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May 14, 2005

Verdict: $1.1M

Jury finds in favor of whistleblowers

By
Record-Eagle staff writer

      CHARLEVOIX - A jury awarded $1.1 million in lost wages and punitive damages to two former county employees who said then-county prosecutor Mary Beth Kur created a hostile work environment for them.
      "It sends a huge message to Charlevoix County employees and to Charlevoix County, that elected officials should be held accountable for how they treat people," said former victims assistance coordinator Sandra Ward, who won the judgment along with former prosecutor's office manager Jacqueline Rozema.
      Kur and Charlevoix County were defendants in the seven-day jury trial, which concluded Thursday.
      Ward and Rozema alleged Kur "retaliated" against them after they gave deposition testimony in a whistleblower's lawsuit filed against Kur and the county by former chief deputy prosecutor John Jarema. Both Ward and Rozema left their jobs in early 2003, citing stress-related medical reasons.
      "There was an intolerable work environment," Ward said. "There was harassment, intimidation and retaliation."
      The lawsuit also alleged county commissioners admitted the working situation in the prosecutor's office was intolerable, but took no action to remedy it.
      Kur said she was "very surprised and very disappointed" by the jury's verdict. Kur and the county's attorney, Dennis Taylor of Traverse City, said he "definitely will be pursuing post-judgment remedies," declining further elaboration.
      The attorney representing Ward and Rozema, Grant Parsons of Traverse City, said he could "almost guarantee" the jury's verdict will stand.
      Parsons said the jury saw witness after witness for Kur and the county "misstating facts and not trying to get to the truth."
      "Kur warned the county to stay out of the way - 'These people serve at my pleasure, now butt out,'" Parsons said. "If this doesn't send a message to counties that they are responsible for what goes on with their employees, I'd be flabbergasted."
      Kur fired Jarema as chief deputy prosecutor in February 2002 after he alleged other attorneys in Kur's office were being paid for hours they weren't working. Kur denied the allegation, saying Jarema was fired for disloyalty and divisiveness.
      Jarema filed a whistleblower's lawsuit against Kur and the county, and ultimately received a stipulated judgment for $50,000. Jarema is now the county's prosecutor; he defeated Kur in the August 2004 Republican primary and Green Party candidate Ellis Boal last November.
      "For two years I felt terrible, because I could see how it affected (Ward and Rozema) for giving truthful testimony in my case," Jarema said. "What is sad is, the residents of Charlevoix County are missing two highly qualified and dedicated workers."
     

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