A superior court judge has barred town manager Derek Brindisi from interfering in the affairs of the Plymouth Municipal Airport.
In a three-paragraph order made public Friday, Plymouth Superior Court Judge Gregg Pasquale made clear he believes Brindisi was inserting himself where he didn’t belong.
“The public interest in having a properly functioning airport is self evident and rises above the town manager’s desire to control issues at the airport that are beyond his authority,” the judge wrote in the ruling made public Friday.
He found Brindisi’s actions have “inhibited the proper function of the airport.”
The ruling comes amid a lawsuit filed against Brindisi and the town by airport commissioners appointed by the town. The suit alleges Brindisi threatened to withhold Town funds if he isn’t given more say in leasing decisions, even moving to privatize airport management.
Brindisi has denied the allegations, suggesting discord stems from an ongoing internal investigation of Airport Commission Chairman Ken Fosdick following an employee complaint.
In his brief ruling, Judge Pasquale said if the case goes to trial, the Plymouth Municipal Airport Commission will likely win.
Without a court order, he wrote, the Commission will suffer “irreparable harm greater than any harm suffered by the town if the injunction were not issued.
Robert Galvin, lawyer for the Commission, said the Commission brought suit only after “every effort to reach consensus with the town manager failed and it became clear that the parties’ legal positions were irreconcilable.
“It is always a difficult matter when two town agencies or offices are at odds with one another,” he said.
“However, it is clear that controlling state law for good reason requires general aviation airports like Plymouth Municipal Airport to be managed independently and overseen by an apolitical oversight airport commission.”
In its suit, the Airport Commission accused Brindisi of overstepping his authority and meddling in airport affairs.
It sought an emergency court order barring Brindisi or any other town officials from interfering with or “delaying, inhibiting/limiting” airport business.
The commission alleged Brindisi was essentially looking to seize control of the airport, making employment and other administrative decisions, including the selection of the airport manager and demanding employees report to him.
Under state law, those are responsibilities of the Airport Commission, not the town, the 15-page suit alleges.
“The conduct of the town manager is arbitrary and capricious, beyond the scope of his authority,” the suit charges.
Brindisi has denied the allegations, saying he has not involved himself in airport business. He said Plymouth town managers have appointed the Airport manager since 1995.
Town officials have argued the town charter gives the town manager authority to appoint all department and division heads in town — which would include the airport.
On Friday, Brindisi said again he has never interfered with airport operations.
“We have a properly functioning airport,” he said. “That isn’t the question. I intervened when it came to personnel matters and how the Chairman (Airport Commission head Ken Fosdick) was mistreating town employees. It is my job to protect employees, which I will continue to do.”
Fosdick couldn’t be reached for comment.
The injunction bars Brindisi nor anyone from the town from getting involved in “the care, custody of the Plymouth Municipal Airport or its management.”
Under the court order, town officials also may not retaliate in any way against the Plymouth Airport Commission or its members or employees.
Andrea Estes can be reached at andrea@plymouthindependent.org.