Suit against city settled out of court
A federal lawsuit against the city of Washington by a former firefighter has been settled out of court, but whether the former city solicitor will face sanctions or a perjury charge in the case is not known.
The attorney for Victoria Bozic and city officials indicated the matter “was settled amicably” May 9 but declined further comment.
A minute order by U.S. District Court Judge Mark Hornak indicates a financial settlement in the case although the amount was not disclosed.
The city has yet to sign off on the settlement.
Bozic was hired as a city firefighter in 2008 and, as part of her employment, was required to live within a 7 1/2-mile radius of the Washington County Courthouse. At a Feb. 26, 2009, hearing, Bozic was told her work performance was insufficient. Bozic also gave city officials a false address and embellished her statement with other false comments such as her decorating and repair plans for the home. She later admitted those statements were a fabrication; she had never lived at the address and had no plans to live there.
As a result, Bozic lost her job. However, she sued the city, claiming she was fired because of her gender.
The 2009 hearing was audiotaped by former city solicitor Lane Turturice, but in a number of depositions and affidavits he indicated the tape was destroyed by being taped over.
Noting its importance as evidence, Hornak sanctioned the city, requiring it to reimburse Bozic for court costs and 10 hours of her attorney’s time.
In January, Turturice located the tape in his office desk and testified in court April 11 that he had located it. Hornak stopped the proceedings, advising Turturice to have his counsel present.
When the hearing resumed later that afternoon, Hornak explained there was a prima facie case that Turturice had committed perjury in court and said he was attempting to determine if that matter should be referred to the U.S attorney’s office.
Turturice did not immediately return a telephone call seeking comment. His attorney, Laura Beth Gutnick, was in a conference and not available for comment.
A spokeswoman for the U.S. attorney’s office declined to comment.