioners and the county manager over all airport affairs and put it squarely with the airport commission.

In January 2001, the county commissioners reduced the size of the airport commission. But notwithstanding the grant assurances, disagreements over authority continued, and in December 2002 the airport commissioners filed suit against Dukes County over the continuing refusal of the county manager to allow the airport manager William Weibrecht and then assistant manager Sean Flynn to be paid the full salaries agreed to in contracts signed by the airport commissioners. At issue was whether the county had authority over airport employees.

In their next round of appointments in January 2003, the county commissioners struck back. Bypassing individuals with aviation and business backgrounds and no county ties, the county commissioners appointed two county commissioners and a county employee to the airport commission.

In a decision entered on July 18, 2005, Superior Court Judge Robert H. Bohn Jr. ruled that the Dukes County commissioners were wrong to insist that they, and not the members of their appointed Martha’s Vineyard Airport Commission, had the authority to set the salaries of their professional airport manager and assistant manager.

It was an expensive legal lesson for county officials. Judge Bohn also slapped the county with a hefty bill. In total — including back wages, triple damages, and legal fees for all involved — the defeat totaled more than $800,000. The award of triple damages was later rescinded on appeal.

Source:  http://www.mvtimes.com
 
February 20, 2014: Workplace Dispute Puts Airport in Spotlight 

An employee at the Martha’s Vineyard Airport is at the center of a tangled workplace dispute that has occupied the airport commission as charges and countercharges play out both publicly and behind closed doors.

Beth Tessmer is employed by the airport as a fixed base operator administrator, but has been disciplined by the airport commission in the last few months and is currently on paid administrative leave. She was also suspended for two weeks without pay in November for insubordination. Her formal appeal of that action has been the subject of two proceedings before the airport commission.

Meanwhile, she has filed a complaint with the Massachusetts Commission Against Discrimination claiming sexual harassment and retaliation in the workplace. The complaint names airport manager Sean Flynn, the Martha’s Vineyard Airport Commission, the Dukes County Commission, the County of Dukes County and assistant airport manager Deborah Potter.

The MCAD complaint and Ms. Tessmer’s appeal of her suspension have been the subject of a series of meetings before the county and airport commissions, some held in executive session and some televised on MVTV, in recent weeks.

A complaint obtained by the Gazette from MCAD and dated Nov. 22 alleges employment discrimination and the creation of a hostile work environment under Mr. Flynn’s leadership. Mr. Flynn has been airport manager since 2005. Previously he served as acting manager and assistant manager.

The four-page document was filed with MCAD and signed on Ms. Tessmer’s behalf by her attorney Theodore Saulnier, the former police chief in Tisbury who is now a practicing attorney in Falmouth. It lists eight separate complaints that describe incidents that allegedly took place between 2005 and 2013. The alleged incidents involve Mr. Flynn’s treatment of Ms. Tessmer’s private life, and in the complaint she claims an “ongoing pattern of discrimination based on gender and one or many perceived handicaps.”

Ms. Tessmer did not return telephone calls seeking comment on her complaint. Most parties named in the complaint declined to comment.

Mr. Flynn said he had no comment professionally.

“Personally, my comment is that these are, until they are referred by the competent court of jurisdiction, merely complaints, allegations, and we are handicapped in our response, in what we can say to you, the press, to defend ourselves,” he said Thursday.

He said his first responsibility was to honor the rights of the employee.

Parties in the case have questioned whether the MCAD complaint is public record. Regulations for the state agency state that the initial charge, or complaint, filed with the state agency “shall be available for public inspection upon making appropriate arrangements with the commission.” Exceptions are allowed for charges that are placed under protective order by MCAD or processed as a pseudonym complaint. Ms. Tessmer’s complaint appears to be neither of those.

According to the complaint, Ms. Tessmer has been an employee at the airport since 2004. She was promoted to her current position last August, a management position, which meant she was no longer a union employee.

The complaint also claims that Ms. Tessmer was suspended by Mr. Flynn two weeks after she had visited MCAD offices in Boston to inquire about filing a complaint. The state agency is charged with protecting civil rights in the workplace.

Among other things the complaint claims Mr. Flynn, her supervisor, made verbal references to her body at the workplace, and preoccupied himself with her work attire. It alleges that she was subjected to repeated, detailed comments about her manner of dress and its appropriateness for the workplace. “No other employee has been subject to such comments at the airport,” the complaint says in part.

At an open meeting held last week the airport commission voted to go into mediation to resolve the various disputes with Ms. Tessmer, including the MCAD complaint. In order for that to occur, Ms. Tessmer must agree to mediation. The Gazette was unable to confirm with her attorney whether she had agreed.

Earlier, in a meeting on Jan. 24, the airport commission voted to uphold Ms. Tessmer’s suspension. The meeting was held in public at the request of Ms. Tessmer. The commission took the same action in a rehearing on Feb. 12. The rehearing was held as a result of a typographical error on the original meeting notice posting.

A videorecording of the Feb. 12 meeting on the Martha’s Vineyard Community Television website as well as minutes provided by the airport manager on Thursday, show that in a separate agenda item that day, the airport commissioners discussed two charges brought against Ms. Tessmer by airport management in a letter which might put her at risk for termination.

In the letter, airport management claims that Ms. Tessmer allegedly aided union employees in filing grievances, a violation of state law. She was further observed to have removed a copy of the staffing schedule from the airport premises, a violation of security protocol, the letter said. Both of the actions were allegedly caught on security videotape and reviewed by Ms. Potter the assistant manager, Mr. Flynn the manager and John Alley, the chairman of the airport commission. At the conclusion of the Feb. 12 meeting, the airport manager spoke of Ms. Tessmer’s previous success as an airport worker.

“I do want you to know that Beth did a fantastic job in her customer service position,” Mr. Flynn said. “She works well with the customers, with the people that walk through the door . . . that was the premise for her promotion. This is not about that, and this is merely about the issues, and I felt like I left that out.”

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