SECURITY: AN AMENITY OR A RESPONSIBILITY?
Terrorism has brought security into the spotlight and may affect building
security in the future.
Jaime Banks
Across the nation, companies are reviewing and increasing security in
their buildings. "Security in buildings has come to the top of any landlord/owner's
list. It is also certainly one of the top things on a tenant's list. The
landlord is worried about liability, and tenants want to take the position
that [security] is the landlord's problem," says Jay Schwartz, partner
with Atlanta law firm Smith, Gambrell & Russell. And where owners and
tenants are concerned, so are third-party management companies. Role of
the Third-Party Management Company "Generally speaking, third-party management
companies' contracts do not include security as part of them, because
we are not in the security business," says Wayne Etheridge, executive
vice president, Southern region, with Insignia/ESG, a company that manages
35 million square feet of property in the South. "We manage the security
for a property, meaning we, in the name of the owner or the property,
hire a security company. Our role is to maintain supervision of the company,
which means our property managers are charged with making sure security
is onsite, complying with their agreement and providing the amount of
security that is being purchased." Eric Mandus, also a partner with Smith,
Gambrell & Russell, further explains, "In the typical landlord's lease,
they tend not to address [security] too much. But significant tenants
will often require the landlord to maintain security, and most landlords
will agree to that although they typically put in their exclusionary language.
Most owners believe they have an obligation notwithstanding what is in
the leases to provide security, particularly with regard to known problems.
In most first class buildings, it is just considered a building amenity
that they are going to have to provide." "I think ultimately you see the
landlord step up to the plate and provide the security coverage although
they are very wary and try to stay away from liability issues as best
they can," adds Mandus. Specific to managers of high-rise office buildings,
he says, "They are trying to create a competitive building. In order to
create a competitive building, you've got to provide a certain level of
security. If your tenants don't feel safe, it is hard to lease your space.
I think they are driven as much by market considerations as they are by
legal considerations." "Security is a key service program for us," says
Carter & Associates' Mark Dukes, director of property management at Northpark
Town Center, a three-tower, 1.5 million-square-foot office property in
Atlanta. Northpark Town Center houses more than 100 companies. Some of
these companies lease as much as 100,000 to 200,000 square feet, according
to Dukes. Atlanta-based Carter & Associates manages more than 22 million
square feet in the Southeast, including Northpark Town Center. "The security
patrol service we have at Northpark is contracted out and we manage that
contract," says Dukes. Security team members "meet and greet visitors.
They are on the property at all hours, so they see things that are out
of the ordinary. We train our officers to be aware of their surroundings
when they are walking through the property." In particular, security officers
notice security and maintenance issues as well as risk management issues,
such as spills and other fall hazards. One of the challenges of multi-tenant
facilities, according to Dukes, is meeting the individual needs of multiple
companies, especially in terms of creating a welcoming atmosphere. Many
companies "have visitors and first time employees showing up. A big challenge
for us is that we really have to stay open, especially during business
hours," says Dukes. "While we've tried to fine-tune our security procedures
so everyone feels safe, we won't have a lock down, total-security-access
environment here. Visitors and guests need to feel they can come and go
freely." Another challenge is having tenants that allow employees to leave
the office with equipment. "We don't block people from leaving the building
every time they leave with their laptop. That's not the environment here,"
notes Dukes. Security goes beyond keeping criminals out and developing
emergency procedures, stresses Etheridge. "There are a number of other
issues related to security, like safety issues, product issues, utilization
of OSHA (Occupational Safety & Health Administration) and making sure
we are in compliance with codes." "Security teams really do get involved
in a lot of different types of things. Technically they are customer representatives
just like the rest of us," says Dukes. "Those folks are monitoring more
than just who is coming and going. They are monitoring life safety systems,
elevator systems and mechanical systems. If any of our cooling systems,
for example, have a failure at night or problem at night, they let us
know." And being prepared for emergencies is a big part of security. Carter
& Associates has recommended emergency guidelines available to all tenants
in written form. However, says Dukes, the building owner does not have
the right to mandate that tenants come up with similar plans. "Security
has been something people have brushed aside in the past," states Dukes,
citing reluctance to participate in fire drills and inattentiveness to
evacuation routes. "As a landlord representative in a multi-tenant situation,
we have the ability to make recommendations and strongly advise, but we
don't say to tenants, 'You are not doing this right.' It is a lease situation.
They have the right to use the space," he explains. When tenants do choose
to come up with their own emergency procedures, management companies often
work with tenants to develop their own security policies and procedures.
Dukes says he has met with tenants since September 11 to work on developing
procedures they lacked. "Security and safety are making their way to where
they really belong, in the forefront of people's minds," he says. Beyond
lease contracts, there are also legal considerations that guide owners
and managers in the amount of security they must provide. While each state
has different laws, there is generally a recognition that "property owners
have a duty to warn or protect people against known risk," says Mandus,
adding, "There has been some debate about what that exactly means. In
some situations, there has been some occurrence that took place, notifying
the landlord there was a problem. You get into issues about how similar
that incident was to the subsequent incident that occurred. In other words,
if somebody was breaking into cars in the parking lot, does that mean
that the landlord was under a duty to protect the people who parked in
that garage against rape? A plaintiff's attorney will say, 'Certainly,
yes, they had notice of this problem.' But a landlord's attorney would
say, 'No, they had notice of car break-ins. They didn't have notice of
a rape problem.' So you get into all these arguments about what the landlord
knew and what the landlord was required to protect against." Terrorism
Will Affect Building Leases "Here is the ultimate rub," says Mandus. "Either
the owner or the operator is going to require the other to maintain liability
insurance and name both of them as insureds. Ultimately, they are both
looking to an insurance carrier to cover the risk. This works okay historically,
but it is becoming an issue with the terrorist threat. More and more insurance
carriers are wanting to add terrorism exclusion to their policies." "I
think we will see terrorism affect the way leases are negotiated in the
future," Schwartz adds. "I am not sure that the terms of a lot of leases
really address terrorism and security to the extent that they will coming
up. In the lease today, the rules and regulations give the landlord the
right to institute security that the landlord deems necessary for the
efficient and safe operation of the building." Schwartz explains that
typical leases spell out opening and closing hours but not much else.
Leases will become more specific in terms of security in coming years
and they will address the cost of security, including security upgrades,
as a specific cost to be passed on to tenants, he says. Coordinating Security
One thing Dukes finds crucial to coordinating security in a multi-tenant
building is communication. With approximately 5,000 people working on
the property, Dukes says tenant representatives play an important role
in the building's security. These people, whom he calls "floor wardens,"
are responsible for communication between property managers and tenants
on a regular basis as well as during emergency situations. Floor wardens
help streamline communication. These are the contacts that building owner
representatives use to disseminate information about new programs and
changes, says Dukes. "They are charged with getting the communication
throughout their employee base, so we don't have all the employees from
that company calling us for the same things." Floor wardens also play
a role in building access. New employees go through Carter & Associates
to get access cards, but, Dukes explains, "We need to have authorization
that John Smith started working for X Company on the seventh floor and
he needs an access card. He can't come to the office and say, 'My name
is John Smith and they just hired me up there,'" explains Dukes. He also
says the company's Web site is a vehicle for communication on many matters,
including security. "We have all the different manuals and documents on
hardcopy and available to all tenants, but we have found that anything
we publish on our Web site is easy for people to access where they are,"
he explains. Tenant manuals have emergency information, including what
the security teams will do and what floor wardens are expected to do during
emergency situations. The manuals also have tips to help prevent emergencies.
Further, such communication should be short and simple. People are not
going to read several hundred pages, repetitive information or information
that pertains to other offices, says Dukes. He adds, "My advice would
be to take a site plan of the space, put a big red dot where the exit
door is and place that in different places throughout the suite, so that
when employees are on the way to get a cup of coffee, they are reminded
how to get out of the building." Another facet of corporate communication
is the orientation process. Dukes stresses the need for office managers
and administrative managers to mention emergency exits at some point during
the orientation of new employees. "It is surprising how people neglect
that sort of thing. They teach new employees everything about the company,
how to use the e-mail system and where the restrooms are. They walk right
past the stairwell and don't say, 'Oh, and by the way, if there is an
emergencySç' That is really all you have to do. Make sure these folks realize
how to get from their cubicle in the middle of cube-farm to the exit door,
to the stairwell and out of the building."
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