Judge denies request to release closed courtroom transcript

MUSKEGON COUNTY — Residents curious what, exactly, took place during a closed session of the Ottawa County Board of Commissioners in November will have to wait.

14th Circuit Court Judge Jenny McNeill denied The Sentinel's motion Wednesday, Feb. 28, to unseal the transcript of an evidentiary hearing Jan. 19 that she closed to the public and media.

Clerk Justin Roebuck was subpoenaed to testify in the hearing, part of a lawsuit filed by Health Officer Adeline Hambley in February 2023.

Sarah Riley-Howard, who represents Hambley, subpoenaed the testimony after claiming the board reached an settlement agreement with her client — supported when commissioners voted on a motion after the more-than-eight-hour closed session Nov. 6.

Details of the agreement included paying Hambley a total of $4 million to step down, plus the resignation of Deputy Health Officer Marcia Mansaray.

In a written order released Wednesday but announced from the bench Jan. 19, McNeill said "the motion made by Commission Chair Joe Moss at the Nov. 6, 2023, hearing was too ambiguous to ratify the board's agreement to the terms that the parties negotiated."

The case was resolved Monday, Feb. 26, when commissioners unanimously voted to keep Hambley and Mansaray in place as part of a new settlement agreement.

The Sentinel's motion, however, was still unresolved.

McNeill closed the courtroom Jan. 19 after county attorney David Kallman sought to keep testimony by Roebuck and Commissioners Moss, Jacob Bonnema, Roger Bergman and Doug Zylstra private — arguing it was inappropriate for the public and media to be privy to discussions that took place during a closed session. In the end, only Roebuck testified.

Joseph Richotte, attorney for The Sentinel, wrote in a filing Feb. 7 that McNeill erred when she closed the courtroom.

"Courtroom[s] cannot be closed and records cannot be sealed except on a written motion showing that a party’s protectable interest outweighs the public’s right of access," Richotte wrote.

Erin Malone, the attorney who appeared on behalf of The Sentinel on Wednesday, told McNeill the state's Open Meetings Act does not extend to testimony regarding closed sessions.

More: Sentinel asks judge to unseal testimony, transcript from Hambley evidentiary hearing

"There's a vital right for the public to bear witness to court proceedings," she said.

Malone said OMA can be used by public bodies only to keep minutes from closed sessions private and said the judge was required to identify a "specific protectable interest that outweighs the public's interest."

Malone requested McNeill vacate her oral order and release the entire transcript — or alternatively release it with limited redaction at the county's expense.

Stephen Kallman, who appeared as the county's corporation counsel on Wednesday, said any mention of the closed session in Roebuck's testimony would need to be redacted; in other words, most of it.

"It's not worth it," he said.

Howard said she and her client support The Sentinel's motion.

McNeill said she "struggled" with the decision, but concluded she "had no other choice" in order to keep potentially sensitive information private.

"I've tried to be more than accommodating with having the press in the courtroom," she said. "It's important that people have access."

McNeill upheld her decision to keep the testimony sealed, adding she'd issue a written ruling soon.

A decision on appeal has yet to be made.

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McNeill also briefly discussed the new settlement agreement — including how much of Hambley's attorney fees should be covered by the county. Howard argued for all, but Kallman argued she shouldn't be compensated for "motions we won."

Both sides will submit briefs to McNeill. The process is expected to take six to eight weeks.

— Sarah Leach is the executive editor of The Holland Sentinel. Contact her at sarahleach@hollandsentinel.com. Find her on Twitter @SentinelLeach.

This article originally appeared on The Holland Sentinel: Judge denies request to release closed courtroom transcript