<p>At a special meeting marked by bitter acrimony Thursday, county commissioners recast their controversial votes from last month when they ousted two airport commissioners and appointed three new ones.</p>
At a special meeting of the Dukes County commission Thursday marked by bitter acrimony, commissioners recast their controversial votes from last month when they ousted two airport commissioners and appointed three new ones.
The new vote was in response to an open meeting law complaint filed by one of the ousted airport members. Constance Teixeira, the former chairman of the airport commission who was not reappointed in March, had filed a complaint with the Massachusetts Attorney General claiming the vote was taken in violation of the open meeting law. She also has asked the attorney general to vacate the appointments of the three new commissioners.
And in the latest volley from the other side in a long and costly legal battle between the two agencies, the county commission announced it is seeking legislative protection for its appointing authority.
On Thursday county commissioners, visibly agitated about the open meeting law complaint, spent much of the hour and 15-minute meeting arguing over parliamentary procedure, language used in making motions and amending a letter of response to the complaint prepared by their attorney.
One flareup happened when commissioner John Alley objected to re-voting before any of the commissioners had seen the open meeting law complaint.
“You know, you’re about as sensitive as a grape,” said Mr. Alley, speaking directly across the table to commissioner David Holway.
“I’ve been in public life for 44 years,” Mr. Holway responded, “and I have never been insulted so many times, and it’s all by the same person.”
“You have to laugh,” said commissioner Leonard Jason Jr. “This is ridiculous.”
Mr. Alley, who served on the airport commission for 33 years and is also a county commissioner, was ousted from his seat as chairman of the airport commission by fellow county commissioners last year.
The open meeting law complaint filed by Ms. Teixeira and under review by the attorney general, involves an alleged technical violation. During two meetings of the county commission held in March and February, three commissioners participated remotely by telephone at different times. Open meeting law guidelines developed by the attorney general state in part that “all votes taken during a meeting in which a member participates remotely must be by roll call vote.”
In their letter of response, the county asserted that the March 11 vote to appoint three new commissioners was proper because the commissioners voted by signed ballot, individual votes were read into the record and the ballots were made public. “The commission believes that its ballot and election procedure was tantamount to a roll call vote, as each commissioner individually articulated his or her votes,” the letter says in part.
Nevertheless, out of an “abundance of caution,” as stated in the letter, the commission decided to reaffirm their votes at Thursday’s meeting.
Chairman Leon Brathwaite, on the advice of the county lawyer, attempted to lead the panel through a carefully choreographed procedure to recast the votes appointing new airport commissioners on March 11, as well as all other votes from that meeting, and a previous meeting held on Feb. 25.
In her complaint Ms. Teixeira also claims that commissioners improperly deliberated about the airport appointments outside of a public meeting. In its letter of response the county vigorously refutes the claim, calling it “the most troubling allegation.”
“What a terrible waste of time and money,” said county commissioner Tristan Israel at the meeting. “We took painstaking efforts to make this process fair and compliant with a reasonable, good process of government.”
Meanwhile, county manager Martina Thornton told the commission that state Rep. Timothy Madden has filed an amendment to the budget bill now before the House of Representatives, seeking to clarify the county commission’s authority to make appointments.
“Notwithstanding any general or special law to the contrary, neither the aeronautic commission nor the airport commission in control of Martha’s Vineyard Airport shall in any way interfere with the rights of the county commissioners of Dukes County to appoint airport commissioners at the expiration of a term or upon a vacancy,” the amendment states. “This section shall not be construed to authorize a reorganization of the airport commission.”
In a letter to the county commission last month, Massachusetts Department of Transportation Aeronautics Division administrator Christopher Willenborg challenged the new airport appointments. The county replied to the letter defending both the appointments and the process.
The airport commission has not met since February; a meeting scheduled for today was again canceled by airport manager Sean Flynn.

Comments
This would be funny if it was
Bob EdgartownThis would be funny if it was not costing the tax payer so much money. Does anyone know the running total so far the county and airport has cost us in legal fees alone?
I wonder if the Airport
Oldtimer ChilmarkI wonder if the Airport Manager and his "airport lawyer" are paying and acting as council?
Isnt it about time for the
Do It AgainIsnt it about time for the next "Charter Study Commission" to be once again formed? In reviewing the last "Charter Study Commission`s" results I cannot confirm when it is suppose to reconvene again to review the county's importance and or to continue it`s existence. Can anyone please advises?
Maybe a Gazette doing a news story about this..
http://dukescounty.org/Pages/DukesCountyMA_CharterStudy/index
Whether they like it or not,
Ronald Beaty Cape CodWhether they like it or not, the Dukes County Commissioners must adhere to the Massachusetts Open Meeting Law just like wveryone else.
The number one reason why NOT
VeryAnnoyed Vineyard HavenThe number one reason why NOT to vote for the Center of Living building project is the County running it! They want to expand their need so they can justify the increase for taxpayer dollars$$$! The program is great but the County is NOT! I am more favor of all six island towns doing it together without the County! Say bye bye County!!
Where are those two heroic
Was WrightWhere are those two heroic men who stood by their guns demanding the county be abolished during the County Review meetings a few years back even when they were totally outnumbered to the max?
I supported them then and will again for sure! They were the only ones that were 100% correct!!
The Open Meeting law is not
Tisbury resident TisburyThe Open Meeting law is not open to "interpretation."
Its wording is very specific. Anyone who violates the letter of the law also violates its spirit, in this case. There are too many "cutesy" moves that people will try in order to get around the Open Meeting Law, especially in local government, where everybody knows everybody and the relevant parties have ample opportunity to make telephone calls, run into each other at the PO and have a little chat, etc. IMO mailing something in or calling something is the not the same as a roll-call vote taken with all members present and looking each other in the eye. If mail-ins were allowed, it would be in the law. If this is a "technicality," then how many other aspects of various laws are mere "technicalities"? And who is doing the deciding here on what is a technicality. Duh.
The proposed Madden legislation with its wording "“This section shall not be construed to authorize a reorganization of the airport commission” sounds disingenuous, and a bit naive. Obviously, the new appointments represented an attempt to "reorganize" the commission in the sense of getting rid of some members and replacing them with others of different opinion, interest, and qualifications. Asserting this is not to be construed as "reorganization" doesn't mean others will not construe it as such. I doubt that this legislation will carry much weight and it might make Madden look like a lightweight for trying to get the legislature to circumvent existing rules and authorities in a way that appears to be tailored to a specific situation and group of people.
Why is it that these warring
Joan Malkin ChilmarkWhy is it that these warring factions can't be brought to a resolution of their issues through mediation? Something has to give - because pursuing the tack they are on (regardless of who is right or wrong) is costing all of us much too much money. It seems to me that an experienced and thoughtful mediator could find some way to achieve, if not a win/win situation, then at least a no-lose/no-lose outcome. Would a judge ever know what the REAL issues are? And will they resurface after his/her decision? Certainly a skilled mediator could find out and craft a meaningful outcome. But who has the gravitas to bring the parties to mediation?
The mediation scenario is
Tisbury Resident TisburyThe mediation scenario is probably wishful thinking. There are real issues here, and a clarification of the law is probably in the best interests of all, namely, figure out which entity has the law on its side. So far, the law is siding with the Airport Commission, not the county. The county appears to have persuaded Tim Madden to try to execute an end run around the legal process on its behalf. Probably not a good idea. It probably will not work---the legislature is not going to change the law just to please a few guys---and it will be back to a judge who will have renewed reason to look unkindly on the county commissioners. Let's see, who started the litigation route . . . ?
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