MUSKEGON, Mich. — A proposed $4 million settlement between the Ottawa County Board of Commissioners and the county Health Officer will not be enforced by court ruling.
According to David Kallman, the attorney for Ottawa County, Judge Jenny McNeill ruled against Adeline Hambley's motion to finalize a settlement proposed during her settlement hearing.
Ottawa County leaders were expected to testify Friday if there was an agreement on a $4 million deal to have their health officer resign.
Chairperson Joe Moss, Commissioner Jacob Bonnema, Doug Zylstra, Roger Bergman and County Clerk Justin Roebuck were the key witnesses set to appear in front of a Muskegon County judge Friday for an evidentiary hearing at 9 a.m.
We’re off to court to learn more about an alleged $4 million deal for the Ottawa County health officer to resign. https://t.co/KXCSF5nM0p
— Matt Witkos Reporter (@matt_witkos) January 19, 2024
The Board of Commissioners and Clerk both moved to put the hearing in closed session, Open Meetings Act concerns. The hearing centered around what happened during closed sessions of the Board of Commissioners during Hambley's termination hearing.
Judge McNeill read meeting minutes from those closed sessions before Friday's hearing. Those minutes are not available to the public.
About 20 minutes into the hearing, Judge McNeill granted the motion to put court into closed session as well.
"If I have a hearing and it's open to the public, that bell can't be unrung like it's out there. So, I think they have a valid point that if this information is restricted by the OMA that I do need to close the hearing," McNeill said.
Only the judge, court staff and attorneys remained in the courtroom. Media, the public and the officials set to testify were ordered to move out to the hallway.
Ottawa County Clerk Justin Roebuck was the first to be called to the stand. His testimony lasted until a lunch break.
Commissioner Bonnema was called when court returned, but remained in the courtroom for just minutes before returning to the hallway.
FOX 17 later learned that Roebuck was the only person to testify Friday.
Just after 1:30 p.m., attorneys left the courtroom saying the hearing finished. Kallman told FOX 17's Matt Witkos the judge will not enforce the proposed settlement.
Kallman - judge won’t enforce this alleged $4 million settlement. The evidentiary hearing is now over. Roebuck was the only one to testify. I’m waiting to talk to Howard.
— Matt Witkos Reporter (@matt_witkos) January 19, 2024
"I think the judge should have allowed me to take testimony from all the witnesses, but I'm stuck with where we are and the decision that she's made. And we'll have to go from there, potentially, to the Court of Appeals," Sarah Howard, Hambey's attorney, told FOX 17.
Howard said they do plan to appeal this decision.
"We're very pleased," Kallman said. "And now, maybe, we get to mediation and get to a real settlement of this case."
The mediation meeting is set for February 26.
