The Alabama Ethics Commission issued an advisory opinion finding employees of airport authorities are public employees and therefore subject to the state ethics law.

Attorneys for the Birmingham and Huntsville airport authorities argued airport employees are private because they are paid with funds generated by the airport.

However, the commission ruled the airport’s revenue is considered “state, county, or municipal funds” because the Legislature grants the airport authority the ability to collect those fees for a specific purpose.

Airport employees are criminally liable for ethics violations and, if they meet specific income thresholds, are required to file annual statements with the commission.

The Birmingham Airport Authority intends to appeal to the Montgomery County Circuit Court.