WEST OLIVE, Mich. — Ottawa County Commissioners put the head of day-to-day operations on leave following weeks of public discussion about employment status.
During a special meeting Thursday, the Board of Commissioners voted to have Administrator John Gibbs go on paid administrative leave. No timeline was set for the leave, or when Gibbs' status would next be reviewed by the board.
Ottawa County called for a special meeting to discuss its county administrator's letter threatening legal action if he was fired. pic.twitter.com/2Sbnz4UbuF
— Matt Witkos Reporter (@matt_witkos) February 22, 2024
The decision comes after Gibbs's attorney sent a letter to the county chairperson saying his client wants $630,000 to resign.
During open portions of Thursday's meeting Chairman Joe Moss told the board that Gibbs had presented a letter of resignation sometime after January 16, but later told Moss he no longer wanted to pursue that path.
Moss also claimed that Gibbs questioned why the board offered Health Officer Adeline Hambley a $4 million settlement for her resignation. Moss said there was no settlement deal with the health officer, calling it, "a false narrative from the media and from other people."
"It has seemed that John's relationship with the board has become more strained during this time period," continued Moss. "Concerns became more pronounced in December and in January, and board members began to tell me they thought the administrator was going to disregard some of their direction. However, I didn't personally experience any of this."
Gibbs' contract runs until 2026. He hasn't gone through a performance review despite being on the job for a year. However, he got a recent pay increase to $221,000 a year.
If the board were to fire Gibbs without cause, the county would have to pay him nine months' salary and provide health benefits.
Moss explains that's around $210,000.
"The people of Ottawa County would not be represented well if the staff within the government can operate without oversight or accountability, or they ignore elected officials."
Commissioners held a closed session for more than an hour before returning to vote on Gibb's paid leave. Only Commissioner Doug Zylstra voted no.
"I think we have to have all the information in front of us. And again, one of the reasons why I voted no is that, you know, I don't think we've adjudicated all the information," Zylstra told FOX 17.
Gibbs' attorney sent FOX 17 a statement:
Mr. Gibbs was confronted today with what the County described as recently uncovered allegations about his job performance that were never previously disclosed until this emergency board meeting. But as the public heard during the open meeting, the real reason that the Board is challenging Mr. Gibbs’ leadership is because he is using his position to oppose Board decisions that are detrimental to the County. These brand new allegations about his conduct were strictly obtained for the purpose of justifying a “for cause” termination. The forced leave of absence the Board placed him under is retaliation for Mr. Gibbs’ efforts to protect the County.
Moss told FOX 17 the county will continue with daily operations. We asked if Deputy County Administrator Ben Wetmore would fill in the role with Gibbs now out. "There is a deputy administrator he will do his job as deputy administrator," Moss said.
How we got here:
In a letter sent to the board on February 15, attorney Noah Hurwitz claims the county has been trying to get rid of Gibbs for months.
Hurwitz wrote that other county officials have "harassed, defamed and belittled" his client.
The letter says it all started when Gibbs raised concerns about the Kallman Legal Group, Ottawa County's corporate counsel.
The newly installed board hired both on the same day — January 3, 2023.
Just two months later, on March 10, Gibbs penned a letter to county officials laying three issues with corporation counsel.
The first issue mentioned was, "the insufficient availability of legal counsel with the effect that the county was often left without legal advice."
Second was, "the complete lack of any system with which to track legal deliverables with the effect that requests for legal service were left outstanding for long periods of time."
And the third was, "the competency of the Corporation Counsel to give appropriate legal advice."
John Gibbs Letter by WXMI on Scribd
Hurwitz says those concerns were not addressed, and instead, Gibbs was accused of trying "to seize power within the county."
The letter also highlights a lawsuit filed against Ottawa County, naming Gibbs.
He's accused of age discrimination while hiring the county's "senior executive aide" position. Hurwitz calls the suit baseless and says it quickly became a vehicle for the county to try and fire the county administrator.
He claims corporation counsel even offered his termination as part of a settlement offer.
Hurwitz says those attempts intensified in the new year. He states on February 12, 2024, Ottawa County Chairperson Joe Moss allegedly threatened Gibbs with termination if he didn't voluntarily resign.
The attorney adds Moss, "incriminated the county for violations of the Whistleblower Protection Act, telling my client that 'board members want you gone, especially after the letter Butzel sent.'"
Attorney Aaron Davis with Butzel Attorneys sent a letter on behalf of Gibbs to Moss in January, threatening legal action if his client was terminated.
Despite all of this, Gibbs offers to resign in the February letter in exchange for $630,0000. An amount his attorney says isn't a 'king's ransom.'
Hurwitz explains instead that it "represents a substantial discount from the damages, costs, and attorney fees that arise from litigation."
David Kallman told FOX 17 the letter is "full of inaccuracies." He later sent us a statement:
“We are disappointed that Mr. Gibbs made baseless and false accusations against our office in an attempt to deflect scrutiny from his own actions. Board Chair Joe Moss noted in today’s special meeting that complaints have been lodged against Mr. Gibbs and the Board voted to immediately place him on paid administrative leave. None of these numerous and serious complaints originated from our office. I am sure Mr. Gibbs and his counsel will respond to these serious complaints before the Board of Commissioners makes a final determination as to his job status.”
