• Sat. Apr 1st, 2023

All round well being officer asks judge for longer protection from Ottawa County firing her


Mar 17, 2023

OTTAWA COUNTY, MI – The embattled Ottawa County administrative general well being officer is asking a judge to block far-best county leaders from firing her till her lawsuit against them concludes.

In the Monday, March 13, filing, the lawyer for Administrative All round well being Officer Adeline Hambley asked a judge to forbid Ottawa Influence members on the Ottawa County Board of Commissioners from firing her when her lawsuit plays out in court.

It is the most up-to-date in Hambley’s suit against seven Ottawa Influence members who in January voted to demote her to an interim status to make way for an administrative general well being officer who aligns a lot a lot more closely with them politically.

A single distinct of these seven, Ottawa County Commissioner Rebekah Curran, has since announced she is no longer affiliated with the Ottawa Influence faction.

Connected: Ottawa County’s prime general well being official sues commissioners a lot more than ‘political’ demotion, ‘imminent’ termination

In Michigan, general well being officers are not at-will personnel and want particular outcome in to be fired. Hambley filed her lawsuit against the seven board members in February, alleging they method to fire her with out outcome in and have demoted her with out outcome in, amongst other claims.

In addition to damages and lawyer expenses, Hambley is asking the court to reinstate her as the county’s general well being officer with out an interim designation and want the board to adhere to recommendations linked to “just cause” if they want to terminate her.

Earlier this month, a judge issued an emergency order temporarily blocking the county leaders from firing Hambley.

Connected: Judge temporarily blocks Ottawa County from firing general well being officer

Hambley’s lawyer, Sarah Riley Howard, sought the emergency order out of fears Ottawa County Administrator John Gibbs immediately planned to fire Hambley. The county’s new corporate counsel, law firm Kallman Legal Group, referred to as these claims completely unfounded, as only the county board has the power to fire Hambley.

The emergency order remains in influence by means of March 31, when Muskegon County Circuit Court Judge Jenny McNeill will hear arguments by Kallman to throw the case out and sanction Hambley as proficiently as by Howard to effectively hold the firing ban in spot.

A single distinct of the significant arguments by Kallman is that Hambley is not now and below no situations has been the county’s general well being officer. That argument came about quickly right after Ottawa Influence members on Feb. 28 voted to “correct” the resolution by the prior county board that appointed Hambley.

The prior board’s resolution appointing Hambley made her appointment contingent upon her passing a background confirm and obtaining confirmed by the state general well being division.

Connected: ‘Rewriting history:’ Ottawa County’s ex-lawyer calls foul on board’s revision to apparently oust official

Even so, the new Ottawa County Board of Commissioners, led by a ultra-conservative majority referred to as Ottawa Influence, narrowly authorized a third contingency added to that prior appointment resolution, that the board be crucial to vote as soon as once again to approve Hambley’s appointment.

Due to the truth the board below no situations held a second vote, Hambley’s appointment was below no situations triggered, according to Kallman.

“The complete case is predicated on (Hambley’s) wrongful assertion that she is the completely appointed and permanent Ottawa County All round well being Officer. She is not and below no situations has been,” wrote David Kallman with Kallman Legal Group.

“Because (Hambley) has below no situations been appointed to be the permanent general well being officer, all of her claims collapse.”

The basis for the revision was the verbal motion made by former Ottawa County Commissioner Phil Kuyers on Dec. 13 introducing the resolution to appoint Hambley. Kuyers stated that Hambley’s appointment as general well being officer was contingent on the board’s approval, her passing a background confirm and her confirmation by the state general well being division.

The unanimously authorized accompanying appointment resolution, nonetheless, only references the background confirm and state general well being division confirmation wants. Hambley met these conditions.

Howard wrote that the resolution, not the motion, is the precise will of the board.

“When a motion is made for the sole purpose of proposing a a lot a lot more detailed resolution, the motion is certainly nothing at all other than the auto by which the resolution is introduced and subsequently decided,” she wrote.

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