CONTROLLER KEPT JOB AFTER ARREST

FAA Tried To Fire McCarran Worker

An air traffic controller accused by police of being under the influence
while on the job at McCarran International Airport has continued working
there despite his 1998 arrest, according to court documents and the Federal
Aviation Administration.

The Review-Journal has confirmed that the FAA tried to fire George P.
Paton, 44, but he retained his job after the federal government's
equivalent of an arbitration hearing.

The FAA will release few details on the matter and has said that since
Paton's arrest, the controller has been an excellent employee.

According to FAA policy, any employee who holds a safety-related position
and who has a substance abuse problem "puts their job in jeopardy." Any
such FAA employee proved to be under the influence of drugs or alcohol
while on the job will be terminated, according to the agency's conduct and
discipline guidelines.

Police said that when he was arrested at McCarran, Paton acknowledged using
marijuana the previous evening. Paton has disputed police contentions that
he was under the influence while on the job.

Paton did not respond to a request for comment for this story. The request
was made through his supervisors at McCarran.

Court documents do not disclose whether Paton was tested for drugs or
alcohol after his arrest on an under-the-influence charge.

Also, Paton was charged with battery domestic violence in connection with a
call police received from a woman the evening before his arrest.

Both charges were dismissed in court proceedings. Paton was ordered to
participate in substance abuse rehabilitation under the guidance of the
FAA, and he volunteered to pay a $360 donation to Big Brothers-Big Sisters.

Bob Noble, the local representative for the National Air Traffic
Controllers Association union, declined to comment on the Paton case.

David Marino, who is in charge of all air traffic control facilities in
Nevada, also declined to comment and said the matter is a personnel issue.

The controversy began in February 1998 when Las Vegas police were called to
an apartment at Paradise Road near Flamingo Road. A woman told police that
she had been involved in a domestic dispute with Paton and that he had left
for work at McCarran.

According to police reports, officers went to McCarran, where Paton was
located in the air traffic control tower.

"As he walked off the scope, he was unsteady as I was talking to him," Las
Vegas police Lt. Tom Monahan said.

Paton was escorted to a police substation to be questioned about the
domestic violence allegation.

Monahan, who was a supervisor of the airport's police substation at the
time, came to the conclusion during the questioning that Paton was under
the influence of marijuana.

"As I was talking to him, he had to lean against a desk to steady himself,"
Monahan said.

Reports on the incident written by another officer noted that Paton's eyes
were red and watery and that his speech was slurred.

According to the police reports, Paton told police he had smoked some
marijuana and had been drinking the previous evening.

Monahan said he was called as a witness during an arbitration hearing.
Based on what he witnessed at the proceedings, he said he was under the
impression that the FAA was required to keep Paton on staff.

"I think that the FAA was vigorously trying to have him terminated, but the
contract mandated that they have intermediate steps of rehabilitation,"
Monahan said.

In April, the Review-Journal filed a Freedom of Information Act request
with the FAA and sought all documents relating to the agency's inquiry.

In mid-June, the FAA denied the request and said any release of details
would violate Paton's privacy.

But according to court filings in Justice Court, it appears Paton made
amends with the federal agency by participating in the FAA's employee
assistance program.

Paton, according to the documents, was subject to intense drug testing and
required to attend an extensive amount of counseling before he was allowed
to return to work.

"I can certainly say that during the time he has been back at his job, he
has done a good job and that everyone is satisfied with his performance,"
said Jerry Snyder, a public affairs officer with the FAA's Western-Pacific
Region.

Snyder said that in general, the FAA does not condone any form of substance
abuse by employees, especially in safety-sensitive positions.

But he said the agency does support the position that "there are effective
treatments for those that have a problem."

Richard Burgess, a Dallas-based aviation expert who performs consulting
work on air traffic control matters, said air traffic controllers are held
to a higher standard than the public when it comes to substance abuse.

"They have to be clear-headed at all times," Burgess said.

Todd Curtis, an aviation safety author and founder of the Web site
AirSafe.com, agreed. At any given time, a wrong decision by a controller
could cause disaster.

But Burgess and Curtis said that there is room for sympathy in the industry
when it comes to substance abuse.

"As an (air traffic control) manager for 22 years, I know you don't always
write someone off completely if they made a mistake," Burgess said. "There
are times when people can make amends."

Curtis noted a 1990 case in which a Northwest pilot and two crew members
were convicted of flying a commercial airliner while intoxicated and
sentenced to short prison terms.

Curtis said at least one of those individuals since has retained a
commercial piloting job.

"There are opportunities for people to turn themselves around," Curtis said.