Page 71: of Marine News Magazine (November 2011)

www.marinelink.com MN71not be retracted, he now worked closely with his own defense attorney to draft a less emotionally-chargedCG-2692 Report in which his culpa- bility for the collision was much lesspronounced. Obviously, this Marine Casualty Report (2692) was seen as useful to his employer who now wanted him to provide a deposition to bolster its defense position in the$3M suit for damages brought by the tanker company. After receiving a hold harmless and indemnity agree- ment from his company, the towboat master agreed to be deposed in the civil suit (with his own attorney in attendance) almost eight months afterthe collision.Having deposited his license with the Coast Guard following the inci- dent, the master was simultaneouslycontesting his proposed 12-month license suspension proposal in Administrative Court. And, as addi- tional facts leading to the incidentbegan to emerge and shared blame for the collision became part of the con- versation, his license defense attorney and the Coast Guard began to discuss a much less severe sanction against his license in the form of a Settlement Agreement and Entry of Consent Order. In that agreement, the 12- month license suspension was takenoff the table and replaced with a one- month outright suspension followed by a 6-month suspension remitted on a 12-month probationary period. In addition, it was agreed that the tow- boat master complete a Navigational RuIes refresher course during the 1- month period of suspension and sendevidence of successful completion tothe U.S.C.G.?s Investigating Officer. SILENCEIS GOLDENSadly, the reduced penalty, or even something less severe, might have MN#11 (66-81):MN 2011 Layouts 10/31/2011 11:22 AM Page 71