The city of Starkville admits in a recent ethics defense it failed to provide former George M. Bryan Airport fixed-based operator Kenneth Aasand documents in a timely manner and attributed the error to a “lack of communication and follow-up.”
Aasand, who filed the claim after failing to receive minutes from the Starkville Airport Board’s December, January and February meetings within the city’s seven-day window for producing public records, confirmed to The Dispatch he filed a fourth ethics complaint against Starkville that alleges the city again failed to provide him documents in a timely fashion related to an aviation fuel dispute lingering since aldermen canceled his business’ contract in 2016.
The Mississippi Ethics Commission previously ruled in Aasand’s favor on two separate claims – the airport board improperly entered into executive session Jan. 26, 2016, and failed to keep proper minutes from that meeting, and Starkville failed to respond timely to a public records request in October – but MEC did not impose penalties on the city for the violations.
Mayor Parker Wiseman confirmed last week aldermen met behind closed doors to acknowledge the receipt of a third claim.
The mayor also said Starkville sent Aasand documents associated with his fourth claim this week and is working with the former fixed-base operator in regard to additional questions.
“We dropped the ball in regard to timely responding to his public records requests. It was an honest mistake where … everyone operated from the assumption that someone else was fulfilling those requests,” Wiseman said. “We have a duty and a responsibility to timely respond to public records requests. There is never a good reason for us to not timely respond. We just did not thoroughly follow through.”
Communication issues
Starkville first began working on Aasand’s March 28 Freedom of Information Act request for airport board minutes the day it was received, but a breakdown in internal controls led to the documents’ untimely production, wrote board attorney Chris Latimer in the city’s response to Aasand’s third claim.
According to Latimer’s response, City Clerk Lesa Hardin immediately forwarded Aasand’s request to airport manager Rodney Lincoln. Lincoln then brought the documents to City Hall for duplication the next day, but Hardin was not notified they were available for production, the city’s defense continues.
Neither city officials nor Aasand followed up on the documents’ status, Latimer writes. Aasand received the requested documents this month.
“Instead of checking with the city on the status of the production, Aasand filed the complaint in this case,” Latimer wrote in the defense. “Candidly, the untimely production is vexing given that the city has attempted to take steps to ensure timely production in light of Aasand’s previous public records complaints.”
Since the city’s late production was “inadvertent, rather than willful or wanton,” Latimer asked the MEC not to impose sanctions or penalties and affirms Starkville will take “remedial measures to tighten up its process and procedure for timely records production.”
Fuel dispute
Aasand’s fourth MEC filing stems from the untimely production of documents associated with an internal city review of his claim that Starkville owes him about $2,000 for excess fuel he owned at the time of his business’ winding up last year.
On Feb. 2, 2016, aldermen canceled the city’s contract with Aasand’s Grassroots Aviation, and the city gave Aasand 90 days to vacate the municipal building he leased at the airport. A reason for the contract’s termination was not given.
The winding up of his business was almost complete at the end that month, Aasand said, but residual aviation and jet fuel he previously purchased remained in city-owned tanks.
The city ordered the gas tanks filled after it was believed he abandoned his business, he said, intermingling the Aasand-purchased fuel with the city’s order.
“At this point, I was frustrated and dumbfounded. I was aghast the city would come in while I was still pumping fuel and I was FBO and put fuel on top of my fuel,” he said. “Normally you (measure) the tank … and transfer that from one owner to the new owner. I couldn’t do that because they put fuel on top. They measured (former George M. Bryan Airport fixed-base operator Ratliff Air Services owner Mickey Ratliff’s) tanks (when Grassroots Aviation assumed the fixed-based operation services from RAS in 2015), and Rodney Lincoln was right there on top of us as I wrote Mickey a check. Rodney didn’t do the same when it was my turn.”
Both Aasand and Wiseman verified the city told Aasand he would not receive a reimbursement because there was no measurable fuel left in the tanks, but Aasand’s ethics complaint includes his own record of fuel levels as the basis of his claim.
“We will continue to investigate any claims he makes with respect to the fuel he believes he has a claim on. At this time, however, our investigation has not revealed any verifiable claim of fuel that would result in the airport board owing Mr. Aasand a payment,” Wiseman said. “He was sent a response this week (to his previous FOIA request) and has asked follow-up questions. We will work to respond to those as quickly as possible.”
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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