Alabama Ethics Commission Challenges Circuit Court’s Public Employee Ruling - State and Federal Communications

July 10, 2020  •  

Alabama Ethics Commission Challenges Circuit Court’s Public Employee Ruling

The Alabama Ethics Commission has filed a motion asking the Montgomery County Circuit Court to revise one of their orders.

The Court recently ruled that airport authority employees are not public employees, or subject to the Ethics Act.

The Ethics Commission has proposed rather than looking to whether someone is paid through taxpayer contributions, the standard should be whether their salaries were paid out of revenue from negotiated “commercial arms-length” transactions.

The Birmingham Airport Authority has filed a response arguing the commission’s new standard inconsistent with the facts of the case.

Joining them in opposition, the Alabama Water and Wastewater Institute has also filed a brief arguing this new standard.

The institute argues the standard would create a burden on public corporations and their employees.

Therefore, this would cause an attempt to untie a tangled knot of revenue and determine the status of each employee.

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