Airport Commission Appointments Spark Resignation, Sharp Allegations

By JAMES KINSELLA
Gazette Senior Writer

Concern over actions by the Martha's Vineyard Airport
commission has spurred a former airport commissioner to call for an
investigation by the Massachusetts attorney general.

The request comes as new tensions have emerged between the airport
commission and the Dukes County Commission, reflected Wednesday in a
pair of split votes on the reappointment of airport commissioners Jesse
(Jack) Law 3rd and Leslie Leland. Mr. Leland is also a county
commissioner.

Among the recent sources of tension is last Thursday's airport
commission decision to offer the new airport manager, Sean C. Flynn, a
salary not tied to the Dukes County employee pay scale. In setting the
terms of the contract, the airport commissioners disregarded an
agreement they had forged with the county commission last summer over
airport governance.

This week, in a resignation letter dated Wednesday, former airport
commissioner T.J. Hegarty called on the Dukes County commissioners to
request an investigation. Mr. Hegarty cited the airport
commission's selection of Mr. Flynn, who was not recommended by
the Scituate-based Bennett Yarger Associates, the search firm hired by
the commission.

Shown a copy of the letter yesterday morning, county commission
chairman John Alley said the commissioners would discuss Mr.
Hegarty's request at their next meeting, scheduled for Jan. 25.

In the letter, Mr. Hegarty blasted what he called "unethical
back room shenanigans" in the airport commission's selection
of Mr. Flynn. The complete text of the letter is published on the
Commentary Page in today's Gazette.

Mr. Hegarty also called the nationwide search for an airport manager
a complete sham. The airport commissioners who voted for Mr. Flynn, Mr.
Hegarty wrote, were going to pick him "no matter how unqualified
he was compared with any other applicants before the interviews even
took place."

Mr. Law could not be reached for comment yesterday.

Concern over the recent airport commission actions came to the
surface at Wednesday's meeting of the county commissioners, who
were scheduled to make appointments for four seats on the seven-member
airport commission.

The relationship between the county and airport commissions is a
complicated one, and the two have been at odds on several fronts for
some time. The county owns the airport, and the county commission
appoints the members of the airport commission, which oversees airport
operation; over the years county commissioners themselves have served on
both commissions at the same time.

Last year, the airport commission won a key case in Dukes County
Superior Court against the county commission. The case, launched in 2002
by Vineyard airport managers over a salary dispute, goes to the question
of whether the airport or county commission ultimately control the
airport.

At Wednesday's meeting, the county commissioners voted 4-2 to
reappoint Mr. Law and 4-2 to reappoint one of their own, Mr. Leland, to
the airport commission. Mr. Law and Mr. Leland were named to three-year
terms.

As airport commissioners, both Mr. Law and Mr. Leland voted to
select Mr. Flynn for airport manager - and to set aside the
airport governance agreement with the county.

Mr. Leland, Nelson Smith, Paul Strauss and Roger Wey voted in favor
of the reappointments. Mr. Alley and Leonard Jason Jr. voted against.
County commissioner Robert Sawyer, acting as temporary chairman,
abstained.

The commissioners also voted 6-0, with Mr. Alley abstaining, to name
Mr. Alley to a two-year term on the airport commission.

In the absence of any other candidates for the airport commission,
Mr. Hegarty's withdrawal leaves the commission with a vacant seat.
Mr. Sawyer said the county will seek new candidates for the seat.

At Wednesday's meeting, Mr. Law, seeking reappointment to the
airport commission, cited his initiative in discussions with government
regulators in clearing the way for a county jail to be built at the
airport. He also said he sought to resolve the airport-county dispute
through mediation before it went to court.

In discussion following Mr. Law's nomination by Mr. Wey, Mr.
Jason said, "I like Jack. We've been friends. But the most
important part of government is following the process." He said he
could not support the nomination.

Mr. Leland, seeking reappointment to the airport commission, cited
his 40 years of business background and spoke of opportunities for
increased revenue at the airport.

In discussion following Mr. Leland's nomination by Mr.
Strauss, Mr. Jason said, "For the same reason I couldn't
vote for Jack, I can't vote for you, Les."

"I respect your opinion," Mr. Leland replied.

Later in the meeting, during the public comment session, Mr. Jason
explained the reasoning behind his votes against Mr. Law and Mr. Leland.

Among other things, they spent $14,000 of taxpayer money to pay for
the airport manager search, Mr. Jason said, and then failed to follow
protocol. "They set up a certain process. They failed to follow
the process. Without process, you have chaos," he said.

Mr. Alley said he voted against reappointing the two men for
primarily the same concern over the manager selection.

But Mr. Smith, who voted to reappoint Mr. Law and Mr. Leland,
praised their work as public servants - though he said he did not
necessarily agree with all their decisions. Mr. Strauss said he believes
both men have done good work.

"I think they've done a good job," Mr. Wey said.
"I disagree with some of their decisions."

Asked to what extent they were concerned about the airport
commission's decision to set aside the governance agreement, Mr.
Strauss said he was not highly concerned, and Mr. Wey said the decision
properly rested with the airport commission, even though he did not
agree with it. Mr. Smith said the decision did concern him, though he
was uncertain how the airport commission's subsequent victory in
the court case affected the agreement.

In a general discussion that followed, Mr. Leland said he understood
that the court victory made the governance agreement moot. Mr. Alley
also said the airport commission in its recent discussion viewed the
agreement as a stopgap measure until the lawsuit was resolved.

Mr. Jason replied that he understood the agreement stood apart from
the lawsuit. County manager E. Winn Davis said the court victory gave
the airport commission the right to independently sign a contract with
the new airport manager and set his salary, but did not obligate the
commission to do so.

Reflecting on the discussion over setting aside the governance
agreement, Mr. Strauss said, "I'm more concerned now."