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Judge bars Ottawa Co. officials from firing interim health officer

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Posted at 5:30 PM, Mar 02, 2023
and last updated 2023-03-02 22:32:33-05

OTTAWA COUNTY, Mich. — A judge approved a temporary restraining order preventing Ottawa County from firing its interim health officer.

Now, both sides will get the chance to make their arguments to the judge.

FOX 17 got a preview of both cases Thursday through recently filed court documents.

The saga started back on December 13, 2022 when the county’s previous board of commissioners voted to appoint Adeline Hambley as its health officer.

Several weeks later, the newly appointed board demoted Hambley to serve as interim health officer.

The board also tried to appoint a candidate of their own, Nathaniel Kelly.

Hambley sued the county in mid-February claiming the demotion robbed her of the ability to sign off on important decisions needed to do her job.

She also claims commissioners are trying to remove her altogether.

Hambley argues she cannot legally be fired without a valid reason, citing state law.

The new board of commissioners voted 6-5 Tuesday night to “correct” the December resolution which appointed Hambley as the county’s top health officer.

READ MORE: Ottawa Co. board votes to ‘correct’ top health official motion

Hambley’s attorney says, on Wednesday, Ottawa County’s legal counsel, Kallman Legal Group, emailed Hambley claiming the revision to the resolution makes her appointment as top health officer invalid.

The group says only one of the three contingencies to appoint Hambley as health officers has been met.

When the previous commissioners unanimously agreed to appoint Hambley, it was dependent on three requirements.

All health officers in the state need approval from the Michigan Department of Health and Human Services.

Kallman Legal Group shows Ottawa County did get two letters from MDHHS; however, they sent a letter on December 20 signing off on Hambley’s appointment to start the next day, but Kallman Legal Group says, on December 21, MDHHS sent a similar letter, showing Hambley’s start day to be in late April of 2023.

Kallman Legal Group argues that Hambley never had the position because the previous commissioners did not vote on her appointment after receiving the letter from MDHHS.

FOX 17 obtained documents that show that a typical monthly meeting with John Gibbs, the county’s administrator, was changed without notice to include Kallman Legal Group and moved to an earlier time.

Hambley’s attorney argues this is a ploy by the Ottawa Impact-backed commissioners to put in their own pick, Kelly, whose political values align with theirs.

READ MORE: 'Interim' Ottawa County health officer sues commissioners over demotion, alleged interference

The court is set to have a hearing on this issue March 13.

As of Thursday, MDHHS tells FOX 17 it has not received any paperwork regarding Kelly being appointed to the county’s top health officer position.

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