Moss offers to let pastor give invocation, but it's too little, too late

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OTTAWA COUNTY — A local pastor said he finally was invited to give the invocation for a meeting of the Ottawa County Board of Commissioners — but only after he sued for religious discrimination.

Rev. Jared Cramer filed his lawsuit in early October in U.S. Western District Court, claiming Board Chair Joe Moss used his position to "endorse a particular set of religious beliefs and exclude a particular set of religious beliefs" and therefore "is discriminating against certain religious beliefs," which is a violation of the Establishment Clause of the First Amendment.

More: Pastor files lawsuit against Ottawa County claiming religious discrimination

Cramer, of St. John’s Episcopal Church in Grand Haven, claims he first asked Commissioner Roger Bergman, who represents the city of Grand Haven, if he could join the historically practiced rotation of area faith leaders who provide the invocation at the twice-monthly board meetings. He was directed to Moss.

In an amended complaint filed Friday, Dec. 22, Cramer's attorney, Sarah Riley-Howard, said despite sending Moss an email in May and a letter via certified mail in August, her client only received an invitation to give an invocation after litigation was filed.

"It's not clear what else Rev. Cramer could have done to get on that list," Howard wrote. "He had given the prayer in the past, he had made a request to the commissioners of the districts where he lived and worked, and he had made a request to the chairman of the commission. Nonetheless, Rev. Cramer did not receive an invitation to lead the prayer."

Jared Cramer
Jared Cramer

An invitation finally came in November. Cramer is scheduled to lead the prayer in February. But, his attorney said, the problem isn't rectified.

Moss "intentionally withholds from the public information" about how to be invited to give the invocation, Howard wrote.

"Even the commissioners who are not affiliated with (Ottawa Impact) do not have that information. By limiting access to the information necessary to make a request, defendants can control who leads the invocation without explicitly denying an individual’s request."

Moss founded the far-right fundamentalist group Ottawa Impact in 2021 after he took issue with pre-K-6 school mask mandates during the COVID-19 pandemic. He launched the political action committee under the premise of "defending parental rights" and to "thwart tyranny" within the state and federal government.

Moss and OI co-founder Sylvia Rhodea captured what's now a seven-seat majority on the 11-member board, after a non-OI commissioner resigned in November.

Joe Moss sits during an Ottawa County Board of Commissioners meeting Tuesday, Sept. 12, 2023, in West Olive.
Joe Moss sits during an Ottawa County Board of Commissioners meeting Tuesday, Sept. 12, 2023, in West Olive.

Howard said Moss has concentrated power to reward or punish local faith leaders based on whether they align with his personal religious beliefs.

"Moss can choose which individuals get invited to give the prayer by limiting information only to those who espouse religious beliefs that align with his own," Howard wrote.

Cramer said, since his election, Moss has "dedicated some of his efforts on undoing the county’s efforts at inclusion" and "championed an anti-LGBTQ+ agenda."

Cramer, meanwhile, has been a visible advocate for the inclusion of members of the LGBTQ+ community, particularly within his church, which "holds itself out as a place of worship that is welcoming to all," according to the filing.

Cramer also helps lead the Ottawa Coalition of Unifying Congregations, a group of 12 area congregations and 22 pastors pushing back against Ottawa Impact's policies of de-emphasizing diversity, equity and inclusion.

"I was just watching as things got worse, you know ... I was naïve," Cramer said. "I thought when these Ottawa Impact people came in ... I thought the standards and decorum would still be followed. So, as it's just gotten worse over there, I finally decided this was no longer a side issue. This goes right to the core of what it means to be a Christian living in America."

Sarah Riley-Howard gives comment to the press after a hearing before the Michigan Court of Appeals on Wednesday, Oct. 11, 2023, in Grand Rapids.
Sarah Riley-Howard gives comment to the press after a hearing before the Michigan Court of Appeals on Wednesday, Oct. 11, 2023, in Grand Rapids.

The lawsuit is one of four active filings against Ottawa County in 2023.

In a separate lawsuit, four residents sued the board, claiming commissioners violated Michigan's Open Meetings Act when they made several controversial decisions at the board's first meeting in January — including the vote to "demote" Hambley. That case is scheduled for oral arguments at 10 a.m. Jan. 3 before the Michigan Court of Appeals, after the residents appealed a lower court's ruling granting the board's request to dismiss the lawsuit.

Another lawsuit was filed Oct. 24 by a finalist for an executive aide position. Ryan Kimball sued in Ottawa County's 20th Circuit Court alleging age discrimination by County Administrator John Gibbs when he hired a younger candidate with fewer qualifications than the job posting required. That case has been assigned to 17th Circuit Court Judge George J. Quist and is awaiting further action after the county filed a response Dec. 13.

The fourth lawsuit was filed in February by Ottawa County Health Officer Adeline Hambley, who claimed the attempt to demote her was unlawful and alleged the OI majority has repeatedly interfered with her state-authorized health duties.

Attempts to remove Hambley culminated in a multi-day termination hearing in October, which was 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."

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Howard, who also represents Hambley in that litigation, says the 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 — and the Kimball litigation in Grand Rapids — because all Ottawa County judges recused themselves.

McNeill also ordered an evidentiary hearing for Jan. 19 to allow testimony from witnesses Howard subpoenaed, mainly Moss, County Clerk Justin Roebuck and Commissioners Jacob Bonnema, Doug Zylstra and Roger Bergman.

Kallman Legal Group is hoping that doesn't happen. In a filing last week, corporate counsel 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.

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

McNeill hadn't issued a response to Kallman's filing as of Saturday.

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

This article originally appeared on The Holland Sentinel: Moss offers to let pastor give invocation, but it's too little, too late