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April 13, 2004CHARLEVOIX COUNTY: Judge tosses whistleblower lawsuitsProsecutor sued by two employeesByRecord-Eagle staff writer BELLAIRE - A judge dismissed whistleblower lawsuits against Charlevoix County and Prosecutor Mary Beth Kur filed by two employees in Kur's office. Victims assistance coordinator Sandra Ward and office manager Jacqueline Rozema alleged in their lawsuits that they were subject to retaliation and a hostile work environment after giving depositions in another whistleblower lawsuit filed by Kur's former chief deputy prosecutor, John Jarema, in 2003. Thirteenth Circuit Judge Thomas Power ruled Monday that Ward and Rozema's whistleblower suits missed a key element - they hadn't been fired or hadn't resigned from their jobs because of adverse work conditions. Both remain employees of the prosecutor's office on medical leave. Ward and Rozema's attorney, Grant Parsons of Traverse City, said his clients were attempting to retain seniority and pension benefits as they seek other positions in Charlevoix County government outside the prosecutor's office. Power also said that complaints listed by Ward and Rozema did not meet the level of adverse work conditions required by the Whistleblower Act. Both claimed frosty relationships with Kur. Ward said she was not allowed to attend a seminar and was assigned by Kur to audit previous cases. The legal requirements for a whistleblower case "do not extend to every unpleasantness that occurs to the employee around the office," he said. Kur said she was pleased with the lawsuit dismissals. "I have believed from the start that these lawsuits had no merit," she said. "Now it's time to move forward. I've got a job to do. I've been doing it, and I will continue to keep on doing it." Ward and Rozema declined to comment Monday. Parsons said he would appeal the judge's ruling, indicating he believes Power erred in requiring a firing or resignation. "The judge has issued new law in the Whistleblower Protection Act," he said. "Kur got off on a technicality."
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