On May 10, 2004, Charlevoix Sheriff Deputy John Bush Jr. responded to a 911 call at the home of Charlevoix County Prosecutor Mary Beth Kur.
According to reports, Deputy Bush transported Kur's son to the hospital. "When talking to the doctor, a statement was made that Stephen Kur had hit his son the night before and attempted to push him down the stairs. It was also stated that both of the parents had been mentally abusive to their son..."
Prosecutor Mary Beth Kur made a phone call that night to Charlevoix County Undersheriff Donald Schneider. The phone call was recorded:
Kur: "(Our son) ended up calling 9-1-1 ....So Bush came out with (Charlevoix City Police Officer) Matt (Umulis)....I don't know Bush very well but if somebody would just please say something about respecting my son's privacy...."
Schneider: "I'll take care of it..."
Kur: "I don't want anything like… I just don't know him well enough to just ask him that..."
Schneider: "I'll take care of Bush..."
According to Deputy Bush, Sheriff Lasater prepared a statement regarding the domestic incident that occured with Prosecutor Mary Beth Kur's son on May 10th. Deputy Bush refused to sign the statement, on the grounds that it was "incomplete and inaccurate."
On June 16, 2004, Deputy Bush submitted a "Standard Domestic Relationship Incident Report," on the May 10th call to Prosecutor Mary Beth Kur's home. On June 16th, Deputy Bush was demoted from road patrol to the county jail. On September 8th, Deputy Bush was dismissed from the Charlevoix County Sheriff Department.
Charlevoix County Politics 101
Kur, Jarema settle lawsuit
Petoskey News-Review (MI)
Wednesday, March 26, 2003
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
John Jarema, the former Charlevoix County chief assistant prosecutor, on Tuesday accepted $50,000 to settle the remaining whistleblower count in the three-count case he brought almost a year ago against the county and his former boss, county prosecutor Mary Beth Kur .
Two counts alleging defamation and invasion of privacy were dismissed earlier by Cheboygan County Circuit Judge Scott Pavlich.
Jarema said today that by agreeing to the "offer of judgment" put forward by the county's insurer, Kur had effectively admitted to his allegations that she had mismanaged her staff's time and thus defrauded the county.
Kur, on vacation in Florida, denied that the settlement amounted to any admission on her part.
Jarema said Kur's attorneys had earlier offered a settlement with a confidentiality clause which he refused. "This is not a settlement that just goes away. She's admitting liability," he said.
Jarema's attorney Grant Parsons said Tuesday that he believed that Kur, as an elected official, could have refused to have a judgment pertaining to allegations of fraud from being entered against her.
"Clearly she preferred accepting that judgment to appearing live at a trial and presenting her case to the public," Parsons told the Petoskey News-Review.
Kur said the offer of judgment was not an admission of guilt and any attempt to portray it as such was wrong and politically motivated.
"Mr. Parsons knows better than that," Kur said. "There is no guilt in civil trial. The judge is not going to make any finding of fact or law by entering the offer of judgment as the final disposition of the case. It's a settlement, that's it.
"Besides, had I vetoed the settlement I would be left without (insurance) coverage."
"The fact is, the insurance company made an offer and they accepted it. That type of misrepresentation smacks of what this case has been about from the beginning, which is politics," Kur said.
Asked today if he intended to run for county prosecutor in 2004, Jarema said:
"Throughout this process people have asked me to run, but I haven't made up my mind. If she thinks I have gained any political advantage by having my name dragged through the paper, she is wrong."
Kur's attorney, Sandra Jasinski, said the settlement offer was based purely on practical financial considerations.
"The insurance company concluded it was cheaper to settle than to continue to trial, even though plaintiff's case was very weak," she said.
She noted that the county has already paid legal fees of more than $157,000 to defend Kur and the county, of which all but $35,000 was covered by insurance.
"The settlement amount is less than one half of the fees and expenses that plaintiff owes his attorney. If, as plaintiff apparently claims, this is a victory, he can ill afford any more victories," she said.
Jarema said Parsons had taken his case on a one-third contingency basis and hence would receive $16,000 of the $100,000 he had billed for his time.
Jarema said, "If she would have admitted she was wrong at the beginning, as I asked her to do before the board of commissioners, it would not have cost the county a dime.
"Kur spent over $150,000 to try and hide the truth, seal the evidence and dismiss the case and then ultimately agreed to a judgment against her."
Jasinski said the jury trial scheduled to begin May 27 on the whistleblower's count would have lasted at least two weeks.
"Plaintiff only accepted the offer after the county and prosecutor Kur filed an application asking the Court of Appeals to reverse Judge Pavlich's order refusing to dismiss the last claim," she said. "Plaintiff would have had to respond to the application in 10 days. He did not want to take the chance that the court of appeals would dismiss his claim.
"If there was a victor in this matter it is not plaintiff, but the citizens of Charlevoix County, because the insurance company's payment of a fraction of what plaintiff wanted ends this dispute and permits the county's elected officials to perform their duties without the distraction of unmerited lawsuits."
In August, Pavlich ruled that Kur could not be held liable for defamation for comments she made regarding Jarema before county officials at public meetings.
Jarema, claiming wrongful dismissal, asked that he be re-instated to his position and awarded over $25,000 in damages.
Kur maintained she decided to terminate Jarema five days before doing so on Feb. 27 and that his termination had nothing to do with notes Jarema kept regarding the comings and going of attorneys in the office.
She said Jarema was dismissed for his work performance and conduct, and had been given the option of resigning rather than being terminated.
Charlevoix County prosecutor's support staff allege Kur, county violated whistleblowers' act
Petoskey News-Review (MI)
Tuesday, April 22, 2003
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - Two employees of the Charlevoix County prosecutor's office have alleged that the county and prosecutor Mary Beth Kur violated the state's Whisterblowers' Protection Act and created a hostile working environment in the prosecutor's office.
The employees, Sandy Ward and Jacqueline Rozema, have been on medical leave since late February. Both are represented by Traverse City attorney Grant Parsons.
In a lawsuit filed last Wednesday in Charlevoix County Circuit Court, Ward alleged she suffered "serious stress, including shaking, and was reduced to tears on numerous occasions," and asked the court to award her compensatory and exemplary damages over $25,000, and legal and court costs.
Parsons said a second lawsuit to be filed on behalf of Rozema and nearly identical to the Ward suit was mailed to the county clerk on Monday. Chief deputy county clerk Cheri Browe said this morning that the Rozema suit had not yet been received.
Rozema, a secretary in the prosecutor's office, is on vacation and could not be reached for comment.
The lawsuits follow a $50,000 settlement last month of the remaining count of a three-county case filed by former assistant prosecutor John Jarema, who alleged wrongful dismissal in February of 2002 and asked more than $25,000 in damages.
The settlement was instigated by the county's insurance company after the defendants incurred over $157,000 in legal fees, of which all but $35,000 was covered by insurance, and faced a court hearing on the final count in May.
Two previous counts in the case alleging defamation and invasion of privacy were dismissed by the judge.
Browe said any costs incurred in defending lawsuits against the county would have to be approved in advance by the county board of commissioners, which meets next at 7 p.m. on Wednesday, April 23.
The Ward suit alleges in the first of two counts that Kur and her staff of assistant prosecutors violated the Whistleblowers' Protection Act by retaliating against Ward, a victim assistance coordinator, for giving an oral deposition under subpoena last October in the Jarema case.
The retaliatory actions cited included harassment, assignment manipulation, verbal comments, gestures, threatening conversations and confrontations.
The suit alleged the county board of commissioners violated the Whistleblowers act by finding the workplace conditions "intolerable" and refusing to "ameliorate," or improve, them.
It stated that on Feb. 26, Ward went on medical leave as a result of the retaliatory conduct at work and remains on medical leave.
In the second count the suit charges that Kur and her associates created a hostile workplace environment "so intolerable that no reasonable person would have been able to work."
It alleged that Ward had suffered "serious stress, including shaking, and was reduced to tears on numerous occasions such that she had to seek treatment."
The count repeated the allegations against the county contained in the first count, and said as a result of the "unlawful employment practices and disregard of Ward's rights and sensibilities," she probably will lose substantial income including wages and benefits.
It said she also suffered significant noneconomic damages, including anger, intimidation and stress.
In response to the filing, Kur issued at statement Monday that read, in full:
"This is a gross misuse of an already overburdened legal system. Sadly, it's an expensive nuisance that the county has to deal with.
"Unfortunately, this is the price we all pay when people who have no case are paid off by insurance companies. All it does is encourage others who have no case to sue too so they can get some money that they too don't deserve."
Kur's reference to claims paid by insurance companies appeared to refer to the $50,000 settlement of the Jarema case, which her attorney Sandy Jasinski said was based purely on practical financial considerations.
However, Jarema contended, and Kur denied, that by agreeing to the "offer of judgment," Kur had effectively admitted to his allegations that she had mismanaged her staff's time and thus defrauded the county.
Parsons said today that Kur's response to the Ward lawsuit was "the worst case of witness harassment I've ever seen and that will be proven in spades."
"When somebody has a judgment entered against them after $157,000 worth of fight and then thinks these people don't have a claim, she has another think coming. And for a person who is an officer of the court, she ought to know better. Kur's response in this mess is really unprofessional.
"If the county had listened to them (Ward and Rozema) and acted like a good employer, none of this would have happened."
Kur countered: "There is no one who takes their responsibilities as an officer of the court more seriously than I do." She declined to elaborate further.
In January the county's three-member personnel committee concluded that allegations of harassment against Kur brought by Ward and three other members of Kur's support staff were insufficient to constitute a violation of county policy.
They concluded that there was little more the committee could do because state law gives elected officials such as Kur full authority over non-economic issues concerning their employees.
Valerie Snyder, a local attorney as well as personnel committee chair, said general allegations of unpleasant working conditions were insufficient to bring a complaint under the policy.
She said the policy was intended to address specific complaints of harassment based on sexual, racial or religious grounds.
Snyder said that while the situation in the office was unfortunate, the complainants had the same options as others working in the public or private sector: Seek an accommodation with the parties involved or find other employment.
An opinion signed Jan. 27, 2003, by all three members of the personnel committee concluded:
"The personnel committee, and parties to this matter, agree that the working environment in the prosecutor's office is not tolerable, in the long run, for anyone.
"To help rectify the situation, the personnel committee is willing to consider transfers of the complaining employees to other county offices, should there be employment openings for which they are qualified.
"This assistance by the personnel committee is offered solely for the purpose of rectifying a difficult situation and is not to be construed in any way as validating the complaints presently before the committee."
Petoskey News-Review (MI)
Thursday, April 24, 2003
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - Since February, Charlevoix County prosecutor Mary Beth Kur has lost all four of her support staff - two to medical leave, one to retirement and one to dismissal for lying on her employment application about her criminal record.
Two of the four positions have since been filled.
Details of the first three departures have been published, but the dismissal of Wendy Viles, a secretary earning about $12.50 an hour, was first made public by Traverse City attorney Grant Parsons in an interview with the Petoskey News-Review on lawsuits involving Kur's current and former staff.
While Parsons, who represents two of Kur's staffers in lawsuits against Kur and the county, would not give details of Viles' dismissal, Freedom of Information Act requests for her personnel file and those of her husband, Henry Dean Viles, revealed the circumstances of her dismissal.
The files disclose that between 1991 and 1992, Viles, now 31, pleaded guilty under her maiden name Wendy Allen to six misdemeanors ranging from registration/plate violation to minor in possession to embezzlement from a video store.
In the affidavit of probable cause, she is alleged to have deleted $113.06 from computer records at Horizon Video of East Jordan and pocketed the money for her own use.
The previous county prosecutor, Kraag C. Lieberman, charged Allen, now Viles, with a felony, but the charge was reduced to a misdemeanor to which she pleaded guilty. She was ordered to pay $1,155.30 in restitution and sentenced to 730 days probation, which she successfully completed.
On her application for employment with the county, dated Jan. 13, 2000, Viles was asked whether she had ever pleaded guilty or no contest to, or been convicted of a crime, to which she answered "no."
A memo by chief assistant prosecutor Jenny Deegan dated Feb. 14, 2003, states that Kur confronted Viles about her criminal history to which she responded that she "did not know."
The Deegan memo states that Viles' husband, Dean Viles, 39, the probation officer for the county district court, attended the meeting and said he had talked to Kur about his wife's convictions. He said Kur told him "it was no problem so long as you don't talk about it."
Kur stated no such conversation took place, the memo said.
Kur then offered Viles the opportunity to resign, and when she refused, she was summarily discharged.
Wendy Viles was one of four support staffers in the prosecutor's office - the others were Sandy Ward, Jacqueline Rozema and Carol Quinn - who filed a complaint on Jan. 8 with the county alleging Kur had verbally assaulted Ward and charged her with disloyalty for giving a deposition in a lawsuit filed by former chief assistant prosecutor John Jarema.
The four also alleged that Kur and the four attorneys in her office had created a hostile work environment for them all.
After the county board of commissioners failed to take action on their complaint, Quinn took retirement, and Ward and Rozema took medical leave within two weeks of each other and filed suits against Kur and the county asking over $25,000 each in damages.
Kur said she had hired Wendy Viles and allowed Rozema to transfer to her department. She said Ward was originally hired by District Court Judge Richard May.
Kur said employees had been hired to fill the positions of Viles and Quinn, but because Ward and Rozema remain on medical leave, their positions have been filled with employees from a temporary employment agency.
Kur declined further comment.
Dean Viles said today that Wendy Viles would have no comment on the matter.
This may explain why Prosecutor Mary Beth Kur contacted Undersheriff Don Schneider, knowing that she could trust him to 'take care of Deputy Bush' following the 911 incident at her home...
Police officers receive medals
Petoskey News-Review (MI)
Tuesday, July 22, 2003
Author: Steve Zucker News-Review Staff Writer
CHARLEVOIX - When Charlevoix County Sheriff George T. Lasater attempted to serve a court order on a man at a Korthase Road home early Sept. 23, he literally came face-to-face with the metal of a shotgun barrel.
Monday, nearly 10 months after the incident, Lasater and four of his deputies found medals pinned to their chests for their actions on that day.
Lasater, Charlevoix County Prosecutor Mary Beth Kur, and four deputies received awards from the National Sheriff's Association in front of a handful of friends, family, elected officials and media gathered in the Sheriff's Department Monday.
Michigan State Sen. Jason Allen R-Traverse City, Charlevoix County Board of Commissioners Chairman Randolph Frykberg, Charlevoix resident Bill Schuiling and Aaron Westrick participated in the presentations.
The awards handed out Monday included the Purple Heart to Lasater; the Medal of Valor to deputies Brian VanMeter and George R. Lasater and Undersheriff Don Schneider; the Medal of Merit to Det./Sgt. Don Sproul and the Sheriff's Award to Charlevoix County Prosecuting Attorney Mary Beth Kur.
The awards were all related to an incident that took place in the early morning hours of Sept. 23 when Lasater and three other officers went to the Korthase Road of John Shulick to serve him with court papers.
As Lasater ascended a stairway in the home, he was met by Shulick who rammed the barrel of a shotgun into Lasater's mouth, knocking out several teeth and knocking the sheriff down the stairs. Schneider, VanMeter and George R. Lasater rushed to the sheriff's assistance. Police from all over Northern Michigan, including a special swat-like team surrounded the building for about a day and a half. Shulick was eventually arrested when he was found hiding in a neighbor's boat.
A jury later convicted Shulick of several criminal charges and he is now serving consecutive 5-10-year and two-year prison sentences.
VanMeter, George R. Lasater, and Schneider received their awards for their actions following the assault on the Sheriff on the morning of Sept. 23.
Sproul's award was for his efforts in the investigation that eventually led to Shulick's conviction. Kur's award was for her efforts in prosecuting the Shulick case.
Following the ceremony, Scheider, who took charge of the incident for its 32-hour duration, said he was especially proud of the actions taken by George R. Lasater and VanMeter as they rushed in from outside the home to come to the sheriff's aide.
And they're off… campaign 2004 starts for prosecutors
Petoskey News-Review (MI)
Friday, January 9, 2004
Author: Steve Zucker News-Review Staff Writer
The August primary election is still nearly seven months away, but races for the office of prosecuting attorney in both Charlevoix and Emmet counties are already heating up as two former assistant prosecutors have announced their intention to replace their former bosses.
In what will likely be a very contentious race in Charlevoix County, former chief assistant prosecuting attorney John Jarema announced Thursday that he will be seeking to unseat his former boss in August. Jarema's announcement comes nearly two years after current prosecutor Mary Beth Kur fired Jarema for disloyalty.
In Emmet County, former assistant prosecutor Shaynee Derrohn Fanara announced late Thursday that, she, too will seek election to her former boss' post. Fanara's announcement came on the same day that current Emmet County Prosecuting Attorney Robert J. Engel announced that he will not be seeking a third four-year term in November. Fanara worked as an assistant prosecutor under Engel for about two years beginning in Oct. 2001. Late in 2003 Fanara left the prosecutor's office and began working with the Klawuhn law firm in Petoskey.
Shortly after his dismissal, Jarema filed a "Whistleblower's Protection Act" lawsuit against Kur and the county claiming that Kur fired him because he was about to make allegations that Kur was mis-managing her office.
Kur said she fire Jarema for his work performance and conduct, and that she gave him the option of resigning rather than being terminated.
In March of 2003, Jarema accepted a $50,000 payment from the county's insurance company to settle the case.
"I think Charlevoix County deserves a proactive in-court prosecutor who is fiscally responsible," Jarema said today, Friday.
Jarema said many people, including law enforcement, elected county official, and members of the community encouraged him to seek the prosecutor's post since his dismissal
"I think they know my trial record and my ability and willingness to go into court," he said.
Commenting on Jarema's announcement, Charlevoix County Prosecutor Mary Beth Kur said, "It comes as no surprise to me that he's finally made it official. As a prosecutor and a community leader, I stand on my record and I am proud of my record. There'll be ample time to talk about things in the next seven months. Right now I'm busy doing the job the people of Charlevoix County have elected me to do."
Kur, 40, was appointed to the position in 1995 after working 2 1/2 years as the county's chief assistant prosecutor. She was reelected after running unopposed in 1996 and 2000.
Jarema, 35, worked for the Charlevoix County Prosecutor's office for seven years from February 1995 to February 2002. For about the last three of those years Jarema was chief assistant prosecutor.
Since both Kur and Jarema will run as Republicans, the race between them will be decided in the Aug. 3 primary election.
Fanara, a Petoskey native, worked as an attorney for the Fraternal Order of Police in Chicago, before moving back to Petoskey in 2000. Before the prosecuting attorney's office, she worked at the firm Stroup, Erhart and Wurster.
So far, Fanara is the only person who has announced an intention to seek the seat Engel will vacate on Dec. 31.
Fanara said she is excited about the prospect of serving the community where she grew up.
"With my diverse experience in the legal field, and passion for Northern Michigan, I am confident that I have the qualities necessary to be an effective prosecutor and strong advocate for the citizens of Emmet County."
Whistleblower suit against prosecutor dismissed
Petoskey News-Review (MI)
Tuesday, April 13, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
BELLAIRE - Grand Traverse Circuit Judge Thomas Power dismissed a pair of cases brought against Charlevoix County and its prosecutor, Mary Beth Kur , by two of Kur's staff under the state Whistleblower Protection Act.
Power said Sandra Ward and Jacqueline Rozema, who remain employees of the county but who have been on medical leave for over a year, had not been fired, resigned or shown "constructive dismissal" - necessary elements for claiming protection under the Whistleblower Act.
Grant Parsons of Traverse City, lawyer for the plaintiffs, said the two chose to remain on staff because they did not want to give up their benefits, such as pension and health care, and had sought employment with other departments in county government.
But, he argued that they had effectively quit because Kur had made working conditions so "intolerable" that they could never work for her again.
Rozema has been an employee of the county for 23 years and Ward for 10.
Ward, the county's victim assistance coordinator, and Rozema, an office manager for Kur, alleged that Kur had created a hostile work environment, and Ward alleged that Kur charged her with disloyalty. Both charges stemmed from depositions each made in a separate Whistleblower lawsuit filed by John Jarema, the former chief assistant prosecutor.
Thomas said the plaintiffs' allegations of intolerable working conditions were perceptions that amounted to hurt feelings and did not rise to a level that would allow him to put them to a jury. He said any damage to the plaintiffs was self-inflicted.
Power heard the case in the Antrim County courthouse after Charlevoix Circuit Judge Richard Pajtas had disqualified himself.
After Power's decision, Kur said she has believed from the start the lawsuits had no merit and were politically motivated.
"I believe these cases constituted an improper use of the court system and have cost an unnecessary expense to the taxpayers of Charlevoix County," she said.
Kur said she could not comment on whether the status of Ward and Rozema as employees of her office had changed without talking with the county's labor counsel.
Kur is being challenged for the prosecutor's position in the Aug. 3 Republican primary by her former chief assistant prosecutor, Jarema, whom she fired two years ago.
In March, 2003, Jarema accepted $50,000 from the county's insurance carrier to settle a remaining Whistleblower count in a three-count case he brought against Kur and the county.
Two counts alleging defamation and invasion of privacy had earlier been dismissed by Cheboygan County Circuit Judge Scott Pavlich.
Judge dismisses plea for reconsideration
Petoskey News-Review (MI)
Friday, April 23, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
Grand Traverse County Circuit Judge Thomas Power has denied a motion to reconsider his summary dismissal of lawsuits brought under the state whistleblower act by two former employees of Charlevoix County prosecutor Mary Beth Kur .
But Power scheduled a May 10 hearing on a motion by the employees' attorney Grant Parsons to amend the cases against Kur and the county.
In his motion, Parsons asked that he be allowed to amend the suits to "add the facts of retirement/resignation, and state more clearly the list of intimidation and harassment that created an intolerable working condition."
Power, who took the cases after Charlevoix Circuit Judge Richard Pajtas disqualified himself, granted summary dismissal of the cases after a hearing in Bellaire earlier this month.
Dennis Taylor, the defendants' attorney, said today, Friday, that he found the plaintiffs' motion to amend to be unusual, because the only new facts in the cases he was aware of were that Sandra Ward, the county's victim assistance coordinator, had resigned, and Jacqueline Rozema, an office manager for Kur, had retired, both after the cases were dismissed.
The two took medical leave 14 months ago but remained as county employees in order to claim health benefits and accumulate retirement time.
"Now they will claim that they are no longer working, but they still can't show adverse conditions sufficient to meet the requirements for an action under the law," Taylor said.
"In denying the motion for rehearing, the judge said we have gone over everything and the motion presents the same issues ruled on by the court."
Taylor said there were more than 900 pages of depositions in the cases, all of which had been reviewed by Power, and Taylor said it was unlikely that anything new of substance could be produced.
"It's all there - discovery is over," he said.
Parsons had said earlier he would appeal the dismissals.
Power dismissed the suits on grounds that the two employees had not been fired, resigned or shown "constructive dismissal," necessary elements for claiming protection under the Whistleblower Act.
He said the employees' allegations of intolerable working conditions were perceptions that amounted to hurt feelings and did not rise to a level that would allow him to put them to a jury.
Power said any damage to the plaintiffs was self-inflicted.
The two had alleged that Kur created a hostile work environment after they gave depositions in a whistleblower lawsuit filed by former chief assistant prosecutor John Jarema.
Jarema is running against Kur for county prosecutor in this year's election.
Kur seeks third term as Charlevoix County prosecutor
Petoskey News-Review (MI)
Wednesday, April 28, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - Mary Beth Kur announced today her intention to seek re-election as Charlevoix County prosecutor.
Kur will be running in the Aug. 3 Republican primary against John Jarema, her former chief assistant prosecutor who is now in private law practice in Charlevoix.
"Our goal in the prosecutor's office is to continue providing aggressive, but fair, prosecution of criminals, while staying within the budget set for us by the board of commissioners," Kur said in a news release.
Kur began her service in the county prosecutor's office in 1993. She said that during her tenure, she turned back more than $134,000 in unused funds to the county's general fund.
Kur said she has received the endorsement of five of the six Charlevoix County commissioners: Randy Frykberg, Dennis Jason, Vic Patrick, Ron Reinhardt and Valerie Snyder.
Shirley Roloff, the sixth county commissioner, said she is not endorsing any candidate in the primaries.
Kur's office was one of only four in the state of Michigan chosen for a pilot project developed in conjunction with state attorney general Mike Cox aimed at reducing domestic violence. Grant moneys obtained have resulted in the hiring of a special assistant attorney general for Charlevoix County, Mike Findlay, who specializes in domestic violence prosecution.
Kur has recently been recognized for her work in the prosecution of domestic violence by Gov. Jennifer Granholm, who has appointed her to the Michigan Domestic Violence Prevention and Treatment Board for a six-year term.
Kur is a board member of the Northern Michigan Child Abuse Council. Since 1995, Kur has also been elected by her peers to serve on the board of directors of the Prosecuting Attorneys Association of Michigan.
Kur's trial work consists of both felony cases and cases in district and family courts. In her career as a trial lawyer, she has never had a conviction reversed by an appeals court.
"Over the past 11 years, I have been a successful advocate in court for crime victims, for children who have been neglected or abused, and for all the citizens of Charlevoix County," Kur said.
"I want to continue my service to the public, because we make a difference. While we cannot undo the effects of a violent crime, a conviction can give victims some peace of mind and allow them to move ahead with life. Being a part of that process is very gratifying to me."
In 2001, she handled the murder trial of a Boyne City man who was convicted of fatally stabbing a boater at the Charlevoix marina. A year later she handled the trial and conviction of man for his vicious and unprovoked assault with a shotgun on Charlevoix County Sheriff George T. Lasater.
She has successfully tried many other violent felons throughout her career, obtaining convictions for many crimes that include child sexual assault, drug trafficking, theft, safe breaking, drunk driving, rape and vehicular homicide.
Kur credits her staff for the successes her office has achieved over the past decade. "Our dedicated staff of attorneys and support personnel are topnotch. They work tirelessly day after day getting the job done for the law-abiding, taxpaying citizens of Charlevoix County."
Kur said she has taken full advantage of available grant dollars over the years. The award of these dollars has allowed an increase in the services her office offers the public with little or no cost to local government. Examples include:
- Child support unit: Grant funding together with the initiative taken by assistant prosecutor Kerry Zahner has resulted in a strengthened child support unit in the office. In the past year, Zahner has obtained hundreds of child support orders for children whose mothers would not otherwise be able to afford the legal assistance she provides. Zahner's entire unit is 66 per cent grant-funded through the federal government.
- Drug Enforcement: Federal grant dollars also fund the Straights Area Narcotics Enforcement (SANE) team and a specialized drug prosecutor that serves in seven counties including Charlevoix. Kur sits on the SANE board of directors as its vice chair.
- Victims Rights Unit: The Victim's Rights Unit of the office is also funded through a grant from the State of Michigan.
Kur holds her bachelor's degree from the University of Michigan. She received her law degree from the University of Detroit School of Law.
Kur lives in Charlevoix Township with Steve Kur, her husband of 19 years, and their two teen-age children.
She is a member of the Charlevoix Lions Club, the State Bar of Michigan, the Charlevoix Emmet Bar Association and she performs periodically with the Great Lakes Chamber Orchestra as a cellist.
Prosecutor Mary Beth Kur to Seek Re-Election
May 2004
Beaver Beacon
http://webcache.googleusercontent.com/search?q=cache:XNilW5HLfFkJ:www.beaverbeacon.com/2004-05-May/Prosecutor_Mary_Beth_Kur_to_Seek_Re-Election.shtml+&cd=1&hl=en&ct=clnk&gl=us
Prosecutor Mary Beth Kur has announced her intention to seek her third term of office. Prosecutor Kur, 41, of Charlevoix began her service in the Charlevoix County Prosecutor's office in 1993. She will run as a Republican.
“Our goal in the Prosecutor's Office is to continue providing aggressive, but fair, prosecution of criminals, while staying within the budget set for us by the Board of Commissioners,” Kur said. During her tenure as Prosecutor she has turned back $134,000 in unused funds to the County's general fund. She has received the endorsement of five of the six Charlevoix County Commissioners.
Kur's office was one of only four in Michigan chosen for a pilot project in conjunction with Attorney General Mike Cox. The grant-funded project is aimed at reducing domestic violence. Grant monies have resulted in the hiring of a Special Assistant Attorney General for Charlevoix County, Mike Findlay, who specializes in domestic violence prosecution.
Prosecutor Kur has recently been recognized for her work in the prosecution of domestic violence by Governor Granholm, who appointed her to the Michigan Domestic Violence Prevention and Treatment Board. Kur is also a Board member of the Northern Michigan Child Abuse Council.
She has been elected by her peers to serve on the Board of Directors of the Prosecuting Attorneys Association of Michigan.
Kur's trial work consists of an array of high-profile, complex felony cases, as well as many cases in the District and Family Courts. In her entire career as a trial lawyer, she has never had a conviction reversed by an appeals court.
“Over the past 11 years, I have been a successful advocate in court for crime victims, for children who have been neglected or abused, and for all the citizens of Charlevoix County,” Kur explained. “I want to continue my service to the public, because we make a difference. While we cannot undo the effects of a violent crime, a conviction can give victims some peace of mind and allow them to move ahead with life. Being a part of that process is very gratifying to me.”
May 10, 2004 -
Deputy John Bush Jr. responded to a police call to the Kur's home after the Kur's son called 9-1-1 reporting a disturbance at the home.
"...According to reports, Deputy Bush transported Kur's son to the hospital. 'When talking to the doctor, a statement was made that Stephen Kur had hit his son the night before and attempted to push him down the stairs. It was also stated that both of the parents had been mentally abusive to their son...'
Recap of Prosecutor
Mary Beth Kur's situation:
-Former prosecuting attorney John Jarema had won a lawsuit against Kur / Charleviox County for her having fired him.
-Other county employees were currently filing lawsuits against Kur, claiming that they were subjected to hostile working conditions.
-And just earlier that day, Grand Traverse County Circuit Judge Thomas Power on Monday postponed a hearing on a motion to amend two civil suits brought under the state's whistle blower act by two former employees of Charlevoix County prosecutor Mary Beth Kur .
-Kur was currently in a contentious election to retain her position as Prosecutor, against former prosecuting Attorney Jarama.
-An allegation of child abuse / domestic violence would not look good for Kur's re-election campaign...Or her appointment on the Michigan Domestic Violence and Treatment Board...Or Kur's position as a board member of the Northern Michigan Child Abuse Council...Or her position with the pilot domestic violence project that the Attorney General had chosen her for.
May 10, 2004 -
Charlevoix Prosecutor Mary Beth Kur makes a phone call to Undersheriff Donald Schneider after Deputy Bush's response at her home to the 911 call made by Kur's son.
Sheriff Lasater and Charlevoix County sued by former deputy sheriff under state Whistleblowers' Act
Petoskey News-Review (MI)
Tuesday, November 30, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
[Excerpts]
Kur: I'm at the Charlevoix hospital right now, or not in the Charlevoix, the Petoskey one. You know why?
Schneider: No.
Kur: (Our son) ended up calling 9-1-1...So Bush came out with (Charlevoix City Police Officer) Matt (Umulis) from the city...And the only reason I was calling you guys is just because I would appreciate … I don't know Bush very well but if somebody would just please say something about respecting my son's privacy.
Schneider: Mary Beth, Mary Beth. I'll take care of it, OK?
Kur: Yes.
Schneider: Mary Beth, I'm your friend. I will take care of it.
Kur: I don't want anything like… I just don't know him well enough to just ask him that.
Schneider: Right.
Kur: And I don't know this other stuff. You know what I'm saying.
Schneider: Yes. I know where you're going...I'll take care of Bush.
Kur: Anyway, I'll just talk to you later, and would you let the sheriff know?
Schneider: I'll take care of it.
Kur: I appreciate it, and I'll talk to you later on.
Schneider: If I could give you a hug right now, I would.
Judge postpones hearing in Kur case
Petoskey News-Review (MI)
Tuesday, May 11, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
BELLAIRE - Grand Traverse County Circuit Judge Thomas Power on Monday postponed a hearing on a motion to amend two civil suits brought under the state's whistle blower act by two former employees of Charlevoix County prosecutor Mary Beth Kur .
Power granted summary dismissal of the suits on April 12. Two weeks later he dismissed a motion to reconsider his decision but set a hearing on the motion to amend the lawsuits for May 10.
On Monday, May 10, Power ordered the hearing postponed until later this month to give defense attorney Dennis Taylor the opportunity to review the motion to amend, filed by plaintiffs' attorney Grant Parsons of Traverse City.
In their suits, Sandra Ward and Jacqueline Rozema charged that Kur created intolerable working conditions in her office after they had given depositions in another case.
On Monday, Parsons told the judge that Ward, the county's victim assistance coordinator, had resigned, and Rozema, an office manager for Kur, had retired, both after the cases were dismissed.
The two took medical leave 14 months ago but remained as county employees in order to claim health benefits and accumulate retirement time.
In his motion, Parsons asked that he be allowed to amend the suits to "add the facts of retirement/resignation, and state more clearly the list of intimidation and harassment that created an intolerable working condition."
Employees' cases against prosecutor Kur continue
Petoskey News-Review (MI)
Wednesday, June 9, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
Civil suits filed against Charlevoix County prosecutor Mary Beth Kur and the county by two of Kur's former employees continue unresolved despite earlier dismissals by Grand Traverse County Circuit Judge Thomas Power.
Power, at a hearing Monday held in Traverse City, granted a motion to allow the plaintiffs' attorney, Grant Parsons, to amend the suits brought under the state's whistle blower act by the former employees, Sandra Ward and Jacqueline Rozema.
Power also granted the plaintiffs' motion to add a count under the state's Persons with Disabilities Anti-Discrimination Act, claiming his clients were disabled as a result of workplace stress.
Ward and Rozema have alleged that Kur created "intolerable working conditions" in her office after they had given depositions in another case, and asked the court to grant compensatory and exemplary damages over $25,000, and legal and court costs.
After the cases were initially dismissed in April, Ward, the county's victim assistance coordinator, resigned, and Rozema, an office manager for Kur, retired.
The two had taken medical leave 14 months earlier, but had remained as county employees in order to claim health benefits and accumulate retirement time.
Power initially dismissed the suits on April 12, and two weeks later dismissed a motion to reconsider his decision.
But Parsons asked Power to allow him to amend the suits to "add the facts of retirement/resignation, and state more clearly the list of intimidation and harassment that created an intolerable working condition."
Last month, Power delayed a hearing on the motion to amend until defense attorney Dennis Taylor had an opportunity to review the motion.
In the initial court proceedings, Kur and the county maintained that the plaintiffs failed to file their cases in a timely manner and had made unspecified claims of a hostile work environment.
June 12, 2004 -
Deputy Bush refused to sign a statement Sheriff Lasater had prepared regarding the May 10, 2004 domestic violence incident at the Kur's home, on grounds it was "incomplete and inaccurate."
June 16, 2004 -
Deputy Bush filed a "Standard Domestic Relationship Incident Report," for the May 10, 2004 domestic violence incident at the Kur's home. Bush requested an arrest warrant be issued for the Kurs for domestic assault on their son. Lasater demoted Bush to duty in the county jail.
Charlevoix prosecutor loses to former employee
John Jarema won lawsuit against Mary Beth Kur
By KEITH MATHENY
Record-Eagle staff writer
August 4, 2004
http://webcache.googleusercontent.com/search?q=cache:4BZpSY68FzAJ:static.record-eagle.com/2004/aug/04pross.htm+&cd=2&hl=en&ct=clnk&gl=us
CHARLEVOIX - Charlevoix County Prosecutor Mary Beth Kur fired her then-chief deputy, John Jarema, two years ago.
Now it's Jarema who will likely be taking over the prosecutor's job, and it's Kur leaving office.
Jarema stunned his incumbent former boss in Tuesday's Republican primary, winning a narrow victory.
Jarema outpaced Kur 2,825-2,661 with only Eveline Township not reporting late Tuesday.
Jarema will be the overwhelming favorite against Green Party prosecutor candidate Ellis Boal in the Nov. 2 general election.
Kur said she called Jarema's home telephone late Tuesday night and left a message on his answering machine, conceding defeat.
Attempts to reach Jarema for comment late Tuesday were unsuccessful.
The Kur-Jarema campaign was one of the most interesting - and contentious - of all the northern Michigan primary races.
Jarema received a $50,000 settlement from the county last year after filing a whistleblower's lawsuit claiming he was fired as he attempted to expose alleged corruption and mismanagement in Kur's office. Kur consistently denied any wrongdoing.
Jarema promised to be a more in-court prosecutor, blasting Kur's record of rarely handling trials herself. Kur, in turn, throughout her campaign said Jarema lacked experience and a grasp of the job's requirements.
Kur heavily outpaced Jarema in campaign fund-raising. She declined to speculate on the reason for her ouster.
"I just decided at the beginning this that I was going to take the high road, run a positive campaign," she said.
"That's what we did and I'm happy with that, although I'm not happy with the result."
East Jordan voter Allison MacKay seemed as enthusiastic about voting against Kur as she did for Jarema.
"I'm going to vote her out," MacKay said, as she headed toward the polls.
MacKay said Jarema "seems more honest, straightforward." She said of Kur, "there's too much politics there."
Jarema narrowly defeats incumbent Kur
Petoskey News-Review (MI)
Wednesday, August 4, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - John Jarema narrowly defeated his former boss, Charlevoix County prosecutor Mary Beth Kur , in Tuesday's Republican primary for county prosecutor by vote of 3,055 to 2,868.
"I'm happy and humbled at the vote. It was a great turnout," said Jarema, referring to the 7,125 voters who turned out for the primary, almost double the number two years ago.
Kur fired Jarema as the county's chief assistant prosecutor in February 2002, alleging poor work performance and disloyalty.
Jarema attributed his victory to the intensive door-to-door campaigning he and his supporters conducted over the past three months.
He said voters had clearly responded to his pledge to be more active in court, reduce staff levels of the prosecutor's office to those of surrounding counties and to re-establish a program of educating young people of the dangers of drinking and driving.
Jarema acknowledged that the campaign had been divisive, with strong feelings on both sides prompting a high voter turnout in the county.
"There's going to have to be a healing process amongst the community and law enforcement," he said.
Kur said she had left a message of congratulations on Jarema's answering machine after the outcome was clear late Tuesday.
"I was disappointed, but the people have spoken," she said, adding she had no immediate plans for her future after leaving the prosecutor's office at the end of the year. "My life will change gears."
Jarema said Kur's message "showed a lot of class. I really appreciated it."
He said the first thing he plans to do will be to meet with members of the prosecutor's office.
"I want to know who is willing to join my team and be a team player," he said.
He said that before taking office he will meet with the police chiefs and officers of the county to learn what they will expect of him as prosecutor.
Jarema said he was not concerned that five of the six county commissioners had endorsed Kur.
"We all have to be on the same page now," he said. He said his dismissal by Kur was rarely brought up by people he met during the campaign.
"It was more about what can I do differently and how can I change things. I think voters were looking for a change," he said.
He said he found voters well informed on the issues, including the number of trials the prosecutor handles personally and the number of staff in the office.
Jarema estimated he spoke personally to more than 1,000 people in campaigning door to door, four nights a week over the past three months.
He credited his campaign manager, Barb Sheets, and his supporters for their hard work on his behalf.
Shortly after he was dismissed as chief assistant prosecutor, Jarema filed a "Whistleblower's Protection Act" lawsuit against Kur and the county claiming that Kur fired him because he was about to make allegations that Kur was mismanaging her office.
In March of 2003, after a judge had dismissed two of three counts against Kur, Jarema accepted a $50,000 payment from the county's insurance company to settle the remaining count in the case.
Currently, Jarema is an associate with the law firm of Joseph, Corcoran, Telgenhof & Snyder P.C. of Charlevoix.
September 08, 2004 -
Deputy Bush was discharged from the Charleviox SD [RE: May 10, 2004 domestic violence call to Kur's residence and his DV report]
Jarema fined for late filing of campaign financing;
Salary for new prosecutor to be cut
Petoskey News-Review (MI)
Thursday, October 7, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - The Committee to Elect John Jarema, Republican candidate for Charlevoix County prosecutor, has been fined a total $4,625 in late fees for filings required by state law in connection with his primary campaign.
Two of the fines, one for $2,000 and a second for $1,625, were assessed by Charlevoix County Clerk Jane Brannon for late contribution reports. Both were due on Aug. 3, the date of the primary, and were received on Sept. 2.
A third fine, in the amount of $1,000, for late filing of a pre-election campaign statement, was due July 27 and was received on Sept. 2.
Brannon said she had assessed similar fines one other time in her 24-year career.
She said the Jarema campaign organization had not yet paid the fines. She said if they are not paid within 60 days they will be turned over the county treasurer for collection.
Committee treasurer Bob Hoffman, a Charlevoix CPA, said the pre-primary report was filed on time and was complete, but when he was preparing the post-primary report he realized a couple of expenditures had been omitted from the original report and he amended it.
He said Brannon has taken the position that the original report was incomplete and therefore invalid, and it wasn't until the amended report was filed that she considered it complete.
"We're asking the state board of elections to review the report as we considered it filed in a timely manner," Hoffman said.
On the second set of penalties, he said all the transactions were reported on the post-primary report but there were two transactions that the committee had failed to report on a late contribution report.
He said that if a committee takes in a late contribution between 15 and three days before an election, it is required to file a late contribution report within 48 hours listing those contribution.
"We failed to do that. It was an oversight. One was a $400 contribution and the other was a loan from John to his committee," Hoffman said.
"We're also asking the state board of elections to review the amount of the penalties to see if they are appropriate in the circumstances."
On a separate matter, the county board is considering reducing the salary of prosecutor from its current $84,700 to about $63,000.
At its meeting of the whole on Monday, the county board of commissioners reviewed budget recommendations for the prosecutor's office for 2005 as proposed by the current prosecutor, Mary Beth Kur .
Jarema defeated Kur in the Aug. 3 Republican primary by a narrow margin. He faces Green Party candidate Ellis Boal in the Nov. 2 general election.
Board chair Vic Patrick said Wednesday the final budget for the prosecutor's office would be adopted at the board's meeting at 7 p.m. on Wednesday, Oct. 27.
He said the board is considering separating the functions of prosecutor and civil counsel, which are now combined. He said a civil counsel could be put on retainer for between $20,000 and $30,000 a year.
Patrick noted that Jarema said during his primary campaign that he could do with fewer people and a smaller budget than in the current prosecutor's office. Patrick also noted that the board can adjust salaries of elected officials before they take office, but can only increase - not reduce - them afterwards.
Patrick said the proposed salary level and functions of the new prosecutor would be in line with those of Emmet County, where the chief assistant prosecutor, Jim Linderman, will presumably take the office of prosecutor on Jan. 1 at a salary of $65,000.
Emmet's prosecutors receive $9,072 in addition to their base salary for appearing on behalf of the state in paternity cases. Emmet also has a separate civil counsel, Kathleen Abbott, whose salary is currently $63,050 a year.
Linderman won the Republican Aug. 3 primary and faces no opposition in the November election. Last month the Emmet County board cut the prosecutor's 2005 salary from the $71,400 paid this year to Bob Engel, who is retiring at the end of the year after eight years in office.
Ellis Boal, the Green Party candidate for Charlevoix County prosecutor, said the county's practice, at least since Richard May was elected prosecutor in 1992, has been to set the prosecutor's salary at an appropriate level for the office, not for the officeholder.
Salary records provided by the clerk's office show that there has been an increase in salary each time a new prosecutor was appointed or elected.
The records show that in 1995, Kur, then an assistant prosecutor earning $41,200, took May's salary of $63,355 when May was named district court judge and she was appointed to fill his position.
Since then Kur has received an average 3 percent annual salary increase.
Both Jarema, a Charlevoix attorney, and Boal, who specializes in labor and environmental law, said they would not drop out of the race just because the board might lower the prosecutor's salary.
Petoskey News-Review (MI)
Thursday, October 28, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - A complaint alleging that John Jarema, the Republican candidate for Charlevoix County prosecutor, and his campaign organization violated state election finance laws has sparked a dispute with the Michigan Department of State.
The initial complaint, dated Sept. 20, and subsequent documents related to it, were made available to the News-Review by Murray Kilgour, a retired law enforcement officer and campaign manager for prosecutor Mary Beth Kur in her unsuccessful Aug. 3 Republican primary race against Jarema.
Jarema is running in the Nov. 2 general election against Green Party attorney Ellis Boal. No Democrat has entered the race.
David Murley of the Department of State's legal and regulatory services administration initially rejected Kilgour's three-count complaint but offered Kilgour an opportunity to refile parts of his complaint with additional evidence.
In the initial complaint Kilgour alleged that:
- Jarema sent form letters in July to absentee voters that contained no information about who paid for the letter, as required by law;
- Jarema used the postage meter of the law firm he works for to mail campaign-related material, without reimbursing the firm; and,
- The income reported by the Committee to Elect Jarema for 2003 failed to match expenditures, "raising serious questions regarding the bookkeeping of the committee."
Kilgour attached photocopies of relevant material to the complaint.
In rejecting the first part of Kilgour's complaint, Murley said the requirements of the law was satisfied if the brochure referenced in Jarema's cover letter contained an identification statement, which it did.
Kilgour responded to Murley on Wednesday, saying that his ruling "seemed" to be at odds with the rules listed in the Candidate Committee Manual, which state that "all printed materials" must contain the identification statement.
Kilgour suggested to Murley that a ruling by the attorney general might be useful.
On use of the law firm's postage meter, Murley said a candidate is not prohibited from receiving goods or services from a corporation, even though a corporation is prohibited from providing them to a candidate, unless it is fully reimbursed.
Murley said that if Jarema's law firm did make an in-kind contribution to Jarema and has not been reimbursed, a complaint could be filed against the firm.
Kilgour responded by filing a complaint against the law firm, Joseph, Corcoran, Telgenhof & Snyder P.C. of Charlevoix.
On the allegations of accounting irregularities, Murley advised Kilgour he could bring the evidence to the attention of county clerk Jane Brannon and prosecutor Kur.
In his response, Kilgour said:
"As Mr. Jarema defeated the prosecutor in the primary election and has so far ignored late filing fines issued by the county clerk's office, there may be conflicts of interest and I respectfully request your involvement in this matter."
Asked to comment on the allegations, Jarema said Wednesday, "It's not unexpected," and he laid the blame on Kur. Jarema said he would have no further comment until he has had the opportunity to review the allegations.
Earlier this month Brannon assessed the Committee to Elect John Jarema fines totaling $4,625 in late fees for filings required by state law in connection with his primary campaign.
Brannon said Wednesday that the fines had not been paid. She said if they were not paid within 60 days they will be turned over the county treasurer for collection.
Committee treasurer Bob Hoffman, a Charlevoix certified public accountant, said he considered that two of the reports were filed in a timely manner and the third was late as the result of an oversight. He said he has asked the state board of elections to review the reports and the amount of penalties as to whether they were appropriate.
Charlevoix County board cuts prosecutor's salary
Petoskey News-Review (MI)
Thursday, October 28, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - The Charlevoix County Board of Commissioners on Wednesday approved the 2005 budget that includes a $22,000 salary cut for the new prosecutor who takes over from Mary Beth Kur on January 1.
Both candidates for the position, Republican John Jarema and local Green Party chair Ellis Boal, were present for the public hearing on the budget.
The salary of the new prosecutor was set at $63,000, down from the $85,000 paid to Kur this year.
Board chair Vic Patrick said the board had decided to separate the functions of prosecutor and civil counsel, which had been combined under Kur, and had earmarked $30,000 to retain civil counsel in 2005.
"We can't have a prosecutor who's involved in a lawsuit against the county acting as our civil counsel," Patrick said, referring to Jarema, the former chief assist prosecutor who defeated Kur in the Aug. 3 Republican primary by a narrow margin.
"We'd still have to hire somebody to defend the county," Patrick said, adding that no decision had been made who might be retained as civil counsel.
County clerk Jane Brannon said that for labor relations alone, the county had spent $33,700 over the last two years for outside legal counsel.
Jarema said the county had retained separate labor counsel for years in addition to civil counsel, and asked whether the board would continue the practice.
"We'll have to wait until after the election to decide," Patrick responded, adding that county had no financial interest in the outcome of the election.
The 2005 budget also retains the $1 annual salary that has been paid to drain commissioner Jo Anne Beemon, who is running under the Green Party banner for re-election against the county's soil and sedimentation officer, Republican Marc Seelye.
During the budget hearing Beemon told the board that she will seek an opinion from the state attorney general opinion on her authority to issues rules and standards for developers.
Last February, Kur advised the commissioners that after a review of state law, she concluded that Beemon had no authority to set and enforce policy on storm water issues in the county. This fall she reaffirmed her opinion in a verbal report to chairman Patrick.
In response to a question from the audience, board member Valerie Snyder, herself a lawyer, said she found no conflict in the work Kur is doing in private practice as a member of a Petoskey law firm and her duties as county prosecutor.
Patrick said that as an elected official, Kur can perform her duties at any time of the day or week.
Boal said that in his view, voters of the county have a right to expect that the prosecutor will be on duty throughout the day, and that any other matters should be attended to during evenings and weekends.
He also said that he believed the drain commissioner should be paid a reasonable salary for the one day a week he or she is required by state law to conduct office hours.
Following the public hearing, the board voted unanimously to approve the proposed 2005 budget.
State election bureau backs Jarema in dispute
Petoskey News-Review (MI)
Thursday, November 11, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
The Michigan Department of State's Election Bureau has again rejected complaints alleging that Charlevoix County prosecutor-elect John Jarema and his campaign organization violated state election finance laws during the just-concluded election cycle.
Allen Telgenhof, of Joseph, Corcoran, Telgenhof and Snyder, the Charlevoix law firm that employs Jarema, said today:
"We're pleased to see that the state of Michigan confirmed what we knew all along, that our firm did nothing wrong and that John did nothing wrong."
The firm had been included in the most recent complaint to election officials.
David Murley of the election bureau's department of legal and regulatory services wrote Murray Kilgour, a retired law enforcement officer and campaign manager for prosecutor Mary Beth Kur , on Nov. 5 that his complaints had been dismissed.
Murley cited reasons he had outlined in his Oct. 14 letter to Kilgour dismissing all three counts of his complaint.
In the October letter Murley suggested that if Kilgour believed Jarema's math in his financial reports was incorrect, he bring it to the attention of county clerk, or if he had evidence that Jarema knowingly filed an inaccurate report, he bring it to the attention of the county prosecutor.
Kilgour responded that because Jarema had defeated Kur in the primary election for prosecutor, there might be conflicts of interest in taking the matter to the prosecutor, and he requested the department of state become involved.
In his Nov. 5 letter, Murley said the department of state had no authority to opine on questions of alleged conflict of interest that certain county officials may have regarding the completeness or accuracy of Jarema's campaign reports.
He said Kilgour may wish to contact the Attorney General for more information.
Regarding Murley's latest suggestions, Kilgour said Wednesday:
"I encourage John to file a complete report, and I trust that the county clerk will look it over to ensure it is accurate and take appropriate action if it is not."
In October Brannon assessed the Committee to Elect John Jarema fines totaling $4,625 in late fees for filings required by state law in connection with his primary campaign.
Brannon said this Wednesday that the fines had not yet been paid.
Committee treasurer Bob Hoffman, a Charlevoix CPA, said last month that he considered that two of the reports were filed in a timely manner and the third was late as the result of an oversight. He said he had asked the state board of elections to review the reports and the amount of penalties as to whether they were appropriate.
With regard to Kilgour's allegations that Jarema had used the postage meter of the law firm he works for to mail political material without reimbursing the firm, Murley wrote Kilgour that the alleged value of the postage appeared to be 37 cents.
Kilgour had submitted a single envelope in his filing as evidence of possible misuse of the law firm's postage meter.
Murley said that Kilgour had contended that Jarema's failure to record the 37-cent reimbursement in his reports was evidence of the law firm's violation of the Michigan law.
"First we note that you have not included sufficient evidence to support your charges," Murley wrote. "Instead of providing copies of Mr. Jarema's committee reports - which, ostensibly, would indicate that he has not reimbursed Joseph, Corcoran (the law firm) $0.37 - you have provided summaries, apparently generated from a home computer. Such summaries do not constitute evidence."
"Second, the fact that Mr. Jarema has not recorded a possible $0.37 reimbursement is, at most, evidence of failing to file a complete and accurate report; it does not suggest that the law firm has made an illegal contribution to the candidate. Thus, your Section 54 complaint against Joseph Corcoran for making a contribution to Mr. Jarema must be dismissed."
In conclusion, Murley wrote:
"The Department will not take any further action on this matter. We trust that Mr. Jarema, the elected county prosecutor and member of the Michigan Bar, has properly recorded all campaign expenses. If he has not done so, he should immediately amend his reports to reflect those expenses.
"If you are not satisfied that Mr. Jarema has filed a complete and accurate report, you should address those concerns to the county clerk. A person who knowingly files an incomplete or inaccurate report could be subject to fines up to $1,000."
County, sheriff named in lawsuit
Former deputy: Kur incident led to his firing
By KEITH MATHENY
Record-Eagle staff writer
Nov 27, 2004
http://archives.record-eagle.com/2004/nov/27suit.htm
CHARLEVOIX - A former Charlevoix County Sheriff's deputy fired in September filed a whistleblower lawsuit against the county and Sheriff George T. Lasater.
John Edward Bush Jr. alleged he was demoted and later fired from the sheriff's department after refusing to sign an "incomplete and inaccurate" police report at Lasater's request.
The report involved a May 10 domestic call at the home of county prosecutor Mary Beth Kur to which Bush responded. In that incident, Kur's 17-year-old son was upset about being pulled out of school by his parents that day. The son later was transported to Northern Michigan Hospital in Petoskey by Bush at Kur's request for a psychological evaluation.
Last week, Kur told the Record-Eagle: "For the past year-and-a-half our family has been dealing with a difficult situation with one of our children. Unfortunately, due to vicious politics, we are not allowed to deal with our problems in private like most families."
Bush's lawsuit alleged he received a call as he left the hospital that day from Undersheriff Don Schneider, telling him "not to say anything about the incident and that the office had been contacted by Kur, who threatened to sue the department if information regarding the incident were revealed."
Kur denied the allegation.
Bush's lawsuit also alleged that Lasater on June 12 supplied him with a statement on the incident for Bush to sign, and that Bush refused because it was "incomplete and inaccurate."
Lasater did not return messages seeking comment last week.
Four days after the alleged encounter with Lasater, Bush filed a report and asked that Kur and her husband, Stephen Kur, be charged with domestic violence.
Bush's report came more than a month after the police response to Kur's home.
Bush alleged he was demoted by Lasater to a position in the county jail the same day he filed his report, then was fired on Sept. 8.
Lasater referred the Kur incident to an investigative team from the Michigan Sheriffs Association, including Grand Traverse County Undersheriff Nathan Alger and Leelanau Undersheriff Scott Wooters. Their investigation was submitted to Delta County Prosecutor Thomas Smithson, who declined to press charges.
Kur called Bush an "ardent supporter" of her Republican opponent for prosecutor, John Jarema, who defeated her in the August primary.
Sheriff Lasater and Charlevoix County sued by former deputy sheriff under state Whistleblowers' Act
Petoskey News-Review (MI)
Tuesday, November 30, 2004
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - Former Charlevoix County deputy sheriff John Bush Jr. has sued Charlevoix County and its sheriff, George T. Lasater, claiming he was wrongfully discharged after he refused to sign a prepared statement about an incident he responded to at the home of county prosecutor Mary Beth Kur .
The suit, filed in Charlevoix Circuit Court by Flint attorney Glen Lenhoff under the Michigan Whistleblowers' Protection Act, demands a jury trial and asks for unspecified economic, emotional and punitive damages.
The suit alleges that a motivating factor in Bush's discharge was the fact that he reported or was about to report a suspected violation of law in connection with his investigation of the incident at the Kurs' home involving one of their two children.
It also alleges that Mary Beth Kur threatened to sue the sheriff's department if information regarding the incident were revealed.
Kur has vigorously denied the allegations about herself, her husband Stephen and her 17-year-old son, and in her defense provided the News-Review with a digital recording of the conversation between herself and Undersheriff Don Schneider in which the alleged threat was purportedly made (see related story).
In late June, Lasater referred all allegations arising from the Kur incident to the Michigan Sheriff's Association for an independent investigation, after which a special prosecutor appointed by the state attorney general concluded there was no basis in fact to believe that Michigan law had been violated and declined prosecution.
The association's investigators - Leelanau Undersheriff Scott Wooters and Grand Traverse County Undersheriff Nathan Alger - wrote a 13-page report discounting the allegations.
It said the incident went unreported until Lasater received a phone call from John Jarema, Kur's opponent for office, indicating there was a citizens group that was concerned about a cover-up by the sheriff's office of the incident.
The report stated that Lasater directed Bush to document the incident, which Bush did after some delay and requested an arrest warrant be issued for the Kurs for domestic assault on their son.
Bush told the investigators he had never done a report at the sheriff's office without a warrant request being attached.
The investigators interviewed the major parties to the incident, including the Kur family, the psychiatrist who had been treating the son, Bush, Lasater, Schneider and other law enforcement personnel.
They reported the case closed and submitted their report to the Charlevoix County Sheriff's Office.
In his disposition, the special prosecutor, Delta County prosecuting attorney Thomas Smithson, said he had reviewed the investigation and concluded that there was "no basis in fact to believe that Michigan law was violated by any person and, accordingly, prosecution in the matter is declined."
Bush's lawsuit, filed on Nov. 18, lists a series of alleged facts that are at sharp variance with the investigative report.
According to the suit, Bush, 29, who had been employed for less than a year by the sheriff's department, responded to a police run on May 10, 2004, to the Kurs home, after the Kurs' son called 9-1-1 reporting a disturbance at the home.
The suit said Mary Beth Kur told Bush that she and her husband had been arguing with their son.
When Bush asked the son what had happened, Bush's suit alleges, the son said he was upset that his parents pulled him out of school without giving him a reason.
Bush then accompanied the boy to Northern Michigan Hospital where they met with his parents.
"When talking to the doctor, a statement was made that Stephen Kur had hit his son the night before and attempted to push him down the stairs. It was also stated that both of the parents had been mentally abusive to their son," the suit says, an allegation disputed to the investigators by the Kurs and the boy's psychiatrist, Dr. Marit Vogel, MD.
The boy was sent from NMH to a hospital in Grand Rapids and from there to out-of-state facilities for 90 days. He has since returned home. Kur told the News-Review that her son has never been in trouble with the law
The suit states that on June 12, Bush refused to sign a statement Lasater had prepared regarding the May 10 incident on grounds it was "incomplete and inaccurate."
However, when interviewed by the investigators Bush failed to mention any report that had been prepared for him and only discussed the circumstances of his own report.
On June 16, the day that Bush filed a "Standard Domestic Relationship Incident Report," Lasater demoted Bush to duty in the county jail.
On Sept. 8, Bush was discharged, according to the suit.
In his suit, Bush maintained that at all times during his employment with the sheriff's department, he was an excellent deputy sheriff and performed his duties "competently and professionally."
Bush claimed he suffered economic loss and emotional distress damages as a result of the incident.
Under the Whistleblowers Act, it is unlawful for an employer to discharge an employee because the employee reports or is about to report a suspected violation of law.
Bush also alleges that he was exercising his First Amendment rights in refusing to make an inaccurate and incomplete statement about the incident, and that a substantial cause for his demotion and discharge was the exercise of those rights.
Kur, who is the county's prosecutor and civil counsel, said she will not be handling the case and that it has been turned over to the county's insurer. No date has been set for trial.
In a statement, Kur said, in part:
"It is true that John Bush was dispatched to my home on May 10, 2004, and at my husband's and my request, he transported our child to the hospital. No crime was committed. No arrests were made. No interviews were done by Bush. No referrals to child protective services (which would have been required by law had there been a legitimate concern about abuse) were made by Bush or hospital officials. No one was injured."
She said that accusations of a cover-up were politically motivated, and that Bush had dragged her family "through the mud in a vicious and slanderous way, all apparently for his own personal gain."
Lasater told the News-Review that he turned Bush's allegations over to the Michigan Sheriff's Association to investigate objectivity and without any signs of favoritism. Beyond that, he said he would make no comment on the lawsuit until he had been authorized to do so by the attorneys representing the county.
Kur was narrowly defeated by Jarema, her former chief assistant prosecutor, in the Aug. 3 Republican primary. Jarema went on to defeat Green Party candidate Ellis Boal in the Nov. 2 general election.
After Kur fired him in February of 2002, Jarema filed a three-count suit under the Whistleblowers Act, alleging Kur had mismanaged the office of prosecutor. Two of the counts were dismissed in court and the third was settled.
Threat to sue?
Here is the full text of the conversation between a highly emotional Mary Beth Kur and Charlevoix County Undersheriff Donald Schneider shortly after the incident at her home where sheriff deputy John Bush had been dispatched. Only the name of the Kurs' son has been omitted.
Schneider: MBK?
Kur: OK
Schneider: How we doing?
Kur: Not very well.
Schneider: Well, that's understandable.
Kur: I'm at the Charlevoix hospital right now, or not in the Charlevoix, the Petoskey one. You know why?
Schneider: No.
Kur: Oh. My son, he's is, he's got some mental health issues and his dad went to get him out of the school today to take him for a drug test and he got very violent and wouldn't do anything and ended up… He's bipolar, I don't know if you know anything about that, but he didn't take his medicine. (Our son) ended up calling 9-1-1 and telling them he wanted somebody there to come to our house to take him to school because he wanted to go back to school and he was just completely irrational. So Bush came out with (Charlevoix City Police Officer) Matt (Umulis) from the city and I had the psychiatrist on the phone and she directed him to take him here to the ER, which is where he's been for most of the afternoon and they're admitting him to a hospital down in Grand Rapids. And the only reason I was calling you guys is just because I would appreciate … I don't know Bush very well but if somebody would just please say something about respecting my son's privacy.
Schneider: Mary Beth, Mary Beth. I'll take care of it, OK?
Kur: Yes.
Schneider: I'll take care of it.
Kur: I mean, my head is going in a million different directions after the weekend, and …
Schneider: I know. I understand.
Kur: And all that. I'm sorry.
Schneider: Mary Beth, I'm your friend. I will take care of it.
Kur: OK.
Schneider: OK? You just take care of your…
Kur: I don't want anything like… I just don't know him well enough to just ask him that.
Schneider: Right.
Kur: And I don't know this other stuff. You know what I'm saying.
Schneider: Yes. I know where you're going. You just take care of your son and I'll take care of Bush.
Kur: OK. He's been great. And he's in there with him and they won't leave him alone. He just goes crazy sometimes.
Schneider: OK.
Kur: Anyway, I'll just talk to you later, and would you let the sheriff know?
Schneider: I'll take care of it. You just take care of your son.
Kur: OK.
Schneider: And I'll keep you in my prayers, bud.
Kur: I appreciate it, and I'll talk to you later on.
Schneider: Are you going to be available tomorrow then, or no?
Kur: Yes. I'll be there. There's nothing we can do the first 24 hours he's at this place I guess. I'm still going to do that.
Schneider: If I could give you a hug right now, I would.
Kur: Well thanks. I appreciate it. I could use it.
Schneider: I'm sure you could.
Kur: OK. I'll talk to you later then, and I'll see you in the morning.
Schneider: Okey-doke. Take care. Bye bye.
Jarema files suit against county clerk
Petoskey News-Review (MI)
Thursday, December 23, 2004
Author: FRED GRAYNEWS-REVIEW STAFF WRITER
CHARLEVOIX - The law firm that employs Charlevoix County prosecutor-elect John Jarema and represents "The Committee to Elect John Jarema for Prosecutor" has sued county clerk Jane Brannon, asking a judge to void $4,625 in fines Brannon leveled against the committee for late filings.
Mary Beth Kur , the current county prosecutor who leaves the office to Jarema at year's end, says the Petoskey law firm she recently joined, Schmoll, Martin and Kur PLLC, had been retained to defend Brannon.
Brannon said she had no immediate comment on the suit, but one of her attorneys, Fred Schmoll, said today that he had reviewed the documents and concluded "the whole thing is frivolous, in my opinion."
"The law is very specific when somebody violates it," he said. "It says the clerk shall assess a fine and goes so far as to specify how the fines must be assessed. The clerk merely plugs the facts into the formula and assesses the fine."
In October, Brannon assessed The Committee to Elect John Jarema a total $4,625 in late fees for filings she said were required by state law in connection with his primary campaign.
Two of the fines, one for $2,000 and a second for $1,625, were assessed for late contribution reports. Both were due on Aug. 3, the date of the primary, but Brannon said they were received on Sept. 2.
A third fine, in the amount of $1,000, was assessed for late filing of a pre-election campaign statement, which was due July 27 and Brannon said was received on Sept. 2.
Brannon said she had assessed similar fines one other time in her 24-year career.
Shortly after Brannon filed the assessments, Bob Hoffman, a Charlevoix CPA and treasurer of the Committee to Elect Jarema, told the News-Review that the pre-primary report was filed on time and was complete, but when he was preparing the post-primary report he realized a couple of expenditures had been omitted from the original report and he amended it.
He said Brannon took the position that the original report was incomplete and therefore invalid, and it wasn't until the amended report was filed that she considered it complete.
The suit against Brannon was filed Friday by Allen Telgenhof of the law firm Joseph, Corcoran, Telgenhof & Snyder P.C. of Charlevoix, on behalf of the Committee to Elect Jarema.
Telgenhof argued that the loans and contributions in question were actually "received" by the committee prior to the date of the statements and were therefore not late under the terms of the Michigan Campaign Finance Act.
Telgenhof said the act allows amended statements to be filed that list loans and contributions not included in the original filings.
He alleged there were "clear violations of the act" in the campaign finance statements filed by Jarema's opponents, Kur in the Aug. 3 Republican primary, and Green Party candidate Ellis Boal in the Nov. 2 general election.
Kur, who was not fined, and her treasurer Bill Gnodtke disputed the allegation that her reports contained errors. Kur noted that Telgenhof did not include any specifics in the suit to back his allegations.
Boal, the Green Party candidate, was fined $75 for filing a late contribution report when the treasurer of his campaign committee brought the error to Brannon's attention.
Telgenhof asked Judge Pajtas to issue a declaratory judgment vacating (voiding) the fines as "improper" and to allow "such other and further relief as may be equitable."
In a separate count, he asked the court to issue a "writ of Mandamus" compelling Brannon to accept the committee's filings and rescind the fees imposed.
Sparring continues in former Charlevoix County prosecutor civil case
Petoskey News-Review (MI)
Friday, May 6, 2005
Author: Fred Gray, News-Review staff writer
CHARLEVOIX - Grand Traverse Circuit Judge Thomas Power cautioned attorneys on Thursday against allowing the trial of civil suits against Charlevoix County and its former prosecutor Mary Beth Kur to turn into a rehash of the political disputes between Kur and the current prosecutor, John Jarema.
Power is hearing the combined suits of Kur's former employees Jacqueline Rozema and Sandra Ward, who allege they were made victims of "serial retaliation" and "workplace violence" by Kur for testifying under subpoena during a Whistleblowers lawsuit brought by Jarema against Kur and the county in 2002.
Power said the proper way to fight a political dispute is through the election process, not in a trial.
"Both parties have wanted to fight a political dispute. I will not let you expand the lawsuit," Power told attorneys for both parties.
Trial of the combined cases, which Power once dismissed but allowed to continue on a technicality, began Tuesday in Charlevoix Circuit Court, where it is being heard on assignment. It will resume on Monday and is expected to conclude on Tuesday or Wednesday.
During proceedings on Thursday, Power turned down a motion for mistrial brought by plaintiffs' attorney Grant Parsons of Traverse City. Parsons said Power's statements on avoiding a rehash the Kur-Jarema political disputes, made out of hearing of the six-member jury, could prejudice his clients' right to a fair trial.
Power also refused to grant Parsons' motion for a gag order on members of the media who might report the judge's comments that could be read or heard by members of the jury.
Power later repeated his earlier instructions to the jury not to listen to or read accounts of the trial until it is over.
Parsons has alleged that Ward and Rozema, former members of Kur's support staff, suffered a combined economic loss of more than $857,000 as well as extensive non-economic loss for stress and health problems related to the stress.
He said the county had actual knowledge of the "intolerable" working conditions his clients worked under and took no action to remedy the situation.
Parsons alleged that his clients' problems arose after Kur discovered in February of 2002 that then-chief assistant prosecuting attorney Jarema was planning a Whistleblower's suit over his belief that Kur was submitting fraudulent timesheets.
Neither Ward nor Rozema was terminated by Kur, but they claimed they were forced to leave their jobs because of the treatment they received.
During testimony this week, Ward and Rozema gave examples of what they believed to be retaliation taken against them, which included having to attend regular staff meetings and having to implement and enforce a confidentiality policy. Expert witnesses also testified as to the plaintiff's medical conditions and treatments.
In cross examination, defense attorney Dennis Taylor sought to portray Kur's actions as those of a competent and responsible manager, and not retaliatory.
Jarema is now Charlevoix County prosecutor after narrowly defeating Kur in the August 2004 Republican primary and Green Party candidate Ellis Boal by a substantial margin in the November election.
Marquette prosecutor testifies in Ward, Rozema case; Says Kur acted appropriately in managing support staff
Petoskey News-Review (MI)
Tuesday, May 10, 2005
Author: FRED GRAY NEWS-REVIEW STAFF WRITER
CHARLEVOIX - Marquette County Prosecutor Gary Walker on Monday testified as an expert witness on behalf of Charlevoix County and its former prosecutor Mary Beth Kur in the combined civil suits brought by two of Kur's former office staff.
Walker, who heads a prosecutor's office twice the size of Charlevoix's, gave lengthy testimony about what he as a prosecutor of 31 years expected of his support staff, and compared his expectations to those of Kur during her nine-year tenure as prosecutor.
Walker said he had reviewed the volumes of depositions taken in the case and concluded that Kur had maintained professional standards in all of her office policies.
The plaintiffs in the case, Jacqueline Rozema and Sandra Ward, allege they were made victims of "serial retaliation" and "workplace violence" by Kur for testifying under subpoena in a Whistleblowers lawsuit brought against Kur and the county by John Jarema after he was fired as chief assistant prosecutor in 2002.
Jarema was elected Charlevoix County prosecutor last year.
Plaintiffs' attorney Grant Parsons of Traverse City has alleged that Ward and Rozema suffered a combined economic loss of over $857,000 as well as extensive non-economic loss for stress and health problems related to the stress.
Walker said the examples of harassment and retaliation cited by Rozema and Ward were standard and appropriate management practices.
He said, for example, he considered it critical that a prosecutor's professional and clerical staff adhere to confidentiality and phone answering policies.
"If I cannot rely on my staff to work with me and one of them violated my confidentiality policy, I would not hesitate to reprimand that person," Walker said.
He said he found it "incredulous" that an employee who had worked as long as Ward had in the prosecutor's office would say she did not understand the prosecutor's confidentiality policy.
He said the "audit" of cases that Ward, as the county's victim advocate, had been asked to do, was reasonable and not an act of retaliation, and that requiring attendance at regular staff meetings and similar practices could not be characterized as harassment.
Asked how he would characterize the atmosphere in Kur's office between October 2002 to March 2003, Walker said:
"People were unhappy that (the Jarema) lawsuit had been filed and had chosen sides. It was a source of conflict and created a great deal of tension in the office."
Asked whether Kur's response to certain allegations that she was "not going to take this lying down" constituted a threat to her staff, Walker said the prosecutor's office is political and political accusations had to be dealt with.
"I find it appropriate that she said she intended to refute the allegations," he said, adding he found it "unreasonable" that either Rozema or Ward should take Kur's language as a threat.
When Parsons asked whether defense attorney Dennis Taylor had discussed Walker's upcoming testimony with him, Walker said he had and found it "preposterous" to believe that those conversations should not have taken place.
Walker took the stand in mid-afternoon of the fourth day of the trial as defense's first witness.
Earlier in the day the seven-member jury, one of whom will be chosen as an alternate, viewed a two-hour videotaped deposition of Lisa Irish, a mental health nurse who treated Rozema.
Irish, who at the time of treatment had maintained a practice in Petoskey, was deposed by telephone from Arizona where she now works for a Native American tribe.
When defense attorney Dennis Taylor asked Irish to cite specifics to back her conclusions about Rozema's conditions, Irish said she no longer remembered what they were and was unable to find reference to them in her notes.
"I am sure I knew them at one time. I can't remember them now but I would not have come to an assessment without having known them. Professionals record assessments without recording the details. That does not lessen the accuracy of the assessment," she said.
Irish admitted that the sole basis for her opinions was what Rozema told her.
