OTTAWA COUNTY, Mich. — A judge has dismissed a lawsuit alleging the Ottawa County Board of Commissioners violated the Open Meetings Act (OMA) when it made crucial decisions before new members were sworn in on Jan. 3, 2023.
The lawsuit was initially submitted by several Ottawa County residents who were represented by former chair of the Michigan Democratic Party Mark Brewer and focused on actions the commissioners took and meetings they held prior to being sworn into office on Jan 3.
The lawsuit claimed that while the commissioners had not been sworn into office yet, they were acting as what is legally called a de facto public body.
Muskegon County Circuit Court Judge Matthew Kacel issued his opinion dismissing the lawsuit on July 12.
In his opinion, Judge Kacel explains that an individual or group becomes a public body for the purposes of the OMA only when it is "empowered" to exercise government authority or perform a government function by a "state constitution, statute, charter, ordinance, resolution or rule."
Kacel wrote, "As for Count II of the Plaintiffs Complaint, the Ottawa 9 were not representatives of the people in November and December 2022 as they had not yet been sworn in as members of the BOC. Thus, their conduct during that period did not violate the Michigan Constitution."
READ MORE: AG Nessel: Ottawa County Commissioners did not violate Open Meetings Act
Attorney for the Ottawa County Board of Commissioners David Kallman, from the Kallman Legal Group, stated in a press release following the dismissal of the lawsuit that the OMA pertains only to board members who are part of a unified body authorized to carry out governmental functions, stating no one before Jan. 3 had that kind of power.
“Mr. Brewer and his political allies attempted to weaponize the legal system to attack duly elected officials for simply following through on their campaign promises, all at the expense of the taxpayers of Ottawa County,” says Attorney David Kallman, who represents the Board. “We are pleased that Judge Kacel saw through this nakedly partisan lawsuit and dismissed all counts.”
The lawsuit was filed after Board members voted in favor of demoting Health Officer Adeline Hambley to interim health officer and named Nathaniel Kelly as her potential replacement.
READ MORE: Court of Appeals denies motion from Ottawa County health officer
Michigan Attorney General Dana Nessel previously stated the Board did not violate the OMA in February.
Though they did not violate the Open Meetings Act, Nessel did criticize the behavior of certain board members for their lack of transparency and good governance, and for violating the trust placed in them as elected officials by their constituents.
“Incoming board members clearly held secret meetings, outside of public view, prior to taking office in an effort to execute their will without interference,” Nessel said. “While this behavior does not violate the current standards set forth in the Open Meetings Act, it is the antithesis of transparency and good governance.”
Read the full opinion dismissing the lawsuit below.
Judge Dimisses Open Meetings Act Lawsuit by WXMI on Scribd
