E ECUTIVE 

FL!TEWAVS 

ONE CLARK DRIVE, RONKONKOMA, NY 11779 

(631) 588-3480 ext. 128 fax: (631) 588-5527 

May 23, 2014 

Federal Aviation administration 

800 Independence Ave., S.W. 

Wilbur Wright Building- Suite 2W1 000 

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 Penalty Action) 

FAA CASE NO. 2012S095037 

RECEIVED 

MAY 2 9 2014 

HEARING DOCKET 

RESPONSE TO COMPLAINANT'S REQUEST FOR DISCOVERY AND PRODUCTION 

OF DOCUMENTS 

Interrogatories: 

1. EFI plans on calling the following individual as a witness: 

Kenneth S. Gray 

Director of Operations 

Executive Fliteways, Inc. 

1 Clark Drive 

Ronkonkoma, NY 1779 

2. In addition to serving as the Director of Operations (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 for the past 10 years, and the DER for the past 15 years. 

In regards to Item 4 of the FAA Complaint, he will testify to the fact that prior to the most 

recent audit of August 2012, EFI had been subjected to three prior audits. None of the 

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 prior to 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 maintenance technicians. 

Page 1 
In regards to Item 4 of the FAA Complaint, he will testify that each of the 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 of DOT regulations. 

In regards to Item 3 of the FAA Complaint, he will also testify that Mr. Parra's enrollment 

form was faxed to N.A.D.E. in a timely manner for 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 testify that the 18 months between his pre-employment test 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 of these persons in the testing program was an effort to comply with the spirit 

of the law and shoul<;l be evidence to the importance that EFI places on providing a drug 

and alcohol free work environment. 

Requests for Production of Documents 

In response to Item 4 of the FAA Complaint, EFI has sent a copy of the 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 of the 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 of the self-disclosure letter to the FAA pertaining 

to the omission of Mr. Parra from the random testing pool. 

EFI is also providing the current curriculum vitae for Mr. Gray. 

Page 2 
Respectfully submitted, 

ray, Director of Operations 

Executive Fliteways, Inc. 

Date: May 23, 2014 

Attachments: 

1) Document in support of Item 3 of the FAA Complaint Kenneth S. Gray 

2) EFI Self Disclosure letter to FAA. 

3) Curriculum Vitae for Mr. Kenneth S. Gray 

Page 3 
CERTIFICATE OF SERVICE 

I hereby certify that I delivered by U.S. Certified Mail the original and one copy of the 

foregoing Response to the Request for Discovery and Production of Documents in In the Matter 

of Executive Fliteways, Inc, FAA Docket No. F AA-2013-1 085, Case No. 2012S0950377, to: 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Wilbur Wright Building-Suite 2Wl000 

Washington, D.C. 20591 

ATTN: Hearing Docket Clerk, AGC-430 

In addition, I hereby certify that I served a copy of the same by U.S. Certified Mail, 

return receipt requested, addressed to the following: 

Mr. Michael F. McKinley 

Senior Attorney 

Office of the Chief Counsel 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Hon. J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Date: May 23,2014 
Attachment 1 

E ECUTIVE 

FL!TEWAVS 

13 August 2012 

Inspector Theodore Burzynski 

Federal Aviation Administration 

FSD0-11 

7150 Republic Airport- Suite 235 

Farmingdale, NY 11735 

Dear Inspector Burzynski: 

1 CLARK DRIVE, RONKONKOMA, NY 11779 

(631) 588-5454 fax: 588-5527 

This letter constitutes a self-disclosure of an error I discovered in preparation for an FAA 

audit of the Executive Fliteways, Inc. Anti-drug and Alcohol Misuse Prevention Program. 

I reviewed the current list of covered 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 of a "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 of all covered 

employees each time an employee has been added. The name will be highlighted and 

the date of enrollment verified to be accurate. 

Your attention to this important matter is appreciated. 

Regards, 

Kenneth S. Gray, Director of Operations 

Executive Fliteways, Inc. 

Attached: Section XXIII of the EFI Administration Manual 
E ECUTIVE 

FL!TEWAVS 

ADMINISTRATION MANUAL 

Designated Employee 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 kept for five 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 a walk-in d':nic. 

Give pre-employment testing package to 

applicant to accomplish testing. 

• Notification of testing form, printed map and 

directions to clinic, donor ·:nstruction sheet. 

B) After EFI DER receives MRO's verified 

negative result, hiring may continue. 

Get the new hire to fill out the NADE 

Employee Enrollment Form. The form is then 

used as a guide to 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 of all current employees. 

Print out the report and highlight the name of 

the added employee to ensure enrollment 

into the 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 appropriate time frame, 

usually within selected month. 

Bring selectee to office and present them with 

the Notification of Testing sheet. 

Have selectee sign, date, and timestamp the 

form. 

Selectee reports to clinic and gets 

appropriate tests. 

Selectee returns Notification of Testing 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 for all tests taken. 

Enter Date and Time employee returned from 

clinic on Random Selection Testing Log. 

Check off Tests Completed on Random 

Selection Testing Log. 

Attach copies of Donor sheets for tests taken. 

When employer copies of COC forms are 

received in mail, replace the Donor copies 

and properly annotate the Random Selection 

Testing Log that COC was received. 

After all items are accomplished, DER initials 

line entry in space provided indicating completion of 

all required items. 
E ECUTIVE 

FL!TEWAVS Director of Operation's Office 

Date: 05/23/2014 

To: Personnel 

From: Ken Gray, Director of Operat'lons 

Re: Document in support of Item 3 of the 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 of each Random Alcohol or Drug 

test that was 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 of his omission from the random testing pool. 

Attachment 2 
PERSONAL 

EDUCATION 

CERTIFICATES 

FLIGHT TIME 

EMPLOYMENT 

REFERENCES: 

KENNETH S. GRAY 

175 W. 73rd St. Apt.4J 

New York, NY 10023 

212-496-1390 kgray@fiy-efi.com 

Date of Birth - December 23, 1954, Height- 67" 

Weight - 155, Marital Status - Married 

Health - Excellent/Non - Smoker 

Medical - First Class 

The Dwight School, New York, NY- 1973 

Bachelor of Arts in Economics 

University of Vermont, Burlington, VT- 1979 

Airline Transport Pilot 

Learjet 35 Type Rating 

Falcon 50 Type Rating 

Gulfstream 1159 Type Rating 

Gulfstream IV Type Rating 

Gulfstream GV Type Rating 

Total Time 8900 

Pilot in Command 7300 

Multi-Engine 7900 

Turb1ne 7800 

Jet 6800 

July 1991 - Present 

Executive Fliteways, Inc. 

Ronkonkoma, NY 

Director of Operations 

Designated Employee Representative 

G-V Check Airman 

Accomplishments: 

Achieved ISBAO certification 2004 

Achieved ACSF SMS certification 2009 (level II) 

Instituted "Management by Objectives" 

Served as Director of Operations 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