GRAND RAPIDS, Mich. — Ottawa County is set to settle another lawsuit by paying out $225,000.
Ryan Kimball, 49, sued the county after he was passed up for a job with the county for someone younger than him.
"It's very rare to have direct evidence of age discrimination, and that's what we had here," Kimball's attorney, Rob Howard, said.
An email obtained by FOX 17 shows the county's human resources director shared her concern about comments made by former County Administrator John Gibbs.
"I also have concerns regarding the comments you made in front of the interview panel about the ages of the candidates and your ability to 'boss' Mr. Epperson around easier because he is younger," the email shows. "I am concerned of the liability of the possibility of violating our Equal Employment Opportunity policy if we were to move forward with Mr. Epperson at this time."
Despite this email, Gibbs still hired Jordan Epperson, who was 23, as a senior executive aide.
Howard explains that this brought on emotional distress for his client.
"This was a well-qualified person, 49 years old, retiring from serving his country, who then finds out he's too old to work in this job. And you know, as a man of a similar age, that can be very harmful to your emotional state," Howard said.
The now-former human services director explained to Gibbs and the now-former deputy county administrator that Epperson didn't meet the minimum requirements for the position.
"In all the categories, Mr. Kimball meets the requirements more fully than Mr. Epperson," the email showed.
Gibbs has told FOX 17 that he saw Epperson as the right choice for the position.
"The candidate I hired did better in his interview," Gibbs said. "I also went based on recommendations; he had better recommendations. Also, he had more experience working in state and local government. The other candidate had zero experience working in state and local government."
When the job was posted, it showed that the county was willing to pay $39.20 for someone to be the point of contact for the county administrator and to assist them better.
"[Kimball] went through multiple interviews. He participated in sort of mock assignments where he had to write plans. It was a very robust interview process," Howard said.
His attorney added that Kimball had found employment elsewhere.
The Kimball case isn't the latest lawsuit Ottawa County has been able to settle.
Recently, the Michigan Supreme Court refused to hear a case involving allegations about violating the Open Meetings Act (OMA) by incoming commissioners aligned with Ottawa Impact.
The Michigan Court of Appeals agreed with a lower court in dismissing this case.
These claims came after the new board majority backed by OI members made sweeping changes moments after being sworn into office as commissioners.
The new majority voted to demote the health director and fire the current county administrator and corporate counsel. The new majority hired their handpicked employees shortly after firing these county leaders.
In April, Attorney General Dana Nessel announced the commissioners didn't violate the OMA.
"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."
Ottawa County Commissioner and Chairperson Joe Moss released the following statement:
Statement on Kimball lawsuit:
"The county was aware of alleged comments made by Mr. Gibbs that led the county to believe that it could not successfully defend against the claims of age discrimination. Therefore, it was in the best interest of the county to resolve the Kimball matter.
Statement on OMA lawsuit:
"Democrat activist attorney and former Chair of the Michigan Democratic Party Mark Brewer concocted a ridiculous lawsuit and lost three times in a row. His meritless lawfare wasted taxpayer dollars and was baseless on its face. The county has experienced two years of Democrat lawfare by Brewer in his attempt to politicize and weaponize the justice system, just like Democrats are doing at the national level. Ottawa County will continue to defend itself against Democrat activist lawfare. Please see the attached press release from corporate counsel regarding the Supreme Court’s decision."
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