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.”
- See more at: http://mvgazette.com
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.”
- See more at: http://mvgazette.com
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