In the fall of 2023, the Board of Commissioners began taking steps to remove Health Officer Adeline Hambley pursuant to MCL 46.11(n).

• On September 27, 2023, Chair Joe Moss announced a Notice of Hearing for Hambley’s removal and exhibited a 23-page notice outlining the four charges against her. The notice was accompanied by 72 pages of exhibits and evidence of incompetence, misconduct, and neglect of duty.

• Misinformation flooded the local media channels, as reported by Simply American

• Six days of hearing took place between October 24, 2023 and November 28, 2023—with a pause after day five while Hambley’s attorney asked a judge to force the County to award her client a $4 million payout. The judge ruled in January of 2024 that there was no agreement to enforce the $4 million payout.

• Mediation was scheduled for February 26, 2024

The Board of Commissioners held a Special Meeting on February 26, 2024, for mediation to resolve the charges against Adeline Hambley. At the start of the meeting, Chair Joe Moss moved to “go into closed session pursuant to MCL 15.268(e) to consult with Corporate Counsel regarding settlement strategy and connection with Hambley v Ottawa County because an open meeting would have a detrimental financial effect on the litigation or settlement position of the County.”

A roll call vote was taken and the ten commissioners in attendance voted yes. Commissioner Jacob Bonnema was absent.

The mediation process took close to twelve hours to complete. When the Board returned to the boardroom, Bonnema was present.

Chair Moss welcomed those in attendance back to the boardroom and then read a motion for the Board to consider.

“I move to prove a stipulation and order to dismiss in the Adeline Hambley v Ottawa County matter as follows:

It is hereby stipulated and agreed by in between the parties as follows:

1. Ottawa County hereby agrees to dismiss with prejudice all charges against Plaintiff and dismiss the MCL 46.11(n) removal hearing. Further, the charges raised cannot form the basis of any future complaint, future charges, or discipline against Plaintiff.

2. Plaintiff hereby dismisses with prejudice all claims that were brought, or could have been brought, in this action against all defendants, Ottawa County Commissioners, and the County.

3. Plaintiff releases all claims for damages of any kind including, but not limited to, exemplary and punitive damages, with the exception of the issue of attorney fees.

4. As to the issue of attorney fees, the court will decide the amount, if any, of attorney fees to be awarded. Such attorney fees may include any attorney fees in this matter, including from the removal hearing. Attorney fees shall be determined by this court at a time and date to be scheduled by the court.

5. The parties agree to waive any and all appellate rights in this matter, and defendants agree to withdraw their appeal to the Michigan Supreme Court in this matter.

6. The parties do not concede or admit that, with respect to each other, they violated any law, statute, ordinance, or contract, and/or have failed in any duty or obligation whatsoever, and/or have committed any tort, or engaged in any kind of wrongful conduct. The parties specifically deny that they have engaged in any such conduct, that parties enter into this agreement solely in the interest of avoiding additional costs that would result from further litigation. Further, the parties acknowledge that the consideration described in this agreement is adequate and sufficient and represents a full and complete settlement of any claims and/or rights.

7. The parties and their agents, attorneys, and representatives hereby, forever, and fully mutually release each other and their representatives, attorneys, employees, affiliates, subsidiaries, successors from any and all actions, causes of actions, suits, debts, losses, damages, claims, demands, or other liability, or relief, whether in law or in equity of any kind, which occurred or existed as of the date of this stipulation.

8. In the event the County brings future charges under MCL 46.11(n) against Plaintiff on or before January 7, 2025, the parties hereby stipulate and agree that such charges will be decided through a public binding arbitration panel that complies with the Open Meetings Act MCL 15 to 61 and MCL 46.11(n). The arbitration panel shall consist of three members: one selected by Plaintiff, one selected by the County, and a third neutral arbitrator who shall be Thomas Behm. The arbitration panel shall comply with the rules and procedures of the American Arbitration Association. The arbitration panel’s decision shall be binding on the parties and shall not be subject to appeal.

9. Until December 31, 2025, in the event Plaintiff requires outside legal counsel to address a legal issue affecting the Ottawa County Department of Public Health, Plaintiff shall notify Ottawa County Corporate Counsel. Plaintiff and Ottawa County Corporate Counsel shall select a mutually agreeable attorney. Under no circumstances shall the total cost of the outside legal counsel exceed $1,000 per month. This stipulation resolves all claims and closes the case after the court issues an order resolving the attorney fee issue.”

The motion passed unanimously.

Uploaded & Edited: February 26, 2024 Ottawa County Board of Commissioners Special Hearing.

Shortly after the meeting ended, Chair Joe Moss released the following statement regarding the Hambley Litigation:

Ottawa County Board of Commissioners
Continuation of Special Meeting: Hearing for Removal of Health Officer
February 26, 2024

Ottawa County Administration Building
12220 Fillmore Street
West Olive, MI 49460