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.

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.