# E ECUTIVE FL!TEWAVS ONECLARKDRIVE, RONKONKOMA, NY 11779 (631) 588-3480 ext. 128 fax: (631) 588-5527



### May23, 2014 Federal Aviation administration 800 IndependenceAve., S.W. WilburWright Building- Suite 2W1000 Washington, D.C. 20591 Attn: Docket Clerk, AGC-430
IN THE MATTER OF EXECUTIVE FLITEWAYS, INC. (EFI)

FAA DOCKET NO. FAA-2=13-1085 (Civil PenaltyAction)
FAA CASE NO. 2012S095037 

# RECEIVED
MAY 2 92014 

# HEARING DOCKET

RESPONSE TO COMPLAINANT'S REQUEST FOR DISCOVERYAND PRODUCTION OF DOCUMENTS Interrogatories:


### 1. EFI plans on calling thefollowing individual as a witness: Kenneth S. Gray DirectorofOperations Executive Fliteways, Inc. 1Clark Drive Ronkonkoma, NY 1779
2. In addition to serving as the DirectorofOperations (DO) or EFI, Mr. Gray also serves as the current Designated Employee Representative (DER) for the Anti-Drug and AntiAlcohol testing program. He has been employed by EFI for 23 years and has served as the DO forthe past 10 years, and the DER forthe past 15 years. In regards to Item 4 ofthe FAA Complaint, he will testify to the fact that priorto the most recent audit of August 2012, EFI had been subjected to three prior audits. None ofthe previous auditors checked to see if prior drug testing records had been obtained from new hire previous employers nor stated that this was a DOT requirement. He will testify that priorto 2012, EFI had not received a single request for drug and alcohol records of any former EFI employees subsequently hired by FAR Part 135, Part 121, Part 145 employers. Additionally, no records request was received form the Long Island Railroad which had hired two EFI maintenancetechnicians.

Page 1

### In regards to Item 4 ofthe FAA Complaint, he will testify that each ofthe maintenance technicians named in the complaint were subjected to a Criminal History Background Check and a Check of the National Driver's Registry to determine if each had any history of illegal drug usage or driving violations involving alcohol or drug usage. The purpose of this testimony is to highlight EFI's determination to provide a drug-free and alcohol free work environment and that the failure to obtain the employee records was not an intentional violation ofDOT regulations.
In regards to Item 3 ofthe FAA Complaint, he will also testify that Mr. Parra's enrollment form was faxed to N.A.D.E. in a timely mannerfor inclusion in the random testing pool. He will testify that through some oversight, Mr. Parra was not entered into the pool, but at all times was under the assumption that he could be subjected to a random drug or alcohol test. He will testifythatthe 18 months between his pre-employmenttest and the discovery of his omission from the random testing pool was not extraordinary. He will testify that immediately upon discovery of the omission, a letter was sent to the FAA disclosing the violation and that Mr. Parra was immediately sent for a drug test which came back negative.
In regards to Item 5 for the FAA Complaint, Mr. Gray will testify that the Non-Safety Sensitive persons included in the testing program had unrestricted access to EFI aircraft, were authorized to energize aircraft electrical systems and cabin equipment and were authorized to participate in aircraft towing operations. He will testify that the inclusion ofthese persons in the testing program was an effort to comply with the spirit ofthe law and shoul<;l be evidence to the importance that EFI places on providing adrug and alcohol free work environment. Requests for Production ofDocuments


### In response to Item 4 ofthe FAA Complaint, EFI has sent a copy ofthe Justifacts report including a Criminal History background check and a National Driver's Registry check for each of the technicians named in the complaint. This was sent under separate cover. In response to Item 3 ofthe FAA Complaint, EFI has submitted under separate cover a written statement form Mr. Leon Parra indicating that he was unaware of his exclusion from the random testing program. Included with this response, EFI is submitting a report showing that of the 12 safetysensitive employees hired since October of 2010, five have not been subjected to a subsequent random drug or alcohol test. Therefore, it would not be unreasonable for Mr. Parra to believe that he was included in the random testing pool.
Included with this response is a copy ofthe self-disclosure letter to the FAA pertaining to the omission ofMr. Parra from the random testing pool.
EFI is also providing the current curriculum vitae for Mr. Gray.

Page 2Respectfully submitted,

ray, Director ofOperations Executive Fliteways, Inc.
Date: May23, 2014
Attachments: 1) Document in support of Item 3 ofthe FAA Complaint Kenneth S. Gray 2) EFI Self Disclosure letterto FAA. 3) Curriculum Vitae for Mr. Kenneth S. Gray

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### CERTIFICATE OFSERVICE



### IherebycertifythatI deliveredbyU.S. CertifiedMailtheoriginalandone copyofthe foregoing Responsetothe Requestfor DiscoveryandProductionofDocuments inIn theMatter of Executive Fliteways, Inc, FAADocketNo. FAA-2013-1085, CaseNo. 2012S0950377,to:
FederalAviationAdministration 800 IndependenceAve., S.W. WilburWrightBuilding-Suite2Wl000 Washington, D.C. 20591 ATTN: HearingDocketClerk,AGC-430
Inaddition, IherebycertifythatI served acopyofthe samebyU.S. CertifiedMail, returnreceiptrequested, addressedto the following:
Mr. Michael F. McKinley SeniorAttorney Office ofthe ChiefCounsel 800 IndependenceAvenue, S.W. Washington, DC 20591

Hon.J.E. Sullivan AdministrativeLawJudge OfficeofHearings, M-20 U.S. DepartmentofTransportation 1200NewJerseyAvenue, S.E. (Ell-310) Washington,DC 20590

Date: May 23,2014Attachment 1 

# E ECUTIVE FL!TEWAVS

13 August 2012 InspectorTheodore Burzynski Federal Aviation Administration FSD0-11 7150 Republic Airport- Suite 235 Farmingdale, NY 11735 Dear Inspector Burzynski: 1 CLARKDRIVE, RONKONKOMA, NY 11779 (631) 588-5454 fax: 588-5527

This letter constitutes aself-disclosure ofan error I discovered in preparation for an FAA audit ofthe Executive Fliteways, Inc. Anti-drug and Alcohol Misuse Prevention Program. I reviewed the current list ofcovered employees and discovered that Mr. Leon Parra, a maintenance technician is not represented.
Mr. Parra had previously been employed at EFI and terminated his position in 2002 at which time he was removed from the active l"1st of covered employees. Mr. Parra applied for reinstatement and was sent for a pre-employment drug test on January 6, 2011. Upon receipt ofa "negative" result, he was hired on January 10, 2011.
Mr. John Heide faxed the enrollment form to N.A.D.E., but for some reason, Mr. Parra's name was not entered into the current list of covered employees. I have removed Mr. Parra from safety-sensitive work and sent him for another pre-employment drug test. Mr. Parra will not perform any safety sensitive work until such time that I receive a "negative" test result.
To prevent a recurrence of this situation, I have revised the DER section of the EFI Administration Manual. It now requires the DER to run a "current" listing ofall covered employees each time an employee has been added. The name will be highlighted and the date ofenrollmentverified to be accurate. Yourattention to this important matter is appreciated.

Regards, Kenneth S. Gray, Director ofOperations Executive Fliteways, Inc.
Attached: Section XXIII ofthe EFI Administration Manual

# E ECUTIVE FL!TEWAVS ADMINISTRATIONMANUAL DesignatedEmployee Representative SECTION. PAGE: XXIII 1 09-15-12

XXIII. Designated Employer Representative (DER)

a) General: Pilot and mechanic applicants must be given a pre-employment drug test and verified negative results must be received and on file prior to being hired by Executive Fliteways. Enrollment in NADE is not necessary for the pre-employment test to be accomplished. Additionally, preemployment interview questions must be accomplished prior to testing and kept in personnel folder, if applicable. All pre-employment drug testing will be keptforfive years for pilots, two years for all other employees.

A) ·Schedule pre-employment drug test with applicant. Clinic is DocCare, 1 Kings Hwy, Hauppauge NY. This is awalk-in d':nic. Give pre-employment testing package to applicantto accomplish testing.
• Notification oftesting form, printed map and directionsto clinic, donor ·:nstruction sheet.

B) After EFI DER receives MRO's verified negative result, hiring maycontinue. Get the new hire to fill out the NADE Employee Enrollment Form. The form is then used as aguideto ADD the new employee to the roster at the NADE online enrollment location**(~§.gruqtest.co:n).** Username for logging in to system is 'exekgray' and password is '*********'. Click on Employee Management Select 'Add' to add new employee into system, entering all applicable data. Go to employee management and run a report ofall current employees. Print out the report and highlight the name of the added employee to ensure enrollment intothe random testing pool. Establish a Safety Sensitive employee folder for all employee drug/alcohol testing documentation.

Revision: 9, 09-15-2012 XXIII-1 DATE:

C) Administer random drug and alcohol tests when required. Periodically, NADE sends email notice to DER with random selections listed. DER must ensure employees selected get tested within the appropriate time frame as spelled out in the notification email. All random drug and alcohol testing documents will be kept for five years for all personnel. When periodic testing notice is received, the follow procedures will ensure timely and accurate testing and documentation of random tests. Transcribe employee name, date selected and testing deadline onto EFI Notification of Testing Cover sheet and onto Random Selection Testing Log. Notify selectee during appropriatetimeframe, usuallywithin selected month. Bring selectee to office and presentthem with the Notification ofTesting sheet. Have selectee sign, date, and timestamp the form. Selectee reports to clinic and gets appropriate tests. Selectee returns Notification ofTesting sheet to DER. Verify that Clinic Technician properly signed, dated, time stamped the Notification of Testing sheet in the space provided. Make copies of the selectees Chain of Custody (COG) sheets forall teststaken. Enter Date and Time employee returned from clinic on Random Selection Testing Log. Check off Tests Completed on Random Selection Testing Log. Attach copies ofDonor sheetsfortests taken. When employer copies of COC forms are

received in mail, replace the Donor copies and properly annotate the Random Selection Testing Log that COCwas received. After all items are accomplished, DER initials line entry in space provided indicating completion of all required items.

# E ECUTIVE FL!TEWAVS DirectorofOperation's Office

Date: 05/23/2014 To: Personnel From: Ken Gray, DirectorofOperat'lons Re: Document in support of Item 3 ofthe FAA complaint
The following Safety-Sensitive employees have been hired as of 10-10-2012. Each person has their hire date listed and subsequent dates ofeach Random Alcohol or Drug test thatwas administered:
NAME Date of Hire Random Test Dates R. Lutz 10/15/2010 02/001/2011 09/01/2013 05/01/2014 K. Clifford 01/17/2011 08/01/2013 

### A. Pujado 05/13/2011 none D. Freeman 09/22/2011 none B. Champagne 11/21/2011 03/01/2012 04/01/2013 P. Schouwenaars 01/09/2012 none E. Mejia 02/01/2012 07/01/2012 M. Martinez 06/11/2012 none J. Carmen 10/09/2012 12/01/2013 J. Lorenzo 10/19/2012 06/01/2013 T. Durant 11/19/2012 10/01/2013 M. Dukich 02/21/2013 none Based on the information above, it is not unreasonable for Mr. Leon Parra to believe that he was included in the random testing pool even though 18 months elapsed between his hire date and the discovery ofhis omission from the random testing pool.

Attachment 2PERSONAL

EDUCATION

CERTIFICATES

FLIGHTTIME

EMPLOYMENT

REFERENCES: KENNETH S. GRAY

175W. 73rd St. Apt.4J NewYork, NY 10023 212-496-1390 kgray@fiy-efi.com Date ofBirth

- December23, 1954, Height- 67" Weight

- 155, Marital Status

- Married Health

- Excellent/Non

- Smoker Medical

- First Class The Dwight School, NewYork, NY- 1973 Bachelor ofArts in Economics University ofVermont, Burlington, VT- 1979 Airline Transport Pilot Learjet35 Type Rating Falcon 50 Type Rating Gulfstream 1159Type Rating Gulfstream IVType Rating Gulfstream GVType Rating Total Time 8900 Pilot in Command 7300 Multi-Engine 7900 Turb1ne 7800 Jet 6800 July 1991

- Present Executive Fliteways, Inc. Ronkonkoma, NY DirectorofOperations Designated Employee Representative G-VCheckAirman Accomplishments: Achieved ISBAO certification 2004 Achieved ACSF SMS certification 2009 (level II) Instituted "Management by Objectives" Served as DirectorofOperations since 2000 Served as Chief Pilot 1996

- 2000 March 1990-July 1991 American Flyers, Islip, NY Senior Instructor Pilot June 1977 -October 1989 Field Supervisor Perry Restaurant Group, Shelburne, VT Available on Request

Attachment 3