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2. Principles of Governance general Key Po i nt Members of airport governing bodies are charged with adhering to basic fundamental democratic principles of governance. These principles enable policy makers to effectively discharge their fiduciary duties, maintain public trust, and ensure that both individual actions and decisions, made as a whole, are at all times ethical and conform to both criminal and civil law. D i s cu s s i on Airport governing bodies develop and adopt a "Code of Ethics" to govern their personal conduct, deliberations, and The Airport actions as a whole. Governing bodies also adopt policies and procedures for the conduct of their meetings. These measures are affirmed each calendar or fiscal year by recorded formal action. In addition to broad-based principles of governance, Open Meetings states and localities have laws that govern how public officials are to conduct themselves. These laws Personal promote accountability and transparency by allowing the general public to be fully informed about the Financial Gifts actions of the governing body, with public access Relationships provided to how decisions are made and how funding Policy Maker is allocated. While they may vary by state and locality, local laws generally address the following: Ethical Issues Obligations and expectations associated Personal Use Contract with the discharge of duties; of Airport FINANCIAL Awards Prohibited conduct including the acceptance Property of gifts and favors; Restrictions on the acquisition and use of real estate; Conflict of interest disclosures related to financial holdings and interests; Freedom of Information Act (FOIA) requirements for advertising meeting dates and locations, conduct of meetings, and retention/release of public records and documents. In addition to basic principles of governance, policy makers should be aware of the many rules and regulations that govern airport activities. See Issue Papers 18-20 for a discussion of many of these. rules 6

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R isks and Liabilities GENERAL Public entities and those that serve them are exposed to certain risks and liabilities. Newly appointed policy makers especially may not understand their responsibilities or their liability if they or the policy-making body take improper actions. Typical claims brought against a public entity, its employees, and volunteers are for alleged or actual breach of duty, neglect, error, misstatement, or omission in the course of public duties. These might relate to award of contracts, employee termination, an aircraft accident, or any other activity under the purview of the airport owner, policy-making board, or airport management. Insurance companies offer protection for individuals from this exposure. Recommended practices that policy makers can take to help limit their liability include: Act within the authority granted by the governing documents and relevant statutes; Avoid all conflicts of interest. This includes disclosing conflicts of interest and recusing oneself from participating in a vote where the member has a conflict of interest; Attend the meetings of the policy-making body (board/commission, authority, etc.). Absence from a board meeting does not necessarily release one from the responsibility for decisions made. A pattern of absence may THE AIRPORT increase an individual's liability because they cannot demonstrate a dedication to the obligations of the position; Stay informed about issues and deal with them in a timely manner. Board members are often more at risk for taking no action than for taking the wrong action for the right reasons; Ensure a record of all votes. It also helps to show when the board made serious consideration of an action before the action was taken; Make a record with respect to all issues that arise at meetings. This includes attaching experts' reports and counsel opinions to minutes of the meeting; Ensure the policy-making board keeps comprehensive and up-to-date personnel policies; and Review and understand financial statements and ensure employment and income taxes are paid. App l i c at i o n FINANCIAL Request that airport management and legal counsel provide an overview of the ethics and laws related to your role as a policy maker; Anticipate ethical issues such as: CONFERENCE ROOM Can I accept a gift from a major airport tenant? Can we keep the public away from the upcoming controversial board meeting? Can we award a small marketing contract to the mayor's brother? Additional information sources: The American Association of Airport Executives (AAAE) Code of Ethics: www.aaae.org/membership/codeofethics.cfm The National Association of Counties (NACO) Code of Ethics: http://www.naco.org/Counties/Pages/CodeofEthics.aspx RULES CONFERENCE ROOM 7 CONFERENCE ROOM