Saturday, February 2, 2019

Letter to the Editor: Airport board liable

I’d like to draw everyone’s attention to an article written by Jeffrey S. Tenenbaum Esq. dated December 21st, 2015; “Legal Duties of Association Board Members. Are your association’s officers, directors, committee members and volunteers absolutely clear as to their roles and responsibilities within the organization’s governance structure? Probably not.”

Members have no management authority as such authority is held by the board of directors.

Board members as well as volunteers and staff have a fiduciary duty to the organization, including duties of care, loyalty and obedience.

This means that board members must give undivided allegiance to the airport when making decisions affecting the airport. In other words, board members cannot put personal interests above the interests of the airport. Personal interests may include outside business, professional or financial interests.

Board members cannot remain willfully ignorant of affairs of the airport.

Board members acting outside of or abusing their authority as board members may be subject to personal liability arising from such actions.

There is also an issue of “apparent authority.” The airport authority board could be held liable for the actions of its board member or volunteers, even when the board knows nothing about those actions.

Friends of the Airport sending letters to the Federal Aviation Administration calling for the removal of airport staff as well as the copying and taking of computer hard drives could fall under this “apparent authority.”

So I do agree with Joe Gish. An ethics board should be applied to all parties involved. ...

James R. Spencer
Lapwai, Idaho

Original article can be found here ➤

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