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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

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PRE-HEARING CONFERENCE 

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CITY OF BRIDGEPORT, 

CONNECTICUT, 

Respondent. 

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Thursday, 

May 27, 2010 

Docket No. CP09NE0001 

DMS No. FAA-2009-0977 

10:00 a.m. 

Via teleconference 

RECEIVED 

JUN I 6 2010 

HEAR/NG DOCKET 

BEFORE: 

ISAAC D. BENKIN, Administrativ e Judg e 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 vvww.nealrgross.com 
APPEARANCES: 

On Behalf of the Respondent. City of 

Bridgeport. Connecticut: 

MARK T. ANASTASI, ESQ. 

City Attorney, City of Bridgeport 

999 Broad Street, 2"*^ Floor 

Bridgeport, Connecticut 06604-4328 

(203) 576-8082 

(203) 576-8252 (fax) 

RICHARD G. KASCAK, JR., ESQ. 

LISA R. TRACHTENBURG, ESQ. 

Associate City Attorneys 

Office of the City Attorney 

999 Broad Street, 2'''^ Floor 

Bridgeport, Connecticut 06604-4328 

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On Behalf of the Complainant, Federal 

Aviation Administration: 

JOHN R. DONNELLY, ESQ. 

Office of the Regional Counsel, ANE-7 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, Massachusetts 01803-5299 

(781) 238-7045 

ALSO PRESENT 

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MICHEL HOVAN, Manager, Airport Safety 

and Standards Branch, New England 

Region, FAA 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

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WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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P-R-0-C-E-E-D-I-N-G-S 

10:04 a.m. 

ADMIN. JUDGE BENKIN; Good 

morning, everyone. My name is Isaac D. 

Benkin. I'm the Administrative Law Judge in 

charge of conducting the hearing in the matter 

of the City of Bridgeport, Connecticut which 

is FAA Docket Number CP09NE0001. 

This conference call is being 

stenographically recorded and after it's over, 

the reporter will stay on the line and parties 

who want to purchase a copy of the transcript 

may make arrangements with him to do so. 

My purpose in convening this 

conference is to determine where the parties 

stand with regard to their readiness to move 

forward at the hearing which will be held on 

June the 10 th in the Federal Building in 

Bridgeport. 

The first item of business I want 

to take up is the city's motion to reconsider 

which the FAA has opposed. I'm going to read 

NEAL R. GROSS 

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you my ruling on that motion and after that, 

we'll deal with some other items. 

This ruling will be put in the 

form of a written order that will be served on 

all parties and it reads as follows: 

Respondent has filed a motion 

asking me to reconsider my order of April 

29th, 2010 granting the motion of the 

Complainant to impose sanctions on the 

Respondent for failure to respond to discovery 

requests The Complainant has filed an 

objection asking me to deny the motion. 

The motion must be denied. 

The record shows that the Federal 

Aviation Administration served discovery 

requests consisting of interrogatories and 

requests for production of documents upon the 

Respondent on February 12, 2010. 

The 30-day deadline for Respondent 

to answer those requests came and went and 

there was no reply from the Respondent. 

Then counsel for the FAA wrote a 

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letter to counsel for the Respondent City 

calling its attention to its obligation to 

respond to the pending discovery and asking 

for a response by March 29, 2010. No response 

was received. 

As a result, the Complainant filed 

a motion asking me to compel the city to 

answer its discovery request. There was no 

answer to that motion by the Respondent. 

On April 15, 2010, I issued an 

order compelling the Respondent to answer the 

motion or submit the information sought by the 

FAA no later than April 26, 2010. Again, the 

city was not heard from. 

Therefore, on April 29, 2010, I 

issued an order imposing upon the city the 

follow sanction. It was barred from 

submitting case-in-chief evidence on the issue 

of its liability during the hearing. 

Now, some three months after 

receipt of Complainant's interrogatories and 

request for documents, the Respondent wants me 

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to overturn those sanction and leave it scott 

free of any consequences for its persistent 

disregard of the procedural rules and my 

orders. This I will not do. 

The sanction was imposed after 

fair warning. It is appropriate to the 

offense. In that, a party who has hidden its 

information from the other cannot in all 

fairness be permitted to uncloak relevant 

information on the eve of the hearing. 

Finally, I can think of no lesser 

sanction that would be appropriate in the 

circumstances and the respondent has suggested 

none. To delay the hearing which has been 

delayed once before is not in the interest of 

either of the parties. 

This hearing is the result of an 

airfield inspection that took place in 2008, 

a year and a half ago. If the FAA is correct 

in its allegations, the airport at issue has 

been and continues to be unsafe. Thus, the 

quicker the matter is resolved the better off 

(202) 234-4433 

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the public will be. There is no public 

interest in continuing this case and 

lengthening the period during which the 

alleged unsafe conditions at Sikorsky Field 

persist. 

For these reasons, the motion to 

reconsider is denied and that is the end of my 

order. 

I do want to point out, however. 

that in the city's pleading signed by Mr. 

Kascak, he indicated that the city would like 

me specifically to issue an order permitting 

Respondent's participation to cross 

examination of witnesses in the presentation 

of evidence bearing on the issue of the amount 

of the civil penalty. 

My April 29 order specifically 

allows the city to present evidence, case-inchief evidence, on the issue of the amount of 

the civil penalty to be imposed. So, there is 

no reason to reconsider the order in that 

respect. 

(202) 234-4433 

NEAL R. GROSS 

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So, I want to -- and indeed the 

same order permits the city to cross examine 

witnesses tendered by the FAA. So, there's no 

need to change the order in that respect. 

Finally, I want to say one thing 

and that is in my view evidence going to the 

motive of the FAA in instituting this 

proceeding is totally irrelevant and is not 

something I have jurisdiction to hear. The 

FAA decides what sanctions it wishes to impose 

and only if it chooses the sanction of a civil 

penalty do Administrative Law Judges get 

involved in these cases and it's been held 

many, many time that we have no right to tell 

the FAA that it should have written a letter 

of reprimand or some such minor sanction in 

lieu of instituting a civil penalty case. 

So, I'm not interested in their motives. 

What I am interested in is the 

question is what Ms. Hyman saw and reported 

accurate and whether the things she saw and 

reported amount to a violation of the Federal 

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Aviation Regulations. 

The third issue I'm interested in 

is if Ms. Hyman was correct, what is the 

appropriate amount of a civil penalty that 

should flow from that. 

Now, having said that, Mr. 

Anastasi or Mr. Kascak, I'll hear from you as 

to anything you've got to say. 

MR. ANASTASI: Your Honor, Mark 

Anastasi, City Attorney, Bridgeport. 

I'm going to just make one brief 

comment and then I will defer to Mr. Kascak 

and --

ADMIN. JUDGE BENKIN: I'm sorry. 

Mr. Kascak, for mispronouncing your name. 

MR. KASCAK: That's fine. Your 

Honor. 

MR. ANASTASI: I just didn't want 

to leave un-responded to. Your Honor, the 

impression left, and it may be more than an 

impression in your mind, that the airport 

continues to be unsafe. 

(202) 234-4433 

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Obviously, that's an issue that 

may be determined in the context of this 

hearing, but we at least wanted to indicate 

that it's our position that what violations 

did occur and the issue of their occurrence 

appears to have been determined at this point. 

We want to be very clear and we intend to show 

and we believe it's relevant on the issue of 

what an appropriate penalty is that they were 

indeed rectified in a prompt and timely manner 

once we were cited and that they continued to 

be rectified with the single exception of the 

issue of the condition of the paved portion of 

the runway. Which as I think all parties will 

agree is subject to other processes, i.e., 

pending litigation involving the FAA, the Town 

of Stratford, the City of Bridgeport and the 

need to relocate a roadway in the Town of 

Stratford in order to free up grant monies 

from the Federal Government to make that long 

term improvement 

But, we're intent upon 

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demonstrating that even in the absence of that 

improvement we have been since the date of the 

citation diligently moving forward with 

regards to inspections, sweeping as necessary, 

et cetera. 

We understand all of that is the 

subject for the hearing in terms of what might 

be an appropriate penalty, but I simply did 

not want to leave it un-responded to since 

there is going to be a record here. It's our 

position that we reacted appropriately and 

that there is not a situation that the public 

should be concerned about at least not as 

occasioned by anything within our unilateral 

control. 

With that said. Your Honor, I 

would defer to Mr. Kascak in terms of whether 

you believe now might be the appropriate time 

to discuss one of the elements you asked us to 

be prepared today on and that is the status of 

any settlement negotiations, but obviously, if 

you think that's premature, I will cease my 

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comment and let Attorney Donnelly speak. 

ADMIN. JUDGE BENKIN: Well, I 

understand what you're saying and it's 

specifically my ruling that the extent to 

which the conditions that the inspection found 

render the field hazardous, unsafe if you 

will. That's relevant to the amount of the 

sanction. So, you --

MR. ANASTASI: I understand. Your 

Honor. I was simply -- and if you disagree 

with me, I would obviously respect that, but 

my reading of your order is that since you are 

open to argument and evidence on the issue of 

what is an appropriate sanction, that one 

element of proof in what an appropriate 

sanction would rightly be the Respondent's 

reaction and cure methodologies and how 

diligent and comprehensive and attentive we 

were to it once pointed out. We understand 

that's sort of an equitable remediation 

argiiment, but it's one, unless you order 

otherwise, we would want to make part of the 

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record as sort of our plea, if you will, as to 

why the particular monetary penalty is 

excessive under all the facts and 

circumstances. 

If I'm wrong in our ability to 

produce that evidence, obviously, I would 

defer to your ruling. 

ADMIN. JUDGE BENKIN: I agree with 

you on that subject. 

MR. ANASTASI: Thank you. Your 

Honor. 

MR. KASCAK: Judge, may I just 

address the issue of the mode of evidence you 

discussed. 

Is it may understanding from your 

ruling today that evidence of the past history 

before the citations and history since the 

citations are off limits at this hearing? 

ADMIN. JUDGE BENKIN: That's 

correct 

MR. KASCAK: Okay, 

ADMIN. JUDGE BENKIN: What we'r e 

(202) 234-4433 

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dealing with here is the conditions that the 

FAA Inspector Ms. Hyman, as I understand her 

name is, found when she performed this 

inspection, whether she accurately related 

them and number two, whether they amount to a 

violation of the Federal Aviation Regulations. 

Which, of course, it's the FAA's position 

those regulations incorporate by reference 

your ACM, your Airport Certification Manual. 

And then the final issue is 

assuming the FAA has put on a prima facie case 

that you violated their regulations, how much 

should it cost you? 

That's what we're going to hear. 

The argument that the FAA is instituting this 

case because they've got some agenda other 

than public safety is irrelevant as far as I'm 

concerned. We're not here to try the FAA's 

good -- we're here to try the question whether 

the city is in violation of the FARs. 

Okay. Do you fully understand 

what I'm telling you, Mr. Kascak? 

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MR. KASCAK: Again, Your Honor, 

Richard Kascak for the record. 

The one thing I'm concerned about 

is suppose the past history is a component of 

the penalty calculation. Do we get to address 

that. Your Honor? 

ADMIN. JUDGE BENKIN: You're going 

to have -- that's a pretty attenuated piece of 

reasoning and you're going to have to spell it 

out for me. 

MR. ANASTASI: Your Honor, Mark, 

ADMIN. JUDGE BENKIN: 

smart enough to understand that 

I'm not 

MR. KASCAK: Well, Your Honor, 

shall I do it now or would I do it at the 

hearing? 

ADMIN. JUDGE BENKIN: Yes, you 

want to tell me why you can have dangerous 

ruts in your field? Was it because of 

something that happened in the past? Maybe a 

glacier came down and caused them. 

MR. KASCAK: Well, no. Your Honor, 

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I was reading through the Complainant's 

witness and evidence list and there is 

reference to a past history of violations. 

ADMIN. JUDGE BENKIN: Oh, a past 

history of violations --

MR. KASCAK: Yes. 

ADMIN. JUDGE BENKIN: — is, of 

course, one of the things we look at in 

determining the amount of the penalty. Yes, 

you can deal with that. 

MR. KASCAK: Well, Your Honor, 

wouldn't that be mode of evidence? 

ADMIN. JUDGE BENKIN: Mode of 

evidence? No. 

MR. KASCAK: No. Okay. 

ADMIN. JUDGE BENKIN: The question 

is did you commit the past violation or didn't 

you and we're not going to retry it over 

again. I mean the FAA's going to come in with 

their records and their records will show some 

prior inspections and I presioine some prior 

violations. 

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MR. KASCAK: Well, then again. 

Your Honor --

ADMIN. JUDGE BENKIN: Now, you 

want to 

MR. KASCAK: Richard Kascak again 

for the record. 

ADMIN. JUDGE BENKIN: We're not 

going to try that question again. 

MR. KASCAK: Well, in our case, I 

assumed that we would be able to present 

evidence of history since the violation. I 

assume. Your Honor. 

ADMIN. JUDGE BENKIN: If you want 

to prove -- no, what you have to do is prove 

that you fixed these problems rather rapidly. 

MR. ANASTASI Your Honor, Mark 

Anastasi 

My understanding of what you had 

previously indicated earlier in this 

conversation in response to my initial 

statement was that you concurred that evidence 

of remediation was appropriate and relevant to 

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the issue of the penalty. It may not be 

dispositive in your mind, but it's admissible. 

So, I'm assuming you're just confirming that 

now. 

ADMIN. JUDGE BENKIN; It's 

admissible. Yes, sir. 

MR. ANASTASI: Thank you. 

MR. KASCAK: Sorry, Your Honor 

was confused. I apologize. 

ADMIN. JUDGE BENKIN; The 

Administrator has ruled in many, many cases 

that one of the things we look to is, for 

example, in a case where there's -- as in this 

case, there's an allegation that people were 

not adequately trained. Whether as soon as 

that was called to your attention you got the 

training for them. 

MR. ANASTASI: Thank you. Your 

Honor. 

Honor. 

MR. KASCAK; Thank you, Your 

ADMIN. JUDGE BENKIN: Okay. Okay. 

(202) 234-4433 

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I need to talk to Mr. Donnelly. Mr, Donnelly, 

are you there? 

MR. DONNELLY: Yes, Judge, good 

morning, 

ADMIN. JUDGE BENKIN: Good 

morning. I've looked through the material 

that you have submitted and you look like 

you're fairly well prepared for your case. 

The one thing I didn't find in 

there is a copy of the FAA's regulation on 

sanctions. Are you going to offer that? 

MR. DONNELLY: Yes, Judge, we'll 

offer that at hearing. I can submit --

ADMIN. JUDGE BENKIN: Okay. Just 

be sure you send a copy of it to the 

Respondent. 

MR. DONNELLY: I will do that. 

Judge. I anticipated asking the Court to take 

judicial notice and I was going to have 

testimony through Inspector Dragonas. That's 

formally Laurie Hyman. She's been married 

since these proceedings took place. So, her 

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new name is or her married name is Dragonas DR-A-G-0-N-A-S. 

ADMIN. JUDGE BENKIN: I'm sorry. 

I got it backwards. I thought her married 

name was Hyman. Okay. Fine. 

MR. DONNELLY: Judge, I do have a 

couple of things in response whenever you're 

ready. 

ADMIN. JUDGE BENKIN: Pass my 

apologies to her, 

MR. DONNELLY: I will do that. 

ADMIN. JUDGE BENKIN: And my 

congratulations. 

One final question I have for both 

counsel. You can start off on this. How long 

do you anticipate this hearing will last? 

MR. DONNELLY: Judge, is that for 

Attorney Donnelly? 

ADMIN. JUDGE BENKIN: Yes. 

MR. DONNELLY: I'm sorry. 

couldn't hear. I would anticipate that we 

would conclude within one day. 

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ADMIN. JUDGE BENKIN: What about 

you, Mr. Kascak? 

MR. KASCAK: I would assume we 

would need a day also. Your Honor, if Mr. 

Donnelly would be taking up a day. 

ADMIN. JUDGE BENKIN: Okay. I 

thought Mr. Donnelly's estimate included cross 

examination. Am I wrong? 

MR. DONNELLY: It does. Judge. I 

think both parties can conclude this hearing 

in one day based upon my experience. 

ADMIN. JUDGE BENKIN: That's what 

I thought, too 

MR. ANASTASI Your Honor, 

Attorney Anastasi 

We obviously would do whatever our 

part is in attempting to have an expeditious 

hearing. However, not being as familiar with 

the process as either of the two of you are 

and recognizing that it's more than simply 

cross examination, my understanding is we're 

not precluded from introducing evidence with 

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respect to remediation, 

appropriateness of penalty. 

repair, 

We obviously cannot commit that 

this is going to be resolved in a day. 

Largely, that will be dependent on -- in the 

first instance obviously what Attorney 

Donnelly introduces. So, while we'll make 

every effort to make it a one-day hearing, we 

obviously wouldn't want to be bound to that 

and I don't think that was your intent. 

ADMIN. JUDGE BENKIN: No, that 

wasn't. No, that was not my intent. 

MR. ANASTASI Oftentimes, Your 

Honor, we're experienced in Federal court 

where you go in on an injunction hearing, for 

instance, and the judge will tell you up front 

I've got four hours for this, the moving 

party's got two and a half hours and you've 

got an hour and a half to respond at the end 

of which I'm ruling and I simply wanted to 

make sure we weren't walking into that 

scenario. 

(202) 234-4433 

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ADMIN. JUDGE BENKIN: Oh, no, 

you're not. We, Administrative Law Judges, 

are pussycats compared to those guys and gals 

with lifetime appointments. 

agenda. 

Okay. That's the end of my 

MR. ANASTASI: Your Honor, again. 

Mark Anastasi. Can I just address one point 

that has raised some concern on our end of 

this --

please. 

ADMIN. JUDGE BENKIN: Address 

MR. ANASTASI: I notice and I may 

have written it down wrong, but earlier in 

your ruling, I heard some language that if I 

wrote it correctly spoke in terms of the 

airport having been and continuing to unsafe. 

I simply want to make certain that there is no 

intent in your order to be making either a 

factual finding or a conclusion to that 

affect. Because, respectfully, I didn't think 

that was the appropriate place for such a 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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finding. I didn't think you ruling on our 

motion was intended to make that finding and 

such a finding could clearly have consequences 

both in terms of public perception and 

business relationships at the airport and 

liability concerns as well. 

So, I'm hopeful that there's not 

going to be anything in your order that makes 

a finding and certainly not without a hearing 

in any record that the airport is or continues 

to be unsafe. 

ADMIN. JUDGE BENKIN: Well, what I 

said was if the -- I said as follows. If the 

FAA is correct in its allegations, the airport 

at issue has been and continues to be unsafe. 

MS. TRACHTENBURG: Your Honor, if 

I may please. This is Lisa Trachtenburg, 

Associate City Attorney for the City of 

Bridgeport and --

ADMI N JUDG E BENKI N 

Trachtenburg, let me finish. 

MS. TRACHTENBURG: Okay. 

(202) 234-4433 

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ADMIN. JUDGE BENKIN: Then we'll 

hear from you, 

The FAA has no business telling 

anybody to do anything except in the interests 

of safety. It's not an economic regulatory 

agency, 

So, the hypothesis I've got to go 

on in deciding whether to delay this hearing 

is to assume for the purposes of argument, as 

lawyers consistently do and some of them even 

say it in Latin, that the FAA is correct in 

its allegations. 

Now, that's just granted for the 

purpose of argument. I'm not making any 

finding that the airport is unsafe. 

What I'm making is a determination 

that it's not in the public interest to put 

this hearing off for any extended period of 

time. 

MR. ANASTASI: Your Honor, Mark 

Anastasi again. I certainly appreciate the 

clarification, 

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just in terms of the necessity, timing and the 

question of whether or not it makes any sense 

to frankly allow settlement discussions 

dependent upon Attorney Donnelly's perception 

of those discussions to proceed. 

I would note that the proposed 

order or the sanctions imposed by the FAA are 

purely monetary. There is nothing in there 

that orders us at this junction to take any 

emergency remediatory action. 

So, I would hypothesize from that 

that the FAA feels that the sanctions are 

appropriate in order to perhaps preclude 

future violations, but that they're not 

sitting concerned as we speak today that we 

need an order compelling the city to pay 

$77,000 and that somehow that was going to 

make the airport safer in terms of ongoing 

violations. 

So, I just wanted to put that out 

there. It's not a question of that we're 

(202) 234-4433 

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contesting an order to do X, Y and Z in order 

to make the airport safer. 

So, I throw that out there only 

because I don't believe that the timing of the 

hearing is necessarily being driven by a need 

to "make the airport safer." At least not in 

the short run. 

I understand the FAA's long-term 

goal and obligation to appropriately monitor, 

inspect and introduce sanctions in order to 

entice and induce operators to operate safe 

airports, but I just look at the sanctions 

sought here and it's not a pulling of a 

certificate of engaging in immediate 

construction work or otherwise bringing in 

trained personnel. 

So, again, I'm repeating myself, 

but I just wanted to point that out. Thank 

you. 

MR. DONNELLY: Judge, this is 

Attorney Donnelly, I have a couple of things 

before we conclude this hearing. 

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ADMIN. JUDGE BENKIN: Okay. The 

other subject that's on my list is settlement. 

I always encourage people to settle these 

cases basically because of two reasons. 

First of all, you avoid the 

expense of a hearing. 

The second reason is a little more 

subtle. The fact is you people have to live 

with each other and going through a contested 

hearing is not a good way for everybody to be 

good friends. 

So, you know, the FAA isn't going 

to go away and neither is Sikorsky Memorial 

Airport. So, you probably both would be well 

advised to work as hard as you can to arrive 

at a settlement. 

That having been said I don't want 

to know what your settlement positions are and 

all I want to know is if you have settled the 

case, please try and let my office know before 

they put me on an airplane and ship me up to 

Bridgeport because then it costs the taxpayers 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

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WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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a lot of money and it's all for nothing. 

All right. Mr. Donnelly, the 

floor is yours. 

MR. DONNELLY: Thank you. Judge. 

I was hoping for a chance to get a couple of 

words in. I didn't realize I was going to be 

triple teamed today. I hope we're not facing 

three attorneys at the hearing because then it 

may arguably go into at least two days. 

ADMIN. JUDGE BENKIN: A man of 

your ability can take on three or 300 

attorneys. I have every confidence in you. 

MR. DONNELLY: Thank you. Judge. 

At the outset, I would respectfully point out 

that the FAA did file a motion for a decision 

on May 11, 2010 and I would request a ruling 

on that. I believe that we're entitled to 

summary judgment and that would alleviate the 

necessity for all these resources at a 

hearing. 

ADMIN. JUDGE BENKIN: Well, from 

what I've heard, it's unlikely I can find that 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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I'll take a look at it. I haven't found it in 

my file yet. 

MR. DONNELLY: Judge, I can fax 

you another copy today. We sent it by FedEx 

and facsimile on May 11, 2010. 

ADMIN. JUDGE BENKIN: Now, yes, 

send me another copy and I'll scan the Docket 

Section's computer and see if they have it. 

MR. DONNELLY: Okay. And with 

regard to Attorney Anastasi, a couple of 

things he said I would like to respond to. 

Initially, the city according to 

him intends to show that they've rectified 

certain matters. While the FAA appreciates 

that, our expected norm for any certificate 

holder is a violation-free history. 

So, our position or response to 

that would be it appears then that this 

enforcement proceeding has had the intended 

the result of having the city rectify their 

deficiencies. 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

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Next, with regard to the runway 

and Federal grant monies rebuilding the 

runway, that's irrelevant to the present 

proceedings. A Part 139 certificate holder is 

responsible for compliance with Part 139 

including the condition of the runway with or 

without Federal grant monies. So, they should 

have the financial wherewithal themselves to 

maintain that runway. They can't just expect 

the Federal agencies to provide grant monies. 

Although, that may or may not happen. That's 

irrelevant to the present proceeding. 

This proceeding deals with an 

airport inspection and evidence proving 

violations of Part 139. 

ADMIN. JUDGE BENKIN: Okay. Is 

that it, Mr. Donnelly? 

MR. DONNELLY: One other thing, 

yes, I appreciate Attorney Anastasi trying to 

make my arguments or make the FAA's arguments 

with regard to potential for certificate 

action. 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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The fact of the matter is that if 

the FAA goes out tomorrow and inspects that 

airport and it's not in compliance with Part 

139, we reserve, of course, the right to take 

any appropriate action whether it be civil 

penalty or certificate action through a 

suspension or a revocation. 

And that's all I have. Judge. 

Thank you. 

ADMIN. JUDGE BENKIN: Okay. Well, 

this seems to be the end of our pre-hearing 

conference 

Once again, keep me apprise of 

where you are in settlement discussions. I 

think that this is a case that ought to be 

settled, but I can't force you to do that and 

if you can't, you know, I'll make a decision 

and that decision will be appealable to the 

Federal Aviation Administrator and his or her 

decision will be appealable to the appropriate 

United States Court of Appeals. 

That having been said, is there 

(202) 234-4433 

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COURT REPORTERS AND TRANSCRIBERS 

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WASHINGTON, D.C. 20005-3701 www.nealrgross.com 
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MR. KASCAK: Your Honor, Richard 

Kascak for the record. 

With regard to Mr. Donnelly's 

motion for a decision, I had filed my motion 

for reconsideration and objection to motion 

for a decision. I believe I addressed my 

issues with that within my motion for 

reconsideration and also within my disclosure 

and production responses. 

However, if Your Honor feels it 

necessary for me to respond further to the 

motion for a decision, I would be glad to do 

that 

ADMIN. JUDGE BENKIN; I think I 

understand your position, Mr. Kascak. 

MR. KASCAK: All right. And, Your 

Honor, one other thing. Just for the record, 

we had a conversation yesterday with Attorney 

Donnelly and we're preparing a settlement 

proposal. Although Attorney Donnelly stated 

that -- yes, I won't go any further. Your 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

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Honor, but we're going to be submitting a 

proposal to Attorney Donnelly today hopefully. 

So. 

ADMIN. JUDGE BENKIN: Please do it 

as soon as you can. As you know, being 

Government lawyers yourselves, he probably has 

to take any proposal to his superiors and 

solicit their views on it. So, you know, this 

thing doesn't settle like an automobile 

intersection case. A lot of people have to 

say grace over it. 

That having been said, I will 

declare this pre-hearing conference concluded 

with my thanks for your time and your 

attention. 

(Whereupon, the pre-hearing 

conference was concluded at 10:43 a.m.) 

(202) 234-4433 

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19:5 28:10,11 

Government 10:20 

34:6 

grace 34:11 

grant 10:19 31:2,7 

31:10 

granted 25:13 

granting 4:8 

guys 23:3 

H 

half 6:19 22:18,19 

happen 31:11 

happened 15:20 

hard 28:15 

hazardous 12:6 

hear 8:9 9:7 14:14 

20:21 25:2 

heard 5:14 23:15 

29:22 

hearing 3:6,17 5:19 

6:10,14,17 10:3 

11:7 13:18 15:16 

19:13 20:16 21:10 

21:18 22:8,15 

24:9 25:8,18 27:5 

27:22 28:6,10 

29:8,20 

HEARINGS 1:2 

held 3:17 8:13 

hidden 6:7 

history 13:16,17 

15:4 16:3,5 17:11 

30:17 

holder 30:17 31:4 

Honor 9:9,17,19 

11:16 12:10 13:11 

15:1,6,11,14,22 

16:11 17:2,12,16 

18:8,19,2121:4 

21:14 22:14 23:7 

24:16 25:20 33:2 

33:11,18 34:1 

hope 29:7 

hopeful 24:7 

hopefully 34:2 

hoping 29:5 

hour 22:19 

hours 22:17,18 

HOVAN 2:19 

Hyman 8:20 9:3 

14:2 19:21 20:5 

hypothesis 25:7 

hypothesize 26:12 

I 

immediate 27:14 

impose 4:9 8:10 

imposed 6:5 7:20 

26:8 

imposing 5:16 

impression 9:20,21 

improvement 

10:21 11:2 

included 21:7 

including 31:6 

incorporate 14:8 

indicate 10:3 

indicated 7:11 

17:19 

induce 27:11 

information 5:12 

6:8,10 

initial 17:20 

Initially 30:13 

injunction 22:15 

inspect 27:10 

inspection 6:18 

12:5 14:4 31:14 

inspections 11:4 

16:21 

Inspector 14:2 

19:20 

inspects 32:2 

instance 22:6,16 

instituting 8:7,17 

14:15 

intend 10:7 

intended 24:2 

30:20 

intends 30:14 

intent 10:22 22:10 

22:12 23:19 

interest 6:15 7:2 

25:17 

interested 8:18,19 

9:2 

intprpct c 9S*4 

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interrogatories 

4:16 5:21 

intersection 34:10 

introduce 27'10 lUl l WUU W s^ 1 • i.\J 

introducing 21:22 

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involving 10:16 

irrelevant 8:8 

14:1731:3,12 

Isaac 1:22 3:4 

issue5:18 6:20 7:12 

7:15,19 9:2 10:1,5 

10:8,13 12:13 

13:13 14:10 18:1 

24:15 

issued 5:10,16 

issues 30:1 33:8 

item 3:20 

items 4:2 

i.e 10:15 

J 

JOHN 2:14 

JR2:8 

judge 1:22 3:3,5 

9:14 12:2 13:8,12 

13:19,22 15:7,12 

15:17 16:4,7,13 

16:16 17:3,7,13 

18:5,10,22 19:3,5 

19:12,14,18 20:3 

20:6,9,12,17,19 

21:1,6,9,12 22:11 

22:16 23:1,11 

24:12,20 25:1 

27:20 28:1 29:4 

29:10,13,21 30:4 

30:7 31:16 32:8 

32:10 33:15 34:4 

Judges 8:12 23:2 

judgment 29:18 

judicial 19:19 

junction 26:10 

June 3:18 

jurisdiction 8:9 

K 

Kascak 2:8 7:11 

9:7,12,15,16 

11:17 13:12,21 

14:22 15:1,2,14 

15:22 16:6,11,15 

17:1,5,5,9 18:8,20 

21:2,3 33:2,3,16 

33:17 

keep 32:13 

know 28:12,18,19 

28:20 32:17 34:5 

34:8 

T 

L 

language 23:15 

Largely 22:5 

Latin 25:11 

Laurie 19:21 

Law3:5 8:12 23:2 

lawyers 25:10 34:6 

leave 6:1 9:19 11:9 

left 9:20 

lengthening 7:3 

lesser 6:11 

letter 5:1 8:15 

Uability 5:19 24:6 

lieu 8:17 

lifetime 23:4 

limits 13:18 

line 3:11 

Lisa 2:8 24:17 

list 16:2 28:2 

litigation 10:16 

little 28:7 

live 28:8 

long 10:20 20:15 

long-term 27:8 

look 16:8 18:12 

19:7 27:12 30:2 

looked 19:6 

lot 29:1 34:10 

M 

maintain 31:9 

making 23:19 

25:14,16 

man 29:10 

Manager 2:19 

manner 10:10 

Manual 14:9 

March 5:4 

Mark2:4 9:9 15:11 

17:16 23:8 25:20 

married 19:21 20:1 

20:4 

Massachusetts 

2:16 

material 19:6 30:1 

matter 3:6 6:22 

32:1 

matters 30:15 

mean 16:19 

Memorial 28:13 

methodologies 

12:17 

MICHEL 2:19 

mind 9:21 18:2 

minor 8:16 

mispronouncing 

9:15 

mode 13:13 16:12 

16:13 

monetary 13:2 

26:9 

money 29:1 

monies 10:19 31:2 

31:7,10 

monitor 27:9 

months 5:20 

morning 3:4 19:4,6 

Neal R. Gross & Co. 

202-234-4433 

Inc, 
Page 38 

motion 3:21 4:1,6,8 

4:12,13 5:7,9,12 

7:6 24:2 29:15 

33:5,5,6,8,13 

motive 8:7 

motives 8:18 

move 3:16 

moving 11:3 22:17 

name 3:4 9:15 14:3 

20:1,1,5 

necessarily 27:5 

necessary 11:4 

33:12 

necessity 26:2 

29:19 

need 8:4 10:18 19:1 

21:4 26:17 27:5 

33:1 

negotiations 11:21 

neither 28:13 

new 2:15,20 20:1 

norm 30:16 

note 26:1,7 

notice 19:19 23:13 

number 3:8 14:5 

O 

objection 4:12 33:6 

obligation 5:2 27:9 

obviously 10:1 

11:21 12:11 13:6 

21:16 22:3,6,9 

occasioned 11:14 

occur 10:5 

occurrence 10:5 

offense 6:7 

offer 19:11,13 

office 1:2 2:9,14 

28:20 

Oftentimes 22:13 

Oh 16:4 23:1 

Okay 13:21 14:21 

16:15 18:22,22 

19:14 20:5 21:6 

23:5 24:22 28:1 

30:10 31:16 32:10 

once 6:15 10:11 

12:19 32:13 

one-day 22:8 

ongoing 26:19 

open 12:13 

operate 27:11 

operators 27:11 

opposed 3:22 

order 4:4,7 5:11,16 

7:8,12,17,21 8:2,4 

10:19 12:12,21 

23:19 24:8 26:8 

26:14,17 27:1,1 

27:10 

orders 6:4 26:10 

ought 32:15 

outset 29:14 

overturn 6:1 

P 

Park 2:15 

part 12:22 21:17 

31:4,5,15 32:3 

participation 7:13 

particular 13:2 

parties 3:11,15 4:5 

6:16 10:14 21:10 

party 6:7 

party's 22:18 

Pass 20:9 

paved 10:13 

pay 26:17 

penalty 7:16,20 

8:12,17 9:4 10:9 

11:8 13:2 15:5 

16:9 18:1 22:2 

32:6 

pending 5:3 10:16 

people 18:14 28:3,8 

34:10 

perception 24:4 

26:5 

performed 14:3 

period 7:3 25:18 

permits 8:2 

permitted 6:9 

permitting 7:12 

persist 7:5 

persistent 6:2 

personnel 27:16 

piece 15:8 

place 6:18 19:22 

23:22 

plea 13:1 

pleading 7:10 

please23:12 24:17 

28:20 34:4 

point 7:9 10:6 23:8 

27:18 29:14 

pointed 12:19 

portion 10:13 

position 10:4 11:11 

14:7 30:18 33:16 

positions 28:18 

potential 31:21 

preclude 26:14 

precluded 21:22 

premature 11:22 

prepared 11:20 

19-8 

preparing 33:20 

present 2:18 7:18 

17:10 31:3,12 

presentation 7:14 

presume 16:21 

pretty 15:8 

previously 17:19 

pre-hearing 1:4 

32:11 34:13,16 

prima 14:11 

prior 16:21,21 

probably 28:14 

34:6 

problems 17:15 

procedural 6:3 

proceed 26:6 

proceeding 8:8 

30:20 31:12,13 

proceedings 19:22 

31:4 

process 21:19 

processes 10:15 

produce 13:6 

production 4:17 

r 

33:10 

prompt 10:10 

proof 12:15 

proposal 33:21 

34:2,7 

proposed 26:7 

prove 17:14,14 

provide 31:10 

proving 31:14 

public 7:1,1 11:12 

14:17 24:4 25:17 

pulling 27:13 

purchase 3:12 

purely 26:9 

purpose 3:14 25:14 

purposes 25:9 

pussycats 23:3 

put4:3 14:11 25:17 

26:21 28:21 

P-R-0-C-E-E-D-... 

3:1 

0 

question 8:20 

14:19 16:16 17:8 

20:14 26:3,22 

quicker 6:22 

R 

R2:8,14 

raised 23:9 

rapidly 17:15 

reacted 11:11 

reaction 12:17 

read 3:22 

readiness 3:16 

reading 12:12 16:1 

reads 4:5 

ready 20:8 

realize 29:6 

reason 7:21 28:7 

reasoning 15:9 

reasons 7:6 28:4 

rebuilding 31:2 

receipt 5:21 

received 5:5 

recognizing 21:20 

reconsider 3:21 4:7 

7:7,21 

reconsideration 

33:6,9 

record 4:14 11:10 

13:115:2 17:6 

24:10 33:3,18 

recorded 3:10 

records 16:20,20 

rectified 10:10,12 

30:14 

rectify 30:21 

reference 14:8 16:3 

regard 3:16 30:11 

31:1,2133:4 

regards 11:4 

Region 2:22 

Regional 2:14 

regulation 19:10 

regulations 9:1 

14:6,8,12 

regulatory 25:5 

rplatpH 1 A'A 

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relationships 24:5 

relevant 6:9 10:8 

12:7 17:22 

relocate 10:18 

remediation 12:20 

17:22 22:1 

remediatory 26:11 

render 12:6 

repair 22:1 

repeating 27:17 

reply 4:21 

reported 8:20,22 

reporter 3:11 

reprimand 8:16 

request 5:8,22 

29:16 

requests4:ll,16,17 

4:20 

reserve 32:4 

resolved 6:22 22:4 

resources 29:19 

respect 7:22 8:4 

12:1122:1 

respectfully 23:21 

29:14 

Neal R. Gross & Co. 

202-234-4433 

Inc, 
Page 3 9 

respond 4:10 5:3 

22:19 30:12 33:12 

respondent 1:8 2:2 

4:6,10,18,19,21 

5:1,9,11,22 6:13 

19:16 

Respondent's 7:13 

12:16 

response 5:4,4 

17:20 20:7 30:18 

responses 33:10 

responsible 31:5 

result 5:6 6:17 

30:21 

retry 16:18 

revocation 32:7 

Richard 2:8 15:2 

17:5 33:2 

right 8:14 29:2 

3?-4 33-17 

rightly 12:16 

roadway 10:18 

ruled 18:11 

rules 6:3 

ruling4:l,3 12:4 

13:7,16 22:20 

23:15 24:129:16 

run 27:7 

runway 10:14 31:1 

31:3,6,9 

ruts 15:19 

R-A-G-O-N-A-S 

20:2 

S 

safe 27:11 

safer 26:19 27:2,6 

safety 2:19 14:17 

25:5 

sanction 5:17 6:1,5 

6:12 8:11,16 12:8 

12:14,16 

sanctions 4:9 8:10 

19:1126:8,13 

27:10,12 

saw 8:20,21 

saying 12:3 

scan 30:8 

scenario 22:22 

scott 6:1 

second 28 7 

Section's 309 

see 30:9 

send 19:15 30:8 

sense 26:3 

sent 30:5 

served 4:4,15 

settle 28:3 34:9 

settled 28:19 32:16 

settlement 11:21 

26:4 28:2,16,18 

32:14 33:20 

ship 28:21 

short 27:7 

show 10:7 16:20 

30:14 

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signed 7:10 

Sikorsky 7:4 28:13 

simply 11:8 12:10 

21:20 22:20 23:18 

single 10:12 

sir 18:6 

sitting 26:16 

situation 11:12 

smart 15:13 

solicit 34:8 

soon 18:15 34:5 

sorry 9:14 18:8 

20:3,20 

sort 12-20 13-1 

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sought 5:12 27:13 

speak 12:1 26:16 

specifically 7:12,17 

12:4 

spell 15:9 

spoke 23:16 

stand 3:16 

Standards 2:20 

start 20:15 

stated 33:21 

statement 17:21 

States 32:21 

status 11:20 

stay 3:11 

stenographically 

3:10 

Stratford 10:17,19 

Street 2:5,10 

subject 10:15 11:7 

13:9 28:2 

submit 5:12 19:13 

submitted 19:7 

submitting 5:18 

34:1 

subtle 28:8 

suggested 6:13 

summary 29:18 

superiors 34:7 

suppose 15:4 

sure 19:15 22:21 

suspension 32:7 

sweeping 11:4 

T 

T2:4 

take 3:21 19:18 

26:10 29:1130:2 

32:4 34:7 

talk 19:1 

taxpayers 28:22 

teamed 29:7 

teleconference 1:16 

tell 8:14 15:18 

22:16 

teUing 14:22 25:3 

tendered 8:3 

term 10:21 

terms 11:7,17 

23:16 24:4 26:2 

26:19 

testimony 19:20 

Thank 13:10 18:7 

18:18,20 27:18 

29:4,13 32:9 

thanks 34:14 

thing 8:5 15:3 19:9 

31:18 33:18 34:9 

things 8:21 16:8 

18:12 20:7 27:21 

30:12 

think 6:11 10:14 

11:22 21:10 22:10 

23:21 24:1 32:15 

33:15 

third 9:2 

thought 20:4 21:7 

21:13 

three 5:20 29:8,11 

throw 27:3 

Thursday 1:11 

time8:14 11:18 

25:19 34:14 

timely 10:10 

timing 26:2 27:4 

today 11:20 13:16 

26:16 29:7 30:5 

34:2 

tomorrow 32:2 

totally 8:8 

Town 10:16,18 

Trachtenburg 2:8 

24:16,17,21,22 

trained 18:15 

27:16 

training 18:17 

transcript 3:12 

TRANSPORTA... 

1:1 

triple 29:7 

try 14:18,19 17:8 

28:20 

trying 31:19 

two 14:5 21:19 

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U 

uncloak 6:9 

understand 11:6 

12:3,9,19 14:2,21 

15:13 27:8 33:16 

understanding 

13:15 17:18 21:21 

unilateral 11:14 

United 32:21 

unsafe 6:21 7:4 

9:22 12:6 23:17 

24:11,1525:15 

un-responded 9:19 

11:9 

U.S1:1 

V 

view 8:6 

views 34:8 

violated 14:12 

violation 8:22 14:6 

14:20 16:17 17:11 

violations 10:4 

16:3,5,22 26:15 

26:20 31:15 

violation-free 

30:17 

W 

walking 22:21 

want 3:12,20 7:9 

8:1,5 9:18 10:7 

11:9 12:22 15:18 

11/ 1 1 '^ T ^ C\ 

17:4,13 22:9 

23:18 28:17,19 

wanted 10:3 22:20 

26:21 27:18 

wants 5:22 

warning 6:6 

wasn't 22:12 

way 28:10 

went 4:20 

weren't 22:21 

we'114:2 19:12 22:7 

25:1 

we're 10:22 13:22 

14:14,18,19 16:18 

17:7 21:2122:14 

26:22 29:7,17 

33:20 34:1 

wherewithal 31:8 

wishes 8:10 

witness 16:2 

witnesses 7:14 8:3 

words 29:6 

work 27:15 28:15 

worth 26:1 

wouldn't 16:12 

22:9 

written 4:4 8:15 

Neal R. Gross & Co., Inc. 

202-234-4433 
23:14 

wrong 13:5 21:8 

23:14 

wrote4:22 23:16 

X27:l 

Y27:l 

year 6:19 

yesterday 33:19 

Z27:l 

1)1:5,9 

X 

$77,00026:18 

0 

01803-5299 2:16 

06604-43282:5,10 

10th 3:18 

10:00 1:14 

10:04 3.2 

10:43 34:17 

1129:16 30:6 

12 2:15 4:18 

139 31:4,5,15 32:4 

155:10 

2nd 2:5,10 

20086:18 

20101:12 4:8,18 

5:4,10,13,15 

29:16 30:6 

203 2:6,6 

238-7045 2:17 

265:13 

27 1:12 

295:4,15 7:17 

29th 4:8 

30-day 4:19 

30029:11 

576-8082 2:6 

576-8252 2:6 

7812:17 

9992:5,10 

Pag e 40 

L 

Nea l R. Gross & Co. 

202-234-443 3 

I n c 
41 

CERTIFICATE 

This is to certify that the foregoing transcript 

in the matter of: City of Bridgeport, Connecticut 

Before Isaac D. Benkin, ALJ 

Date : May 27, 2010 

Place Via teleconference 

represents the full and complete proceedings of the 

aforementioned matter, as reported and reduced to 

typewriting. 

EM^ViKMxM^ 

Eric Mollen 

(202) 234-4433 

NEAL R. GROSS 

COURT REPORTERS AND TRANSCRIBERS 

1323 RHODE ISLAND AVE., N.W. 

WASHINGTON, D.C. 20005-3701 www.nealrgross.com