A burgeoning feud between Town Hall and the Airport Commission over which has ultimate authority to run the airport is now in court.
The Plymouth Municipal Airport Commission filed suit Wednesday claiming Town Manager Derek Brindisi has overstepped his authority by meddling illegally in airport affairs.
The lawsuit – filed against Brindisi and the town by airport commissioners appointed by the town – alleges Brindisi is trying to seize control of the airport by making administrative and hiring decisions, threatening to withhold funds if he isn’t given more say in leasing decisions, even moving to privatize airport management.
“The conduct of the town manager is arbitrary and capricious, beyond the scope of his authority,” the suit charges.
Brindisi denied the allegations, saying he has not involved himself in airport business. He suggested some of the discord may arise from an ongoing internal investigation of Airport Commission Chairman Ken Fosdick following an employee complaint.
Brindisi would not elaborate.
On March 30, Brindisi did notify lawyers for the town and the commission he had contacted an aviation company about possibly taking over management of the airport.
“The current structure seems to be failing,” Brindisi said in the emailed notification.
In a phone interview, Fosdick declined to address the alleged personnel issue or the investigation, but said the commission had no choice but to sue.
Brindisi’s interference was undermining the agency’s ability to “continue to move forward with the airport,” he said.
“We need to hire a new manager and Mr. Brindisi is interfering and thinking he can appoint him. We feel it’s our responsibility… ” Fosdick said. The previous airport manager, Matthew Carillo, resigned to accept another position earlier this year.
Brindisi “continued to push us into a position that was untenable and the only way we could resolve this was through court action,” Fosdick said.
The political bickering comes amid controversial moves to improve and expand the airport runways. A proposal for a $7.6 runway extension to 5,000 feet – enough opponents say could accommodate some larger jets – was defeated at Town Meeting in 2024, but other improvements were adopted.
The suit – filed in Plymouth Superior Court – sets the stage for a legal showdown between the commission and town officials over which has authority to hire at the airport.
Fosdick said the commission is “clearly” empowered to make personnel decisions. Any argument to the contrary, he said, is based on “faulty logic.”
Town officials argue the town manager is empowered to hire the airport manager, and has done so since 1995.
In fact, in early March, the commission approved Brindisi’s candidate for interim airport manager, Brendan Nordahl. He had been working already at the airport and was the logical choice, Fosdick said. The fact he was Brindisi’s pick was not a factor, he said.
Select Board Member Kevin Canty on Thursday disagreed.
“The town charter clearly establishes that the town manager appoints all department heads and division heads,” Canty said. “The two prior airport managers were both appointed by the town manager at the time.”
But town officials were put on notice last month when they received an ominous letter from the Massachusetts Department of Transportation’s Aeronautics Division, which apparently had been contacted by the Airport Commission.
In a March 12 letter, Administrator Denise Garcia urged town officials to take “immediate action to remedy an untenable situation” developing in town.
Garcia said the town has no authority over the airport, except to appoint members of the Airport Commission. She said state law “vests exclusive power in the Airport Commission to appoint an airport manager.”
And to receive federal grant money, she wrote, the town must not interfere in any way with the Airport Commission’s autonomy or authority without the state’s written approval.
The agency has not provided such approval, she said. In addition to its annual grants of federal aviation money, about 90% of the $7.6 million the commission wanted for the failed runway expansion was to be granted by the Federal Aviation Administration.
“Let me clearly state the position of the Aeronautics division: The actions of the Plymouth town manager to date violate grant assurances by interfering with the autonomy and the authority of the Plymouth Airport Commission.
“If the interference continues,” the letter continued, “massDOT Aeronautics will be forced to take appropriate steps to enforce these assurances, up to an including seeking the return of years’ worth of grant funds.”
Earlier this week, however, Garcia may have had a change of heart, according to Brindisi, who informed her the commission had voted to approve the appointment of an interim manager— Nordahl.
In that case, Brindisi said he was told the Airport’s grant money would be safe.
In its suit, the commission requested an emergency court order preventing Brindisi or any other town officials from interfering with or “delaying, inhibiting/limiting” airport business.
A hearing has been scheduled for April 7.
The general aviation airport, located on South Meadow Rd. houses 170 aircraft, according to its website. It opened in 1934 and is also home to several businesses, including a flight school.
The state police air wing is based at the airport and other emergency responders, such as Boston Med Flight, use the airport for medical transportation.
Andrea Estes can be reached at andrea@plymouthindependent.org.