07/05/02 11:31 C J ROBERSON 

UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

UNITED STATES COAST GUARD 

Complainant 

vs. 

HAROLD G. WALSH, III, 

Respondent 

Docket Nwnber CG S&R 02·0125 

CG Case No. 1603367 

DECISION AND ORDER 

Issued: July 3, 2002 

Presiding: Hon. Parten L. McKenna, Administrative Law Judge 

141007/008 

All parties having jointly moved, by written motion dated June 28, 2002, and filed 

with the Administrative Law Judge on July 1, 2002, pursuant to 33 C.P.R. §20.502, for the 

approval of and entry of an agreed decision and order in this case, and the parties having 

stipulated and agreed to the below facts, the Administrative Law Judge makes the following 

findings of facts and conclusions of law: 

1. Respondent Harold G. Walsh, III, ("Walsh"), at all material times, is and 

was the holderofU.S. Coast Guard Master1

S License No. 038881. 

2. Walsh, at all material times, is and was a resident of Haleiwa, Hawaii. 
07/05/02 11: 31 C J ROBERSON f4l 006/008 

3. On February 8, 2002, and prior thereto, Walsh was employed by Matson 

Navigation Company, ("Matson"), and served as Chief Mate aboard its inspected vessel, SS 

LIHUE, as required by law. 

4. On February 8, 2002, SS LIHUE was moored at Berth 207, Los Angeles 

Harbor. 

5. On February 25, 2002 the USCG Marine Safety Office, Honolulu, filed 

and properly served a complaint against Walsh under 46 U.S.C. §7703, which alleged that 

Walsh, on February 8, 2002, violated 33 C.F.R. §95.045 aboard SS LIHUE, by virtue of the 

allegations: (a) that Walsh was directed to submit to a reasonable cause breath alcohol test 

pursuant to 33 C.P.R. §95.035, and (b) that, pursuant to that test, the alcohol concentration in 

Walsh1S blood was in excess of0.04 percent, an alleged violation of 33 C.F.R. §95.045. 

6. On March 21, 2002, Walsh filed and served a written answer to the above 

charges, in which he denied all material allegations related to the February 25, 2002 charge of 

violation of regulation, alleged forty-four (44) affinnative defenses, of fact or law, twenty (20) of 

which alleged that the alcohol breath test given Walsh on February 8, 2002 failed to comply with 

thirteen (13) breath test regulations in 49 C.F.R. part 40. 

7. On April 29, 2002, the Coast Guard moved to amend the February 25, 

2002 charge against Walsh by deleting it and substituting two (2) charges: (a) alleged 

misconduct on February 8, 2002 by Walsh while ashore under 46 C.P.R. .§5.27, by virtue of the 

claim that he made decisions and gave orders to Matson Terminal's Night Superintendent while 

intoxicated, by observation of the Night Superintendent during phone conversations with Walsh, 

and (b) alleged violation of 33 C.F.R. §95.045 on February 8, 2002 by virtue of Walsh's being 

2 
07/05/02 11:31 C J ROBERSON l4l 005/008 

aboard SS LIHUE while intoxicated, by observation of the Master and Chief Engineer of that 

vessel. 

8. On May 17, 2002, Walsh, by written answer, denied all material 

allegations of the April 29, 2002 Coast Guard charges, and alleged twenty-five (25) affirmative 

defenses of fact or law to the charge of misconduct, and twenty-six (26) affirmative defenses of 

fact or law to ilhe charge of violation of regulation. 

9. On June 14, 2002, Walsh filed a Motion to Dismiss the Coast Guard's 

April 29, 2002 charges on numerous alternative defenses of fact and law. 

10. On June 24, 2002, pursuant to the Administrative Law Judge's April 30, 

2002 scheduli'lng order, the hearing in this matter commenced in Honolulu, Hawaii, and 

continued on June 26, 2002 and June 27, 2002, with evidence having been submitted on each 

day. 

11. On the morning of June 26, 2002, the parties, by written stipulation, filed 

with the AdmRnistrative Law Judge on that date, agreed to the dismissal with prejudice of the 

Coast Guard's February 25, 2002 breath test charge against Walsh. 

12. On June 24, 2002, the Coast Guard presented testimony of Stevedore 

Services of America (''SSA") employees Robert Sponheim, Laura Pribanick, and Ryan Baird, 

who testified, among other things, that each had spoken by phone with Walsh on the evening of 

February 8, 2002, that Walsh was verbally abusive to each of them, and that Walsh's speech was 

slurred in his ttelephone conversations with them, which indicated to them that Walsh was under 

the influence of alcohol. 

13. On June 26, 2002, the Coast Guard presented live testimony of Thomas 

M. Stapleton, ("Stapleton"), Master of SS LIHUE on February 8, 2002, who testified, among 

3 
C J ROBERSON [4J 004/008 

other things, that he observed Walsh aboard SS LIHUE on that evening to be intoxicated. 

Thereafter, on June 26, 2002, the Coast Guard presented live testimony of Gary Fleeger, Senior 

Vessel Manager of Matson on February 8, 2002, who testified, among other things, about phone 

conversations ~;;;onceming Walsh with Stapleton, his wife, and Eileen Kuljis, Matson's Los 

Angeles terminal manager. 

14. On June 27, 2002, Walsh presented video taped testimony of Barry 

Pettyjohn, a supervisor for Dockside Machinery, a Matson contractor, who testified, among other 

things, that he observed Walsh aboard SS LIHUE on the evening of February 8, 2002, and that 

Walsh did not appear to be intoxicated. Thereafter on June 27, 2002, Walsh presented the video 

taped depositions of Mike Minchinton, a friend of Walsh's and Brett Barnes, Manager of Duke's 

Restaurant. These witnesses testified, among other things, that they observed Walsh at Duke's 

Restaurant in the early to mid evening of February 8, 2002, and that Walsh did not appear 

intoxicated at that time. 

15. On June 27, 2002, immediately prior to scheduled telephone testimony of 

Walsh's witness, Mark Martinson (who in his affidavit, filed with Walsh's Motion to Dismiss, 

stated, among other things, that he continually observed Walsh at Duke's Restaurant during the 

period 5:30·9:00 p.m. on February 8, 2002, and that Walsh was not intoxicated during that 

period), the parties orally agreed to a settlement of this matter for a dismissal with prejudice of 

the Coast Guard's April 29, 2002 charges, conditional upon Walsh's undergoing fifteen (15) 

hours of anger management counseling and successful completion of the Dale Carnegie course-

"How to Win Friends and Influence People." 

16. This proposed settlement is considered reasonable and acceptable under 

the circumstances of his case in light ofthe following facts: 

4 
07/05/02 11:30 C J ROBERSON l4l 003/008 

a. Walsh's June 14, 2002 Motion to Dismiss raises significant legal 

and factual challenges to the Coast Guard's April 29, 2002 charges. The motion has yet to be 

responded to by the Coast Guard, pursuant to a ten (1 0) day extension of time to respond to the 

motion, granted by the Administrative Law Judge on June 24, 2002. 

b. The evidence so far presented by both parties on the fact issue of 

whether Walsh was intoxicated on February 8, 2002, is highly conflicting, and subjective, and 

the outcome of that fact issue is based solely upon the Administrative Law Judge's 

determinations of the credibility ofboth side's witnesses. 

c. The Coast Guard's evidence from the above SSA witnesses, who 

spoke by phone with Walsh on the evening of February 8, 2002, indicates that Walsh lost his 

temper and was verbally intemperate with these witnesses during some of those phone 

conversations, which Walsh does not dispute. Such conduct is not calculated to achieve 

harmonious relationshjps required for the safe loading and stowage of a container vessel. Walsh 

recognizes this fact and has voluntarily agreed to send written apologh:s to the affected SSA 

employees. 

d. From and after March 5, 2002, it was not the intention of the Coast 

Guard to suspend or revoke Walsh's license, rather to document the incident through a warning 

or admonjshment. 

17. The agreed conditions to the dismissal of the April 29, 2002 charges will 

promote future safety in Walsh's future maritime employment, and are therefore in the public 

interest. 

18. The parties, through their respective representatives, whose signatures 

appear below, stipulate and agree: 

5 
07/05/02 11:30 C J ROBERSON 14! 002/008 

a) To wmve: (i) any further procedural steps before the 

Administrative Law Judge, and (ii) all rights to seek judicial review, or otherwise challenge or 

contest the validity of this decision, and 

b) That this decision will hold the same force and effect as would a 

decision made after a full hearing, and 

c) That this decision resolves all matters needed to be adjudicated. 

Based on the foregoing, it is HEREBY ORDERED: 

1. Upon Walsh's supplying the USCG Marine Safety Office, on or 

before June 30, 2003, with satisfaction documentary proof that he has successfully completed 

both (a) not less that fifteen (15) hours of anger management counseling by a qualified Hawaii 

counselor, and (b) the twelve (12) week Dale Carnegie course, "How To Win Friends and 

Influence People/' both to be taken at Walsh's expense, the U.S. Coast Guard Marine Safety 

Office Honolulu, shall promptly file and serve in this case a certification that conditions (a) and 

(b) have been met, and 

2. Upon the filing of said certification, the Coast Guard's April 29, 

2002 charges a.gainst Walsh shall stand dismissed with prejudice, effective July 1, 2002. 

6 
I 

07/05/02 11:30 C J ROBERSON 

AGREED TO and SO STWULATED this lst da 

DONE AND DATED on July .2_, 2002 

Alameda, California 

Chief, Investigations Dept. 

U.S Coast Guard Marine Safety Office, 

Honolulu, Hawaii 

For the U.S. COAST GUARD 

GEORGE 

~.iZ¥~} W. ASHFORQ0R 

Attorney for Respondent 

HAROLD G. WALSH, III 

HON. Parlen L. McKenna 

Administrative Law Judge 

l4l 001/008 

.. ······" · 

··' 

··, .. 

7 

United Srare.;,' Coast Guard v. Harold G. Walsh, Til: Docket No. CO S&R OZ-0125; CO Ca~e No, 1603367; D~i9ion 

and Order.