McVey v. Virginia Highlands Airport Commission

44 F. App'x 630
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 15, 2002
Docket01-2466
StatusUnpublished
Cited by2 cases

This text of 44 F. App'x 630 (McVey v. Virginia Highlands Airport Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McVey v. Virginia Highlands Airport Commission, 44 F. App'x 630 (4th Cir. 2002).

Opinions

OPINION

PER CURIAM.

In a dispute between the Virginia Highlands Airport Commission and its airport manager, Dixie McVey, over how to respond to a freedom of information request submitted by a local newspaper, the Commission terminated McVe/s employment. On her claim that the Commission violated her First Amendment rights, the district court entered summary judgment against her, concluding that she did not have a viable First Amendment claim and that the Commission members were protected by qualified immunity. We affirm.

I

Virginia Highlands Airport (“Airport”), a small regional airport located in Washington County, Virginia, is governed by the [632]*632Virginia Highlands Airport Commission (“Commission”). The Commission is composed of seven appointed members and, at the times relevant to this action, was chaired by Kenneth Stacy. The Commission meets monthly to develop policies and regulations and to review operations. Committees of the Commission also meet from time to time. The Commission delegates the day-to-day operations of the Airport to an airport manager, who, for the period from 1989 until July 1996, was the plaintiff, Dixie McVey.

At its monthly meeting on March 11, 1996, the Commission discussed a handwritten list presented to it of the hangar tenants who were at the time delinquent in their rental payments to the Airport. The parties agree that this list included the name of one of the Airport commissioners. They also agree that the list contained at least one error.

Two days after the meeting, on March 13, 1996, the Abingdon Virginian, a local newspaper, submitted a request to the Commission under the Virginia Freedom of Information Act (“FOIA”), requesting the names and addresses of delinquent hangar tenants who were discussed at the March 11 meeting. The newspaper also requested copies of the notice and minutes of all meetings, going back several months.

Finally, it requested documents relating to complaints made to the Commission about the behavior of Richard Kiser, one of the commissioners, and Robert Owen, an Airport employee.

Because the Virginia FOIA law required a response within five days, Chairman Stacy met with McVey shortly after receiving the request for approximately three hours to address the response that should be made. Stacy testified later in his deposition that during that meeting, he instructed McVey to produce as part of the Commission’s response the handwritten list of delinquent tenants that had been discussed at the March 11 meeting. He also testified that he instructed McVey not to create documents in order to respond to the request, an instruction that McVey denies having received.

A day after Stacy and McVey met, McVey sent the Commission a long letter, dated March 19, 1996, in which she described the documents that she did and did not have in response to the FOIA request. She included 22 pages of incident reports relating to Kiser and Owen. She also created and included a new list of delinquent tenants’ names. And finally she indicated that “[t]he Commission members did not make a public record of [some] meetings” and also that “[t]here were no public notices given by the Commission of [some] Meetings.”

Upon receiving McVey’s March 19 letter, Stacy became unhappy with her proposed approach and her failure to follow Stacy’s instructions, and this unhappiness only aggravated a preexisting concern that Stacy had had about McVey’s use of the Airport’s fax machine for personal business.

A few days later, on April 5, 1996, McVey wrote Stacy another letter, indicating that she believed that the production of the delinquent tenant list as discussed at the March 11 meeting would violate FOIA because it contained known errors. She wrote further that “I must in all candor inform you that I will not intentionally make a false or misleading response.”

The differences between the Commission and McVey over the Commission’s response to the FOIA request came to a head on April 8, 1996, when the Commission sent its FOIA response to the newspaper. In its cover letter, the Commission certified the attached packet as “correct,” and all of the commissioners signed the [633]*633letter, although some commissioners qualified their certification. The Commission asked McVey to sign the certification letter, but she refused. Accordingly, at Stacy’s request, she wrote a separate letter, dated April 8, stating that she would not certify all of the documents, but only those she had assembled and presented to the Commission. In particular, she would not certify the accuracy of “documents stamped received April 4, 1996.” Those documents were minutes of three Commission committee meetings on February 28, March 3, and March 6,1996, that had been prepared after the FOIA request was received from the newspaper. Each set of committee meeting minutes, however, was signed by at least two commissioners, and the commissioners uniformly testified that these minutes were accurate. The only change made from what actually occurred was to delete from the March 6 development committee meeting the reference to a complaint made against McVey.

Stacy sent McVey a letter, expressing the Commission’s unhappiness with the response she made to the newspaper, as well as with her March 19 letter. Stacy charged McVey with violating her fiduciary duty and wasting public funds in creating documents that Stacy had specifically instructed McVey not to do. The letter also disputed McVey’s characterizations of Commission meetings and concluded:

I, as well as other Commission members, view your recent actions, as pointed out in this letter, as insubordination. This letter is to be placed in your personnel file and these actions will be discussed further with the Airport Commission and at your next annual performance review.

McVey angrily responded to the Commission with a letter dated April 18, 1996, calling the Commission’s allegations “misleading and defamatory” and requesting a public apology from the Commission. McVey pointed out the hypocrisy in censuring her for creating an internal document while responding to the FOIA request when other commissioners had created minutes for the February 23 and March 3 committee meetings. McVey concluded her letter as follows:

It is now very clear to me that Mr. Stacy and various members of this Commission are attempting to retaliate against me for my effort to accurately supply the information requested by the Abingdon Virginian and my refusal to acquiesce in an attempt to drive-up the expense and level of difficulty of obtaining information from a FOIA request. I will not stand for this. Short of a public apology from each member of the Virginia Highlands Airport Commission who voted to publish the April 8, 1996 letter and its expungement from all records, I will seek the full measure of redress available to me.

Upon receiving this letter, the Commission suspended McVey, “pending investigation of conduct which may be cause for disciplinary action” and, at its July 15 meeting, voted to give McVey formal notice that the Commission was considering termination of her employment.

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Bluebook (online)
44 F. App'x 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcvey-v-virginia-highlands-airport-commission-ca4-2002.