"San Jose, California commissioners try to recoup money lost from airport security breaches"

Sunday, March 30, 2003

San Jose commissioners try to recoup money lost from airport security
breaches
By Rodney Foo
The San Jose (CA) Mercury News


Mineta San Jose International Airport commissioners are seeking a new
ordinance that allows the city to recover police overtime and other costs
from the perpetrators of security breaches.

The commissioners are urging the city council to act after a Delta Airlines
flight in January was delayed when luggage screeners saw what appeared to be
a bomb in the bag of a Maine couple who had boarded the plane.

When screeners opened the bag they found a ski boot, batteries and a power
strip but no explosives. The screeners also discovered a sarcastic note
protesting luggage searches.

Incensed that the couple were not prosecuted, commissioners have focused on
at least making those responsible for future security violations pay for the
associated costs.

``We would like to send a message that if you deliberately disrupt the
airport's operations and cost extra time and flight delays there should be
some kind of a slap on the wrist for that,'' said commission chairman Noel
Tebo.

Commissioners broached the issue at their February meeting but were informed
by legal counsel that the airport and the city had no recourse for
recovering the costs.

``As a general matter of law,'' said Deputy City Attorney Kevin Fisher,
``unless there is some specific authorization, the city cannot collect or
bill people for services that it provides as part of its function'' in
responding to a security violation at the airport.

Some airports have laws or policies that permit them to recover those costs.
For example, Massachusetts codes allow Boston Logan International Airport to
seek reimbursement from ``any person causing or responsible for any security
violation.''

But none of the Bay Area's major airports have a legal mechanism like the
Massachusetts law.

To close that loophole in San Jose, the local airport commission at its
March meeting approved a resolution recommending the City Council adopt an
ordinance ``related to the intentional disruption of the airport security
system for the purpose of recovering the city's costs in responding to such
incidents.''

The council is scheduled to discuss the resolution April 8.


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