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Notice of Meeting of the Pilot Board of thePort of Corpus Christi Authority of Nueces County, Texas, on
Tuesday, April 17, 2018, at 8:00 AMAt the Solomon P. Ortiz International Center
402 North Harbor Drive, Corpus Christi, Texas
The Agenda for this meeting of the Pilot Board of the Port of Corpus ChristiAuthority ("PCCA") is set forth below.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids orservices are requested to contact Sherry DuBois at 885-6174 at least 48 hours in advance sothat appropriate arrangements can be made.
Si usted se dirige a la junta y cree que su inglés es limitado, habrá un intéprete inglés españolen la reunión de la junta para ayudarle.
Members of the audience will be provided an opportunity to address the Port Commission.Please speak into the microphone located at the podium and state your name and address.Your presentation will be limited to three minutes.
PUBLIC NOTICE is given that the Commission may go into executive session at any timeduring the meeting to discuss matters listed on the agenda when authorized to do so by theprovisions of Section 418.183 or Chapter 551 of the Texas Government Code. In the event theCommission elects to go into executive session regarding any agenda item, the presidingofficer will publicly announce the section or sections of the Texas Government Codeauthorizing the executive session.
1. Call to order
2. Conflict of Interest Affidavits
3. Minutes3.a. Approve minutes of the Pilot Board meeting held November 14, 2017.
Minutes - November 14, 2017
4. Receive public comment - (Each speaker is limited to 3 minutes)
5. Open Agenda5.a. Review and recommend renewal of Captain Douglas Stinchcomb's expiring
Branch Pilot's license to Governor per Texas Transportation Code Sec.1
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70.040.Stinchcomb - Renewal Request
5.b. Present 2017 4th Quarter Aransas-Corpus Christi Pilot Work Hours VisualInspection Report performed January 10, 2018 per Sec V of the Rules andRegulations Governing Pilots and Pilotage on the Corpus Christi ShipChannel.4th Qtr Work Rest Report - Memo2017 4th Qtr Report
5.c. Present 1st Quarter Aransas-Corpus Christi Pilot Work Hours VisualInspection Report performed April 4, 2018 per Sec V of the Rules andRegulations Governing Pilots and Pilotage on the Corpus Christi ShipChannel.Work Rest - Memo1st Qtr Work Rest Report
5.d. Approve revision to Section VI of the Pilot Board's Rules and RegulationsGoverning Pilots and Pilotage on the Corpus Christi Ship Channel regardingCombined Beam Restriction in the vicinity of ADM Grain Elevator and CITGODock #1.Combined Beam Restriction - MemoNotice of Rule ChangeRule Change - Order
5.e. Adopt Resolution approving amended Pilot Review Board Bylaws.Pilot Review Board Bylaws - MemoPilot Review Board Bylaws - ComparisonBylaws - ResolutionAmended Bylaws - Final
5.f. US Coast Guard presentation of commendation to Captain Jay Riviera.
6. Adjourn
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OFFICIAL MINUTES OF PILOT BOARD MEETINGNovember 14, 2017
The Board of Pilot Commissioners for the Port of Corpus Christi Authority (the “Pilot Board”) met on Tuesday, November 14, 2017, at 8:30 a.m., at the Congressman Solomon P. Ortiz International Center (Nueces Room), 402 Harbor Drive, Corpus Christi, Texas.
Present: Mr. Charles ZahnMr. Wayne SquiresMs. Barbara CanalesMr. David P. EngelMr. Richard L. BowersMr. Wes Hoskins
Staff Present: Mr. John LaRueMr. Sean StrawbridgeMr. Dennis DeVriesMr. Jarl PedersenMr. Kent BrittonMs. Patricia CardenasMr. Kresten CookMr. Russell CordoMr. David KramsMr. Ruben MedinaChief Tom MylettMs. Lynn AngersteinMr. Bland ChamberlainMs. Sherry DuBoisMs. Angela LeyvaMr. Bennie BenavidesMs. Jennifer PowellMr. Jesse Samu
Others Present: Mr. Leo J. Welder, Jr.Mr. Dane C. Bruun
Others Present: Mr. Richard R. Valls Valls GroupCapt. Jay RiveraCapt. Matthew P. Lynch Aransas/CC Pilots Assn.Capt. Joe Harrington Valero
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Mr. Kevin MillerMr. David Cave CITGOMr. Xavier F. Valverde G&H TowingMr. Larry Perryman Bay Houston TowingCapt. Mike Kershaw ConsultantMr. Jason Smith US Coast GuardMr. Terry Arnold ConsultantMr. John PaschMr. Matthew White CheniereMr. Roger TenNapel Flint Hills Resources
1. Meeting called to order
2. Conflict of Interest Affidavits: None were submitted.
3. Minutes:
3. a. September 19, 2017 Minutes:
Action: On motion made by Mr. Engel and seconded by Mr. Bowers, the Pilot Board approved the minutes of the September 19, 2017 Pilot Board meeting, in the form presented to the meeting.
4. Public Comments: None were received.
5. Open Agenda:
5.a. Temporary Revisions to Section VI of the Pilot Board’s Rules and Regulations: Staff recommended approval of a temporary revision to Section VI of the Pilot Board’s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding combined beam restriction in the vicinity of ADM Grain Elevator and CITGO Dock #1 for a 136 day trial period effective November 15, 2017.
Action: On motion made by Mr. Squires and seconded by Mr. Engel, the Commission approved Staff’s recommendation.
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5.b. 3rd Quarter Aransas-Corpus Christi Pilot Work-Rest Hours Audit Report: Captain Mike Kershaw presented the 3rd Quarter Aransas-Corpus Christi Pilot Work-Rest Hours Audit Report performed October 9, 2017, per Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel.
Action: On motion made by Ms. Canales and seconded by Mr. Bowers, the Commission approved the 3rd Quarter Aransas-Corpus Christi Pilot Work-Rest Hours Audit Report performed October 9, 2017 in the form presented to the meeting.
6. Adjourn: On motion duly made and seconded, the meeting was adjourned at 8:45a.m.
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Aransas-Corpus Christi Pilots PO Box 2767, Corpus Christi, Texas 78403
Telephone (361) 884-5899 Facsimile (361) 884-1659 April 12th, 2018 Mr. Sean C. Strawbridge Secretary of the Pilot Board Port of Corpus Christi Authority 222 Power Street Corpus Christi, Texas 78401 Dear Mr. Strawbridge,
Capt. Douglas D. Stinchcomb has been a long tenured Pilot Commissioned by the Governor of the State of Texas to serve upon the waters under the jurisdiction of the Port of Corpus Christi Authority. His State Commission expires on May 1st of this year.
Capt. Stinchcomb respectfully requests that the Board of Pilot Commissioners for the Port of
Corpus Christi Authority recommend to the Governor that his Commission be renewed. Respectfully submitted, ________________________ Capt. Jay Rivera Presiding Officer Aransas-Corpus Christi Pilots
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DATE: April 17, 2018
TO: Pilot Board
FROM: Russell Cordo, [email protected](361) 885-6166
SUMMARY: On January 10, 2018 Capt. F. Mike Kershaw, a Port/Pilot Liaison consultant, reviewed the Pilot’s master work hours logbook for the fourth quarter of 2017 as required by Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel adopted October 1, 2014.
BACKGROUND: Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel, adopted October 1, 2014, defines the work-rest requirements for Aransas-Corpus Christi Pilots. Section V states that the pilots will keep a master logbook for all pilots and make it available for inspection by the Pilot Board or its representatives upon request. On January 10, 2018 Capt. Kershaw reviewed the Pilot’s master work hours logbook during the fourth quarter of 2017. Attached is Capt. Kershaw’s report summarizing his inspection.
ALTERNATIVES: N/A
CONFORMITY TO PORT POLICY: The Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report complies with Sec V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel.
EMERGENCY: N/A
FINANCIAL IMPACT: N/A
STAFF RECOMMENDATION: Staff recommends approval of the 4th Quarter 2017Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report performed January 10th 2018 per Sec V of the Rules and Regulations Governing Pilots and Pilotage on theCorpus Christi Ship Channel.
DEPARTMENTAL CLERARANCES:
Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report for 4th Quarter 2017
AGENDA MEMORANDUMAction Item for Pilot Board Meeting of April 17, 2018
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Originating Department Harbormaster’s Office
Reviewed by Russell CordoLegal Dane BruunExecutive Staff Sean Strawbridge
LIST OF SUPPORTING DOCUMENTS:
Pilot Work/Rest Review Report (January 10, 2018)
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Pilot Work/Rest Review 4 th. Qt. 2017
Date: 1/10/2018 Location: Office ACCPTime: 14:00- 17:00
Present: Capt. F. M. Kershaw, Capt. J. Rivera and Staff
The ACC Pilots represented computer generated vessel movement logs for the determination of compliance with the POCCA Pilot Board Rules, Sec. 70:017, State of Texas Transportation Code.
A random review of over 82 movements of 14 ACC Pilots as well as the total movements (221) of two additional selected pilots for a total of 303 was preformed.
One (1) overage was observed of 1.4 hr. While this was an overage of POCCA rule, however it did not exceed the STCW Rules.
A review of all Quarters for 2017 reviled audits of 1129 movements with 6 overages for less then .005 % and a total estimate of 5645 hours audited and a overage of 5.0 hours for all audited vessels.
In addition the ACCP are working with their forth rotation system in attempt to eliminate any overages. In my estimation the ACC Pilots are in compliance with the spirit of the Rule.
Respectively
Capt. F. M. Kershaw
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DATE: April 17, 2018
TO: Pilot Board
FROM: Russell Cordo, [email protected](361) 885-6166
SUMMARY: On April 4, 2018 Capt. F. Mike Kershaw, a Port/Pilot Liaison consultant, reviewed the Pilot’s master work hours logbook for the first quarter of 2018 as required by Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel adopted October 1, 2014.
BACKGROUND: Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel, adopted October 1, 2014, defines the work-rest requirements for Aransas-Corpus Christi Pilots. Section V states that the pilots will keep a master logbook for all pilots and make it available for inspection by the Pilot Board or its representatives upon request. On April 4, 2018 Capt. Kershaw reviewed the Pilot’s master work hours logbook during the first quarter of 2018. Attached is Capt. Kershaw’s report summarizing his inspection.
ALTERNATIVES: N/A
CONFORMITY TO PORT POLICY: The Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report complies with Sec V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel.
EMERGENCY: N/A
FINANCIAL IMPACT: N/A
STAFF RECOMMENDATION: Staff recommends approval of the 1st Quarter Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report performed April 4, 2018 per Sec V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi ShipChannel.
Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report for 1st Quarter 2018
AGENDA MEMORANDUMAction Item for Pilot Board Meeting of April 17, 2018
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Port CommissionersApril 17, 2018Page -2-
DEPARTMENTAL CLERARANCES:
Originating Department Harbormaster’s Office
Reviewed by Russell CordoLegal Dane BruunExecutive Staff Sean Strawbridge
LIST OF SUPPORTING DOCUMENTS:
Pilot Work/Rest Review Report (April 4, 2018)
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Pilot Work/Rest Review 1st Qt 2018
Date: 4/4/2018 Location: Office of the ACC PilotsTime: 11:15
Present: Capt. F. M. Kershaw, Capt Jay Rivera, staff, Russell Cordo (HM) and staff.
The ACC Pilots presented computer generated vessel movement logs for the determination of compliance with the POCCA Pilot Board Rules, Sec. 70:017, state of Texas Transportation Code.
A random review of 14 ACC Pilots as well as a total review of all movements preformed by two additional pilots for a total of 278 vesselassignments were preformed. Overages of .7, .3, and .3 hr where observed.
As in past audits the overages occur on the transportation end of a three vessel movement cycle, there for I do not consider these overages to be in noncompliance.
Respectively
Capt. F. M. Kershaw Port/Pilot Liaison
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DATE: April 17, 2018
TO: Pilot Board
FROM: Russell Cordo, [email protected](361) 885-6166
SUMMARY: Staff requests approval of a revision to Section VI of the Pilot Board’s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding Combined Beam Restriction in the vicinity of ADM Grain Elevator and CITGO Dock #1 effective April 17, 2018.
BACKGROUND: Section VI of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel (“Pilot Rules”), adopted January 13, 2015, defines the combined beam restrictions in the Inner Harbor in the vicinity of the ADM Grain Elevator and Citgo Dock #1. On June 20, 2017, the Pilot Board approved a temporary revision to Section VI of the Pilot Rules for a 120-day trial period beginning July 1, 2017. The trial period expired October 31, 2017. The intent of July 1, 2017, effective date was to allow the Harbormaster, Aransas-Corpus Christi Pilots, and Industry sufficient time to collect data prior to implementation of the temporary rule change. Due to Hurricane Harvey and the resulting channel restrictions put in place by the United States Coast Guard, a bias was created with regards to data gathered. Based on meetings and feedback from users, Staff recommended and the Port Commission approved an extension of the temporary rule until March 31, 2018, to allow the collection of unbiased data not affected by the USCG restrictions. Based on data collected during the extended trial period, Staff recommends the Pilot Board adopt the attached order approving revisions to Section VI of the Pilot Rules. Notice of the proposed rule change was postedin accordance with the requirements of Section 70.021 of the Texas Transportation Code.
ALTERNATIVES: N/A
EMERGENCY: N/A
FINANCIAL IMPACT: N/A
AGENDA MEMORANDUMAction Item for Pilot Board Meeting of April 17, 2018
Revision to Section VI of the Pilot Board’s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christ Ship Channel regarding Combined Beam Restriction in the vicinity of ADM Grain Elevator and CITGO Dock #1
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STAFF RECOMMENDATION: Staff recommends the Pilot Board adopt the attached order approving revisions to Section VI of the Pilot Board’s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding Combined Beam Restriction in the vicinity of ADM Grain Elevator and CITGO Dock #1 effective April 17, 2018.
DEPARTMENTAL CLERARANCES:
Originating Department Harbormaster’s Office
Reviewed by Russell CordoLegal Dane BruunExecutive Staff Sean Strawbridge
LIST OF SUPPORTING DOCUMENTS:
Notice of Proposed Rule ChangeOrder Adopting Rule Change
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AN ORDER OF THE BOARD OF PILOT COMMISSIONERS
FOR THE PORT OF CORPUS CHRISTI AUTHORITYREGARDING COMBINED BEAM RESTRICTION
Whereas, the current Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel (“Pilotage Rules and Regulations”), approved and adopted by the Board of Pilot Commissioners for the Port of Corpus Christi Authority (“Pilot Board”) in accordance with Chapter 70, Texas Transportation Code, are attached hereto as Attachment One; and
Whereas, the Pilot Board wishes to amend the Pilotage Rules and Regulations by revising Section VI regarding the combined beam restrictions in vicinity of the ADM Grain Elevator and CITGO Dock #1; and
Whereas, notice of the proposed rule changes has been given and posted in accordance with the requirements of Section 70.021 of the Texas Transportation Code;
NOW, THEREFORE, BE IT RESOLVED by the Pilot Board that:
Section 1. The Pilot Board hereby amends the Pilotage Rules and Regulations by revising Section VI of the Pilotage Rules and Regulations.
Section 2. Pursuant to the power and authority granted to the Pilot Board in Section 70.016 of the Texas Transportation Code, the Pilot Board hereby amends the Pilotage Rules and Regulations by revising Section VI thereto to read as follows:
VI 377’ COMBINED BEAM RESTRICTION (Effective April 17, 2018)
A navigational choke point exists in the Corpus Christi Inner Harbor in the vicinity of the ADM Grain Elevator and CITGO Dock #1 whenever certain size vessels are moored or must pass through the area. The following guidelines were developed by the Port of Corpus Christi, the Aransas-Corpus Christi Pilots, ADM, CITGO and Valero and are currently in effect. The guidelines do not apply unless the combined beam of vessels at CITGO 1, ADM, and the passing vessel causes an overage of 357’.
1. If vessel beams at both CITGO 1 and ADM are 106’ or less and the passing vessel’s beam causes an overage of 377’, the first vessel secured at ADM or CITGO 1 will have 24 hours to move from the time the passing vessel sets shifting time order, arrives at the bar or sets a sail order.
2. If vessels are at CITGO 1 and ADM with combined beams of 212’ or over, the last secured vessel will be required to move after 24 hours. Time begins when passing vessel is ready to move. (Shifting time order, arrived at bar, sail order).
3. After vessel returns to berth, vessel may occupy berth for operations for at least 24 hours before vacating, if required.
4. Vessels must begin operations as soon as practical after securing at berth and 18
314114 2
continue to work all available hours.
5. Vessels may continue to work as long as combined beams, including passing vessel, do not exceed 377’.
6. If the combined beams, including passing vessel does not exceed 377’ but the passing vessel does not meet operational parameters set by the Aransas-Corpus Christi Pilots, Section VI items 1, 2, 3, and 4 would apply.
7. Any vessel passing, while not creating a combined beam of over 377’ will provide information deemed necessary prior to the passage of the vessel and will include but is not limited to:
a. General Arrangement Plan;b. Mooring Arrangement Plan (Forward and Aft);c. Freeboard (Forward and Aft);d. Estimated drafts when transiting the area (Inbound and Outbound);e. Transom width;f. Distance between outermost chocks on the transom; andg. Safe Working Load (SWL) of chocks and bitts on Bow and Stern.
8. Dependent on wind conditions at the time of vessel order, the following tug matrix will apply:
a. Wind up to 15 knots: (1) 75-ton tractor tug and (2) 60-ton tractor tugs;b. Wind over 15 knots and up to 25 knots: (3) 75-ton tractor tugs; andc. Wind speed to be derived from Harbormaster’s office anemometer or
the TCOON station located in Nueces Bay.
Section 4. The amendment to Section VI of the Pilotage Rules and Regulations shall be effective on April 17, 2018.
IT IS ACCORDINGLY SO ORDERED this 17th day of April 2018.
______________________________Presiding Officer of the Pilot Board
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DATE: April 17, 2018
TO: Pilot Board
FROM: Russell Cordo, [email protected](361) 885-6166
SUMMARY: Staff requests the Pilot Board adopt a Resolution Approving Amended Pilot Review Board Bylaws.
BACKGROUND: Texas Transportation Code § 70.018 states that the Pilot Board shall establish a pilot review board to hear and review complaints against pilots and to make recommendations to the Pilot Board concerning complaints. In 1995 the Pilot Board established the “Pilot Advisory Panel” and adopted bylaws governing membership and investigation procedures. The Pilot Advisory Panel has jurisdiction over all pilots acting under the authority of their state commission in the Port of Corpus Christi. Section 70.018 states that the board shall consist of two (2) active state-commissioned pilots serving the Port of Corpus Christi, two (2) members of the marine industry, and a chairperson, who, or whose designee, shall be the Secretary of the Pilot Board.
Starting in July 2017, Pilot Advisory Panel members began reviewing suggested Pilot Advisory Panel Bylaw amendments including increasing Panel meetings from bi-annual to quarterly. At the November 13, 2017, Pilot Advisory Panel meeting counsel for PCCA and the Aransas-Corpus Christi Pilots were tasked with revising the Pilot Advisory Panel Bylaws. Amended Bylaws were presented to the Pilot Advisory Panel on April 6, 2018. At that meeting the Panel voted unanimously to recommend the Amended Bylaws to the Pilot Board for adoption. The Amended Bylaws update and clarify various provisions including membership requirements, meeting schedule, Pilot complaint filing process, and complaint hearing procedures. In addition, the Amended Bylaws rename the advisory committee the “Pilot Review Board” to be consistent with Texas Transportation Code § 70.018.
ALTERNATIVES: N/A
EMERGENCY: N/A
AGENDA MEMORANDUMAction Item for Pilot Board Meeting of April 17, 2018
Adopt Resolution Approving Amended Pilot Review Board Bylaws
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Port CommissionersApril 17, 2018Page -2-
FINANCIAL IMPACT: N/A
STAFF RECOMMENDATION: Staff recommends the Pilot Board adopt the attached resolution adopting the Amended Pilot Review Board Bylaws.
DEPARTMENTAL CLERARANCES:
Originating Department Harbormaster’s Office
Reviewed by Russell CordoLegal Dane BruunExecutive Staff Sean Strawbridge
LIST OF SUPPORTING DOCUMENTS:
Resolution Approving Amended Pilot Review Board Bylaws
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PORT OF CORPUS CHRISTI AUTHORITYPILOT ADVISORY PANELREVIEW BOARD
I.PREAMBLE
The purpose of the Pilot Advisory Panel isPilot Review Board is an advisorycommittee appointed by the Board of Pilot Commissioners for the Port of Corpus Christi("Pilot Board") to advise the Pilot Board relative to complaints against pilots operatingvessels under the authority of their state pilot commission or their federal pilot’s license.The formation of the Pilot Review Board is authorized by Texas Transportation CodeSection 70.018.
II.MEMBERSHIP
Voting members shall consist of the Secretary of the Pilot Board (or his/her1.designated representative), two branch pilots (one of whom shall be thePresiding Officer of the Pilot Association), one representative of thewith a marineindustrybackground recommended to the Pilot Board by the Board of TradePortIndustries of Corpus Christi, and one at-large representative with a marinebackground recommended to the Pilot Board by the South Texas WaterwayAdvisory Committee. Any person who would be ineligible to serve on the PilotBoard by virtue of any state statutesstatute or any Texas Attorney General’sdecision opinion applicable to the Pilot Board may not be appointed to the PilotAdvisory PanelReview Board. The counsel for the Port Commission of PCCAwill assist the Pilot Advisory PanelReview Board with legal issues.
A quorum shall consist of all five voting members.2.
A non-voting observer will be the local Captain of the Port (COTP), U.S. Coast3.Guard or his/her representative. This non-voting Coast Guard member may notbe assigned to investigate the incident at issue.
One alternate mayshall be nominated by each voting member, so as to assure4.the required quorum at all times.
All members and alternates of the Pilot Advisory PanelReview Board must be5.appointed by the Pilot Board. Members and alternates serve for a term of two(2) years.two (2) year terms. The alternate appointed for the branch pilotmembers shall be any state-licensed branch pilot for the Port of Corpus Christiwhose service will not interfere with work-rest guidelines considering his or herpilotage duties on the channel.
III.CHAIRMAN
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The Chairman shall be the Secretary of the Pilot Board or his/her representative.1.
It will be the duty of the Chairman to:2.
Receive complaints or reports of incidents and place them on the agenda, ifA.deemed meritorious;
Notify all parties of time and place of meetings and hearings;B.
Conduct meetings as well as hearings concerning complaints and report findingsC.and recommendations to the Pilot Board; and
In addition to complaint meetingshearings, schedule twoquarterly meetings eachD.year for case review and general Port traffic safety and efficiency purposes.TheseAt the quarterly meetings, the Pilot Review Board shall be to reviewincidents or situations that occur with no complaints lodged against pilots, butresulted in channel derangements or delays. The purpose shall be to seekmethods for improving port traffic management safety and efficiency.At thequarterly meeting, the Pilot Review Board shall determine if the incidentsreviewed warrant a full hearing before the Pilot Review Board.
IV.JURISDICTION OF THE PILOT ADVISORY PANELREVIEW BOARD
AND NATURE OF COMPLAINTS
The jurisdiction of this PanelPilot Review Board is over all pilots acting under the1.authority of their state pilot commission or their federal pilot’s license in the Port ofCorpus Christi. "Pilot" means a person licensed as a branch pilot or certified as adeputy branch pilot under Chapter 70 of the Texas Transportation Code.
The following categories of complaints are subject to investigation by the Pilot2.Advisory PanelReview Board:
Failure of a pilot to demonstrate and maintain the qualifications for state andA.federal licensing.
Allegations against any pilot for misconduct, negligence, inattention to duty,B.malfeasance or misfeasance with respect to the performance of his/her dutiesunder the authority of his/her state commission or federal licensecarelessness,neglect of duty, refusal to perform pilot duties without good cause, misconduct,or incompetence while on duty.
Allegations against any pilot accused of drug or alcohol abuse while on duty.C.
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Cases of physical, mental, or professional incompetence shall be consideredD.special circumstances and investigated as directed by the Pilot Board.
V.METHOD OF FILING COMPLAINTS
Since issuance of a State of Texas Pilot Commission is predicated upon the holding1.of a valid federal pilot’s license, allThe pilots for the Port of Corpus Christi areregulated by the Pilot Board pursuant to Chapter 70 of the Texas TransportationCode. Accordingly, complaints should be filed with the Secretary of the Pilot Boardfor the Ports of Corpus Christi USCG Marine Safety Office who will investigate andrefer them to the Pilot Advisory Panel as appropriateReview Board for review andrecommendation as appropriate. Complaints filed with the Secretary of the PilotBoard will be forwarded to Presiding Officer of the Pilot Association.
All complaints shall be in writing.2.
3. Any written complaint not submitted through the USCG may be submitted to theSecretary of the Pilot Board, who will, after meeting with Pilot Advisory Panelmembers, determine its merit.
4. Not all written complaints shall require action. SomeAfter review at the quarterly3.meeting, some may be summarily dismissed without formal Pilot AdvisoryPanelReview Board action. This decisionSummary dismissal decisions shall bedocumented for review at the semi-annual meetingin the formal minutes of the PilotReview Board.
5. Additional responsibilities/procedures are listed in Annex A.
VI.INVESTIGATION PROCEDURES
Should the Pilot Advisory PanelReview Board find, after preliminary investigation,1.that there is good cause to believe that the pilot named in the complaint has violatedany one or more of the grounds started in paragraph IVor incident being consideredwarrants a hearing before the Pilot Review Board, the pilot shall be notified in writingno less than 30 days prior to the hearing set by the Panel.
The Chairman must notify the pilot when a complaint will be investigatedprovide the2.written notice set forth in Paragraph VI(1). The notice must set forth in sufficientdetail the grounds of such comp0laintincident or complaint and shall attach allevidence (electronic or documentary) considered by the Pilot Review Board and/orwhich will be considered by the Pilot Review Board at the scheduled hearing so asto fairly enable the pilot to show any error that may existbe fully apprised of thecircumstances or incident under review. Such notice and evidence shall be givennot less than 30 days prior to the complaint meeting datehearing date. The pilot
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shall have the right to counsel at the hearing and shall have the right tocross-examine any witnesses that give testimony at the hearing. Upon motion of thepilot and/or his counsel, additional reasonable time may be allowed to prepare adefensefor the hearing, unless the Pilot Advisory PanelReview Board finds anddetermines that an emergency exists requiring less notice in order to protect life orproperty.
In the event thisthe Pilot Advisory PanelReview Board determines an emergencyA.exists requiring less notice to protect life or property, the PanelPilot ReviewBoard may recommend to the Pilot Board a suspension of the Pilot inquestionpilot’s license, not to exceed a period of two weeks without a meeting.Thereafter, a meeting must be set in accordance with the procedure outlinedabove. The pilot shall be given the required 30 days notice of the formal hearing, but shall have the right to demand an immediate show cause hearing after theexpiration of the two week emergency period prescribed in the foregoingparagraph. A show cause hearing does not prejudice the pilot's right to a hearingas described above in paragraphs VI(1) and (2).
Unless a formal hearing is requested by the Pilot in writing, meetings of the Pilot3.Advisory PanelThe Pilot Review Board is an advisory committee appointed by thePilot Board to consider the matters at hand and provide the Pilot Board with findingsand recommendations for consideration and adoption by the Pilot Board. Anymeetings or hearings of the Pilot Review Board are as an advisory committeecharged with making recommendations to the Pilot Board. The meetings andhearings will be informal and will be carried out as a personnel matter withattendance limited to the accused, complainants, and parties in interest determinedby the Pilot Advisory PanelPilot Review Board members, the pilot under review, pilotcounsel, any witnesses, Port counsel and any other attendee deemed appropriateby the Chairman. Attendees approved by the Chairman may observe but may notparticipate.
The Chairman of the Pilot Advisory PanelReview Board shall preside at and conduct4.such meetingmeetings and hearings and, with the concurrence of the members ofthe Pilot Advisory PanelReview Board, determine the beginning time, recess, andending of such meeting. Theproceedings. A hearing shall be conducted insubstantially the following manner:
The Chairman shall read the complaint against the pilot involved(or the reportedA.facts of an incident if no complaint is filed) unless the pilot agrees to waiver, inwriting, to waive said reading of the complaint. The pilot has a right to counsel.
The complaint may present evidence and witnesses.Pilot Review Board mayB.present evidence it has gathered or written complaints it has received and callwitnesses. The pilot has the right to cross-examine these witnesses. A list ofwitnesses to be called must be provided to the pilot at least 30 days prior to thehearing All witnesses who testify will be placed under oath.
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The pilot accused may present evidence and witnesses. Any writtenC.submissions and evidence of the pilot must be served upon the Panel at least 7days prior to the hearing.
The Chairman, or any member of the Pilot Advisory PanelReview Board, mayD.question any person who speaks as athe pilot and any other witness. at thehearing.
The Pilot Advisory PanelReview Board shall consider the evidence in closedE.session.
The Pilot Advisory PanelReview Board shall make findings andF.recommendations by a majority vote of voting members. which shall be providedto the pilot at the conclusion of the hearing. The Chairman shall poll themembers as to the votes and record the vote of each member. The findings andrecommendations shall later be reduced to writing, signed by the Chairman onthe Panel, and submitted to the Chairman of the Pilot Board.
The pilot shall have 15 days after receipt of the written findings andG.recommendations to file a written request for rehearing before the Pilot ReviewBoard, or request a full hearing before the Pilot Board as is his/her right as perSection 70.0172 of the Texas Transportation Code. If no such request isreceived, the findings and recommendations shall be presented to the PilotBoard at the next regularly scheduled meeting with notice to the pilot.
5. The pilot, against who such complaint is made shall have the right to call witnessesin his behalf, and to cross-examine any witnesses. The pilot accused may employcounsel to be present at such meeting and advise with the pilot. Such counsel mayparticipate in the meeting or examine or cross-examine witnesses, and presentevidence. Counsel may be an attorney, or another pilot, or any other person.
6. Any person having a legitimate interest in the proceeding shall have the right to beheard, at the sole discretion of the Chairman, whose decision will be final.
7. Upon Conclusion of such meeting, the Pilot Advisory Panel shall within a reasonabletime reduce its findings and recommendations to writing and deliver such findings tothe Chairman of the Board of Pilot Commissioners.
VII.PENALTIES
The Pilot Advisory PanelReview Board may recommend to the Pilot Board that itconduct a hearing to suspend or dismiss the pilot pursuant to Article 8250 Vernon’sTexas Statutes or that no action be taken by the Pilot Board. Should action be
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considered necessary, any of the following sanctions by the Pilot Board may berecommended by the Pilot Advisory Panel.the following actions:
Revocation of license. Letter of Commendation.1.
Take no action; close file. 2.
Letter of Caution.3.
Letter of Reprimand.4.
Additional training.5.
2. Suspension of license, with or without probation for not more than 6 months.6.
Recommend to the Governor of Texas that the pilot’s license be revoked. 7.
VIII.HEARING BEFORE THE PILOT BOARD
3. Recommend the imposition of a civil penalty commensurate with severity of theinfraction not to exceed the sum of $25,000.
1. The pilot has a right to hearing before the Pilot Board pursuant to Tex. Transp. Code§ 70.017. The pilot shall be given 30 days written notice of any Pilot Board hearingconvened to take action on the findings and recommendations made by the PilotReview Board as well as notice of the evidence and witnesses to be presented bythe Pilot Board or Pilot Review Board at such a hearing. The pilot shall have theright to appear with counsel at said hearing, present evidence and witnesses. Thepilot shall provide the Pilot Board Secretary with his/her written submission andevidence at least 7 days in advance of the hearing set by the Pilot Board.
4. Letter of reprimand.
5. Letter of warning.2. The hearing before the Pilot Board shall be transcribed by a Certified Court Reporter
and all witnesses shall testify under oath. The hearing shall comply with the TexasOpen Meetings Act. The Pilot Board’s order shall be announced orally and reducedto writing and signed by the Chairman of the Pilot Board. The pilot may appeal theorder to District Court for Nueces County as per Section 70.022 of the TexasTransportation Code.
6. Additional on-the-job training or schooling.3. At any future proceedings of the Pilot Review Board or Pilot Board, past findings and
recommendations of the Pilot Review Board or decisions of the Pilot Board olderthan 5 years shall not be considered. Past recommendations and decisions less
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than 5 years old shall not be considered during the proceeding when the PilotReview Board or Pilot Board is considering whether the Pilot complied with thestandard of care owed under the authority of the pilot’s state pilot commission. If apilot is found to have not complied with the standard of care, the Pilot Review Boardor Pilot Board may consider past recommendations or decisions less than 5 yearsold when considering what Pilot Board action is appropriate under thecircumstances.
IX.MARINE CASUALTY NOTICE REQUIREMENTS
1. In the event of a Marine Casualty the pilot(s) shall, in a timely manner, providewritten notice of such marine casualty to the Secretary of the Pilot Board. For thepurposes of these notice requirements marine casualties reportable to the Secretaryof the Pilot Board are limited to: (1) an unintended grounding or and un intendedstrike (allision with) a fixed structure; (2) an occurrence causing personal injury ordeath; (3) an occurrence causing property-damage in excess of $100,000, thisdamage including the cost of labor and material to restore the property to itscondition before the occurrence, but not including the cost of salvage, cleaning,gas-freeing, drydocking, or demurrage; and (4) an occurrence involving significantharm to the environment as defined in 46 C.F.R. § 4.03-65.
Appeals of penalties imposed by the Pilot Board shall be in accordance with current
state statutes.2. The pilot(s) shall cooperate in an investigation by the Secretary ofthe Pilot Board or members of the Pilot Review Board.
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VIII.EFFECTIVE DATE AND AMENDMENT
These amended policies and procedures shall become effective April 11, 199517,2018, and be amended upon adoption by majority vote of members of the Pilot Boardand approved by resolution adopted by the Pilot Board.
ANNEX ACASUALTY REPORTING PROCEDURES
1. ARANSAS-CORPUS CHRISTI PILOTS RESPONSIBILITY
A. The responsibility of the Aransas-Corpus Christi Pilots is to see that a writtenstatement of the individual Pilot is forwarded to the Secretary of the Pilot Boardin a timely manner after any marine casualty or incident.
B. Respond to questions submitted by the Secretary of the Pilot Board or membersof the Pilot Advisory Panel.
C. Maintain marine casualty files for internal review.
D. Pilots may assist the Secretary of the Pilot Board in incident review.
2. INDIVIDUAL PILOT RESPONSIBILITY
A. To submit a written statement to be transmitted to the Secretary of the PilotBoard immediately after a marine casualty or incident.
B. To cooperate in the investigation by the Secretary of the Pilot Board or membersof the Pilot Advisory Panel.
3. PILOT ADVISORY PANEL RESPONSIBILITY
A. Pilot Advisory Panel to receive and review the statement of the individual Pilotand other pertinent information to determine if further action is necessary.
B. If further action is warranted, the Pilot Advisory Panel may further investigate andmake recommendations as set forth in their guidelines.
4. PILOT BOARD RESPONSIBILITY
A. Receive recommendations for disciplinary action against Pilots from the PilotAdvisory Panel.
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B. Impose Sanctions, if appropriate, pursuant to the guidelines set by the PilotBoard.
C. Forward all appeals of Pilot Board actions to the appropriate state agency.
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314134
RESOLUTION APPROVING AMENDED BYLAWS OFTHE PILOT REIVEW BOARD
WHEREAS, Amended Bylaws of the Pilot Review Board for the Port of Corpus Christi (“Amended Bylaws”) have been presented to the Board of Pilot Commissioners for the Port of Corpus Christi (“Pilot Board”) for approval; and
WHEREAS, Texas Transportation Code § 70.018 states that the Pilot Board shall establish a Pilot Review Board to hear and review complaints against pilots and to make recommendations to the Pilot Board concerning complaints; and
WHEREAS, in 1995 the Pilot Board established the “Pilot Advisory Panel” and adopted bylaws governing membership and investigation procedures; and
WHEREAS, the Pilot Advisory Panel bylaws were last amended in 1997; and
WHEREAS, on April 6, 2018, Amended Bylaws were presented to the Pilot Advisory Panel for consideration and the Panel voted unanimously to recommend the Amended Bylaws to the Pilot Board for consideration; and
WHEREAS, the Amended Bylaws update and clarify various provisions including membership requirements, meeting schedule, pilot complaint filing process, and complaint hearing procedures; and
WEHREAS, the Amended Bylaws rename the Pilot Advisory Panel the “Pilot Review Board” to be consistent with Texas Transportation Code § 70.018.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PILOT COMMISSIONERS FOR THE PORT OF CORPUS CHRISTI THAT:
Section 1. The Pilot Board hereby finds and determines that it is necessary and advisable to adopt the Amended Bylaws in substantially the form presented to this meeting.
Section 2. The Amended Bylaws, in substantially the form presented to this meeting, are hereby approved.
Section 3. This Resolution is hereby adopted by the Pilot Board on April 17, 2018.
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PORT OF CORPUS CHRISTI AUTHORITYPILOT REVIEW BOARD
I.PREAMBLE
The Pilot Review Board is an advisory committee appointed by the Board of Pilot Commissioners for the Port of Corpus Christi ("Pilot Board") to advise the Pilot Board relative to complaints against pilots operating vessels under the authority of their state pilot commission. The formation of the Pilot Review Board is authorized by Texas Transportation Code Section 70.018.
II.MEMBERSHIP
1. Voting members shall consist of the Secretary of the Pilot Board (or his/her designated representative), two branch pilots (one of whom shall be the Presiding Officer of the Pilot Association), one representative with a marine background recommended to the Pilot Board by Port Industries of Corpus Christi, and one representative with a marine background recommended to the Pilot Board by the South Texas Waterway Advisory Committee. Any person who would be ineligible to serve on the Pilot Board by virtue of any state statute or Texas Attorney General opinion applicable to the Pilot Board may not be appointed to the Pilot Review Board. The counsel for the Port Commission of PCCA will assist the Pilot Review Board with legal issues.
2. A quorum shall consist of all five voting members.
3. A non-voting observer will be the local Captain of the Port (COTP), U.S. Coast Guard or his/her representative. This non-voting Coast Guard member may not be assigned to investigate the incident at issue.
4. One alternate shall be nominated by each voting member so as to assure the required quorum at all times.
5. All members and alternates of the Pilot Review Board must be appointed by the Pilot Board. Members and alternates serve for two (2) year terms. The alternate appointed for the branch pilot members shall be any state-licensed branch pilot for the Port of Corpus Christi whose service will not interfere with work-rest guidelines considering his or her pilotage duties on the channel.
III.CHAIRMAN
1. The Chairman shall be the Secretary of the Pilot Board or his/her representative.
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2. It will be the duty of the Chairman to:
A. Receive complaints or reports of incidents and place them on the agenda, if deemed meritorious;
B. Notify all parties of time and place of meetings and hearings;
C. Conduct meetings as well as hearings concerning complaints and report findings and recommendations to the Pilot Board; and
D. In addition to complaint hearings, schedule quarterly meetings each year for case review and general Port traffic safety and efficiency purposes. At the quarterly meetings, the Pilot Review Board shall review incidents or situations that occur with no complaints lodged against pilots, but resulted in channel derangements or delays. At the quarterly meeting, the Pilot Review Board shall determine if the incidents reviewed warrant a full hearing before the Pilot Review Board.
IV.JURISDICTION OF THE PILOT REVIEW BOARD
AND NATURE OF COMPLAINTS
1. The jurisdiction of this Pilot Review Board is over all pilots acting under the authority of their state pilot commission in the Port of Corpus Christi. "Pilot" means a person licensed as a branch pilot or certified as a deputy branch pilot under Chapter 70 of the Texas Transportation Code.
2. The following categories of complaints are subject to investigation by the Pilot Review Board:
A. Failure of a pilot to demonstrate and maintain the qualifications for state and federal licensing.
B. Allegations against any pilot for carelessness, neglect of duty, refusal to perform pilot duties without good cause, misconduct, or incompetence while on duty.
C. Allegations against any pilot of drug or alcohol abuse while on duty.
D. Cases of physical, mental, or professional incompetence shall be considered special circumstances and investigated as directed by the Pilot Board.
V.METHOD OF FILING COMPLAINTS
1. The pilots for the Port of Corpus Christi are regulated by the Pilot Board pursuant to Chapter 70 of the Texas Transportation Code. Accordingly, complaints should be filed with the Secretary of the Pilot Board for the Ports of Corpus Christi who will refer them
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to the Pilot Review Board for review and recommendation as appropriate. Complaints filed with the Secretary of the Pilot Board will be forwarded to Presiding Officer of the Pilot Association.
2. All complaints shall be in writing.
3. Not all written complaints require action. After review at the quarterly meeting, some may be summarily dismissed without formal Pilot Review Board action. Summary dismissal decisions shall be documented in the formal minutes of the Pilot Review Board.
VI.INVESTIGATION PROCEDURES
1. Should the Pilot Review Board find, after preliminary investigation, that the complaint or incident being considered warrants a hearing before the Pilot Review Board, the pilot shall be notified in writing no less than 30 days prior to the hearing set by the Panel.
2. The Chairman must provide the written notice set forth in Paragraph VI(1). The notice must set forth in sufficient detail the grounds of such incident or complaint and shall attach all evidence (electronic or documentary) considered by the Pilot Review Boardand/or which will be considered by the Pilot Review Board at the scheduled hearing so as to fairly enable the pilot to be fully apprised of the circumstances or incidentunder review. Such notice and evidence shall be given not less than 30 days prior to the hearing date. The pilot shall have the right to counsel at the hearing and shall have the right to cross-examine any witnesses that give testimony at the hearing. Upon motion of the pilot and/or his counsel, additional reasonable time may be allowed to prepare for the hearing, unless the Pilot Review Board finds and determines that an emergency exists requiring less notice in order to protect life or property.
A. In the event the Pilot Review Board determines an emergency exists requiring less notice to protect life or property, the Pilot Review Board may recommend to the Pilot Board a suspension of the pilot’s license, not to exceed a period of two weeks without a meeting. Thereafter, a meeting must be set in accordance with the procedure outlined above. The pilot shall be given the required 30 days notice of the formal hearing, but shall have the right to demand an immediate show cause hearing after the expiration of the two week emergency period prescribed in the foregoing paragraph. A show cause hearing does not prejudice the pilot's right to a hearing as described above in paragraphs VI(1) and (2).
3. The Pilot Review Board is an advisory committee appointed by the Pilot Board to consider the matters at hand and provide the Pilot Board with findings and recommendations for consideration and adoption by the Pilot Board. Any meetings or hearings of the Pilot Review Board are as an advisory committee charged with making
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recommendations to the Pilot Board. The meetings and hearings will be informal and carried out as a personnel matter with attendance limited to the Pilot Review Boardmembers, the pilot under review, pilot counsel, any witnesses, Port counsel and any other attendee deemed appropriate by the Chairman. Attendees approved by the Chairman may observe but may not participate.
4. The Chairman of the Pilot Review Board shall preside at and conduct such meetings and hearings and, with the concurrence of the members of the Pilot Review Board, determine the beginning time, recess, and ending of such proceedings. A hearing shall be conducted in substantially the following manner:
A. The Chairman shall read the complaint (or the reported facts of an incident if no complaint is filed) unless the pilot agrees in writing to waive said reading. The pilot has a right to counsel.
B. The Pilot Review Board may present evidence it has gathered or written complaints it has received and call witnesses. The pilot has the right to cross-examine these witnesses. A list of witnesses to be called must be provided to the pilot at least 30 days prior to the hearing All witnesses who testify will be placed under oath.
C. The pilot may present evidence and witnesses. Any written submissions and evidence of the pilot must be served upon the Panel at least 7 days prior to the hearing.
D. The Chairman, or any member of the Pilot Review Board, may question the pilot and any other witness at the hearing.
E. The Pilot Review Board shall consider the evidence in closed session.
F. The Pilot Review Board shall make findings and recommendations by a majority vote of voting members which shall be provided to the pilot at the conclusion of the hearing. The Chairman shall poll the members as to the votes and record the vote of each member. The findings and recommendations shall later be reduced to writing, signed by the Chairman on the Panel, and submitted to the Chairman of the Pilot Board.
G. The pilot shall have 15 days after receipt of the written findings and recommendations to file a written request for rehearing before the Pilot Review Board, or request a full hearing before the Pilot Board as is his/her right as per Section 70.0172 of the Texas Transportation Code. If no such request is received, the findings and recommendations shall be presented to the Pilot Board at the next regularly scheduled meeting with notice to the pilot.
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VII.PENALTIES
The Pilot Review Board may recommend to the Pilot Board the following actions:
1. Letter of Commendation.
2. Take no action; close file.
3. Letter of Caution.
4. Letter of Reprimand.
5. Additional training.
6. Suspension of license for not more than 6 months.
7. Recommend to the Governor of Texas that the pilot’s license be revoked.
VIII.HEARING BEFORE THE PILOT BOARD
1. The pilot has a right to hearing before the Pilot Board pursuant to Tex. Transp. Code § 70.017. The pilot shall be given 30 days written notice of any Pilot Board hearing convened to take action on the findings and recommendations made by the Pilot Review Board as well as notice of the evidence and witnesses to be presented by the Pilot Board or Pilot Review Board at such a hearing. The pilot shall have the right to appear with counsel at said hearing, present evidence and witnesses. The pilot shall provide the Pilot Board Secretary with his/her written submission and evidence at least 7 days in advance of the hearing set by the Pilot Board.
2. The hearing before the Pilot Board shall be transcribed by a Certified Court Reporter and all witnesses shall testify under oath. The hearing shall comply with the Texas Open Meetings Act. The Pilot Board’s order shall be announced orally and reduced to writing and signed by the Chairman of the Pilot Board. The pilot may appeal the orderto District Court for Nueces County as per Section 70.022 of the Texas Transportation Code.
3. At any future proceedings of the Pilot Review Board or Pilot Board, past findings and recommendations of the Pilot Review Board or decisions of the Pilot Board older than 5 years shall not be considered. Past recommendations and decisions less than 5 years old shall not be considered during the proceeding when the Pilot Review Boardor Pilot Board is considering whether the Pilot complied with the standard of care owed
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under the authority of the pilot’s state pilot commission. If a pilot is found to have not complied with the standard of care, the Pilot Review Board or Pilot Board may consider past recommendations or decisions less than 5 years old when considering what Pilot Board action is appropriate under the circumstances.
IX.MARINE CASUALTY NOTICE REQUIREMENTS
1. In the event of a Marine Casualty the pilot(s) shall, in a timely manner, provide written notice of such marine casualty to the Secretary of the Pilot Board. For the purposes of these notice requirements marine casualties reportable to the Secretary of the Pilot Board are limited to: (1) an unintended grounding or and un intended strike (allision with) a fixed structure; (2) an occurrence causing personal injury or death; (3) an occurrence causing property-damage in excess of $100,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage; and (4) an occurrence involving significant harm to the environment as defined in 46 C.F.R. § 4.03-65.
2. The pilot(s) shall cooperate in an investigation by the Secretary of the Pilot Board or members of the Pilot Review Board.
VIII.EFFECTIVE DATE AND AMENDMENT
These amended policies and procedures shall become effective April 17, 2018, and be amended upon adoption by majority vote of members of the Pilot Board and approved by resolution adopted by the Pilot Board.
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