Federal Inspectors Find Lapses in Security at Vineyard Airport

By JAMES KINSELLA
Gazette Senior Writer

A federal inspection last November found lapses in security at the
Martha's Vineyard Airport.

Among the findings: the airport was unable to account for keys
issued for vehicle and pedestrian gates that provide access to the air
operations area and secured areas at the airport.

In a Dec. 16 letter to airport manager Sean Flynn, the
Transportation Security Administration said it was investigating
circumstances surrounding the failure of the airport to comply with a
number of federal security rules. The letter was based on an annual
agency inspection conducted Nov. 28 and 29.

The letter also stated that the airport had not conducted an audit
of its identification badge system in more than a year, that unaccounted
badges reached more than five per cent of the total, and that the
airport had failed to train some employees who received identification
badges.

The author of the letter, George Naccara, the federal security
director at Logan International Airport in Boston, said Wednesday that
security conditions had improved at the airport.

"We have two people out there today," he said.
"They met with the director. They're very satisfied with
what they saw."

But Mr. Flynn did not inform the airport commission, which
supervises him, of the November inspection by federal security officials
until earlier this month. The airport commission has not met since Jan.
5 for lack of a quorum.

Reached by telephone yesterday, Mr. Flynn said that the security
agency had instructed him not to comment on anything concerning the
inspection. "Essentially, we've been gagged," he said.

The news of the security lapses and the subsequent letter to Mr.
Flynn surfaced this week after a former airport commissioner, T.J.
Hegarty, had sent a Freedom of Information Act request to Mr. Flynn that
asked about airport interactions with the security agency. In a Feb. 9
letter to Mr. Hegarty, Mr. Flynn wrote that he did not receive a copy of
the Dec. 16 federal letter until Feb. 8.

In the letter Mr. Flynn also wrote that the issues raised by the
federal agency either had been resolved or that further discussion was
required for resolution.

At no point did Mr. Flynn tell the airport commission at a
commission meeting about the inspection. Inspectors typically would meet
with the airport manager before concluding an inspection, Mr. Naccara
said.

On Nov. 28 and 29, when the inspection was conducted, Mr. Flynn was
acting airport manager. The following Saturday, the airport commission
interviewed him and other finalists for the permanent manager's
post. On Dec. 7 the commission voted 4-3 to name Mr. Flynn the permanent
manager. On Jan. 5 the commission approved an employment contract with
Mr. Flynn.

Mr. Naccara said the security lapses and problems at the Vineyard
airport were "not that far out of the ordinary. They need to be
dealt with right away. Typically, the actions are taken in a day."

Mr. Flynn released a copy of the security agency's letter in
response to a freedom of information request dated Feb. 2 by Mr.
Hegarty.

Mr. Hegarty sent copies of his information request to John Alley, an
airport commissioner and chairman of the Dukes County Commission, as
well as to county manager E. Winn Davis.

Both Mr. Alley and Mr. Davis said Tuesday they were unaware of any
security agency inspection at the Vineyard airport until Mr. Flynn
responded to Mr. Hegarty's information request.

Mr. Alley said that a security agency official had told him that he
could not discuss details of the Dec. 16 letter. He said he gave the
official his word he would not do so.

"Yes, there is an ongoing investigation between the TSA and
the Martha's Vineyard airport," Mr. Alley said Tuesday.
"Unfortunately, I cannot comment any further on it."

In the Dec. 16 letter, Mr. Naccara said the security agency was
investigating the circumstances surrounding the failure of the airport
to comply with a number of federal security rules, including:

* Carrying out provisions of its approved airport security
program.

* Training each individual before granting unescorted access to
secured areas and secured identification display areas, where
identification badges must be visible.

* Conducting, at a minimum, an annual audit of the
identification system.

* Revalidating identification badges if badges are lost, stolen
or not accounted for.

* Maintaining a record of training individuals.

* Ensuring that only individuals authorized to have unescorted
access to the secured area can gain entry.

The letter gave Mr. Flynn the opportunity to respond. "Your
statement should include all pertinent facts and any extenuating or
mitigating circumstances that you feel may have a bearing on this
incident," Mr. Naccara wrote.

Martin Ward, a senior attorney with the security agency in Boston,
declined to comment on the ongoing Vineyard case.

Speaking generally about how the process works, Mr. Ward said Mr.
Naccara had issued what is known as a letter of investigation. Mr. Ward
said such letters are not uncommon, though they more typically are
issued to airlines than airports.

A variety of outcomes are possible after the investigation letter is
issued, Mr. Ward said.

One is a letter of correction, which finds that the situation has
been corrected and that agency does not intend to pursue the matter.
Another is a warning notice, a more strongly worded letter, but one that
does not involve a fine.

The third is a notice of a proposed civil penalty. That penalty can
total $10,000 for an airport and $25,000 for an airline. The recipient
may reduce or eliminate any fine following a settlement discussion with
a security agency attorney.

The recipient also can choose to bring the matter before a Coast
Guard administrative law judge, where the agency must prove its case.
The recipient can challenge both the merits of the case and the penalty.
The judge would determine whether the agency has proven its case and
what, if any, sanction should be applied against the recipient.

"What we want is to get people to comply," Mr. Ward
said.