ENTITY, AS WELL AS SOME PROTECTIONS REGARDING CONTINUED RETIREMENT AND OTHER EMPLOYMENT RELATED BENEFITS.
APPARENTLY, FROM THE ENCLOSED CORRESPONDENCE FROM MR. ROBINSON AND THE TULSA CITY ATTORNEY, THE EFFECT OF THIS TRANSFER IS PERCEIVED TO BE THAT OF DIVESTING THE COMMISSION OF ANY AUTHORITY OVER THESE EMPLOYEES. A POINT TO REMEMBER, IN THAT REGARD, IS THAT ALL OF THE CHARTER PROVISIONS REFERRED TO BY MR. ROBINSON DEAL WITH THE TULSA AIRPORT AUTHORITY. HOWEVER, THE PUBLIC TRUST THAT IS IDENTIFIED IN THE CONTRACTUAL DOCUMENTS AS BEING THE NEW EMPLOYER IS NOT THE TULSA AIRPORT AUTHORITY. RATHER, IT IS THE TULSA AIRPORT IMPROVEMENTS TRUST, APPARENTLY A SEPARATE ENTITY FROM THE AUTHORITY. I CAN TELL YOU GENERALLY THAT IN OKLAHOMA, IT IS WELL RECOGNIZED THAT A PUBLIC TRUST ORGANIZED AND OPERATED PURSUANT TO TITLE 60 OF THE OKLAHOMA STATUTES IS A SEPARATE AND DISTINCT LEGAL ENTITY FROM THE PUBLIC BODY THAT SERVES AS ITS BENEFICIARY, FOR MANY LEGAL PURPOSES. I ALSO RECOGNIZE THAT GIVEN THE PROPER EVIDENTIARY BASIS, ONE COULD MAKE THE ARGUMENT THAT THE GENERAL CHARTER TERMS CONCERNING AIRPORT EMPLOYEES LIMITS THE ABILITY OF THE CITY TO ENTER INTO AGREEMENTS DETRIMENTALLY AFFECTING EMPLOYEE RIGHTS.
IN THIS CASE, THERE IS NO WAY THAT I CAN MAKE THE KINDS OF LEGAL JUDGMENTS NECESSARY TO COMPLETELY RESPOND TO YOUR LETTER WITHOUT A MUCH MORE DETAILED FACTUAL REVIEW, NOT ONLY OF THE DOCUMENTS OF RELEVANCE, BUT ALSO OF THE ATTENDANT FACTUAL CIRCUMSTANCES. HOWEVER, IT APPEARS THAT MR. ROBINSON MAY NOT BE ADEQUATELY TAKING INTO CONSIDERATION THE DIFFERENCE THAT THE SEPARATE LEGAL STATUS OF THIS TRUST MIGHT HAVE ON HIS CONCERNS. I CAN ONLY SUGGEST THAT MR. ROBINSON ASK FOR FURTHER INFORMATION FROM THE CITY ATTORNEY, OR, IN THE ALTERNATIVE, THAT HE SEEK INDEPENDENT LEGAL ADVICE FROM AN ATTORNEY WHO IS PERMITTED BY LAW TO MAKE THE TYPE OF FACTUAL REVIEW THAT IS NECESSARY TO FULLY ANSWER HIS CONCERNS. I HOPE THAT THIS INFORMATIONAL LETTER IS OF SOME ASSISTANCE TO YOU. PLEASE FEEL FREE TO CALL ME IF YOU HAVE ANY QUESTIONS ABOUT THE LETTER OR THE REASON THAT I CANNOT GIVE MORE CONCRETE ASSISTANCE.
(MICHAEL SCOTT FERN)