OTTAWA COUNTY, Mich. — A hearing was held Monday afternoon for the Ottawa County health officer's request to postpone her removal hearing.
Hambley's motion for a preliminary injunction was denied. Her removal is scheduled to begin Tuesday morning.
Muskegon County Judge Jenny McNeill says she doesn't have the power to grant an injunction. She also says that the Ottawa County commissioners are following the steps needed to move forward with the public removal hearing for health officer Adeline Hambley.
"They cannot remove Ms. Hambley simply because they don't like her. They can't do that. You know, but if there's, they're entitled to their hearing, that's what they didn't do in the beginning and they're doing it now," McNeill said.
McNeill laid out the county-filed charges and officially set a hearing date for Tuesday, where the commissioners will hear Hambley's side of the budget.
"Is it in the board's opinion, which I think we all know how that board is going to come out? Or is it a just cause standard?" Sarah Howard, Hambley's attorney, said.
"They [county commissioners] are bending over backward to let her call witnesses to produce any evidence. Judge, this is not a court proceeding tomorrow [Tuesday]. This is a legislative proceeding," Ottawa County Corporate Counsel Attorney David Kallman said.
Commissioners will consider four charges against Hambley. The county accuses her of incompetence, misconduct, and neglect of duty during the county's budgeting process.
In August, Hambley spoke out against proposed cuts, which she said would shutter the health department in a matter of weeks.
"The four charges are very clear. It's Ms. Hambley's statements and her mischaracterizations, not anything that any commissioner said; that's why it's irrelevant what some commissioner may or may not have said," Kallman said.
Howard says she plans to call witnesses, which include County Administrator John Gibbs, Financial Director Karen Karasinski, and former County Administrator John Shay are on that list.
"So we're gonna put on every piece of evidence we have and can get our hands on at this stage, which will clearly demonstrate that what they've charged her with is not true. Also, that is not the real reason that they want her out," Howard added.
Absentees from that list are county commissioners. Kallman says the commissioners are jurors in this hearing format, and can't be called.
"This is not a court hearing. There are no rules of evidence. Hearsay is permitted. I mean, anything comes in. She can present whatever she wants, and has already submitted voluminous documents, videos, and other things are already in the record that will be made part of the record at the hearing tomorrow," he added.
"I think the hearing is a sham," Howard said.
Kallman disagreed with Howard's remarks in court when she told the judge her feelings about the removal hearing.
"That's ridiculous. But this is a hearing that's being followed, that we're following the law. And we're doing what the law requires, as the judge just said," Kallman added.
This legal battle has gone on for several months. Recently, an Appeals Court ruled Hambley is, in fact, the health officer. However, commissioners have the right to remove her with just cause.
Howard says commissioners don't have that and adds she feels confident that commissioners plan to vote Hambley out of her job and says she's going to move forward with her client's original lawsuit and amend it to termination.
"I'm a realist. And I think I mean, again, I've been doing this a long time. And I don't think it's a big mystery what they've been trying to do since January 3," Howard added.
The county has blocked off two days for this removal hearing. The start of it begins at 8 a.m. on Tuesday.
READ MORE: Ottawa County Health Officer asks court to block termination hearing
