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Ottawa Co. attorneys seek to stop county leaders from testifying on alleged $4M settlement

Ottawa County Chairman Joe Moss
Posted at 8:30 PM, Dec 20, 2023
and last updated 2023-12-20 20:55:40-05

WEST OLIVE, Mich. — A judge has finished reviewing documents about a potential $4 million settlement connected to an Ottawa County health officer's case.

New court documents reveal Ottawa County corporate counsel is actively seeking a "Protective Order limiting the proceedings of the evidentiary hearing currently set for January 19, 2024, and any other discovery requests related to Plaintiff's Motion to Enforce Settlement."

The Kallman Legal Group writes that a Muskegon County judge possesses enough information to "make a decision right now" regarding Health Officer Adeline Hambley's lawsuit against the county.

Five county officials could take the stand to testify in the evidentiary hearing. Hambley subpoenaed Ottawa County Commission Chairperson Joe Moss, along with commissioners Doug Zylstra, Jacob Bonnema and Roger Bergman. Also being subpoenaed is Ottawa County Clerk Justin Roebuck.

If the court grants the protective order request, it will prevent county leaders from testifying.

The county attorneys explain that the judge has all the evidence that his team never made a "recommendation" of an offer or accepted a $4 million settlement.

According to court documents, the county's corporate counsel argues that on November 6, the Board of Commissioners' motion wasn't to accept a settlement. However, the legal group explains they were authorized to continue "litigation and settlement activities."

Defendants' Motion for Protective Order, Brief in Support, Hambley, Ottawa by WXMI on Scribd

Sarah Howard, Hambley's attorney, has explained the county has "buyer's remorse." She has told FOX 17 that the county did agree to this multi-million dollar settlement following a full day of closed session.

Court records indicate that with this $4 million settlement, Hambley would step down as Ottawa County's top health official.

This possible settlement comes on the heels of a removal hearing where Chairperson Moss pursued charges against Hambley for her actions and statements during this year's budget.

The health officer position has been a center of contention since January 3, 2023, when the board majority voted to demote Hambley to interim health officer, and hire Nathaniel Kelly.

In a unanimous vote in late November, the board approved bringing in a mediator that the county and Howard could agree upon. The board also agreed to have a subcommittee to sit on the mediation.

Records show that they have a scheduled mediation date on February 26, 2024.

The judge had asked for the two parties to continue down that path as this case continues.

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