HomeMy WebLinkAbout1989-12-20
Town of Nantucket
NANTUCKET MEMORIAL AIRPORT
Macy Lane
Nantucket Island, Massachusetts 02554
Office of Airport Ma~aga
Phone: (508) 228-1255
BOARD OF SELECTMEN/AIRPORT COMMISSION
LIAISON MEETING
DECEMBER 20, 1989
The liaison meeting between the Board of Selectmen and the Airport
Commission was held December 20, 1989, and was called to order at
4:30 pm by the Board of Selectmen Chairperson, Nancy Sevrens.
Board of Selectmen members in attendance were, Chairperson Nancy
Sevrens, Diane Coombs, Bernard Grossman and John McLaughlin.
The Airport Commission was represented by Chairman Charles Mayhew,
Alexander Craig, Ronald Russell, Ronald Santos and E. Foley
Vaughan. Also present were Airport Manager Jo-ann M. Norris, Town
Counsel Paul DeRensis and Secretary Myrtle Eldridge.
Bill Welch and his legal counsel, Richard Schiffman were also in
attendance.
Chairperson Sevrens recognized Chairman Charles Mayhew to speak on
behalf of the Airport Commission regarding the dismissal of Bill
\'lelch as Airfield Supervisor for the Nantucket Airport. He
indicated that Mr. Welch was dismissed for insubordination, only
after conferring with Town Counsel DeRensis.
However, after the termination of Mr. Welch YTas made, Attorney
DeRensis informed Airport Management and a member of the Board of
Selectmen, that proper procedures YTere not folloYTed.
Mr. McLaughlin indicated that he had a conversation YTith Mr. Welch
shortly after his termination. It YTas his contention that an
employee should not be terminated by a "phone call" and that
notices should have been placed in Hr. vlelch' s file to record
infractions and then dismissal could be made based on the letters.
Commissioner Santos inquired if Mr. Welch had requested a hearing
from the Airport Commission prior to approaching the Selectmen.
It was indicated that he had not, and Mr. McLaughlin interjected
and stated the Airport's actions were wrongl according to laYT and
moral procedures.
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LIAISON MEETING, DECEMBER 20, 1989, continued
Mrs. Sevrens and Mr. Grossman concurred that this YTas an Airport
Commission decision and not that of the Board of Selectmen.
Town Counsel DeRensis indicated the folloYTing procedure is
preferred for the dismissal of an employee and further stated he
is of the opinion that Mr. Welch had never been discharged:
1.
hearing
Hearing, before dismissal (a safer course is a public
2. General La\-lS indicate Airport Commission is responsible
for management and appointments.
3. Indicate cause for termination.
HOYTever, as Mr. Welch had no executed contract with the Airport and
was a non-union employee, he YTould be classified as an "employee
at YTill" and would not be entitled to a public hearing.
Attorney DeRensis gave the following reasons why Manager Norris did
not have the authority to terminate Mr. Welch:
1. Massachusetts State Statute, Chapter 90, 51E, states the
Commission appoints and terminates employees
2. Authority was never delegated to Manager Norris
3. Job description permitted Mr. Welch to act as manager (or
acting assistant manager) in the absence of the manager. Attorney
DeRensis feels a clear delegation of authority YTas not given.
As Manager Norris did not
Manager, Clark McCurdy),
Commission. Delegation of
although it was a previous
hire Mr. Welch (he was hired by prior
his termination must come from the
this duty to a manager is not binding,
practice.
Selectperson Coombs agreed YTith Mr. McLaughlin in his assessment
of a lack of proper procedure in this termination.
Mr. Grossman made a motion to remand to the Airport Commission with
the hope that they deal YTith this problem and then set up a correct
procedure adopting a set of reasonable and proper rules. The
motion was seconded by Ms. Coombs and passed unanimously.
The meeting ad j ourned at approximate 1 y 5: 05 pm, YTi th a
recommendation from Chairperson Sevrens, to the Airport Commission,
to arrange for a meeting with Mr. Welch.
As this recommended meeting could not be held immediately following
the above meeting due to previous scheduling, all parties involved
in this matter adjourned to the "hallYTay".
It was agreed to have an Airport Commission M~eting in open session
(at the request of Mr. Welch), Wednesday, December 27, 1989 at 4:00
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LIAISON MEETING, DECEMBER 20, 1989, continued
pm, to address 'and finalize this matter.
In the interim, Mr. Welch will be classified as on administrative
leave and Commissioner Vaughan gave the Town Treasurer a written
notice of the change in Mr. Welch's status at the Airport.
Counsel DeRensis recommended the Commission issue a "blanket
approval" of hire for all current employees and set procedures for
employment/dismissal of future employees at the meeting to be
scheduled for December 27, 1989.
Respectfully submitted,
7? d;'
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