Whistle-blower claims of ferry workers rejected

A federal jury has rejected claims brought by two men who said they were punished after complaining about what they saw as wasteful spending in the state ferry system.

The jury returned the verdict late Friday, after a two-week trial and a day of deliberation.

Bob Newmon of Quilcene, Jefferson County, an engine oiler aboard the ferry Walla Walla, and Lance Musselman of Mountlake Terrace, an engine oiler aboard the Quinault, were seeking $1.9 million. Newmon said he was suspended without pay for two weeks in 2002, and Musselman said he was fired because they complained about the spending.

Musselman was so upset over losing his job and then his home that he eventually shot himself in the forehead. He survived because the gun malfunctioned and the bullet did not pierce his skull.

The two alleged that they were the victims of an old-boys network within Washington State Ferries in which senior managers were awarded high-paying "special projects" beyond their regular duties and then punished those who criticized their practices.

Two of the named defendants in the lawsuit, Ben Broxon and Carl Allen, made tens of thousands of dollars a year above their base salaries thanks to overtime and special projects, court documents show. Also named was their boss, former director of maintenance Mark Nitchman.

Assistant attorneys general Clayton Ramsey and Lisa Sutton told the eight jurors there were valid reasons for punishing Musselman and Newmon. Musselman had physically threatened his supervisor and Newmon was suspended for refusing to finish a shift, potentially endangering passengers.

The state lawyers said Newmon and Musselman were resentful when Broxon and Allen were awarded special projects and that there's no evidence either reported perceived wrongdoing to proper authorities.