MUSKEGON, Mich. — Adeline Hambley will continue to serve as Ottawa County’s top health official after a Muskegon judge issued a preliminary injunction, halting county commissioners’ attempts to remove her from the position.
Tuesday, Muskegon Circuit Court Judge Jenny L. McNeill released her opinion, barring Ottawa County commissioners from firing Hambley and denying their request to dismiss the lawsuit.
The lawsuit against Ottawa County commissioners stems from a January 3 meeting where commissioners voted to demote Hambley to interim health officer and announced their intention to replace her with a man named Nathaniel Kelly.
In her lawsuit, Hambley accuses multiple commissioners, and newly hired County Administrator John Gibbs, of interfering in her ability to do her job.
A judge heard arguments in the case back on March 31.
Initially, Hambley’s attorney requested that Judge McNeil extend a temporary restraining order already in place into a preliminary injunction. At that time, the judge decided to keep the temporary restraining order in place.
Another issue addressed during the hearing last month was whether Hambley was properly appointed as health officer in the first place.
“Ms. Hambley was never appointed in December of 2022,” attorney David Kallman said in court last month.
“The letters came back (from MDHHS)… it’s kind of confusing which letter, but clearly, the department says she is qualified.”
The Michigan Department of Health and Human Services sent two letters back to the county regarding Hambley meeting their qualifications, with one letter saying she couldn’t begin her role as health officer until April 1, 2023.
But, a spokesperson for the department tells FOX 17 that Hambley was approved to begin serving as Health Officer beginning on Dec. 21, 2022, not April 1, 2023, as attorneys for the county are now claiming.
But, Kallman says Hambley was never appointed by the former board of commissioners once she was approved by the MDHHS.
“Then January 3, they appoint her ‘interim’ health officer,” Kallman said in court.
The previous commissioners introduced and approved a motion at a December 13, 2022, meeting to appoint Hambley the county health officer.
Kallman alleges that commissioners were required to meet again after December 21, when MDHHS approved Hambley's qualifications, to vote again on her appointment.
In her lawsuit, Hambley argues her demotion to interim health officer has stripped her of the ability to make decisions essential to her position.
Hambley alleges in her lawsuit that board members have interfered with discussions surrounding the extension of a contract with a community dental center.
She also alleges that they are interfering with her ability to apply for certain grants and that they were refusing to cooperate with a county-wide hospital/ community health needs survey being done.
She says the demotion was a "constructive termination of her employment as the health officer for the county," and that her complete termination as an employee of the county is "imminent."
According to Michigan law, the position of health officer cannot be terminated without just cause.
Hambley asserts in the lawsuit that her demotion was "philosophical and political", claiming the commissioners opposed "the exercise of many of the health officer's statutory powers under state law to initiate orders and other actions for protection of the public health."
Tuesday’s ruling means Hambley can continue to serve as Ottawa County’s health officer as the lawsuit will move forward.
Read the full opinion:
Opinion-CC - 2023-007180-CZ - HAMBLEY, ADELINE - 4-14-2023 - FILED 4-14-2023 by WXMI on Scribd
