HomeMy WebLinkAboutExecutive 2011-9-27MEETING MINUTES
Nantucket Memorial Airport Commission Executive Session — September 27, 2011.
The meeting took place at Town of Nantucket's Community Meeting Room, First Floor,
4 Fairgrounds Rd, Nantucket.
Present:
Vice Chair Sheila O'Brien Egan
Commissioner Carl England
Commissioner Arthur Gasbarro
Commissioner David Gray
Town Counsel John Giorgio
Town Counsel John "Jack" Dolan
Selectmen Chairman John "Rick" Atherton
Town Manager C. Elizabeth "Libby" Gibson
Meeting called to order at 6:55 p.m. following an Open Session meeting, to conduct
strategy session in preparation for contract negotiations with the airport manager.
The following is a summary of topics, and not intended to be a transcript.
Giorgio: The validity of the purported contract with the Airport Manager is in question
due to a lack of detail in the notice of the executive session meeting, and because the
contract was awarded in executive session, not open session. The performance, character
and reputation of Manager may not be discussed in this session. The Commission should
consider whether the Manager should have an employment contract or function as an
appointed employee at will.
Egan: All parties present should be on notice that all discussion in this session must
remain private, and not disclosed to any outside party.
Dolan: Explanation on the ability of the Commission to award employment contracts.
The Commission cannot statutorily enter into multi -year employment contracts. He
typically recommends against contract. The purported contract contains a removal -for-
cause clause that is concerning, and differs from the standard town contract.
Gasbarro: Suggests that the Commission fully explore the validity of the purported
contract.
Giorgio: If the Manager agrees to voluntary rescind the purported contract, the
Commission would need to accept it in an open session meeting.
Gray: What are the legal ramifications of rescinding the contract?
Giorgio: Time will tell.
Dolan: The benefits enumerated in the purported contract are questionable, and may not
encompass all benefits that the Manager is receiving such as free hangar space.
England: Does Bill McGrath own or lease the hangar, and provide the space to the
Manager?
Giorgio: That would create another set of difficulties.
Gasbarro: Commission should clarify the arrangement with respect to the hangar space
Giorgio: The Commission could choose to instruct Counsel to discuss voluntary
dissolution of the purported contract with the Manger. Another option is that the
Commission could choose to instruct Counsel to work on a negotiated severance
agreement with the Manager.
Gasbarro: Motion: The Commission instructs Town Counsel to ask the Manager to
release any claims under the purported contract. If he is not amenable, Town Counsel
will contact the Attorney General's office for an opinion of the validity of the contract.
Gray: Seconds the Motion
Roll Call:
Egan — Aye
England — Aye
Gasbarro — Aye
Gray — Aye
Dolan: Will attempt to meet with the Manager tomorrow.
Meeting adjourned at 7:56 pm
Respectfully submitted,
Commissioner Arthur Gasbarro
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