Report: Ottawa Co. administrator warns board not to fire him

OLIVE TOWNSHIP, Mich. (WOOD) — After Ottawa County Administrator John Gibbs was accused of age discrimination, an attorney representing John Gibbs has warned the Board of Commissioners against firing him, the Holland Sentinel reports.

“I understand that the Board of Commissioners … is scheduled to meet on January 16, 2024, and an agenda item (11.C.) may pertain to my client’s continued employment as County Administrator,” wrote Gibbs’ attorney, Aaron Davis, Monday in a letter emailed to Board Chair Joe Moss and later obtained by the Sentinel. ” … Should the Board’s scheduled meeting involve any discussion of changing Mr. Gibbs’ employment status with Ottawa County, know that it is our intention to ensure that the provisions of my client’s employment contract are followed in strict order.”

According to the agenda, the board planned to go into closed session Tuesday to consult with corporate counsel regarding a lawsuit filed on behalf of Ryan Kimball, previously a candidate for the position of Gibbs’ aide.

Report: Ottawa County sued for age discrimination

In the lawsuit filed in October, Kimball alleged age discrimination by Gibbs — and therefore the county — in the hiring process, according to the Holland Sentinel. Gibbs had outlined five qualifications he wanted in an executive aide. Kimball, 49, met all of them, while the candidate who was ultimately chosen — 23-year-old Jordan Epperson — met just one, the Sentinel reports. Gibbs said Epperson was “young” and could be “bossed around,” the lawsuit claims.

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In his Monday letter, Gibbs’ attorney said there was no basis to terminate Gibbs for cause and accused the Ottawa County Board of Commissioners of already violating Gibbs’ rights, though the letter did not specify how.

“Accordingly, you will receive a follow-up letter by January 24, 2024, which will fully uncover the conclusion of our investigation into the facts and the Board’s (and perhaps others’) violations of law against Mr. Gibbs,” Gibbs’ attorney wrote. “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.”

According to the Sentinel, Gibbs’ contract includes a clause that says he may be fired at any time “for cause (defined as intentional fraud, dishonesty, gross misconduct, or willful malfeasance) in connection with his performance.” He may also be fired without cause so long as a 90-day written notice is given.

After the board’s closed session Tuesday, the Holland Sentinel reports there was no mention of Gibbs. Moss made a motion to enter mediation with Kimball’s attorney.

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