4:28

PM EST February 16, 2017 Jordan Ferrell

Former TOTE crewing manager hints at

deficient vetting process, frustrations
aboard the El Faro
The third round of Marine Board hearings on the sinking of the SS El
Faro continued Thursday morning with the swearing in of former TOTE
crewing manager, Melissa Clark.

Clark began her testimony by explaining to the board her

responsibilities as crewing manager for TOTE. Since May of 2005, Clark
has been involved in checking credentials of potential mariners and
assigning both licensed and unlicensed crew members to vessels in the
eet.

Clark said her department within TOTE consisted of herself and two
crewing assistants, who were responsible for the vetting of unlicensed
and licensed crew members prior to their employment. According to
Clark, she felt “at times she could have used additional sta .”

When questioned about the workload in regards to El Faro, Clark

testi ed that she was not given additional help prior to its sinking.

Marine Board Member Keith Fawcett cross-examined Clark on how

TOTE would determine the suitability of a seafarer prior to their
assignment on a vessel. According to Clark, the director of human
resources and member relations would vet senior o cers, such as Capt.
Davidson, who was master of the El Faro when it sank.

Prior to his employment with TOTE, Davidson had worked for another
Jacksonville-based marine shipping company known as Crowley
Maritime. Davidson resigned from his position at Crowley and took a
position with TOTE as third mate aboard the El Morro.

“Captain Davidson’s documents were in order and he had sailed with us

before,” said Clark when asked about choosing Davidson, who had
previously been employed with TOTE as naval master. According to
Clark, Crowley was never called in regards to obtaining his work
experience with the company.

When questioned about this hiring process as it pertained to Davidson,

Clark explained that this was not typical. She said that Davidson had
requested the position of master, but due to a lack of openings, o ered
to take the lower position. After some time, Davidson moved from third
mate aboard the El Morro to master of the vessel.

“My dealings with Captain Davidson were regarding crewing and so, I
would not have judged his suitability as a master,” said Clark, when
questioned about his promotion.

Clark was asked about a “divide and conquer” plan that had previously
been discussed during testimonies without much avail. Clark testi ed
that the plan was a way of “setting expectations in regards to the crew
and making sure policies were being followed and enforced.” Clark
further explained that the plan was an “attempt to get away from the
licensed versus unlicensed, us versus them mentality.”

When asked how this plan was disseminated amongst the crew aboard
El Faro, Clark said that it was discussed among senior o cers. When
questioned about how many crew issues the El Faro had in regards to
other vessels in the eet, Clark was unable to recall.

“I was noti ed that the DPA had received an anonymous phone call and
photos were provided,” said Clark, when questioned about the El Faro
chief mate that had been caught sleeping on several occasions. “As far
as the investigation went, I’m not sure. I had very little participation in
that.”

When asked about TOTE personnel les, as it pertained to a lack of

disciplinary records, Clark was unable to o er much assistance. Clark
acknowledged that the les were audited though and said there should
be a record of those audits on le.

Clark testi ed that TOTE would not ask a crew member prior to their
sta ng if they had a pre-existing medical condition or if they were
taking prescription medicine. When it came to handling work
performance issues that could pertain to a medical condition, Clark said
TOTE had in the past required crew members to see a physician.

In regards to the chief mate, Clark said they were never required or
asked to see a physician after the incident was addressed.

Coast Guard Capt. Jason Neubauer, the presiding member in the Coast
Guard Marine Board Investigation, proceeded to cross-examine Clark
on her generalizations of Davidson, as it pertained to his title as master
with TOTE.

“There were times that I would be aboard the ship and would receive
comments, general comments in passing,” said Clark. “Without
receiving speci c information they left me with a sense that they were
frustrated.”

Clark said that she would hear these comments made by cooks,
stewards, able seaman and senior o cers.

“There was a reluctance to give speci c details, a reluctance to make

formal complaints,” said Clark, when asked by Neubauer if the
comments were related to treatment. “So, when they would make
comments, I would ask questions and wouldn’t get anywhere.”

According to Clark, these nondescript comments didn’t make her more

concerned with Davidson as opposed to other TOTE captains due to
their lack of substance. In addition, she said she would hear similar
comments made aboard other vessels in the eet.

Clark was further cross-examined about crew issues aboard the El Faro
by NTSB representative Carrie Bell. In regards to the “divide and
conquer” plan, Clark explained that it was an attempt to make the crew
members feel more comfortable about bringing issues forward. Clark
said she would instruct those who felt disgruntled to “anonymously”
contact the TOTE designated person ashore (DPA), who would have
been Capt. John Lawrence at the time when the El Faro sank.

During prior testimony from former El Faro Able Seaman Marvin

Hearman III, it was revealed that he had contacted Lawrence to inform
him of the El Faro chief mate sleeping while on watch. Hearman
testi ed that he used an anonymous mode of transmitting images to
Lawrence due to fear of losing his job. Lawrence, a day prior to
Hearman’s testimony, referred to this line of communication with
Hearman as a “game of texting.”

TOTE attorneys, in response to Hearman’s testimony, questioned his

prior decision to anonymously contact the DPA and shortly thereafter
released a statement refuting the comments he had made.

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