MUSKEGON, Mich. — The lawsuit filed by Ottawa County’s former top health official, now interim health officer, against several newly seated commissioners is moving ahead.
Adeline Hambley has worked for Ottawa County for more than 18 years.
She was the county’s health officer until a January 3, 2023, meeting in which she was demoted to interim officer.
In her lawsuit, Hambley accuses multiple commissioners, and newly hired County Administrator John Gibbs, of interfering in her ability to do her job.
Hambley, her attorney Sarah Howard, along with Commissioner Joe Moss and county attorney David Kalmman were in a Muskegon courtroom Friday afternoon for a hearing in the case.
Because the lawsuit is intertwined with county officials, it was moved to another venue, Muskegon County.
Circuit Court Judge Jenny L. McNeill oversaw the hearing Friday.
Judge McNeill told the court just before 3 p.m. that she plans to issue a written order in the case.
She declined to escalate a temporary restraining order as requested by the plaintiff.
FRIDAY’S HEARING
“She's been committed to the work of the health department for 18 years. She accepted this position in good faith. She's been appointed by the state health department and was also appointed by the previous Ottawa County Board of Commissioners,” Lisa Stefanovsky, the county health officer that preceded Hambley, told FOX 17 before Friday’s hearing began.
“I think it's it's been hard on everybody at the health department. There's a lot of folks that feel disrespected and devalued for the work that they're doing.”
The hearing Friday addressed multiple points of contention.
Initially, Howard requested that Judge McNeil extend a temporary restraining order already in place into a preliminary injunction.
Back on March 8, a judge issued a temporary restraining order against Ottawa County Commissioners, barring them from removing Hambley from her position until the suit moved through the court system.
Judge McNeill decided to keep the temporary restraining order in place Friday, instead of extending it to a preliminary injunction.
Another issue addressed Friday was whether or not Hambley was properly appointed as health officer in the first place.
“Ms. Hambley was never appointed in December of 2022,” David Kallman said in court Friday.
“The letters came back (from MDHHS)… it’s kind of confusing which letter, but clearly, the department says she is qualified.”
The Michigan Department of Health and Human Services sent two letters back to the county regarding Hambley meeting their qualifications, with one letter saying she couldn’t begin her role as health officer until April 1, 2023.
But, a spokesperson for the department tells FOX 17 that Hambley was approved to begin serving as Health Officer beginning on Dec. 21, 2022, not April 1, 2023, as attorneys for the county are now claiming.
But, Kallman says Hambley was never appointed by the former board of commissioners once she was approved by the MDHHS.
“Then January 3, they appoint her ‘interim’ health officer,” Kallman said in court.
The previous commissioners introduced and approved a motion at a December 13, 2022, meeting to appoint Hambley the county health officer.
She was approved by the MDHHS to begin her role starting on December 21, 2022.
Kallman alleges that commissioners were required to meet again after December 21 to vote again on Hambley’s appointment.
WHERE THIS STARTED
This whole debacle goes back to a January 3 commissioners meeting where Hambley was demoted, commissioners spoke about their intention to replace her with a man named Nathaniel Kelly.
In her lawsuit, she argues her demotion to interim health officer has stripped her of the ability to make decisions essential to her position.
Hambley alleges in her lawsuit that board members have interfered with discussions surrounding the extension of contract with a community dental center.
She also alleges that they are interfering with her ability to apply for certain grants and that they were refusing to cooperate with a county-wide hospital/ community health needs survey being done.
She says the demotion was a "constructive termination of her employment as the health officer for the county," and that her complete termination as an employee of the county is "imminent."
According to Michigan law, the position of health officer can not be terminated without just cause.
Hambley asserts in the lawsuit that her demotion was "philosophical and political", claiming the commissioners opposed "the exercise of many of the health officer's statutory powers under state law to initiate orders and other actions for protection of the public health."
