Airport manager says he was libeled
Tom Lotshaw | Hagadone News Network | UPDATED 11 years, 2 months AGO
Kalispell’s part-time airport manager Fred Leistiko alleges he was libeled, slandered and defamed by Phil Guiffrida III, a member of the Kalispell City Council.
The complaint against Guiffrida was filed Tuesday in Flathead District Court by attorney Connie Leistiko, Fred’s wife.
“If you want to win an issue or an argument on the merit with facts, that’s a good thing, go for it,” Connie Leistiko said. “But if you want to do it through character assassination, that’s over the line and that’s why we filed the lawsuit.”
The complaint alleges that Guiffrida — acting as a private citizen and not in his capacity as a council member — made false, defamatory and malicious statements about Leistiko with reckless regard for the truth, in part accusing Leistiko of giving false and deceitful information to the Federal Aviation Administration in 2005 for the purpose of misappropriating federal funds.
The complaint is based on email statements Guiffrida made about a proposed airport project to other City Council members, the city attorney, city clerk and city manager and by his own admission has made in public to other people.
The airport expansion, approved 5-4 by the Kalispell City Council last summer, is the subject of a controversial voter referendum in the Nov. 5 election.
Leistiko’s complaint quotes one section of Guiffrida’s email at length:
“Once hired the airport manager is told to get us on the NPIAS list, landings and take-off numbers reported to the FAA more than quadruple. This information was given to the FAA as FACT, yet we know that even by Stelling’s report, these numbers were greatly inflated. The FAA relied on Leistiko’s numbers in putting us on their list for federal reimbursement funding; we now know (and should have known then) that his numbers were grossly inflated. This was deception that the FAA acted upon, that City Council members may have acted upon in their respective analysis of the issue; and that taxpayers may be relying upon in their decision-making ... all to their detriment because if the FAA changes its mind based in any way upon this falsehood, and we have already bonded for the expansion, the taxpayer is on the hook.”
Leistiko argues in his complaint that he gave no false or deceptive information to FAA, the City Council or taxpayers and neither “originated, verified nor certified” any airport landing or takeoff numbers for the FAA.
Landing and takeoff numbers originated from a 1999 master plan study Kalispell undertook and did not quadruple in 2005 when Leistiko was hired to manage the city airport, the complaint states. It adds that the FAA did not rely on such numbers, specifically “Leistiko’s numbers,” in its decision to list Kalispell City Airport on the National Plan of Integrated Airport Systems. That listing makes the facility eligible for federal funding.
“Such statements by defendant Guiffrida are false and defamatory,” the complaint states.
In his email to other City Council members, Guiffrida outlines what he thinks are 12 examples of fraud related to a proposed airport expansion through the federal Airport Improvement Program.
Guiffrida previously had written a letter about the airport issue and distributed it to Kalispell residents as a private citizen. “Concerns of government transparency and ethical issues have surfaced throughout this process. Fraud, lawsuits and your right to vote was taken away by those Council members who think you should not have a voice,” he wrote.
Council member Jeff Zauner took exception to parts of Guiffrida’s letter, calling them a fabricated attack in his own email to other council members and city officials. Guiffrida responded with his email when Zauner requested an explanation and specific details to back up accusations of fraud.
Guiffrida had not been served Leistiko’s complaint as of Tuesday evening.
“Knowing I haven’t seen anything, to me it sounds like the oldest trick in the book to shut someone up,” Guiffrida said. “I’m now way more motivated to ensure the public knows what’s going on and why voting to repeal [the airport expansion] is in the best long-term interests of Kalispell.”
The legal complaint seeks unspecified compensation from Guiffrida. A jury trial was requested.
Reporter Tom Lotshaw may be reached at 758-4483 or by email at tlotshaw@dailyinterlake.com.
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