Airport Ownership and Organization Flashcards
(119 cards)
1
Q
After World War II, the Federal Airport Act of 1946 transferred ownership of many surplus military airports to local municipalities through the use of
A
AP-4 agreements.
2
Q
AP-4 agreements.
A
the precursor to the current Grant Assurances,
were promises made by municipalities that the airport would continue to be
operated and maintained.
3
Q
What type of airport ownership is most common:
A
City ownership of airports represents approximately 33 percent of all U.S.
airports; 15 percent are County operated, 7 percent are State operated. Port
Authority ownership represents 9 percent of the total airports, Airport Authority’s
represent 30 percent, and the remaining 6 percent are operated with other
agreements such as inter-city contracts (Dallas/Ft. Worth) or by a special tax
district.3
4
Q
The transfer of airports from federal control to the states and municipalities
resulted in
A
the predominant form of airport ownership by municipality (city or
county) or authority. Within the municipality and airport authority structures,
numerous organizational variations exist.
5
Q
Operating an airport is considered to be a \_\_\_\_\_\_\_\_\_\_\_\_\_ function of government, as compared with the operation of a government agency for redistributive (social or welfare) or protective (police or fire) purposes.
A
proprietary
function
6
Q
The term
proprietary means to act as
A
a private enterprise.
7
Q
In operating an airport, a
governing body may not necessarily be immune from
A
all state or local tort laws,
unless it is specifically granted such immunity
8
Q
An airport is generally immune
when acting in its governmental capacity, but is not immune when
A
acting in its
businesslike or enterprise operations.
9
Q
A disadvantage of operating an airport by a municipality is that the policy-makers
are often very unfamiliar with
A
the operation of an airport
10
Q
An option for a
municipality in cases where policy-makers
are unfamiliar with the operation of an airport. is to create an
A
Advisory Board to review requests
from airport staff and prepare action recommendations for the Mayor or Council.
11
Q
When the Airport Development and Aid Program
(ADAP) was formulated in 1970, federal grants-in-aid and planning grants were
restricted to
A
publicly owned airports. In addition to the desire to qualify for
federal funding, many municipalities have chosen to continue to operate the
airport publicly as a matter of community pride and economic development
12
Q
Some
states and municipalities recognized the need for a focused effort and expertise in
operating the airport and chose to establish
A
airport authorities or commissions.
Both structures are political subdivisions of the state.
13
Q
Airport Authorities are
A
independent, public agencies created by state legislation. Once created, they add another layer of government.
14
Q
variety of organizational
forms exist and the specific powers and responsibilities of any given authority are
established in its
A
enabling legislation.
15
Q
Some airport authorities have the power
only to make daily operating policies, while others have
A
tax levy capability or the
power of eminent domain.
16
Q
Eminent domain is the power to
A
acquire property for
the public good and is one of the rights a state can convey to local governments or
authorities
17
Q
Generally, it is up to the Airport Executive to ensure their board
members, whether they are municipalities, authorities or advisory members are
A
educated on airport operational issues and management challenges.
18
Q
The reasons municipalities create airport authorities include
A
Airport market or service areas have outgrown the political jurisdiction
whose responsibility the airport entails. In some cases, there is
considerable, actual, or potential tax liability to a rather limited area. In
these cases, the creation of an authority to spread the potential or actual
tax support for the airport might be recommended. By spreading the tax
base of support for the airport, more equitable treatment of the individual
taxpayer can result and, in most cases, the taxpayers supporting the airport
more closely match the actual users of the facility. This argument is less
valid when the airport is completely self-sustained by its own revenues.
Authority control of an airport allows for the governing board to
concentrate and specialize on airport business matters rather than on
general social or community issues not related to airports.
Efficient operation and economies-of-scale can be obtained when several
political jurisdictions, each with separate airport responsibilities, choose to
combine these responsibilities under one governing board. This has been
done quite successfully in many areas of the country (such as The Port
Authority of New York and New Jersey [PANYNJ]). Normally, the
staff required by an airport authority can be quite small compared with the
personnel requirements of a city or county government. This factor
generally results in better coordination within the airport management
team.
Authorities can provide the on-scene decision makers that result in less
political impact on the business of running the airport.
Authorities can provide multiple jurisdictions that may benefit from or be
impacted by the airport with representation in the airport’s operation and
development.
19
Q
Authorities can come into existence in a variety of ways. Some authorities are
established to operate a single airport while others are established to
A
operate a
system of airports, such as the Metropolitan Washington Airports Authority
(MWAA), which operates both Washington/Dulles International Airport and
Ronald Reagan Washington National Airport
20
Q
A port authority is a special type of legally chartered institution that generally has
the same status as a public corporation, but
A
that in addition to the airport, operate
other types of public facilities such as harbors, toll roads, rail, or other public
transportation systems, such as the PANYNJ
21
Q
The advantage of an airport being municipally owned is
that the airport administration has
A
access to the resources of other city or county
departments. These resources may exceed what the airport’s administration could
justify if it operated on a stand-alone basis. Having such access reduces the
requirement of the airport department to provide duplicate services, such as
personnel, finance, or police.
22
Q
The municipal government also has the power to tax
and issue
A
government bonds to aid in the operation of an airport
23
Q
A disadvantage of a municipally owned airport is that in times of financial
constraints, the airport is often viewed as
A
a liability or suffers corresponding
budget reductions or personnel restrictions (such as mandatory furlough days) as
other departments in the local government. Airports are also competing for the
same attention and leadership consideration as other departments or divisions
within the municipal government.
24
Q
To overcome the lack of leadership focus, municipalities often create
A
airport
commissions. Commissions can have the same responsibilities and stature as
airport authorities. Airport commissions are generally established to allow for focused attentionand expertise to be applied in operating the airport by appointing individuals to
represent the city or county. This can be either a benefit or a drawback because
members of commissions are normally political appointees who are subject to
positive and negative aspects of political maneuvering.
25
The creation of an airport or
port authority is often viewed
as a way to provide the
advantage of focused
leadership and specialized
attention to a significant
community asset. They often help to insulate the management and operation of
the airport from political impact. they can serve a metropolitan
community better through shared representation or equitable taxation not
normally available due to political boundaries or jurisdiction. Authorities can also provide for a more business focused efficient operation and economy of scale. The latter two reasons represent a positive vision for helping an airport to grow or
to be responsive to the needs of a whole region.
26
there has been a trend toward the establishment of more
airport authorities over
| the last fifty years.
27
The power and effectiveness of an airport or port authority can often be assessed
by determining the answer to three questions:
(1) Who controls the appointments
to the authority’s governing body? (2) Does the authority have total control over
its budget, contracts, and personnel practices? and (3) Does the authority have the
power of eminent domain and/or the power to levy taxes? Answers to these
questions indicate of the authority’s ability to operate independently, to share
power with another entity, or to act as another layer of bureaucracy.
28
The disadvantage of airport or port authorities is that
resources and finances may
not be readily available in the quantities or level necessary to provide support to
the airport.
29
Municipalities often have larger
resource and funding wells to tap into
| to support a variety of needs.
30
Airport authorities are often formed as a way to
| divest a municipality or state from
the liability of operating the airport, the
pressure of public scrutiny and complaints, or the need for large amounts of
capital investment.
31
```
While well-managed and financially sound airports are
generally not subject to the creation of an authority by a municipality or state
18
Airports can operate as standalone
enterprises because their
revenues and expenses are
related in a businesslike
context; therefore, user fees
can be charged for services
rendered.
If the airport department is
treated differently, it will
likely suffer strained relations
with the other city/county
departments (which, is another
reason airport authorities are
created).
because those governing bodies wish to retain control of the positive asset,
```
local
| politics can still affect a change either to or from an Authority.
32
While some airports are operated directly by States, these are
the exception.
33
airports operate in many different ways
from a traditional municipal
| service or private business.
34
Airports are distinctly different from traditional municipal operations. Airports
can operate as stand-alone enterprises because
their revenues and expenses are
related in a businesslike context; therefore, user fees can be charged for services
rendered.
35
If the airport department (as part of a municipality) is
treated differently, it will
likely suffer
```
strained relations
with the other city/county
departments (which, is another
reason airport authorities are
created).
```
36
While airports can operate as an enterprise and make decisions similar to a private
business, there are several distinctions between a publicly operated airport and a
private corporation. Airports often receive substantial
government subsidiesG in
the form of entitlement money, State and local funding, FAA Airport
Improvement Program grants, or Congressional earmarks.
37
Municipalities and Authorities can often issue bonds and provide
tax-exempt financing for airport
| projects.
38
Public airports can also make decisions that maximize community
benefit, even though the decision may not be
supported by the economic needs of
| the airport
39
Due to the nature of how airports were constructed and developed in the U.S.,
virtually all commercial service and general aviation airports are operated by
a
governmental entity. Private entities however are actively involved in US airport
operations and development,14 and in some cases, management.
40
According to
| Wells and Young, authors of Airport Planning and Management: Privatization refers to the
shifting of government functions and
responsibilities, in whole or in part, to the private sector. The most
extensive privatizations involve the sale or lease of public assets
41
Airport privatization is the concept of shifting government functions to
private
enterprise. The concept gained traction in the 1980s and 1990s and in 1996 the
FAA initiated a pilot program to test the concept.
42
Typically, at least 90 percent of employees at commercial service airports work
for private companies (airlines, concessionaires, Fixed-Base Operators (FBO),
maintenance companies, contractors, etc.). Numerous attempts to turn over certain
areas of
airport management to private entities have been made
43
Privatization is already prevalent on U.S. airports in various forms. While airports
are large employers, most of the employees work for private companies located
on the airport, not the airport itself. Additionally, private companies produce most
of the
revenue generated at airports.
44
In the United States, airports
| have had varying levels of
success and failure with
| privatization.
45
The privatization or other sale of airport property is discouraged and hindered by
a series of federal statutory requirements identified in
Grant Assurances.
46
Grant
| Assurances specify the use of airport revenue,
fair and reasonable fees for airport
users, and the disposition of airport property and other policies incorporated in
federal grant agreements.
47
Airport privatization has also not been well supported in
the U.S. A 2004 FAA Report to Congress described that communities commonly
prefer not ceding control of an airport to
a private entity.
48
An article drafted by
Daniel Reimer of the law firm of Kaplan, Kirsch & Rockwell, LLP, notes that
communities that desire the benefits of privatization but the control of a
municipally operated airport may find a solution in
the creation of an airport
| authority
49
Airport organizations vary greatly in structure and scope. How an airport is
organized depends on factors such as the
type of governing body owning the
airport, the size of the airport, the extent to which different functions of the airport
are operated internally or by external parties, and the political environment in
which the airport is located
50
Typically, larger airports have greater
specializations
| and job assignments within organizational structures
51
Regardless of an airport’s
| organization, management’s primary duty in any situation is
the safe and efficient
operation of the airport and all of its facilities - regardless of the airport’s size or
complexity.
52
An organization chart shows the formal
authority and relationships between
subordinates and superiors at various levels and the channels of communication
within the organization. The chart aids employees in understanding their positions
in the organization.
53
Airport organizational charts range from very simple to highly
complex and they are heavily influenced by the
```
managing structure (e.g., airport
authority, municipality, country, etc.).
```
54
Considering the various sizes and unique
| characteristics of airports, very few
“typical” airport organizational structures
exist. For instance, municipalities that have their own human resource, accounting, budget, and
other similar support divisions can alter an airport’s organizational structure.
55
The primary areas of management are:
(a) finance and
| administration, (b) planning and engineering, and (c) operations and maintenance.
56
Finance and administration addresses the areas of
accounting (e.g., payroll, audits,
accounts receivable, accounts payable). Finance administration also includes
managing the budget, human resources (e.g., employee relations, benefits),
procurement, public relations, air service development, marketing, real estate and
property management, revenue management, business planning, airline rates, charges and use agreements, information technology, customer service and noise
abatement, and intergovernmental relations.
57
Planning and engineering addresses the areas of
capital improvement plans,
construction standards, the airport master plan and the airport layout plan, and
compliance with environmental laws, participation in regional transportation
planning, administrative space planning, and in some cases, noise abatement
planning. It is this area that most frequently works with the FAA’s Airports
District Office (ADO) in the administration of federal grants, through the Airport
Improvement Program, and state grants.
58
Operations and maintenance addresses the areas of
enforcing operating and
security regulations on the airfield, and sometimes the landside and terminal areas
of the airport. At commercial service airports, operations deals directly with the
FAA Certification Inspectors to ensure that the airport is in compliance with Title
14 CFR Part 139, and other applicable directives, CertAlerts and Advisory
Circulars. Operations and maintenance personnel conduct airfield inspections,
maintaining certain elements of the airfield lighting, signs and markings, manage
airport fleet vehicles, building and airfield maintenance, and maintain the airport
grounds. Wildlife management, airfield construction safety, and security are other
areas operations oversee to ensure compliance with federal regulations. Police and
firefighter response duties usually fall under the operations and maintenance
purview.
59
Two key positions at any airport that are generally outside of the vertical
reporting structure are the
airport’s legal counsel and financial auditor
60
On rare
| occasion, the outside engineering consulting firm may
also be shown on the
| reporting structure.
61
Airport responsibilities can be overlapped in varying areas of management, for example
areas
an airport may elect to place the noise abatement planning
function within the engineering department, yet place the management of the
noise abatement program, i.e. processing of noise abatement calls and
dispensation of noise mitigation monies, in a community relations or
administration department
62
an airport may decide to create security as a
separate division reporting directly to the Airport Executive. This is in accordance
with guidance from the International Civil Aviation Organization (ICAO) to
prevent a senior executive, such as an operations chief, from preventing the
application of enforcement of security regulations upon their own personnel.
63
The consultant selection process is governed by the
Federal Property and
Administrative Services Act of 1949 (Brooks Act), which requires the selection
to be based on qualifications and an award to be made according to a fair and
open selection process. FAA grant assurances specifically state that the airport
sponsor award each contract or sub-contract for program management,
construction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, mapping, or
related services.
64
The creation of an airport or
port authority is often viewed
as a way to provide the
advantage of
focused
leadership and specialized
attention to a significant
community asset. They often help to
insulate the management and operation of the airport from political
impact. Additionally, they can serve a metropolitan community better through shared representation or equitable taxation not
normally available due to political boundaries or jurisdiction.
Authorities can also provide for a more business focused efficient
operation and economy of scale. The latter two reasons represent a
positive vision for helping an airport to grow or to be responsive to
the needs of a whole region. Because of all these reasons, there has
been a trend toward the establishment of more airport authorities
over the last fifty years.
65
The power and effectiveness of an airport or port authority can
often be assessed by determining the answer to three questions:
(1)
Who controls the appointments to the authority’s governing body?
(2) Does the authority have total control over its budget, contracts,
and personnel practices? and (3) Does the authority have the power
of eminent domain and/or the power to levy taxes? Answers to
these questions indicate of the authority’s ability to operate
independently, to share power with another entity, or to act as
another layer of bureaucracy.
66
The disadvantage of airport or port authorities is that
resources and
finances may not be readily available in the quantities or level
necessary to provide support to the airport.Municipalities often
have access to larger resource and funding sources that can support
a variety of needs.
67
Airport authorities are often formed as a way to
divest a municipality or state from the liability of operating the
airport, the pressure of public scrutiny and complaints, or the need
for large amounts of capital investment. In some cases, a wellmanaged
airport that would not ordinarily be a candidate for a
change of organizational structure (i.e. authority to municipality or
vice versus), can still experience a change due to local politics. In
some cases airports are operated directly by States, such as in
Alaska, and several airports in Connecticut, Hawaii, Maryland, and
Rhode Island.
68
Airports are distinctly different from traditional municipal
operations - they can operate as stand-alone enterprises because
their
revenues and expenses are related in a businesslike context;
therefore, user fees can be charged for services rendered. In typical
government administration, centralized tax collection provides the
funding for a variety of services that could not practically operate
as stand-alone entities. As an illustration, it is not uncommon for
an airport to agree to construct a facility, such as a ramp, hangar or
terminal building, to attract future rent or a particular type of air
service.
69
```
An article drafted by Daniel
Reimer of the law firm of
Kaplan, Kirsch & Rockwell,
LLP, notes that communities
that desire the benefits of
privatization but the control of
a municipally operated airport
may find a solution in
```
the
creation of an airport
authority.
70
Airport organizations vary greatly in structure and scope. How an
airport is organized depends on factors such as
the type of
governing body owning the airport, the size of the airport, the
extent to which different functions of the airport are operated
internally or by external parties, and the political environment in
which the airport is located.
71
Typically, larger airports have greater
specializations and job assignments within organizational
| structures.
72
Regardless of an airport’s organization, management’s
| primary duty in any situation is the
safe and efficient operation of
the airport and all of its facilities - regardless of the airport’s size or
complexity. p33
73
An organization chart shows the formal
authority and relationships
between subordinates and superiors at various levels and the
channels of communication within the organization. Airport
organizational charts range from very simple to highly complex
and they are heavily influenced by the managing structure
74
Considering the
| various sizes and unique characteristics of airports, very few
“typical” airport organizational structures exist.
75
Municipalities that
have their own human resource, accounting, budget, and other
similar support divisions can alter
an airport’s organizational structure.
76
An organization chart shows the formal authority and relationships
between
subordinates and superiors at various levels and the
| channels of communication within the organization
77
Considering the
| various sizes and unique characteristics of airports, very few
“typical” airport organizational structures exist
78
The primary areas of management are:
(a) finance
and administration, (b) planning and engineering, (c) operations
and maintenance, and (d) marketing, public relations and air
service development.
79
Finance and administration addresses the areas of
accounting
(e.g., payroll, audits, accounts receivable, accounts payable).
Finance administration also includes managing the budget, human
resources (e.g., employee relations, benefits), procurement, public
relations, air service development, marketing, real estate and
property management, revenue management, business planning,
airline rates, charges and use agreements, information technology, customer service and noise abatement28, and intergovernmental
relations.
80
Planning and engineering addresses the areas of
capital
improvement plans, construction standards, the airport master plan
and the airport layout plan, and compliance with environmental
laws, participation in regional transportation planning,
administrative space planning, and in some cases, noise abatement
planning. It is this area that most frequently works with the FAA’s
Airports District Office (ADO) in the administration of federal
grants, through the Airport Improvement Program, and state grants.
81
Operations and maintenance addresses the areas of
enforcing
operating and security regulations on the airfield, and sometimes
the landside and terminal areas of the airport. At commercial
service airports, operations deals directly with the FAA
Certification Inspectors to ensure that the airport is in compliance
with Title 14 CFR Part 139, and other applicable directives,
CertAlerts29 and Advisory Circulars. Operations and maintenance
personnel conduct airfield inspections, maintaining certain
elements of the airfield lighting, signs and markings, manage
airport fleet vehicles, building and airfield maintenance, and
maintain the airport grounds. Wildlife management, airfield
construction safety, and security are other areas operations oversee
to ensure compliance with federal regulations. Police and
firefighter response duties usually fall under the operations and
maintenance purview.
82
Marketing, Public Relations and Air Service Development
| typically address the areas of
marketing airport services and properties, publicity and response to issues (i.e. the Public
Information Officer role) and marketing to new airlines to provide
services to the airport.
83
Two key positions at any airport that are generally outside of the
vertical reporting structure are the
airport’s legal counsel and
financial auditor.30 On rare occasion, the outside engineering
consulting firm may also be shown on the reporting structure.
84
An airport
| may decide to create security as a
separate division reporting
directly to the Airport Executive. This is according to guidance
from the International Civil Aviation Organization (ICAO) to
prevent a senior executive, such as an operations chief, from
circumventing the application of enforcement of security
regulations upon their own personnel.
85
The consultant selection process is governed by the
Federal
Property and Administrative Services Act of 1949 (Brooks Act),
which requires the selection to be based on qualifications and an
award to be made according to a fair and open selection process.
FAA grant assurances specifically state that the airport sponsor
award each contract or subcontract for program management, construction management, planning studies, feasibility studies,
architectural services, preliminary engineering, design,
engineering, surveying, mapping, or related services.
86
The airport legal counsel often reports directly to the
board or
directly to the Airport Executive. There are numerous legal issues
involved in operating an airport, including the drafting of use
agreements and leases, management of environmental issues,
insurance coverage, human resource issues, and land use and
zoning controls. The airport attorney, while generally not being in
charge of any of these singular functions, will often review the
documents and processes involved with the administration of these
activities and offer legal opinion, guidance and advice.
87
Airports operate under a plethora of regulations and rules, such as
Part 139 (certification of commercial service airports), Part 1542
(airport security), Part 77 (obstructions), Part 150 (noise
abatement), Grant Assurances, FAA advisory circulars, FAA
orders, TSA security directives, environmental laws, eminent
domain, avigation easements, industry best practices and case law
surrounding issues such as noise abatement and airline use
agreements.
88
Failing to understand the applicable laws and
| regulations could be
costly to the airport operator and may result in
the Airport Executive or key staff members losing their jobs, or in
severe cases, civil or criminal liability or prosecution.
89
There are judicial precedents affecting various areas of airport
management. These cases include
governmental acquisition of
third party private property for airport expansion (eminent
domain), noise mitigation requirements, and environmental laws.
Airport operators must be aware of these laws, regulations, and
best practices to avoid costly mistakes and in some cases, fines and
personal imprisonment.
90
Criminal law is statutory and is considered
a crime against
society. When a criminal law is violated, a “crime” has occurred.
There are generally three types of criminal acts, which are felonies,
misdemeanors and violations (or infractions).
91
In general, a felony is an offense for which a sentence to a term of
imprisonment more than
one year is authorized
92
A misdemeanor is an offense for which a sentence
| to a term of imprisonment
not more than one year may be imposed.
93
A misdemeanor is less serious than a felony and is punishable by
fine or imprisonment in a
city or county jail rather than in a
| prison.33 A misdemeanor is still considered a crime.
94
An infraction is governed primarily by
state laws, which vary by
state, but is typically not considered to be a criminal offense.
Rather than being subject to a jail term upon conviction, a fine is
typically imposed on those found guilty of an infraction. An
infraction is neither a crime nor an offense as defined in the penal
code
95
A civil law, on the other hand, is considered to involve
injury to an
individual, rather than society as a whole. Many times civil law is
referred to as “tort” law.
96
Contract law is another form of
civil law
| without the act of negligence
97
For a tort law to be violated, there
| generally has to be a violation of
an individual’s rights to freedom from bodily injury, property damage, injury to personal reputation,
and/or the taking of rights without just cause
98
Airport operations
| involve several areas where tort law may be violated, including
lease agreements, denial of quiet enjoyment of leased or owned
property (both on and off airport), inaction, wrongful or negligent
action during an incident, accident or routine operation or
maintenance activity – among many other concerns. It is important
for Airport Executives to understand the various rights of tenants
and users of their facility.
99
To constitute a tort, there generally must both be
actual damage or
| injury and intent to cause such.
100
malicious act or an unavoidable
| accident, which causes no damage, is
insufficient cause for legal
action (although many will still try). If damages were unintentional
but caused through accidental interference or the lack of action, the
person or entity at fault may have been negligent.
101
Every person is
responsible for injury to the person or property of another, caused
by
his or her negligence
102
Negligence is the failure to
use
reasonable care. A person is negligent if he or she fails to act as an
ordinarily prudent person would act under the same circumstances.
In a legal action, the trier needs to determine what a “reasonable”
person would do or not do in the given situation
103
Governmental immunity is a legal concept that the government
| cannot commit a
legal wrong and is immune from civil suit or
criminal prosecution. This immunity commonly extends to
employees of the federal, state, or local government, provided they
are acting within the scope and authority of their position
104
In the
| U.S., governments may not be sued unless the government has
waived its immunity or consented to a suit, or if the act is covered
by the Federal Tort Claims Act
105
Federal Tort Claims Act
waives the immunity if the
act of a government employee caused damage and the Tucker Act
which waives immunity over claims arising out of contracts with
the federal government
106
Federal sovereign immunity is separate
from state sovereign immunity. Federal sovereign immunity is a
defense
to liability rather than a right to be free from trial.
107
State sovereign immunity is established through the
Eleventh
Amendment to the U.S. Constitution and there are numerous
variations from state to state on what is and what is not immune
from civil or criminal prosecution.
108
Some states hold that immunity
| is waived when an injury arises out of
defective, unsafe, or
dangerous condition of state maintained infrastructure (highways,
bridges, etc.) or public buildings, or a negligent act committed by
an employee of the state.
109
Immunity is also usually waived when
| the state
seizes property without compensation
110
Cities and counties
| are generally considered to be divisions of the
state, and thus
immunity (and related waivers) is extended to local government
levels.
111
While negligence is normally considered to be a failure to comply
with statutory requirements, negligence can also be
declared when
a person or entity does or does not perform an action that is within
reasonable behavior standards (such as not calling for help when
able at an accident scene).
112
Common defenses to negligence can be an
assumption of risk
113
Government entities often are indemnified and protected from
| criminal and civil prosecution unless
negligence can be proven
114
The USLegal™ Definitions website provides this definition of
| “active negligence”:
“Active negligence,“however, occurs when someone has
personally participated in an affirmative act of negligence,
known about or complied in negligent acts, or failed to
perform a precise duty which he/she agreed to perform
115
Examples of areas where airport operators can be exposed to active
negligence are
response to aircraft incidents or accidents, snow
| removal, airfield maintenance, and environmental remediation
116
Other areas where Airport Executives and operators may become
concerned with legal issues include
(a) freedom of speech
(proselytizing/literature distribution), (b) freedom of movement (of
persons), (c) misuse of legal process (often by public officials
misusing their powers of office), (d) interference with person (the
right to be free from bodily injury or the threat thereof), (e) peace
of mind (freedom from unnecessary mental suffering), (f) privacy,
(g) interference with reputation, (h) property rights and (i)
contracts and business relationships
117
Property rights allow a person the
unrestricted enjoyment of their personal and real property, under
the legal precept of
quiet enjoyment. Quiet enjoyment refers to the right of an occupant of real property,
particularly of a residence, to enjoy and use premises in peace and without
interference. Quiet enjoyment is often an implied condition in a lease. “Quiet” is
not restricted to an absence of noise; it has been interpreted as “uninterrupted
118
Contracts and business
| relationships are also considered forms of
property
119
Interfering
| with a contractual relationship may constitute
breach of contract,
fraud, deceit and misrepresentation. People have the right to be
free from cheating and trickery.
