HIGHLIGHTS + OTTAWA COUNTY
Meeting highlights—Day six of Adeline Hambley’s removal hearing
Published November 30, 2023
Written by Adams
Photography by Simply American
Two and a half hours, three motions, and a good faith step by the Board of Commissioners sum up Day 6.
Ottawa County Board of Commissioners
Special Meeting: Hearing for Removal of Health Officer
Tuesday, November 28, 2023
Unraveling Some Confusion
On September 27, 2023, Moss filed a notice of MCL 46.11(n) Removal Hearing for Interim Health Director Adeline Hambley for allegations of “incompetence, misconduct, and neglect of duty.” These charges arose from Hambley’s conduct during the Health Department budget process.
The Hambley Hearing:
Day 1 and Day 2 (October 24, 2023 and October 25, 2023):
• Adeline Hambley, through her attorney, Sarah Howard, was given the opportunity to call 10 witnesses in order to defend against the charges of “incompetence, misconduct, and neglect of duty.”
• A few times Howard misunderstood that the hearing wasn’t a court hearing, which means there is no judge to compel witnesses to answer. Howard threatened that her client would have to go back to court.
Day 3 (October 30, 2023):
• Chair Joe Moss made a motion to “recess until November 6, 2023 at 9 a.m.”
• The purpose of the recess was to review the mass amount of information the commissioners received and give time to make an informed decision.
Day 4 (November 6, 2023):
• Moss made a motion to “go into closed session pursuant to MCL 15.268(e) to consult with corporate counsel regarding litigation in connection with Hambley vs Ottawa County, because an open meeting would have a detrimental financial effect on litigation or settlement position of the county.”
• The motion passed and the Board went into closed session for 8.5 hours.
• Coming out of closed session, Moss moved “to accept counsel’s recommendation regarding litigation and settlement activities in the case of Hambley vs Ottawa County as addressed during closed session.” This motion passed in a 7–3 vote.
• Closing out the meeting, Moss made a motion “that we recess until November 14, 2023 at 9 a.m.” That motion passed.
Day 5 (November 14, 2023):
• The Board again went into closed session to consult with corporate counsel regarding litigation in connection with Hambley vs Ottawa County. Closed session lasted almost 7 hours, with no settlement reached.
• The Board recessed until November 28, 2023 at 1:30 p.m.
Quick Trip To Court
• On November 16, 2023, Hambley’s attorney, Sarah Howard, filed a motion asking a judge to force the county into a $4 million payout to her client.
• After the November 14, 2023, Day 5 hearing produced no settlement, Howard wanted to go back to what was discussed during the November 6, 2023, Day 4 hearing.
• Kallman Legal Group, attorneys for Ottawa County, responded to Howard’s motion by giving a timeline of the November 6, 2023 hearing date, reiterating throughout the response that “no settlement offers were made by corporate counsel.”
• On November 27, 2023, Judge Jenny McNeil brought both attorneys into her chambers, informing them that the motion hearing would need to be postponed due to the motions filed during the holiday weekend and needing more time to read them. The motion hearing was postponed to December 4, 2023.
Hearing Day 6
On November 28, 2023, Day 6 of the MCL 46.11(n) Removal Hearing continued with the Board going back into closed session for about 2.5 hours. When the Board returned, three motions were made.
Motion 1:
• “To authorize corporate counsel to arrange and participate in mediation in the Hambley vs Ottawa County matter on the following terms: corporate counsel has the authority to coordinate with Ms. Hambley’s attorney to select a mediator and the date and the time of mediation, and corporate counsel has not been delegated any authority to make any binding offers or make a final decision in the Hambley vs Ottawa County matter.” This motion passed 9–0.
• Commissioner Jacob Bonnema was absent, and the District 6 seat is vacant while the Board goes through the process of finding a new commissioner.
Motion 2:
• “Move that pursuant to Board Rule 5.2 that a Special Committee be formed to participate in mediation in the Hambley vs Ottawa County matter on the following terms: a Special Committee is only advisory in nature, has no authority to effectuate or form public policy. A Special Committee has not been delegated any decision-making authority. A Special Committee may make recommendations for the full Board to review. Any final decisions relating to mediation, or the Hambley vs Ottawa County litigation shall be made by the full Board. And, the Chair will appoint the members of the Special Committee, including Joe Moss as Chair, Sylvia Rhodea, Gretchen Cosby, Allison Miedema, and Doug Zylstra.” The motion passed 9–0.
Motion 3:
• “Move to recess without date to allow mediation to occur and the hearing will reconvene upon proper notice issued by the Chair.” This motion passed unanimously.
The Lawyers Respond
David Kallman and Sarah Howard made themselves available to the media after the hearing recessed.
Ottawa County attorney, David Kallman:
• “It was clear that the court desired this move [mediation],” stressing that counsel was not ordered by the court to do mediation
• “It is a big step by the Board to show that they are really serious to try to solve issues,” also stating that it is “a very good faith step”
• It was “a very important message sent that this [the Special Committee] is a bipartisan committee by having Doug Zylstra on the committee, having his voice heard”
• When asked if he felt like the issue was closer to being resolved, Kallman responded, “No”
• When the media asked, “Why not vote to fire Ms. Hambley?” Kallman responded, “Because of what we are doing here right now. Because there have been settlement discussions.” Continuing, he said, “There’s no point to come to a final decision, that some people might like and some people might not like and your still embroiled in litigation no matter which way you go. It is just common sense that you try to resolve things, if at all possible.”
• When the media asked, “Why not mediation a couple weeks ago?” Kallman said, “Well, we did offer a couple weeks ago to do mediation, and Ms. Hambley flatly refused. Ms. Howard did contact us a day or two later and said they reconsidered.”
Attorney for Hambley, Sarah Howard:
• Claims to have asked since the beginning for a mediator
• Claims the problem is trust
• Is still pushing for a judge to enforce the $4 million settlement
• Welcomes a mediator but implied the Special Committee will complicate the process
• Said, “No,” when the media asked if any offers were made today
• Said she doesn’t know if common ground can be found with a mediator
“It does take a lot of time, but it’s worth it.” —Commissioner Joe Moss, discussing the hearing process in an interview on Justin Barclay on November 29, 2023.
Meeting
Ottawa County Board of Commissioners
Special Meeting: Hearing for Removal of Health Officer
November 28, 2023
Location
Ottawa County Administration Building
12220 Fillmore Street
West Olive, MI 49460