NASHVILLE, Tenn. (WTVF) — Starting July 1st, who will be in charge of the Nashville International Airport? It may be a simple question, but it doesn't appear to have a simple answer.
How we got here
Back during the legislative session, Tennessee lawmakers voted to essentially fire the current Metro Nashville Airport Authority Board appointed by Nashville's mayor in order to allow state leaders to appoint most of the board themselves. This authority board governs the the region's largest airport and makes major strategic decisions for it.
"This airport is for all Tennesseans. It’s for all of us," Rep. Johnny Garrett said during debate earlier in the year. "70 percent of the passenger activity for the airport comes outside of Nashville. Nashville has 30 percent."
"I think the airport is a great regional asset. Frankly, it’s a statewide asset," Gov. Bill Lee said Tuesday during a media availabilty. "It’s one of the reasons that the board was reconstituted by law."
FAA weighs in
That new board was supposed to take control July 1, 2023. Then on Monday, the Federal Aviation Administration filed a pretty significant letter that changes things.
Shannetta Griffin, Associate Administrator of Airports for the FAA, wrote that they aren't taking a side on the legislation itself until a Chancery Court judge officially makes a ruling, but the federal government "will continue to recognize the existing board."
Tennessee Governor Bill Lee told reporters Tuesday that while he still hopes to make changes to the board, he respects the FAA's decision.
"Certainly the FAA, they have the authority to make that decision," Lee said. "Until that is settled, it’s up to the FAA."
Legislative leaders push back on the FAA
Leaders in the legislature struck a different tone.
"The FAA is free to recognize whomever they wish, but if they actually want to conduct business with the authority, there will only be one legal way to do so. On July 1, there will be one board in existence and Lt. Gov. McNally has made his appointments to it," Lt. Governor Randy McNally's spokesperson, Adam Kleinheider, said.
Speaker of the House Cameron Sexton echoed McNally.
"It is always nice to hear from the FAA as we did when this piece of legislation was in the House committee process. However, I respectfully disagree with their opinion and concur with the attorney for the Metro Nashville Airport Authority, who stated they “are not aware of any legal authority that would support the FAA continuing to recognize the existing board," Sexton said.
So who is in charge July 1?
Metro Legal Director Wally Dietz argues the FAA is able to make the final decision.
"It should not be a surprise the FAA is adhering to its 2016 policy regarding a disputed change in control of an airport that accepts federal grants. Metro appreciates the FAA’s statement yesterday that it will continue to honor this policy," Dietz said.
Nashville attorney David Raybin believes the FAA has the ability to decide which board is temporarily in charge because of the Federal Supremacy Clause, which argues that the federal government takes precedence over state laws.
But Nashville International Airport's outside legal counsel, George Gate, submitted a letter back to the FAA arguing they feel like they have no choice but to seat the new board.
"The Act has not been enjoined, and is deemed to be valid under Tennessee state law until the Chancery Court rules otherwise," Cate said. "MNAA is legally obligated to follow state law and therefore, in the absence of a Chancery Court ruling to the contrary, the reconstituted board will be seated on July 1, 2023."
NewsChannel 5 asked Nashville International Airport to directly comment on the board controversy.
"The Airport Authority remains committed to serving our community and ensuring we operate successfully and efficiently. We respect and will adhere to the rule of law, including any future court decision. With our dedication to best-in-class facilities for over 53 years, Nashville International Airport will continue to serve as a world-class airport." Erin Thomas, a spokesperson for BNA, said.
So who will be in charge starting July 1st? We may just have to wait and see.
Appointees to the new board
If the Chancery Court Judge rules in favor of the state, we're getting a better idea of who will be on the new Metro Nashville Airport Authority board.
Governor Bill Lee plans to appoint current Tennessee Economic Development Coordinator Stuart McWhorter and Nashville developer Tony Giarratana.
Speaker Cameron Sexton plans to appoint current MNAA board member and Joslin Sign CEO Bobby Joslin and Nashville Attorney Masami Tyson.
Lt. Gov. Randy McNally plans to appoint current MNAA board member and CEO of H.G. Hill Realty Company Jimmy Granberry and State Senator Jack Johnson.
The current members of the MNAA Board are Joycelyn Stevenson, Jimmy Granberry, Andrew Byrd, Robert Joslin, Bill Freeman, Nancy Sullivan and TSU President Glenda Glover.
