• Fri. Mar 24th, 2023

Well being officer asks choose for longer safety from Ottawa County firing her


Mar 17, 2023

OTTAWA COUNTY, MI – The embattled Ottawa County administrative well being officer is asking a choose to dam far-right county leaders from firing her till her lawsuit towards them concludes.

Within the Monday, March 13, submitting, the lawyer for Administrative Well being Officer Adeline Hambley requested a choose to forbid Ottawa Affect members on the Ottawa County Board of Commissioners from firing her whereas her lawsuit performs out in court docket.

It’s the newest in Hambley’s swimsuit towards seven Ottawa Affect members who in January voted to demote her to an interim standing to make means for an administrative well being officer who aligns extra intently with them politically.

A type of seven, Ottawa County Commissioner Rebekah Curran, has since introduced she is now not affiliated with the Ottawa Affect faction.

Associated: Ottawa County’s high well being official sues commissioners over ‘political’ demotion, ‘imminent’ termination

In Michigan, well being officers aren’t at-will workers and require particular trigger to be fired. Hambley filed her lawsuit towards the seven board members in February, alleging they plan to fireplace her with out trigger and have demoted her with out trigger, amongst different claims.

Along with damages and lawyer charges, Hambley is asking the court docket to reinstate her because the county’s well being officer with out an interim designation and require the board to observe guidelines associated to “simply trigger” in the event that they want to terminate her.

Earlier this month, a choose issued an emergency order briefly blocking the county leaders from firing Hambley.

Associated: Decide briefly blocks Ottawa County from firing well being officer

Hambley’s lawyer, Sarah Riley Howard, sought the emergency order out of fears Ottawa County Administrator John Gibbs quickly deliberate to fireplace Hambley. The county’s new company counsel, regulation agency Kallman Authorized Group, known as these claims utterly unfounded, as solely the county board has the facility to fireplace Hambley.

The emergency order stays in impact by March 31, when Muskegon County Circuit Court docket Decide Jenny McNeill will hear arguments by Kallman to throw the case out and sanction Hambley in addition to by Howard to successfully maintain the firing ban in place.

One of many key arguments by Kallman is that Hambley isn’t now and by no means has been the county’s well being officer. That argument took place after Ottawa Affect members on Feb. 28 voted to “right” the decision by the earlier county board that appointed Hambley.

The earlier board’s decision appointing Hambley made her appointment contingent upon her passing a background test and being confirmed by the state well being division.

Associated: ‘Rewriting historical past:’ Ottawa County’s ex-attorney calls foul on board’s revision to apparently oust official

Nevertheless, the brand new Ottawa County Board of Commissioners, led by a ultra-conservative majority known as Ottawa Affect, narrowly authorized a 3rd contingency added to that prior appointment decision, that the board be required to vote once more to approve Hambley’s appointment.

As a result of the board by no means held a second vote, Hambley’s appointment was by no means triggered, in response to Kallman.

“The whole case is based on (Hambley’s) wrongful assertion that she is the totally appointed and everlasting Ottawa County Well being Officer. She isn’t and by no means has been,” wrote David Kallman with Kallman Authorized Group.

“As a result of (Hambley) has by no means been appointed to be the everlasting well being officer, all of her claims collapse.”

The premise for the revision was the verbal movement made by former Ottawa County Commissioner Phil Kuyers on Dec. 13 introducing the decision to nominate Hambley. Kuyers said that Hambley’s appointment as well being officer was contingent on the board’s approval, her passing a background test and her affirmation by the state well being division.

The unanimously authorized accompanying appointment decision, nonetheless, solely references the background test and state well being division affirmation necessities. Hambley met these situations.

Howard wrote that the decision, not the movement, is the correct will of the board.

“When a movement is made for the only real function of proposing a extra detailed decision, the movement is nothing aside from the car by which the decision is launched and subsequently determined,” she wrote.

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