Gibbs warns of consequences, should OI attempt to fire him

OTTAWA COUNTY — Is the Ottawa County Board of Commissioners already souring on its new administrator?

In an email to Board Chair Joe Moss on Monday, Jan. 15, an attorney representing John Gibbs warned, should the board's meeting Tuesday, Jan. 16, "involve any discussion of changing Mr. Gibbs' employment status with Ottawa County, know that it's our intention to ensure the provisions of my client's employment contract are followed in strict order," Aaron Davis, of Butzel Long, wrote to Moss.

The email was given to The Sentinel by a source close to, but not authorized to speak on, the matter.

The letter came ahead of a planned closed session Tuesday "to consult with corporate counsel regarding trial or settlement strategy in connection with Kimball v. County of Ottawa."

On Oct. 24, Ryan Kimball — a finalist for an executive aide position to Gibbs — sued in Ottawa County's 20th Circuit Court, alleging age discrimination by Gibbs when the administrator hired a younger candidate, 23-year-old Jordan Epperson, with fewer qualifications than the county required in its job posting.

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During a termination hearing for Health Officer Adeline Hambley — who also is suing the board — commissioners heard testimony from former deputy administrator Patrick Waterman, as well as current human resources director Marcie VerBeek, in which they described concerning behavior when Epperson was interviewed.

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

Ottawa Impact, founded by Moss in 2021, is a far-right fundamentalist group formed in response to school mask mandates during the COVID-19 pandemic. OI now holds a seven-seat majority on the 11-member board.

The Sentinel reported in early September that heavily redacted emails from VerBeek to Gibbs and Waterman indicated differences of opinion as to who should've been offered the job.

In the emails, Gibbs told VerBeek on June 15 to make an offer to Epperson.

The next day, VerBeek asked for an additional meeting with the hiring committee "to discuss options prior to moving forward with the hiring process." Her statements were almost entirely redacted by corporation counsel. Only two sentences were released of the two-page email, along with a chart showing Epperson's qualifications as they compared to the other finalist: Kimball.

Of the five mandatory criteria the county sought, Epperson has one — a bachelor's degree.

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

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Kimball holds a master's degree, has experience in strategic management, made the Dean's List for both his bachelor's and master's programs, has experience working at the international nonprofit level, has served at least two years on a major board and has experience in management and finance.

When asked if Gibbs mentioned Epperson's age and "bossing him around" — a fact Kimball alleges in his lawsuit — Waterman testified the comment "was made in the first interview when we asked (Gibbs) what it was about Mr. Epperson that he liked. We all said age shouldn't make a difference."

After the board emerged from the approximately 45-minute closed session Tuesday, there was no mention of Gibbs. Moss made a motion to enter mediation with Kimball's attorney, then moved to create a subcommittee of commissioners to "advise" the mediation negotiations.

Moss designated himself chair of the subcommittee and appointed OI-backed commissioners Sylvia Rhodea, co-founder of Ottawa Impact, and Gretchen Cosby to the group.

An attorney representing Kimball told The Sentinel late last month that settlement discussions had been initiated, but did not disclose details. He said he was unaware the board was considering mediation.

"We were unaware this was on the agenda, but look forward to the possibility of mediation which may be able to resolve Mr. Kimball’s claims without the time and cost of drawn-out litigation," said Kimball's attorney, Rob Howard, of Cunningham Dalman.

Davis said the board does not have cause to fire Gibbs.

"As you know, and your lawyers should know, there is no basis to terminate my client for cause," he wrote to Moss. "Should the board, or its lawyers, attempt to get creative in that vein, be advised that the full extent of legal options available to Mr. Gibbs will be used to ensure the board ceases to violate Mr. Gibbs' constitutional, statutory, and contractual rights any further than it already has to date."

Gibbs, who was hired on Jan. 3, 2023, has a clause in his contract that says he "may be terminated at any time ... for cause (defined as intentional fraud, dishonesty, gross misconduct, or willful malfeasance) in connection with his performance."

However, the board may also fire him without cause if they provide a 90-day written notice.

If the board were to fire Gibbs, he would receive a lump sum severance payment of nine months' pay, as well as nine months of health insurance. If he were to be terminated for cause, he would receive no severance, according to the contract.

Davis said his firm is conducting its own investigation and that he plans to send a follow-up letter to the board by Jan. 24, which "will fully reveal the conclusion of our investigation in the facts and the board's (and perhaps others') violations of law against Mr. Gibbs."

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"If it is indeed the board's intention to relieve Mr. Gibbs of his position as county administrator, we will submit a settlement offer in our follow-up letter to lay out my client's terms as it relates to a financial resolution to include a release from liability.

"To be clear, there is no scenario where the board's adverse conduct against Mr. Gibbs is not put under a microscope by a court of competent jurisdiction if it does not regain its senses and begin treating Mr. Gibbs with dignity," Davis wrote to Moss.

Davis was out of office Tuesday, according to a staff member at his firm; he did not immediately respond to an emailed request for comment.

Gibbs' contract runs through Jan. 3, 2026.

— 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: Gibbs warns of consequences, should OI attempt to fire him