Could new HR policies from OI mean lower hiring standards? These emails say yes

OTTAWA COUNTY — A recently unearthed email from Ottawa County's director of human resources seems to foreshadow policy changes Ottawa Impact representatives are now trying to push through.

Hours after a marathon of meetings Tuesday, Dec. 5, an email in which HR Director Marcie VerBeek cautioned Administrator John Gibbs against hiring Nathaniel Kelly was released. It's at least the second time this year VerBeek has warned Gibbs about a potentially problematic hire for the county.

More: Ottawa County asks state to approve Kelly as interim health director

The Michigan Department of Health and Human Services confirmed Monday, Oct. 9, the county submitted Nathaniel Kelly's credentials and qualifications for review "to serve as interim/acting administrative health officer if current Health Officer Adeline Hambley is removed," despite the recommendation from VerBeek, according to Chelsea Wuth, associate public information officer for MDHHS.

The county also made the move despite ongoing litigation with Hambley — currently before a judge to decide whether a $4 million settlement was, in fact, reached. According to the email, VerBeek told Gibbs in February that Kelly shouldn't be hired because the county's hiring practices weren't followed.

"Per your directive, we have processed Nathaniel Kelly's application," VerBeek wrote in the Feb. 15 email first obtained by MLive/The Grand Rapids Press via a Freedom of Information Act request. "In the policy, there is a clause that states that if the policy is not followed, (the county administrator) must review and authorize in writing any and all exceptions.

"... Either way, we do not have anything in writing to deviate from following the policy," she wrote, adding it required "that human resources ... make a recommendation to move an applicant forward."

Kelly, whom Ottawa Impact officials tried to install Jan. 3 by demoting Hambley, most recently worked as a health and safety manager at a Grand Rapids-area HVAC company. The attempt to appoint him was decried by some as political, pointing to a lack of history in public health.

Ottawa Impact is a far-right fundamentalist group created by now-Board Chair Joe Moss and Vice Chair Sylvia Rhodea after they unsuccessfully challenged the previous board and county health officer over COVID-19 mitigation mandates in 2020 and 2021. OI now controls six seats on the 11-member board.

The group has actively tried to remove Hambley from her position since Jan. 3, when the majority voted without warning to demote her to "interim" health officer. Hambley sued the board in February, claiming the attempt was unlawful and alleging the OI majority has repeatedly interfered with her state-authorized health duties.

In her email to Gibbs, VerBeek said Kelly didn't apply for the health officer position when it was publicly posted in late 2022, and didn't submit an application to the county until Jan. 31 — 28 days after OI commissioners attempted to appoint him. (The job was posted after the resignation of Lisa Stefanovsky, whom Hambley was hired to replace.)

Even if Kelly had applied when the position was last open, "we would not have moved him forward, as he does not have the necessary experience required for the position both by Ottawa County and the State of Michigan," VerBeek wrote.

Alleged age discrimination

Kelly isn't the only candidate VerBeek found problematic. In late October, a new lawsuit — the fourth filed against the county this year — claimed Gibbs committed age discrimination in the hiring of Jordan Epperson as his executive aide.

More: Lawsuit: Gibbs committed age discrimination in hiring executive aide

In that case, Gibbs emailed VerBeek on June 15, instructing her to make an offer to Epperson.

"After much deliberation, I have decided to move forward with the next steps in the process for hiring Jordan Epperson for the senior executive aide position," Gibbs wrote.

The next day, VerBeek asked for an additional meeting with the hiring committee "to discuss options prior to moving forward." Her statements were almost entirely redacted by corporation counsel in response to a FOIA request, but an included chart showed Epperson's qualifications as they compared to the other finalist, Ryan Kimball.

In his lawsuit, Kimball claims Gibbs violated the Elliott-Larsen Civil Rights Act by saying he wanted the 23-year-old Epperson for the job because he was "young" and could be "bossed around." Kimball is 49.

The allegations were made worse during a termination hearing for Hambley, in which VerBeek and former Deputy Administrator Patrick Waterman were subpoenaed to testify. (The hearing has been indefinitely recessed amid ongoing litigation and mediation.)

Waterman, who resigned in July citing a strained working relationship with Gibbs and a "lack of effective leadership" by the new board, was on the selection committee for the executive aide hire, and was copied on VerBeek's communications.

He testified that he was present during the hiring process for the aide position and had concerns about Epperson over "certain behaviors" he showed during his interviews.

"To my recollection, Mr. Epperson raised support for Ottawa Impact in his interviews," Waterman testified Tuesday.

He also confirmed VerBeek's testimony that Epperson refused to shake the hands with the women on the interviewing committee: herself and finance director Karen Karasinski.

"That was one issue," Waterman replied. "There was another issue about ethics. He said, 'Ethics depend on who you are working for.' I thought that was a concerning answer."

The discrimination case has been assigned to Kent County's 17th Circuit Court.

Working around HR

The board's response to the hiring kerfuffle could be handing near-unilateral hiring power to themselves and Gibbs.

During the board's planning and policy committee meeting Tuesday, commissioners were set to review a handful of revised and new policies that give more oversight power to both parties.

Potential updates to the county’s "employee selection policy” include allowing the board or administrator to “directly hire any applicant into any open position,” and, in the board’s case, any new position, “without further process or approvals.” Board hires would require a majority vote, while the administrator could make hires “at his or her discretion.”

The new text would also allow Gibbs to “participate in any part” of the screening process and “choose to eliminate or hire any candidate at any stage."

Changes to the county's employee discipline policy would allow suspensions and terminations to take place without a review by VerBeek.

The policy changes were tabled for legal review after several commissioners said they hadn't passed through the county's legal counsel yet. Gibbs refuted that claim, saying he sent most of them to corporate counsel on June 19, just three days after VerBeek's email outlining concerns about Epperson.

More: 'To vote would be premature': Counsel advises Ottawa County to wait on policy shift

Counsel Jack Jordan later said he received the policies in June and July, but admitted there were some initial concerns and that he sought assistance from outside counsel with expertise on employment policies.

“After consulting with him, some of the same concerns were raised,” Jordan said. “We voiced those concerns. At the time, there was a lot of things going on in the summer. These policies were put on the back burner."

Jordan suggested the committee table the policies before a vote.

“We have not had an opportunity to review, again, these policies and we would recommend and suggest that these get tabled,” he said. “I’m not saying that you don’t discuss it among yourselves, (but give time) for us to then vet it far more than it has been at this point.”

Jordan said he sent a memo on Saturday voicing similar concerns. He told commissioners “there may be things in there that aren't legal” in regards to the hiring and discipline policy updates.

“To vote on them would be premature."

— Sarah Leach is executive editor for The Holland Sentinel. Contact her at sarah.leach@hollandsentinel.com. Follow her on Twitter @SentinelLeach.

This article originally appeared on The Holland Sentinel: Could new HR policies from OI mean lower hiring standards? These emails say yes