North Adams Council Debates Change to Airport Commission Appointments
New Lt. Shaun Hayden is pinned by Fire Chief Brent Lefebvre.
Vice President Ashley Shade proposed the changes to bring the city's code in line with current state laws following questions surrounding the mayor's sole authority to appoint to the Airport Commission.
Her proposal would add City Council approval to commission appointments, and prohibit any commissioner from having any current activity at the airport.
"Our city charter was established before airports were a thing and existed. This provision allowed our city to adopt an airport commission. Therefore, we need to adopt all of the language as is written in that provision and adopt that exact statute," she said.
Mayor Jennifer Macksey pushed back, calling the amendments a waste of time.
"I'm not trying to have a power play. I just want to get my job done and work with people who really want to serve and don't have to be put over the coals every time they come through here," she said.
Macksey had placed Doug Herrick, a member of the Mohawk Soaring Club, to the commission after withdrawing his appointment from the City Council two weeks ago.
He replaced one of two commissioners who resigned following approval of a lease that was then rescinded after the mayor pointed to procedural errors. One commissioner said "pressure" on his vote was his reason for resigning.
The city's ordinance, adopted in 1967, states "The Mayor shall, in the month of February, appoint a member or members, of the airport commission." The state's Chapter 90, Section 51E states commissioners "shall be appointed, in cities, by the mayor with the approval of the city council, and in towns by the selectmen." It is not clear when this language was adopted by the state.
Macksey responded that the councilors had all been sent the opinion by the city solicitor that the charter supersedes state law, not the other way around, as well as a second opinion on the conflict of interest.
"Number one, it's been very hard to get people to be on this commission. Secondly, I've learned over the last three years that it's important to have someone with some day-to-day experience in the airport and an active person in the airport," she said, later adding, "I kind of get a little grumpy when we're trying to split hairs over conflicts of interest, when I can probably go around the table and maybe tease out the conflict that all of you may have. ...
"That's why we have the conflict-of-interest disclosure form. So we can beat it up in General Government for the next five months, if you want. But I just think it's a waste of our time at this point."
She added that the City Council should leave the current situation at the airport to legal counsel.
Shade countered that the Airport Commission should be more strictly regulated as it is the only commission that can sign contracts without mayoral approval. The opinions from KP Law also seemed to contradict earlier opinions.
"The opinion we received tonight from the solicitor goes against an opinion that was received several years ago by the former mayor, Mayor Bernard, in regards to appointments, as far as meeting council approval," she said. "Also, the second opinion that was given is telling us that we don't have the ability to create ordinance changes, to essentially say who has power to serve on the commission or create other requirements, but we changed that last year when we allowed other people from other towns to serve."
Some councilors expressed concerns over going with an opinion but Councilor Lisa Blackmer pointed out they were all "opinions" until determined by a court of law. She said she'd spoken with several lawyers familiar with municipal law at the recent Massachusetts Municipal Association conference who had also said the charter superseded state law.
Her concern was trying matters in the court of public opinion, she said. "If we have a meeting and we discuss things and it's public record, then I can just see some of that showing up as testimony in a case."
"I'm not looking to have a power struggle," said Shade. "I'm not looking for lawsuits. I'm looking to prevent lawsuits and making sure that the city is following the law as is required."
Shade's other proposed changes — to add City Council approval to the Zoning Board of Appeals appointment and to have the ZBA approve and post its rules — did not stir as much debate outside of concerns of having the council responsible for appointments.
Councilors Peter Oleskiewicz and Keith Bona said the council did not have the process or capacity to vet anyone. Councilor Andrew Fitch said he'd want a statement or presentation about the nominations.
"I've really struggled over time to vote to approve people that I have no idea who they are, why people wanted them to be appointed, or why the mayor is appointing them," he said.
In other business, Shaun Hayden was sworn in as lieutenant in the Fire Department.
He was appointed as a permanent reserve firefighter in 2009 and as a full-time firefighter a year later. He was appointed acting lieutenant in 2022.
He is a member of the Western Mass Technical Rescue Team since its inception in 2012 and holds certifications in rope rescue, confined space rescue and swift water rescue.
Hayden replaces Matthew LaBonte, who retired on Jan. 10 after 32 years in the department. He was a member of the hazardous materials team, and acting lieutenant in 2006 and permanent lieutenant in 2020.
"Please join me in wishing Matt a happy and healthy retirement and a sincere thank you for his service to the city of North Adams," said the mayor.
Tags: airport commission, appointments, firefighters, ordinances, promotions,
