OTTAWA COUNTY, Mich. — The Court of Appeals has ruled Adeline Hambley was rightfully appointed health officer of Ottawa County but says county commissioners retain the right to remove her from that position if they follow proper procedures.
Michigan Court of Appeals Judges Michelle Rick, Christopher Yates and Douglas Shapiro listened to arguments Wednesday over whether Hambley is Ottawa County's Health Officer and an injunction preventing the county from firing Hambley.
For almost an hour, the judges asked questions as both attorneys worked to prove they were right on Hambley's status as health officer.
It's one piece of a larger lawsuit filed by Hambley against the county and board of commissioners. She claims they wrongfully demoted her with the goal of eventually firing her.
Ottawa County's corporate council, which is the Kallman Legal Group, argues the previous board didn't properly appoint her. Hambley's attorney, Sarah Howard, said she was.
Thursday morning, the Court of Appeals released its ruling, affirming the trial court’s ruling that Hambley was properly appointed as health officer.
"They had no right to fire her or demote her on day one. So we're extremely pleased about that outcome," Hambley's attorney Sarah Howard told FOX 17.
The court, however, also said that the commission “nonetheless retains the authority to terminate Hambley if the commission complies with the procedures and standards prescribed in MCL 46.11(n).”
"We were very pleased with, and the court agreed with us, which is that MCL 46.11, this statute that can be used to remove a health officer, that our clients have the right to utilize that statute and to hold a hearing and to do what they're doing," Kallman told FOX 17.
Kallman also told FOX 17 on Thursday that they plan to appeal the Appeals Court decision regarding the judge's ruling to the Michigan Supreme Court on Hambley's status as health officer.
"We don't think a board can change through a resolution, what the board actually voted on, that one chairperson can change what the full board did. So at this point, we plan on appealing that ruling, that part of the ruling," Kallman said.
Howard adds she now hopes to get this entire case back in the trial court.
"I think the important part, as the judges referred to yesterday (Wednesday), is that really, the trial court should be the person in charge of reviewing recent fact developments and deciding how we're going to proceed and if they can proceed," Howard added.
While we wait for what's next, The Ottawa Impact-majority board is moving forward with a removal hearing for Hambley, something the Appeals Court says they can.
She's accused of incompetence, misconduct and neglect of duty during the county's budgeting process.
Kallman explains the date is now on the 24th, and they are scheduling two days for the removal hearing.
"Any witness she wants to call. Obviously, the only people she can't call would be us, the corporate counsel. I mean, you can't call opposing counsel. And it'd be attorney-client privilege. We don't believe she can call any of the commissioners as witnesses because they are the triers of the fact they're the ones making the decision," Kallman added.
"Whether or not they are proceeding on an intent to find a just cause to fire her and actual reasons supported by evidence that would justify removing her, and then what the procedures are going to be," Howard said.
Read the full Court of Appeals ruling below.
Court of Appeals decision on Adeline Hambley by WXMI on Scribd
