HomeMy WebLinkAboutExecutive session 2011-10-3MEETING MINUTES
Nantucket Memorial Airport Commission Executive Session — October 3, 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 Labor Counsel John "Jack" Dolan
Selectmen Chairman Rick Atherton
Town Manager C. Elizabeth Gibson (arrived at 5:40) -
Meeting called to order at 5:20 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 actions; it is not intended to be a transcript.
Dolan: Met with Peterson on Wednesday, September 28th per Commission request.
Peterson refused to agree to invalidate the contract. Peterson stated that the media and
the Selectmen have harassed him by their appointments to the Commission. Peterson has
consulted with an attorney, but not yet retained counsel. Peterson confirmed that he is
ready to leave the Airport, subject to being paid one -year salary.
Egan: Spoke with Peterson following Dolan meeting. Peterson reiterated his demand for
one -year salary, and expressed an interest in staying on for a transition period.
Dolan: Such situations rarely work.
Gray: Please explain "for cause" vs. "not for cause" in the purported contract.
Dolan: "Cause" — typically any reason that is not frivolous. However, the purported
contract has a higher standard similar to "just cause ".
Gasbarro: Did you review the purported contract with the Attorney General?
Dolan: Town Counsel John Giorgio did verbally, but received no formal indication.
Dolan: Peterson mentioned bringing a civil lawsuit against the Town, and raised the
lawsuit Dukes County Airport as an example. Dolan does not consider that case similar
to the current situation.
Dolan: The purported contract contains Conflict of Interest in that he would negotiate
raises that he then receives.
Dolan: No Commissioners should speak with Peterson concerning this matter.
England: Motion: In lieu of proceeding with immediate disciplinary hearings, the
Commission authorizes Labor Counsel to offer Peterson 3- months pay without benefits
subject to Peterson releasing the Town of Nantucket from all claims.
Gray: Seconds the Motion
Dolan: Manager has up to 30 -days to review a written release agreement, followed by a
7 -day retraction period once signed.
Gasbarro: Cannot support such a payout with the preliminary findings and investigation
by the Attorney General.
Roll Call:
Egan — Aye
England — Aye
Gasbarro — Nay
Gray — Aye
Dolan: Will attempt to meet with the Manager tomorrow.
Roll Call to Adjourn:
Egan — Aye
England — Aye
Gasbarro — Aye
Gray — Aye
Meeting adjourned at 6:56 pm
Respectfully submitted,
Commissioner Arthur Gasbarro