From Deseret News archives:
Illegal-termination case dismissed
In documents filed in U.S. District Court, Kathryn Erickson, who now lives in Idaho, maintained she was illegally terminated as the manager of the transportation and road construction agency because she was investigating alleged wrongdoing by county officials.
Two similar claims filed by Erickson and Uintah Special Service District employee Lonnie Hogan of Vernal were dismissed by the court in June 2005.
Erickson worked as the district's general manager from June 1996 through January 2001. In court documents, Erickson alleged she was fired by Uintah County officials because she disapproved of several practices of the district that she believed were illegal and fraudulent. She claimed that in retaliation for her complaints, she was harassed, demoted and ultimately discharged from her position.
An audit of the district in late 2000 turned up numerous problems and questions regarding payments made by the district, along with the propriety of certain contracts entered into by Erickson without approval of the Uintah Special Service District's Board of Directors.
But U.S. District Judge Dale A. Kimball dismissed Erickson's final retaliation claim against Uintah County and ordered Erickson and the county to each pay their own court costs and fees.
"No reasonable jury could conclude that USSD lacked a legitimate justification for terminating Erickson when it did," the judge wrote.
Uintah Deputy County Attorney Ed Peterson said he was pleased to have the final claims dismissed under summary judgment because it shows that the federal court believed Erickson had no facts at issue that would have allowed a court to grant a judgment in her favor.
"It's always been our position that we would be delighted to have that segment of history closed and move on with business," he said.
The federal government, meanwhile, still has pending criminal indictments against Erickson and Gil Mitchell, who face charges of corruption, obstruction and impeding the course of a federal grand jury investigation. Each count carries a possible maximum penalty of up to 10 years in prison and a $250,000 fine.
The case is slated for a jury trial on Jan. 22, but a federal court judge is reviewing a request by Erickson's attorneys to delay her trial by one week.
Prosecutors allege that Erickson, while director of the Uintah Special Service District, falsified documents prior to submitting them in the course of an August 2000 grand jury investigation into the misappropriation of federal funding for road projects in Uintah County. She and Mitchell are accused of falsifying change orders for paving projects by modifying the dates on contracts between the district and Ned B. Mitchell Construction, Inc.
Erickson and Mitchell were the only people charged in connection with the investigation launched by the federal government in 2000 to examine the way the special service district and the county were allocating federal dollars for road projects.
E-mail: lezleewhiting@hotmail.com
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