New filings: Ottawa County doesn't want testimony on closed session

LANSING — Ottawa County doesn't have the right to appeal whether its health officer was rightfully appointed, Adeline Hambley's attorney argues in a new filing with the Michigan Supreme Court.

"This court should deny (defendants’) application for leave to appeal on the issue that (Hambley) won at both the trial court and Court of Appeals," Sarah Riley-Howard wrote in a filing Wednesday. "Namely that (Hambley) is the duly appointed health officer for Ottawa County."

The Dec. 20 filing was in response to the Ottawa County Board of Commissioners' filing to the Michigan Supreme Court on Nov. 22 appealing a COA ruling that agreed Hambley was properly appointed in December 2022. Kallman previously said the appeal was to "preserve my clients' rights" as legal proceedings continue.

In her new filing, Howard says Hambley officially began in the role once the Michigan Department of Health and Human Services confirmed her qualifications on Dec. 21, 2022 — and defendants acknowledged it.

"Then-incoming (Ottawa Impact) commissioner and future board chair ... Joe Moss emailed Hambley after this to acknowledge her new position," Howard wrote. "He wrote to Hambley: 'Since you have been appointed as the new health officer, I want to dispel one of the myths that our local media has been reporting (regarding health department funding in 2023). Several people have brought this concern to me, and I want to make sure you hear from me directly.'"

Moss would go on, however, to immediately fire or demote several standing employees "within moments of the swearing-in of the new OI board majority" on Jan. 3, Howard wrote. He also would champion $4 million in cuts to the health department's annual budget.

More: Judge will review closed session minutes to determine if $4M settlement was reached

"They fired the county administrator and summarily replaced him minutes later with a pre-selected administrator without posting or interviewing for the position," Howard said, referring to now-Administrator John Gibbs.

"They closed the Diversity, Equity, and Inclusion Office and fired its director," Howard said. "Appellants also voted to demote ... Hambley to 'interim' health officer, and declared at the public meeting that they would appoint a political ally, Nathaniel Kelly, with no experience in public health work as her replacement, again without posting the job or conducting interviews."

Kelly most recently worked as health and safety manager for a Grand Rapids-area HVAC company.

Ottawa Impact is a far-right fundamentalist group created by 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 seven seats on the 11-member board.

Howard said the new board attempted to change the previous board's actions to serve their desired outcome, alleging former Board Chair Matt Fenske and County Clerk Justin Roebuck changed the written resolution appointing Hambley in private.

Fenske and Roebuck have both denied any wrongdoing.

"The resolution that I and former Chair Fenske signed is the actual resolution the board approved in the Dec. 13, 2022, meeting, as evidenced by the draft copies of the resolution that were circulated in that open meeting," Roebuck wrote in a statement to The Sentinel.

"Appellants’ new litigation position, in the form of the Revisionist Resolution, was ... in sharp contrast to the email that (Moss) sent to (Hambley) prior to his swearing in," Howard wrote, referring to the new board changing the minutes of the meeting appointing Hambley, even though the majority of them hadn't yet been sworn in.

The group has worked to remove Hambley ever since. Hambley sued the board in February, claiming the attempt to demote her in January was unlawful and alleging the OI majority has repeatedly interfered with her state-authorized health duties.

Howard notes that Kallman Legal Group, which represents the board, previously argued Hambley “might have deep six’d” her potential for consideration by the county for the permanent position after she filed her lawsuit.

"Counsel for the ... (commissioners) also acknowledged at oral argument on March 31 ... that they had no allegation of poor performance or other sufficient cause for ... Hambley’s removal."

Attempts to remove Hambley culminated in a multi-day termination hearing in October, which was ultimately halted before its conclusion as the board and Hambley entered settlement negotiations. After a lengthy closed session in early November, the board voted to "accept counsel's recommendation regarding litigation and settlement activities in the case of Hambley v. Ottawa County."

Howard says that recommendation was a $4 million settlement. But shortly after The Sentinel reported the details of the deal, Kallman argued an agreement wasn't reached, after all. Hambley and Howard took the matter back to court.

On Dec. 4, Muskegon 14th Circuit Court Judge Jenny McNeill announced she would review minutes taken during the closed session in question. The case is being heard in Muskegon because all Ottawa County judges recused themselves.

Howard issued subpoenas for Roebuck, who took the minutes, and commissioners Moss, Jacob Bonnema, Doug Zylstra and Roger Bergman for an evidentiary hearing McNeill said Hambley was entitled to, so the court can hear from witnesses what transpired during the closed session.

That hearing is scheduled for 9 a.m. Friday, Jan. 19.

Kallman Legal Group is hoping that doesn't happen. In a filing this week, David Kallman requested McNeill issue a "protection order" preventing the hearing from taking place. He argues McNeill should be able to use the minutes alone to rule that "corporate counsel (Kallman) never made any recommendation to either offer, or accept, a $4 million settlement" in exchange for Hambley and her deputy, Marcia Mansaray resigning.

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"This confirmation can be done without revealing anything that was actually discussed in closed session," Kallman wrote.

McNeill had not issued a response to Kallman's filing as of Wednesday, nor had the Michigan Supreme Court issued a response to Howard.

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

This article originally appeared on The Holland Sentinel: New filings: Ottawa County doesn't want testimony on closed session