COUNTY OF DUKES COUNTY COUNTY COMMISSIONERS
A Special meeting of the County of Dukes County Commissioners was held in Joint Session with the Martha’s Vineyard Airport Commissioners on Wednesday, August 25, 1999, at 6:00 p.m. in the Conference Room of the Airport General Aviation Wing, notice of such meeting having been posted as required by law.
County Commissioners Present: Linda B. Sibley, Chairman
E. B. Collins
Leonard Jason, Jr.
Leslie H. Leland (arrived 6:22 PM)
Robert Sawyer
Dan Flynn
Tim Carroll
Airport Commissioners Present: Mark Villa, Chairman
Dan Flynn
Linda Sibley
Tim Carroll
Robert Wasserman
John Alley
Frank Daly (arrived 6:22 PM)
Absent: Robert Carroll
Also Present: Carol Borer, County Manager
Michael Gilman, Counsel
Marcia Cini, County Counsel
Marsha Smolev, Executive Assistant
Stephen Muench, MAC
Phil Reynolds, Airport Manager
Chairman Sibley called the meeting to order at 6:07 p.m.
Mr. Villa called for a Motion for the Airport Commissioners to go into Executive Session to discuss strategy with respect to Collective Bargaining and Reconvene in Open Session. The Motion was made. Mr. Alley Seconded the Motion. A Roll Call Vote was taken which passed unanimously.
Mr. Villa called for a Motion to invite the County Commissioners, Marcia Cini, Michael Gilman, Phil Reynolds, Stephen Muench, and Marsha Smolev to remain in the room during the Executive Session. The Motion was made and Seconded.
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Chairman Sibley called for a Motion for the County Commissioners to go into Executive Session to discuss strategy with respect to Collective Bargaining and to Reconvene in Open Session. Mr. Sawyer made the Motion. Mr. Jason Seconded it. A Roll Call Vote was taken. The Motion passed unanimously.
Ms. Sibley also Moved to invite everyone in the room to stay. The Motion passed unanimously. Ms. Sibley asked Mr. Villa to Chair, since the meeting was “on his turf.” Mr. Villa asked Attorney Gilman to bring the group up to date.
Attorney Gilman presented a brief history of his work with both the County of Dukes County and the Martha’s Vineyard Airport, stating that over the past 15 years, he has worked closely with both. He has represented both the County and Airport on issues of labor and employment. He also represented the Airport when an airline (US Air, but Mr. Alley corrected to New York Air) tried to bring large aircraft to the Island, and when there was fuel theft. He also negotiated for Correctional Officers and the Communications Center. He recalled that in 1986 or 1987, he was concerned about a conflict of interest arising from County Commissioners also being Airport Commissioners. He drafted special legislation with the County on this issue. He has advised the Airport Manager over the years in
relation to personnel issues, and feels he has protected the interests of both the Airport and the County. He represents Tisbury, Oak Bluffs, and Edgartown. Attorney Gilman stressed he never felt he was in conflict when representing both Boards (Airport and County). He sees both Boards as Co-Employers.
(Mr. Leland and Mr. Daly arrived at 6:22 PM). Mr. Villa considered asking for a vote to include the two, but the Motion had already passed Unanimously, so there being a Majority, there was no need. Mr. Villa asked to be sure to let the record show they arrived.
Mr. Gilman continued by stating that the present situation is about negotiating a first Contract. It is his belief that this could be done with both the Airport and County deciding to have Co-Employer status. In this way, management rights of both would be preserved while bargaining for the employees. Mr. Gilman reported that he was asked to render an opinion on who is the public employer. Mr. Flynn asked who made the request. Mr. Gilman responded that it was the County Manager. It is Mr. Gilman’s opinion that while Chapter 90, the Aeronautic Statute, makes it clear that the Airport Commissioners have the authority to operate the Airport, the
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Aeronautic Statute does not deal with Negotiating a Contract (Labor Law, Chapter 150 E).
Mr. Gilman cited the Beverly case in which it was decided that the City of Beverly was the Chief Executive and therefore responsible for Airport employees. Mr. Gilman feels that case is analogous to the situation here. Attorney Gilman stated that while he is aware that the Grant Assurances indicate that the Airport Commissioners control the Airport, that does not dissuade him from what he believes Chapter 150 E means. In response to a question from Ms. Sibley about defining the roles in the negotiating team, Mr. Gilman said it is his opinion that the County is the legal employer, but that does not define how the team is structured. The County must take part in negotiations and rule on any Contract and Appropriations that come out of the Agreement.
Mr. Wasserman asked Mr. Gilman to explain Counsel’s role in negotiations.
Mr. Gilman answered that the role is defined by the client. In the past he has been the chief spokesperson in negotiations, but he doesn’t have to be. He stressed that the Airport Commissioners may have felt they could negotiate on their own without the County, but he disagrees and feels it would be a mistake for the County Commissioners to waive their right to negotiate.
Mr. Gilman expressed his hope that the Boards could negotiate as Co-Employers and not have to seek a legal ruling.
Mr. Wasserman regretted the “unfortunate” wording of the letter, saying Co-Employers isn’t clear. He acknowledged the need to move forward.
Ms. Sibley said, in an effort to move forward, the group should define the interests of the two Boards. She said, the Airport Commissioners are interested in job descriptions, working conditions, and “most of what’s on the table.” The County, she said, needs fiscal stability of the Airport and must see that policies, personnel, retirement, medical, remain consistent for all County Employees. Ms. Sibley sees these two roles (AC-what Airport wants for employees, CC-how this effects the County) as different. Ms. Sibley stressed that the Airport must take the lead in negotiations. She added that she did not feel it appropriate for the County to participate in Airport affairs.
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Counsel Gilman added that her description made it sound like the County is less than Co-Equal.
Ms. Sibley stated she does not feel the County Commissioners and County Manager have the knowledge to make decisions about the Airport.
Mr. Daly suggested the County Commissioners do the Administrative part of negotiations and the Airport Commissioners do the technical part.
Mr. Leland suggested that in the spirit of cooperation, there be a subcommittee made up of Airport AND County Commissioners.
Mr. Villa mentioned a past meeting with Mr. Muench, Mr. Wasserman, Ms. Sibley, and the County Manager, in which, he believed, it was decided the Airport would negotiate with the Union. The team, he said, should be Mr. Villa, Mr. Wasserman, and Mr. Collins. Mrs. Borer should be a resource only, in his opinion. Mr. Villa asked that everyone remember that the negotiations only involve 7 employees.
Mr. Flynn questioned Counsel Gilman about who ratifies the final Agreement. Mr. Gilman said each Board would have to ratify the agreement as Co-Employer as would the Union. He added that usually, the bargaining team is authorized by the Boards to make the Agreement.
Mr. Collins asked who signs the Agreement. Mr. Gilman said that if the County Manager has to sign Contracts, then the County Manager would have to sign it for the County.
Mr. Villa asked, “if the County Manager is required to sign Contracts for the Airport about employee business, isn’t that in direct conflict with the Grant Assurances?”
Mr. Gilman replied that the Grant Assurances have no bearing on Labor Law.
Mr. Villa questioned that response, stating that the Airport expenses include labor as part of its operating budget.
Mr. Gilman reiterated that the County Commissioners have a role as public employer under Collective Bargaining Law and the County’s signature would be required on a Contract. The County would also have a say at any negotiations.
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Mr. Villa reiterated that he believes this is a conflict. Mr. Carroll asked if the group was comfortable with Mr. Gilman representing them in any conflict. Mr. Gilman continued saying the Grant Assurances arise out of Chapter 90 and Chapter 90 does not supercede Collective Bargaining Chapter 150 E.
Mr. Flynn asked if the County Commissioners subordinated their rights by signing the Grant Assurances.
Mr. Gilman responded that legally, even if the Commissioners wanted to waive their rights, it would not be possible. Mr. Wasserman said the Airport Commissioners don’t want to create an issue. Mr. Sawyer stated it was presumptuous for the County Commissioners to get involved in job definitions of Airport employees, but certainly they had a fiscal responsibility. He believes the Charter would supercede any Grant Assurances and finds the undercurrents of the meeting unfortunate. He also stressed that the Negotiations involve only 7 employees. Mr. Sawyer said the Team should include Mr. Wasserman, Mr. Collins, and the Chief Executive of the County, Mrs. Borer.
Mrs. Sibley said the Airport has a person analogous to the County Manager, Mr. Villa, and he should be on the Team as well.
Mr. Jason suggested the Team be: Mr. Villa, Mrs. Borer, an Airport Commissioner and a County Commissioner.
Mr. Wasserman asked if there was a previous edition of the letter from Mr. Gilman stating his opinion regarding public employer. Mr. Carroll suggested that there was one in July. Mr. Gilman said there was a draft of the letter that was sent to the County Manager. Mr. Wasserman said he’d seen a letter earlier. Mr. Muench asked for clarification about the date of Mrs. Borer’s letter to the Union. It was believed to be June 28, 1999.
Mr. Muench said that in the past Co-Employer status was only accepted because nobody protested, and that once a Contract is signed, there’ll be “two different worlds” of personnel. He added that the County Manager is
an important resource. Who will decide questions of part-time and full-time status?
Mr. Gilman answered that there’ll always be those questions but the group has to decide if it wants to wait and see which questions arise and deal with them then, or if it wants to look at the opinion of the employer status and
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get a definitive answer first. The reason, Mr. Gilman reiterated, he suggested Co-Employer status was because it hadn’t been litigated (heard or tried).
Mr. Carroll stressed that the important thing was to move forward. Have both Boards ratify the Contract.
There was additional discussion about the makeup of the Negotiating Team. Mr. Alley asked the County Commissioners how they felt about Mrs. Borer being an equal member of the Team. Ms. Sibley said the County Commissioners had already voted to send Mr. Collins to the meetings but she felt the County Manager had to be there too since she is the Chief Executive. Ms. Sibley feels Mr. Wasserman and Mr. Villa should be there too. Ms. Sibley stressed that the Airport Commissioners had to be first in deciding (had to lead) if an Agreement was satisfactory, because of the Grant Assurances.
Mrs. Borer reminded the group that in the end, all the negotiating members meet and the Attorney speaks to the Union. Mr. Villa remarked that there was no obligation to Mr. Gilman or any other Attorney.
Mr. Wasserman thought the Team would negotiate. Mr. Flynn agreed, adding 4 people would meet with the Union alone until legal problems arose and then Mr. Gilman would be called. Mr. Jason wanted to be sure the Team would have the authority to make a deal.
Mr. Sawyer explained that he believed the Team of 4 would need the acknowledgment of the Boards.
Mr. Carroll asked if the group was comfortable with Mr. Gilman representing them in any conflict. Mr. Villa said each Board should decide on Counsel separately.
Mr. Wasserman would like to have a second legal opinion. He would like Counsel Bob Holland to speak with Mr. Gilman. Mr. Muench added that
there may be a third opinion as well. Mr. Gilman said he was perfectly willing to speak to other Attorneys, but once that path is taken, it gets costly and someone else makes the decision.
Mr. Jason questioned what would happen if the Attorneys disagree. Mr. Wasserman said, “not to worry about it.”
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Mr. Flynn suggested each Board have its own Attorney. There was discussion about whether the decision should be made by Motion of separate Boards, or jointly. Mr. Sawyer said he wanted to leave the meeting with a consensus that the Team would be Mr. Collins, Mrs. Borer, Mr. Villa and Mr. Wasserman, and Mr. Gilman, if needed.
Ms. Sibley reiterated that the two Boards agreed to send representation as defined by this group. Mr. Carroll still felt the Airport Commissioners had to discuss their representation.
Mr. Jason moved that the County Commissioners end their Executive Session and return to Open Session. Mr. Carroll Seconded the Motion. There was a Roll Call vote that passed Unanimously. The County Commissioners then adjourned at 7:33 PM.
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JOSEPH E. SOLLITTO, JR.
CLERK OF THE COURTS
minutes 082599joint.doc
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