GRAND RAPIDS, Mich. — Ottawa County’s health officer filed a motion asking a judge to enforce a settlement agreement between her and the county.
Adeline Hambley’s attorney, Sarah Howard, says it’s a case of “buyer’s remorse,” claiming the county agreed to settle for $4 million initially, but now is trying to back out.
Howard says the settlement was reached on Monday, November 6 during closed session. That was day four of Hambley’s removal hearing.
REFERENCE: Ottawa County Board gives initial approval on legal settlement with health officer
According to the court filing, the county would pay Hambley $4 million, and she would step down as health officer.
The details were not shared publicly that day; however, commissioners voted 7-3 “to accept counsel’s recommendation regarding litigation and settlement activities in the case of Hambley v. Ottawa County as addressed during closed session.”
But now, the county reportedly is claiming there was never a binding agreement.
"Look, the law in Michigan is crystal clear. There is no question. There can be no final approval or no final settlement until the board votes in public to accept a settlement. Did you hear any vote to say the board is accepting a recommendation of a settlement from corporate counsel? No, you did not," Ottawa County Corporate Counsel Attorney David Kallman told FOX17.
On November 6th, after eight hours of back and forth between the county and Hambley's attorney, chairperson Joe Moss motioned for a vote just before 5:30.
The vote was 7-3.
According to court documents, Stephen Kallman sent an email to Howard. The email outlines a tentative settlement agreement—the first point of payment of four million dollars to Ms. Hambley. Second, Hambley resigned before mid-December.
Thirdly, Hambley's deputy health administrator resigned and received a year's severance. Finally, the two top health officials dropped the current and dismissed unknown litigation.
David sent Howard a draft of a more formal settlement agreement days later.
"You can see the language in their tentative settlement proposal. You don't see, here's our final agreement. And then here's what we have. And now everybody's signed it, and the board's gonna vote and ratify it. You don't see it because it never happened," Kallman said.
Brief in Support of Motion to Enforce Settlement by WXMI on Scribd
READ MORE: Ottawa Co. board postpones vote on health officer’s future
With the latest motion, Howard is asking the judge to enforce the $4 million deal. The hearing is set for Monday, November 27 at 10 a.m.
FOX 17 reached out to Ottawa County’s attorneys but has not heard back.
