AG investigating charges airport board violated meeting laws

COLUMBUS - The Nebraska Attorney General's office is investigating alleged violations of meeting laws by the Columbus Airport Authority, charges which some say were lodged in part as a result of personal issues being fought out illegally through the board..

The attorney general's office is investigating allegations that the authority is violating several open meeting laws. Among them:.

Meeting minutes are not accurately recorded and are altered;

Meeting times at noon on the second Tuesday of each month prohibit public attendance;

Public records are not made available;

Authority business is discussed outside of board meetings;

The agenda is altered less than 24 hours before a scheduled meeting; and

Improper business is discussed during executive sessions.

A petition asking the state agency to look into the charges was signed by several pilots who frequent the airport and submitted Oct. 25. Rick Gasper, who signed the petition, was elected to the board in November.

Meanwhile, many of those who signed the document are showing their support for Avcraft, a fixed base operator at the airport that handles fueling and repairs for aircraft, as well as offering services for pilots.

Gasper said, "Anybody who's on the board down there should support his FBO."

Questions have been raised as to whether the petition was politically motivated by those who support Avcraft. Owners Keith and Janace Harbour said they have faced pressure from the Authority, particularly Director Tim Michaelsen, following the company's request to recoup losses after the runway expansion affected their business.

"It's kind of a nasty little situation," Keith Harbour said.

Many who signed the petition sent to the attorney general also signed a letter to the Authority seven days prior to that in support of Avcraft.

The Harbours said the runway expansion at the airport was meant to take about 30 days for construction, but instead was conducted on and off for four months, costing them about $36,000 in profits from loss of business.

As a result, Authority Attorney Raymond Baker said Avcraft requested reductions in its licensing fee, flowage fee for fuel that is pumped through airport equipment, and compensation for lost business.

Baker said that such relief cannot be granted because the state constitution dictates public funds cannot be used for private purposes, and granting the Harbours such relief would mean more taxpayer money used to fund the airport.

Meanwhile, the Harbours allege Michaelsen, who was part owner in Avcraft when it started up 13 years ago, is using the board to inhibit Avcraft's growth.

"He's using his power on the board to make this a personal issue," Keith Harbour said.

The Harbours contend, while on the surface the allegations about the open meeting laws stand by themselves and are not politically motivated, the violations are in part a result of Michaelsen's attempts to manipulate the board through illegal means to harm Avcraft.

In a letter to the attorney general's office, the Harbours wrote, "The main concern is the Chairman of the Board, Timothy Michaelsen. His personal agendas surmount his civic duties. He is more interested in retaliating because the inquiry letter was written than solving the situations outlined in the letter."

Michaelsen could not be reached for comment.

Keith Harbour said he has heard Michaelsen make comments at meetings to the board secretary that, "You don't have to put that in the agenda."

They also allege Michaelsen has polled certain members of the board outside of meetings, then taken official action as a result of the poll. By law, official action can only be taken at a scheduled meeting that is advertised in advance.

The Authority hired an outside attorney to respond to the attorney general's announcement of the probe.

In a letter to the attorney general's office, Michael Heavey of Papillion said he contacted the majority of those who signed the petition to ask them about their complaints.

Addressed to Assistant Attorney Dale Comer, Heavey said that "All of the people with whom I spoke denied having any personal knowledge of any facts which would tend to support the conclusion that board meeting minutes were inaccurately recorded, altered or deleted."

Heavey wrote that "Each person with whom I spoke expressed the opinion that the meetings ... are held at a time which is inconvenient to them. Each person denied having any personal knowledge of any facts which bear upon any of the other issues raised in the letter of complaint."

Baker said that changing the meeting time "has been a matter of discussion," but said there is nothing prohibiting them from convening at noon. He pointed to the Platte County Board of Supervisors, who meet at 9 a.m. on two Tuesdays per month, when most people are at work.

Reach Heather Koontz at 563-7528 or hkoontz @columbustelegram.com.