Lawsuit: Gibbs committed age discrimination in hiring executive aide

OTTAWA COUNTY — During questioning of key witnesses in a legislative hearing that could see the termination of Ottawa County Health Officer Adeline Hambley, a separate hiring decision was discussed.

It was the hiring of 23-year-old Jordan Epperson, now executive aide to the county administrator. At question was whether Epperson was the best candidate for the job. And as it was discussed, one of the other candidates, Ryan Kimball, filed a lawsuit.

Kimball, 49, was a finalist for the aide position this summer. He filed a lawsuit in Ottawa County's 20th Circuit Court on Tuesday, Oct. 24, alleging age discrimination after County Administrator John Gibbs hired Epperson over him— despite Kimball being more qualified.

In the lawsuit, Kimball's attorneys, Robert Howard and Bradley Glazier of the Grand Rapids-based Bos and Glazier, argue Gibbs, and therefore the county, violated Michigan's Elliott-Larsen Civil Rights Act.

According to the U.S. Equal Employment Opportunity Commission, age discrimination is treating an applicant or employee less favorably because of his or her age. There are specific legal protections afforded to individuals over the age of 40. The law prohibits discrimination in any aspect of employment, including hiring and firing.

Howard and Glazier say Gibbs violated the Elliott-Larsen Civil Rights Act by saying he wanted Epperson for the job because he was "young" and could be "bossed around."

Those listening to Hambley's termination hearing on Tuesday heard testimony from former county deputy administrator Patrick Waterman, as well as current human resources director Marcie VerBeek.

Hambley's attorney, Sarah Riley-Howard of Grand Rapids-based Pinskey Smith (no relation to Rob Howard), questioned both about their interactions with Hambley over the course of 2023, but Howard also asked about the hiring process for Epperson earlier this summer.

Waterman, who resigned in July citing a strained working relationship with Gibbs and a "lack of effective leadership" by the new board of commissioners, said 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.

Ottawa Impact is a far-right fundamentalist group formed in 2021 in response to school mask mandates during the COVID-19 pandemic. OI now controls a six-seat majority on the 11-member board — down since infighting caused at least one member to sever his relationship with the group. Two other conservatives on the board have publicly distanced themselves.

Sarah Howard asked Waterman what concerns he had, referencing a comment VerBeek made during her testimony that Epperson refused to shake the hands of 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."

Waterman said he asked Epperson if government positions were political.

"He said, 'Absolutely.' There also were concerns about qualifications," Waterman testified.

The new aide position, which expanded a previous executive assistant position, was narrowly approved by the board in March. When seeking approval, Gibbs said after two months on the job, it was "like drinking through a firehose."

The upgrade came at a cost of $37,349.08. According to the job description Gibbs wrote and posted in March, the preferred candidate would have:

• A master in business administration from an accredited institution, with specific experience in strategic management, innovation, and marketing/branding

• A slot on the Dean's List or Honor Roll

• An undergraduate major or minor from an accredited institution in an analytical or engineering discipline (strongly preferred)

• Experience working internationally at the nonprofit level (strongly preferred)

• At least two years of experience serving on a major board

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

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.

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

More: Heavily redacted emails suggest Ottawa aide's hire was contested

The emails between Gibbs and VerBeek show Gibbs directing VerBeek on June 15 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 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, which was Kimball.

Counsel Jack Jordan told The Sentinel the comments were redacted because "communications and notes within a public body or between public bodies of an advisory nature are exempt to the extent that they cover other than purely factual materials and are preliminary to a final agency determination of policy or action."

The Sentinel is currently appealing the denial of that FOIA request.

When Sarah Howard asked which candidate the committee recommended, Waterman said Kimball "would probably be the preferred candidate of choice."

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

While she was testifying, VerBeek said the selection committee did not select Epperson to advance to the second round and that Gibbs added him to the pool.

She confirmed that Epperson refused to shake the hands of the female members of the committee.

"The selection committee did not pick Mr. Epperson to go on to a second round, correct?" Sarah Howard asked.

"Correct," VerBeek replied.

"And Mr. Gibbs instructed you to include him in the second interview, correct?" Howard asked.

"Correct," VerBeek replied.

VerBeek confirmed during her testimony that Gibbs did, in fact, say he would be able to "boss" Epperson around during a meeting of the selection committee.

"And you were concerned enough to send an email outlining your concerns, correct?" Howard asked.

"Yes," VerBeek replied.

"You were concerned that hiring Mr. Epperson could lead to unlawful discrimination?" Howard asked.

"I had concerns, yes," VerBeek replied.

Waterman also testified to his recollection of VerBeek's email.

"If I recall, that email said the age remark was a possible liability to the county," Waterman said. "I want to point out that Mr. Gibbs defined that position himself."

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Gibbs has never responded to The Sentinel's requests for comment. He is expected to testify in the Hambley termination hearing's second day on Wednesday, Oct. 25.

Kimball's lawsuit seeks compensatory damages for lost wages and emotional distress, as well as attorney fees and any costs for expert witnesses. The lawsuit also seeks an injunction prohibiting "any further acts of wrongdoing or retaliation."

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