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HomeMy WebLinkAboutAdmin Order 58-19-21-FADMINISTRATIVE ORDER NO. 58-19-21-F ofthe City Manager Pro Tern ADOPTION OF AIRPORT BADGE HOLDER RULES AND REGULATIONS. The City Manager Pro Tern of the City of Eugene finds that: A. Pursuant to Sections 2.019 and 2.430 of the Eugene Code, 1971, the City Manager is authorized to adopt rules regulating use of the Airport. B. On December 23, 2019, Administrative Order No. 58-19-21 was issued ordering that notice be given of the opportunity to submit written comments on a proposal to adopt Airport Badge Holder Rules and Regulations ("the Rule"). Implementation of the Rules is required by the Transportation Safety Administration for purposes of strengthening Airport security. C. Notice of the proposed Rule adoption specified that written comments would be received for a period of 15 days from December 26, 2019, the first date of publication of the Notice. No comments concerning the proposed Rules were submitted within the time or in the manner set out in the Notice. On the basis of these findings, I order that: 1. The Airport Badge Holder Rules and Regulations set forth below, including the att'ached "Violation of Badge Holder Regulations" Enforcement Matrix attached as Attachment A to the Rules, are adopted. 2. A copy of this Order, including Attachment A, shall be promptly forwarded to the Mayor and City Councilors. Unless reviewed by the City Council pursuant to EC 2.430(3) and (4), this Order shall become final on the 11th day after the date it is signed. Dated this --14--day of January, 2020. ~ ~6 ~' Sarah Medary City Manager Pro Tern Unless reviewed by the City Council pursuant to EC 2.430(3) and (4), this Order becomes final on bet1s:ry-~' 2020. -i:: e.-brl.¼V"'.:) Administrative Order -Page 1 of 7 A. EUGENE AIRPORT BADGE HOLDER REGULATIONS Definitions. For purposes of this rule, the following definitions apply: Access Device. Any security key, lock combination or other device, manufactured or created for the purpose of accessing the Airport Operations Area, Secured Area, Cargo Security Identification Display Area, or the Sterile Area through a door or gate. Airport Operations Area. The property located within the boundary of the perimeter fence, including the Runways, Taxiways and ramps. Authorized Signatory. Individual designated by an Airport tenant or an Airport contractor as the tenant's or contractor's representative for purposes of executing documents on behalf of the tenant or contractor and for purposes of providing verification to the Airport that each of the tenant's or contractor's individual applicants for a EUG Access ID Badge has a valid need for access to the Airport Operations Area, Secured Area, Cargo Security Identification Display Area, and/or Sterile Area. Badge Holder. Individual who has a valid EUG Access ID Badge issued by the Eugene Airport for purposes of accessing the Airport Operations Area, Secured Area, Cargo Security Identification Display Area, or Sterile Area of the Airport propetiy. EUG Access ID Badge/ Badge. A badge approved by the City to indicate employment at the Airport, or to indicate unescorted access authority in a portion of the Airport Operations Area, Secured Area, Cargo Security Identification Display Area or the Sterile Area. Non-Official Purpose. Use of an EUG Access ID Badge when the badge holder is off- duty or in connection with personal business. Secured Area. The designated area around the terminal building where aircraft operators enplane and deplane passengers and sort and load luggage in which certain security measures specified in 49 CFR 1542 are can-ied out. Security Identification Display Area. The designated area in which security measures specified in 49 CFR 1540 are carried out. EUG has two (2) Security Identification Display Areas: the Secured Area and the Cargo Security Identification Display Area. Sterile Area. The area inside the terminal building located past the Transportation Security Administration (TSA) screening checkpoint, providing access to boarding aircraft. Administrative Order -Page 2 of 7 B. EUG Access ID Badge ("Badge") Use Requirements 1. Badge holder shall have badge in their possession at all times while within the Airport Operations Area, Secured Area, Cargo Security Identification Display Area, or the Sterile Area except when traveling as a commercial passenger. (Violation Class II) 2. Badge holder shall display badge above the waist on the outermost garment at all times while within the Secured Area, Sterile Area, or Cargo Security Identification Display Area . (Violation Class I) 3. Badge holder shall not use or attempt to use badge or other security access device issued by the Eugene Airport for a non-official purpose or a purpose other than those for which the badge or access device is intended. (Violation Class I) 4. Badge holder shall not alter badge by covering up or altering the picture, expiration date, name, or company name, poking holes through or bending badge or altering it in any other manner. (Violation Class II) 5. Badge holder shall not allow another person to use badge holder's badge or other security access device to access any security door or pedestrian or vehicle gate, regardless of whether or not the other person has been issued a badge or other security access device. (Violation Class III) 6. Badge holder shall not access or attempt to access any portion of the Eugene Airpo1i using-a badge or other security access device that no longer meets current Airport security guidelines, including but not limited to an expired badge. (Violation Class II) 7. Badge holder shall schedule an appointment to renew badge prior to badge's expiration. (Violation Class II) 8. Badge holder shall be responsible for the cost of a lost, stolen, destroyed, or otherwise unaccounted for badge or other security access device, regardless of whether or not it is replaced . (Violation Class II) C. Door and Gate Usage 1. Badge holder shall not use badge to bypass the · Transpmiation Security Administration security screening checkpoint process when traveling on a commercial flight. (Violation Class III) 2. Badge holder shall not leave any door propped open, unsecured, or unattended such that it could allow unsecured access to any portion of the Airport. (Violation Class II) 3. Air carrier badge holder shall ensure that boarding doors are secured after enplaning and deplaning passengers. (Violation Class II) Administrative Order -Page 3 of 7 4. Each badge holder shall be in physical possession of their own badge whenever passing through a secure gate or door. Badge holder shall not allow another person to pass through a secure gate or door unless that person is being escorted by the badge holder as permitted by these rules or has prior access approval by the Airport Security Manager or the Security Manager's designee. (Violation Class II) 5. Badge holder shall secure a pedestrian or vehicle gate, or wait for it to close, before proceeding into or out of the Airport premises. (Violation Class II) 6. Each badge holder shall engage their own badge when passing through a vehicle gate . Badge holders shall not allow another individual to pass through a vehicle gate unless that individual is escorted by the badge holder as permitted by these rules. (Violation Class II) D. Authorized Signatory Responsibilities 1. Airport tenant, Airport contractor, and any other company (e .g., vendor) ·that requests an access device shall designate an Authorized Signatory for badge sponsorship within three business days of request from Airport and notify the Airport immediately when an Authorized Signatory is no longer authorized to act on behalf of tenant or contractor. (Violation Class I) 2. Authorized Signatory shall ensure the proper completion of U.S. Citizenship and 'Immigration Services Form I-9 (Employment Eligibility Verification) for each of tenant's or contractor's individual badge applicants. (Violation Class I) 3. Authorized Signatory shall complete badge, and/or key audit(s) within the allotted time given to complete such audit(s). (Violation Class I) 4. Authorized Signatory shall complete the annual Authorized Signatory training in the allotted time given to complete such training. (Violation Class I) 5. Authorized Signatory shall ensure that a badge is returned to the Airport Badging Office within three business days following: badge expiration; badge holder's separation from employment; demand from the Eugene Airport or Transportation Security Administration; or badge holder's conviction of a disqualifying crime as set forth by Transportation Security Administration. (Violation Class II) 6. Authorized Signatory shall complete the annual Eugene Airport's Vehicle Sticker Registration in the allotted time given to complete the process. (Violation Class I) 7. Authorized Signatory shall ensure that tenant or contractor employees have valid Eugene Airport issued vehicle stickers as necessary. (Violation Class II) Administrative Order -Page 4 of 7 E. Reporting 1. Badge holder shall immediately report any and all security violations or suspicious activity to the Eugene Airport Security Manager (541-682-5430) or Airport Operations Duty Officer (541-954-6584). (Violation Class I) 2. Badge holder shall secure any security door or gate upon hearing an audible alarm sounding at the door or gate, and then shall immediately contact the Airport Operations Duty Officer (541-954-6584). (Violation Class I) 3. If badge is lost, stolen, destroyed, or otherwise unaccounted for, badge holder shall immediately report to the Airport Security Manager or Badging Office during business hours (541- 682-5430) or to the Airport Operations Duty Officer (541-954-6584). (Violation Class I) F. Escorting and Challenging 1. Badge holder shall not escort individual(s) into the Secured Area, Sterile Area,, or Cargo Security Identification Display Area for a non-official purpose (e.g., allowing entrance of a family member or friend) without prior written permission from the Airport Security Manager or designee. (Violation Class I) 2. Badge holder shall not escort anyone in a manner that bypasses the Transportation Security Administration security screening checkpoint process when the person being escorted is traveling on a commercial flight. (Violation Class III) 3. Badge holder shall not escort a non-badge holder within the Airport Operations Area, Secured Area, Cargo Security Identification Display Area, and/or Sterile Area if the badge holder is aware that the non-badge holder cannot obtain or retain an Airp01i badge for any reason. (Violation Class II) 4. Badge holder shall not leave non-badged individual(s) unattended within the Sterile Area, Secured Area, Cargo Security Identification Display Area, or Airport Operations Area. (Violation Class II) 5. Badge holder with escort authority may transfer escort authority to another badge holder only if the other badge holder acknowledges they have assumed responsibility for the esc01i. (Violation Class II) 6. Badge holder shall either challenge an individual who is not properly displaying their badge or call the Airport Operations Duty Officer phone (541-541-954-6584) to take over the challenge. (Violation Class II) 7. Badge holder who is challenged shall be cooperative and immediately present their badge. (Violation Class II) Administrative Order -Page 5 of 7 8. Badge holder shall contact the Airport Operations Duty Officer (541-954-6584) if challenged individual fails to cooperate and/or fails to produce their badge. (Violation Class I) 9. Badge holder shall not escort another badge holder, or be escorted by another badge holder, into the Airport Operations Area, Secured Area, Cargo Security Identification Display Area, and/or Sterile Area when they do not have their assigned EUG AccessID badge without prior permission from the Airport Security Manager or his/her designee. (Violation Class II) G. Prohibited Items Pursuant to Transportation Security Administration Guidelines 1. Badge holder shall not take work-related prohibited items or tools through the Transportation Security Administration security screening checkpoint. (Violation Class II) 2. Badge holder shall not take prohibited items, other than those needed for work related purposes, into the Secured Area, Sterile Area, or Cargo Security Identification Display Area. (Violation Class II) 3. Badge holder shall not leave work-related prohibited items or tools unattended in the Secured Area, Sterile Area, or Cargo Security Identification Display Area. (Violation Class II) H. Driving 1. Badge holder shall not drive a vehicle ( except for vehicles that are exempt by the Airport) into the Secured Area without first having the vehicle inspected by Airport staff. (Violation Class II) 2. Badge holder shall not drive a vehicle onto Secured Area, Cargo Security Identification Display Area, or Airport Operations Area without a beacon or flag and a placard. This regulation does not apply to hangar and baggage corral areas. (Violation Class II) 3. Badge holder shall not drive a vehicle on ramp areas or perimeter access roads at speeds that exceed the established speed limit. (Violation Class I) 4. Badge holder without driving privileges shall not drive within the Secured Area, or Cargo Security Identification Display Area, or Airport Operations Area. This regulation does not apply to hangar and baggage corral areas. (Violation Class II) 5. Badge holder with driving privileges shall be responsible for controlling and monitoring all vehicles under escort by being in the vehicle or directly in front of the vehicle under escmi. (Violation Class II) Administrative Order -Page 6 of 7 I. Violation of Badge Holder Regulations The consequences of violation of a Badge Holder Regulation listed in Sections B. through H. above depend upon on the Violation Class applicable to the specific regulation and whether the violation is a first or repeat offense. The Violation Class for each regulation is specified at the end of each regulation listed in Sections B. through H. above. Consequences of a violation are set out on the "Violation of Badge Holder Regulations" Enforcement Matrix and Enforcement provisions at Attachment A to these regulations. Administrative Order -Page 7 of 7 Enforcement Matrix 1st Offense 2nd Offense (and any subsequent class II or Ill offenses) 3rd Offense (and any subsequent class II offenses) 4th Offense (and any subsequent offenses) Attachment A Violation of Badge Holder Regulations* Class I Class II Class Ill Training Training Meeting with ASM** and Training Penalty up to $20 Employer Possible Suspension Penalty up $200 Training Training Meeting with ASM** and Revocation of EUG Access ID Badge Penalty up to $20 Employer Penalty up to $50 Training Training Meeting with ASM** and Meeting with ASM** and Employer Penalty up to $50 Employer Possible Suspension Penalty up to $100 Training Meeting with ASM** and Revocation of EUG Access ID Badge Employer Possible Suspension Penalty up to $100 * For City of Eugene employees who have a valid EUG Access ID Badge issued by the Eugene Airport, consequence of violation will be consistent with this enforcement matrix to the extent consistent with City of Eugene's Administrative Policy (APM}12.2 and/or the appropriate bargained contract. ** ASM means "Airport Security Manager" Authorized Signatory is responsible for the cost of reactivating a badge ($10) that has been deactivated due to: tenant's or contractor's non-payment · of Airport dues; Signatory's failure to complete response to annual audit and/or annual Authorized Signatory training; or any other reason deemed necessary to protect Airport security. If badge loss accountability exceeds TSA's mandate of maintaining a loss percentage of 5% or less of all issued badges, Authorized Signatory is responsible for the cost of rebadging all of tenant's or contractor's current badge holders at $10/badge. :L.:..•-l..-f"l"""/f<>"'fl'Vl.:i..11.1:...,:-,.. • ...,,._. __ ,..._._..., •• -=.,._-1,~•,...,_..,.,.,_.,,;,i:1~.: .... ·;,:;;""'1-W,·:u.,:(.,t-.~·).•;.,l.,J~·;.;,,.,..,_,.n~"=···--·=··--~•;•••.,,..~1.'lio>,:-'"""1";;')IJr"''l",i:.~.:,.,..,~ , z;,.-.:i·w.-,.._,.,;,.._-,,..,......_,~ . .JA.1,....,,,.;,.,.~,..,..,..,,_.,._.~...,.~.~ Attachment A Enforcement Security violations are taken seriously at EUG and will be addressed. After the ASM or his/her designee has completed an investigation of the incident and has determined that a violation has occurred, the ASM or his/her designee will contact the badge holder's manager/ signatory to discuss the violation and enforcement. In the case of a violation by a general aviation tenant, the ASM or designee will contact the badge holder directly. At this time or shortly thereafter, the ASM or designee will provide a written notice of violation to the badge holder indicating the prescribed enforcement action. Along with enforcement actions imposed by the ASM, the TSA may also impose .civil penalties .on badge holders who violate security procedures. Unless an appeal is pending, training specified in the notice of violation must be scheduled and completed by the badge holder within 5 business days of the date of the notice and fines must be paid within 30 days of the date of the notice. Failure to do so may result in deactivation of the EUG Access ID badge. Appea I Process Persons who have received a notice of violation may request an informal hearing to contest the notice. The request for an informal hearing must be in writing and filed with the ASM at the location indicated on the notice within seven days of receipt of the notice. The ASM shall schedule a time and place for the informal hearing to be conducted, which shall be not more than seven days after receipt of the request for hearing. At the informal hearing the ASM shall consider testimony from the Airport personnel involved in the incident that resulted in the notice, testimony from the person requesting the hearing, and testimony from any other witnesses to the incident. The Airport Director or designee may exclude anyone from the informal hearing, other than the person that requested the hearing, that is not presenting testimony. The ASM reserves the right to exercise reasonable discretion in determining the class of violation and disciplinary action prescribed, based on the circumstances surrounding the violation. Within 72 hours of the informal hearing the ASM will issue a written decision affirming, modifying, or cancelling the notice. The decision shall be delivered or mailed to the person that requested the hearing on the date issued. The written decision of the ASM shall be final on the 8th day after it is issued unless prior to that time a written notice of appeal is filed with the Airport Director at the location indicated on the ASM decision. The appeal to the Airport Director shall follow the process described in Section 10 of the Eugene Airport Rules and Regulations except that the decision of the Airport Director shall be the City's final decision .