OTTAWA COUNTY, Mich. — The Michigan Court of Appeals has shot down a complaint alleging Ottawa County Commissioners violated the Open Meetings Act.
Ottawa County's corporate counsel, Kallman Legal Group attorney David Kallman, says he's pleased by the court's unanimous decision.
In a press release, his firm added this was an attempt "to weaponize the legal system to attack duly elected officials for simply following through on their campaign promises."
Kallman added that there were times when the commissioners talked as a group, whether on the campaign trail or over the phone.
"Were there times or two or three or four hours? So, it might have been talking around the phone? Of course. I mean, that happens all the time. It happens right now with the board. As long as it's not a quorum of the board, then they're not subject to the Open Meetings Act," Kallman said.
Nearly a handful of people from Ottawa County sued, alleging a majority of members supported by Ottawa Impact met privately after winning their election and before being sworn into office. Their attorney, Mark Brewer, adds that during that time, the board majority made decisions on how to run the county.
Brewer says they're considering an appeal to the Michigan Supreme Court.
"This decision opens the door to really massive evasions of the Open Meetings Act. Because now other public bodies can do exactly what the Ottawa County Commission did meet and secret make secret decisions without any public input," Brewer said.
Court rules that Ottawa Impact commissioners didn't violate Open Meetings Act by WXMI on Scribd
On the first day of office, these commissioners overhauled the county government by doing the following:
- Closed the Diversity, Equity and Inclusion Department.
- Fired the county administrator and hired John Gibbs to take over the role.
- Granted a no-bid contract to the Kallman Legal Group to represent the county on legal counsel.
- Attempted to demote the current health officer and hire their pick for the role.
Michigan Attorney General Dana Nessel and her team conducted an investigation earlier this year. Not long after that announcement, her office concluded the officials didn't violate the OMA.
"I mean, Michigan's constitution is crystal clear. You don't become an officer, a public official until you take your oath of office and enter into the duties of your office. And so, up until then, you're not a public official, and all these laws and disclosures and all these sorts of things, none of that applies to you," Kallman told FOX 17.
Ottawa County is currently fighting three other lawsuits.
So far, this case has cost the county $33,000.
