OTTAWA COUNTY — The Ottawa County Board of Commissioners is planning to remove Administrative Health Officer Adeline Hambley on Tuesday, Oct. 24.

Last week, the Michigan Court of Appeals issued an opinion affirming Hambley was properly appointed health officer in December, but said the board has the legal right to fire her for "just cause" — assuming state statute is followed.

Hambley sued the board in February over attempts to demote her and has asked a circuit court to reinstate a preliminary injunction against her termination — or at least delay the scheduled removal hearing until a judge can set the ground rules. A hearing on the matter will take place at 3:30 p.m. Oct. 23 before Muskegon County's 14th Circuit Court Judge Jenny L. McNeill.

In the meantime, Hambley and her attorney, Sarah Riley-Howard, are preparing for the planned removal hearing.

The allegations

Board Chair Joe Moss, who brought forth the charges, alleges Hambley has been incompetent, committed misconduct and/or been neglectful of her duties. The evidence he plans to use includes email exchanges between Hambley and County Administrator John Gibbs as the budget process played out this summer.

The charges include:

• Hambley demonstrated incompetence, misconduct and neglect of duty by making false public representations about budgetary scenarios

• Hambley demonstrated incompetence, misconduct and neglect of duty by falsely claiming that she was not included in the budget process

• Hambley demonstrated incompetence, misconduct and neglect of duty by failing to cooperate in the budget process

• Hambley demonstrated incompetence, misconduct and neglect of duty by making false claims that encouraged and caused confusion, anxiety, fear and panic in the community

The charges are the culmination of several tense exchanges between Hambley, Gibbs and Moss, after Moss announced in August his intention to cut the department's budget by nearly 60 percent.

Hambley said her attempts to negotiate with Gibbs were rebuffed, so she turned to the department's social media accounts to publish information on the staff, programs and services under threat. Days later, Hambley and her staff were locked out of those accounts, and Gibbs and Moss co-signed a "press release" they posted to the pages, calling Hambley "insubordinate" and "unprofessional."

Hambley refuted the characterizations in a series of press conferences and media releases, saying she's only advocating for the health and welfare of the public.

The history

Much of the animosity between the board and health department comes from Moss’ failed attempt at defying the temporary closure of Libertas Christian School, a private school he helped found after his high school alma mater, Freedom Christian, closed in Hudsonville due to low enrollment and declining donations.

Moss had at least one child attending Libertas during the county-issued pre-K-6 mask mandate, which he and several other parents construed as an infringement on their parental rights.

He financially supported a lawsuit filed by a parent group in September 2021 that claimed then-Health Officer Lisa Stefanovsky overstepped her authority and should have sought approval from the board of commissioners before issuing a mask order.

The suit was ultimately dismissed after an appeals court in December 2022 found Stefanovsky acted legally and appropriately when she issued the mandate, which was rescinded shortly after a vaccine was approved by the FDA for the 5-11 age group.

In 2021, Moss created the far-right fundamentalist group Ottawa Impact, which has controlled at least six seats on the 11-member county commission since the beginning of 2023.

In February, Moss told Hambley: “I just want to be clear that the Ottawa County Board of Commissioners has a very firm stance on mandates, and that there will not be mandates in Ottawa County. … (The) Ottawa County local government health department will not overstep parental rights. I just wanted to make that exceedingly clear.”

“Ultimately — the decision, because the liability lies on the health officer role, the decision lies on the health officer role,” Hambley said.

She filed her lawsuit eight days later, claiming the OI majority had repeatedly interfered with her ability to do her job and overreached their authority, including an attempt to demote her to "interim" health officer.

Other actions that underscore OI commissioners’ laser-focus on the health department:

• Moss’ erroneous claim the department sponsored Grand Valley State University’s 2023 Sex Ed Week

• Refusing, for a time, to approve federal grant-funded mental health positions and state-funded nonprofit projects

• Claiming that Pride events “groom children,” and therefore are inappropriate for health workers to attend

• Delaying the renewal of a contract with My Community Dental Centers to provide dental care for children and adults who don't have dental insurance or access to adequate oral healthcare

• Having new corporation counsel Kallman Legal Group thrice revise the health department’s state-required plan of organization, an unprecedented intervention, according to health officials

• Rejecting a grant for a social media campaign focused on mental health and suicide prevention in men, and another that would've helped make the department’s clinic more accessible and sensory-friendly

Meeting format

The removal hearing, as scheduled, will begin at 8 a.m. Tuesday, Oct. 24, at the county's main meeting room in the Fillmore Complex, 12120 Fillmore St. in West Olive. The meeting could take up to two days to allow for Hambley and the commissioners to present their respective evidence.

The proceedings will be live-streamed on Ottawa County’s YouTube Channel and made available for the public to view. The video recording of the hearing and all evidence introduced will also be posted on the county's website as soon as possible after the completion of the hearing, according to procedural rules set by Kallman Legal Group.

Because the proceedings involve a quorum of the board — the minimum number of members required to make a decisions valid — the state Open Meetings Act requires an opportunity for residents to give public comment. Because the hearing is considered a special meeting, public comment may be moved until after Hambley is heard; she will be presenting her evidence and testimony first.

Retired Ingham County District Court Judge Thomas E. Brennan Jr., who was selected by Kallman Legal Group, will preside over the hearing. His role will be to "explain the hearing process and read a summary of the charges," swear in witnesses and "ensure a fair process and maintain order," according to KLG's rules and procedures.

Lead attorney David Kallman said the hearing is not a judicial procedure, but a "legislative hearing," meaning traditional courtroom processes and practices do not necessarily apply. Brennan will not be making evidentiary rulings and hearsay will be allowed, Kallman said.

Kallman informed Howard that Hambley had to present a witness list — and subpoena list — of anyone she wished to speak at the removal hearing several days prior to the event; the county, however, did not appear to require the same of itself.

"If Health Officer Hambley has to give you advance notice of our witnesses and exhibits, we should receive the same notice of the (board of commissioners’) witnesses and exhibits," Howard wrote to Kallman on Oct. 16.

Kallman said Howard already received the charges and all exhibits that support them.

"I am not aware of any other exhibits that will be added to the charges," he responded Oct. 17.

Will commissioners participate?

Howard was informed that no county commissioners may be called as witnesses, a point she has disputed.

"Some of the commissioners have evidence which is centrally relevant to the claims in the notice," Howard told Kallman via email. "Evidence of retaliation, pre-existing desire to terminate and evidence of pretext, and other illegal motives negate a finding of just cause — see case law below. Health Officer Hambley does not have a fair and complete opportunity to challenge the charges without an opportunity to call commissioners as witnesses."

Kallman said, because the hearing is not a judicial proceeding, Hambley doesn't necessarily have the right to call any witnesses. However, he said, his clients are making that concession.

He went on to say it would be inappropriate for commissioners to testify because they're the decision-makers in the proceedings.

"... The statute grants no authority whatsoever, either explicit or implicit, for the officer/agent to call a member of the deciding board of commissioners as a witness. However, you will be permitted to submit any documents you desire, including, but not limited to, communications, texts, and emails of any county officials (including the commissioners)," he told Howard.

Kallman said corporate counsel and any commissioners who desire to ask any witness or Hambley questions shall be permitted to do so. When Howard asked if Hambley would be afforded the same opportunity, Kallman said, "If rebuttal witnesses or exhibits are necessary, you will be given that opportunity."

Who will testify?

Howard requested Moss issue 11 subpoenas for witnesses to appear at the hearing. They include:

• Administrator John Gibbs: After being sworn in Tuesday, Jan. 3, the board of commissioners made a slew of changes. They fired former administrator John Shay and replaced him with former GOP candidate John Gibbs without conducting a public interview. Gibbs claims Hambley did not cooperate in good faith during the budget process; Hambley disputes that claim and says she's essentially been set up to fail with unrealistic requests from Moss and Gibbs on funding and timelines.

• Director of Fiscal Services Karen Karasinski and County Public Health Financial Manager Nina Baranowski: Shortly after seizing the health department's social media accounts, Gibbs ordered the county fiscal department to create a new budget — bypassing Hambley and her staff altogether. The unprecedented decision resulted in the budget numbers changing many times before it was finally approved Sept. 26

• Kent County Administrator Al Vanderberg: In 2021, Vanderberg announced he was departing Ottawa County after serving as administrator since 2003.

• Wyoming City Manager John Shay: Shay was named administrator in March 2022. He served as interim administrator after Vanderberg departed. In April, after the board terminated him, the the city of Wyoming announced it had hired Shay as its manager.

• Wyoming Deputy City Manager Patrick Waterman: Waterman served as deputy administrator under Shay and briefly under Gibbs before announcing his resignation in July, citing a strained relationship with Gibbs and "lack of effective leadership" from the board.

• Ottawa County Clerk Justin Roebuck: Kallman has argued in court that a December resolution approving her appointment didn't accurately reflect the motion and vote that took place. Kallman further alleged former Board Chair Matt Fenske and County Clerk Justin Roebuck later changed the written resolution in private, which he asserted was a violation of the state’s Open Meetings Act. Roebuck has categorically denied those claims.

• Other subpoenas were sent to Ottawa County Road Commission Director of Utilities Pat Staskiewiez, County Director of Human Resources Marcie VerBeek, County IT Director Paul Klimas and County Environmental Health Manager Spencer Ballard.

Will the outcome stand?

It's not yet known if Monday's circuit court hearing will affect Tuesday's termination hearing.

Howard said the charges against her client are "factually untrue" and "fail to state lawful reasons for termination on their face, since they are contrary to First Amendment rights, and rights/duties under the Public Health Code."

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Kallman said state statute is clear when it states: "If 'in the board's opinion' and the 'board is satisfied' the officer has engaged in wrongful conduct, that officer may be removed."

— Sarah Leach is the 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: Witness list, details released for Ottawa County health officer termination hearing