New chapter: Ottawa County and health officer start over

OLIVE TOWNSHIP, Mich. (WOOD) — When Adeline Hambley’s lawyer went into the Ottawa County board room Monday to enter mediation with the county’s legal counsel, she knew that if her client was going to remain the county’s top health officer, she would need to be protected going forward.

“It was absolutely a priority,” Sarah Howard, Hambley’s attorney, told News 8 Tuesday morning. “There’s no predicting what’s going to happen in the future… My client has wanted nothing more than to stay and lead this department.”

After more than 12 hours of mediation, both sides agreed on a settlement in which Hambley would stay on the job. It included what Howard wanted: a section stating that if the board brings charges for termination against Hambley again before January 2025, the board would not have the power to fire her. An arbitration panel would instead determine Hambley’s fate with three members: one chosen by Hambley, another by the county and a mediator.

After a yearlong dispute, Ottawa County’s health officer is staying

“The fact we were able to come to a resolution is really best for everyone,” Howard said. “This gives my client some peace of mind and protection.”

Howard said that while the protection will allow Hambley to concentrate on her job, Hambley remains “committed to trying to work out any differences with the board.”

Michael McDaniel, a constitutional law professor at Cooley Law School, told News 8 that while arbitration panels are common for private companies, they are rare for government employees.

“Arbitration panels like this in employment matters happen all the time but usually with private corporations where you’ve got individuals who are more than at-will employees,” McDaniel said.

In an interview with News 8 on Tuesday, David Kallman, the county’s legal counsel, said he favored arbitration because it would be quicker than going through a legal fight once again.

“We’re not expecting anything to come up,” Kallman said. “If it does, then we’ve all agreed it’d be a good way to go to arbitration. Many civil disputes get handled this way. It’s a common thing. So we thought that was a positive suggestion.”

PDF: Agreement between board and Hambley

When conservative political action committee Ottawa Impact took a majority Board of Commissioners, the board voted in its first meeting in January 2023 to remove Hambley from her role in their first meeting. Hambley sued, saying it was illegal to oust a health officer in such a manner.

As that legal fight dragged on, the board held a termination hearing in October, accusing Hambley of incompetence, misconduct and neglect of duty for telling the public the health department would be forced to close over a significant proposed budget cut. But after two days of testimony, the board never voted on removing her. That instead kicked off settlement negotiations. Howard later tried to get a court to hold the county to a $4 million settlement that she said both sides agreed on. Kallman disputed that claim and a judge ultimately shot down Howard’s request.

Both sides eventually agreed to hire a mediator to handle their dispute. The mediation on Monday finally led to a breakthrough and the settlement.

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A Muskegon County judge approved the deal on Tuesday morning, Kallman confirmed. The board has dropped all charges against Hambley and she agreed to drop her lawsuit. The court still must decide how much, if any, will be owed in attorney’s fees.

Kallman told News 8 the possibility of Hambley keeping her job was always on the table, but many issues had to be sorted out, including the health officer dropping her lawsuit. He said the mediator, Grand Rapids attorney Tom Behm, was even-handed and “did a fantastic job.”

“Things fell into place. The mediator was very effective with both sides to lay out, ‘Here’s the reality of the situation and this is a way to move forward,'” he said.

Kallman said he is “very pleased” by the outcome.

“I think it’s a good way to move forward for the county,” he added.

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In a Facebook post Monday night, Board Chair Joe Moss wrote that commissioners “will continue to provide oversight of the Health Department, prioritizing freedom and the individual rights of the people.”

“We will continue to build Ottawa County to be a place Where Freedom Rings and individuals and families thrive!” he wrote.

As both sides go back to square one, Hambley’s attorney hopes it’s a new beginning.

“She’s thrilled to be in this place and to be finished with this chapter,” Howard said.

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