WEST OLIVE, Mich. — Tuesday night, the Ottawa County Board of Commissioners swore in eight new members, a group backed by the conservative organization Ottawa Impact.
Wednesday, many people questioned the legality of these decisions, and wondered if the board violated the Open Meetings Act.
“Before they’re sworn in, No,” said law expert Gerald Fisher when asked if commissioners-elect are subject to the Act. “Here’s the key to that. At that point they have no right to make policy for the county. They’re not authorized to make policy for the county. So, there’d be no need for the protection for the Open Meetings Act.”
Fisher is professor emeritus at WMU Cooley Law School. He spent 30 years as a local government attorney, representing in court cites, villages and townships. Now he's a consultant.
Fisher said commissioners-elect were free to meet at any time prior to the meeting. However, now that they have been sworn in they have to abide by the Open Meetings Act which was passed in the 1970s.
“It provides that that when a quorum meeting, enough people that to make a decision in a local government, when they meet and discuss policy, that in other words are deliberating toward a decision on one of their subjects that they have authority to do, that has to be in an open meeting,” Fisher said during a Zoom interview.
Immediately after the group was sworn in, county administrator John Shay was fired and John Gibbs was hired for the job.
READ: John Gibbs appointed Ottawa County administrator in unexpected vote
“It’s not unusual to see a change like this after there’s a significant change to the composition of the county board or any board for that matter,” said Brad Glazier, en employment attorney with Bos & Glazier. “So, typically the board will want someone that fits their mold of what the county administrator should look like, what sort of skills they have, and someone that’s going to be I guess loyal to the county board as opposed to the previous person in that role.”
Gibbs (R) recently ran for congress and was endorsed by former President Donald Trump. However, he lost Michigan's 3rd congressional seat to democrat Hillary Scholten.
Glazier said he doesn’t believe any laws were violated. However, a breach of contract may come into question.
“It really boils down to whether or not this breach the contract and whether or not the board is obligated to provide the former county administrator with severance under those circumstances,” Glazier said during a separate Zoom interview. “Oftentimes these end up being negotiated.”
Glazier said they usually boil down to cause.
Also at the meeting, the county diversity team was terminated.
Wednesday afternoon, Attorney General Dana Nessel announced that her office will be looking into how the decisions were made. Once they’re done they’ll release the findings.
“It seems like the county just decided to make a change because they wanted someone new in the office,” Glazier said. “And so I doubt very much if they could prove just cause under these circumstances”
MORE COVERAGE: Ottawa County Commissioner on Gibbs vote: "That's deception."
