County Airport Authority
Welcome to the Sumner County Regional Airport Authority(SCRAA) page of the Government Watch Site.
LATEST NEWS About the Regional Airport Authority
This page shows information about the SCRAA, meeting times, current board members and other relatively static information. To see ongoing news and discussions about the County Commission read the LATEST NEWS.
CALENDAR
Regular meetings are the 4th Monday of each month at 5:30pm at 1475 Airport Road in Gallatin. Verify upcoming meetings at http://sumnercountyairport.com/
AIRPORT AUTHORITY WEBSITE: http://sumnercountyairport.com/
BOARD MEMBERS
David Hunter, Tom Graves, Sue McPherson, Charlie Moore, David Blankenship, Wayne Hooper, Rich Coker, Jerry Kirby, Dan Downs and Tim Adair
For those who may not be familiar with the Airport Authority here is a brief history:
I. The Sumner County Municipal Airport Authority was established by Resolution 1181-102 of the Sumner County Commission on 11/16/1981. The Secretary of State of Tennessee issued a Charter to the Authority on 11/27/81. The Authority was to have jurisdiction over the Gallatin Municipal Airport only. It was to be composed of 5 members of which one was to be a Gallatin resident, one member a Hendersonville resident, and one a County Commissioner and 2 at-large members. The initial terms of the members were staggered to between 1 and 5 years with all terms thereafter being of 5 years, and all to serve without pay except for reimbursable expenses. The County Commissioners were to make appointments for vacancies with due regard to fitness by aeronautical education, knowledge, or practical experience except for the County Commissioner. It was stipulated that the County Commissioners may submit to the Airport Authority the name(s) of prospective appointees for their recommendation as to aeronautical qualification.
II. The Charter was amended by County Commission Resolution 1186-351 on 1/20/86. This amendment changed the name of the Authority to Sumner County Regional Airport Authority. It also added 2 additional at-large members. This amendment to the charter cites that the County Commissioners shall submit names of prospective appointees to the Airport Authority for its certified recommendation as to Aeronautical knowledge and experience sufficient to qualify.
III. Via Airport Authority Resolution 101-96 dated 5/21/96 the Airport Authority charter was amended such that members of the Authority must be residents of Sumner County and that upon a vacancy, the Authority shall submit within 30 days a list of prospective members with appropriate aviation qualifications to the County Executive.
IV. Airport Authority Resolution 101-2002, dated 10/28/02, expanded the Authority to 11 members, all of whom must be residents of Sumner County and one of which may be a County Commissioner. All other members must have requisite aeronautical experience or education.
V. Several amendments to the SCRAA by-laws were adopted in 2008-2009 including an amendment adopted in 2008, in an apparent lack of County Commission oversight, which stipulated that all nominations for vacancies must originate in a regular meeting of the Airport Authority.
VI. In June, 2009, the State Legislature enacted an amendment to Tennessee Code Title 42, Section 42-3-103 relative to the Airport Authorities Act. This legislation gives the County Legislative body the authority to dissolve its Airport Authority with certain stipulations. Section 3 of this act states that “Appointments at the expiration of a term shall be filled by the governing body of the participating county which made the original appointments”.
VII. During 2009 there was much discussion about a sum of $300,000 which was transferred from the County to the Airport Authority. Apparently, the County Commission considered the sum a loan, while the Airport Authority considered it to be a grant. Ultimately, the Airport Authority agreed to treat those funds as a no-interest loan and agreed to pay it back at the rate of $2500 per month. During this period there surfaced what seemed to be personal differences between certain members of the Airport Authority and members of the County Commission and which seemed to be the cause of significant conflict between the two public bodies.
VIII. During 2010, the County Commission established an Airport Authority Ad Hoc Committee to study and make recommendations to the County Commission regarding the Airport Authority. On September 20, 2010, the County Commission adopted Resolution 1009-03 which adopted the recommendations of the Ad Hoc Committee. Among the recommendations adopted were to change the name of the Public Works Committee to the Public Services Committee and to designate it as the standing committee which will oversee the operations of the Sumner County Regional Airport Authority and act as a liaison with that body. The Airport Authority is also to report monthly to the Public Services Committee on its activities, etc. Also recommended were that prospective members of the Airport Authority would be recommended pursuant to the recommendations of the Airport Authority to the Public Services Committee through the County Executive. Member’s recommendations may also come from citizens or County Commissioners. These recommendations shall take into consideration the bylows adopted by the Airport but ultimately members shall be approved by the County Commission through its Committee process.
IX. The terms of the Chairman and Vice-Chairman of the Airport Authority expired at the end of July 2010. According to the Authority’s by-laws, members may continue to serve until duly appointed members replace them. The Airport Authority nominated the current Chairman and Vice-Chairman for re-appointment. On December 7, 2010 the Public Services Committee met and considered appointments to the Airport Authority. In the meantime, other names were placed into consideration for these appointments by members of the County Commission. As a result, there was discussion of possible legal action regarding this issue by both bodies. A motion was made to recommend the Chairman of the Airport Authority, Mr. David Hunter, for reappointment, but it died for lack of a second. Motion then made to recommend Mr. John Berwind as a new member. Motion carried unanimously. Recommendation of current vice-chairman of Authority Dr. Tom Graves passed. Motion to recommend Dr. Bill Taylor failed, as did recommendation of Mr. Steve Nelson. Motion made and carried to curtail further County funding for the Airport Authority until legal issues could be worked out.
X. On December 20, 2010 the County Committee on Committees took up the recommendations of the Public Services Committee regarding Airport Authority Appointments. Motions were made and passed to recommend Mr. John Berwind and Dr. Bill Taylor for appointment to the Airport Authority. The full County Commission took up these recommendations at their meeting on the same date and approved them. Neither appointee had previously served on the Airport Authority, nor were they recommended by the Airport Authority, though both met the aeronautical qualifications to serve.
XI. At the regularly scheduled Airport Authority meeting on January 24, 2011, newly appointed members Mr. John Berwind and Dr. Bill Taylor were in attendance. The Chairman refused to seat the newly appointed members citing the Airport Authority Charter and By-laws requiring all nominations be originated by the Airport Authority. This created quite a stir within the County Commission and among County Citizens who were aware of what had happened.
XII. At the regularly scheduled Airport Authority meeting on February 28, 2011, the current Commercial Aviation Service Provider (CASP) at the airport gave the Airport Authority 90 days notice that it would cease operations at the Sumner County Regional Airport in part because of a previous legal confrontation with the Airport Authority, but also because the owner no longer considered the Airport Authority to be a legitimate public body in regard to the previous months action to block the County’s appointments to the Authority from being seated. At the meeting, the Authority’s Attorney, Mr. Art McClellan advised that the Airport Authority had the final say in seating its members and offered three alternatives to the Authority. First, it could ignore the County Commission. Second, it could submit to the County Commission’s will. Thirdly, it could decide to file for a declaratory judgement in court. He assured the Authority that their grant assurances would not be affected. A motion was made to file for a declaratory judgement against the County and was approved. An election was made for Board Members for the Airport Authority. Motion made and carried to keep same Officers.
XIII. On March 2, 2011 the Sumner County Regional Airport Authority filed a complaint for declaratory judgement vs. Sumner County. On April 6, 2011 the Sumner County Law Director filed its response and counterclaim against the Sumner County Regional Airport Authority. This litigation is currently ongoing.
With regard to the current litigation between the Sumner County Regional Airport Authority, I believe that the important issues to be decided are:
1. Does the Authority, composed of members appointed by the County Commission which created it have the power to change its by-laws and Charter unilaterally and without the consent of the elected legislative body which created it, and;
2. Thus exclude itself from oversight by the elected legislative body such that it can operate as a private club, choosing only members of which it approves, with or without regard to appropriate qualifications.
It seems to me that to allow such a “public’ body to operate without oversight by an elective body constitutes a violation of any minimum standard of governance in a representative republic such as ours. Of course the same could be said of the many administrative bodies that have been established by the executive branch of the Federal Government.
In any event, due to recently passed state legislation, I believe that the County Commission has the authority to dissolve the Airport Authority. If the County does not get a positive result from current litigation with the Airport authority, it is my opinion that the County Commission should take steps to dissolve the Airport Authority, and either re-establish it with effective oversight, or establish an advisory body to aid in operation of the Sumner County Regional Airport with a full-time professional airport manager, and to have it advise the County Commission.