LANSING, Mich. — Michigan Attorney General Dana Nessel has released her findings following an extensive review of the Ottawa County Board of Commissioners.
The extensive review was announced by Nessel's office Jan. 4, to determine whether actions its members took to oust members of its leadership violated the Open Meetings Act (OMA).
In addition to her briefing Thursday, Nessel also issued a letter to the Ottawa County Board of Commissioners detailing the department’s findings.
In the letter, Nessel criticizes 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.”
The department has not yet determined if the board's actions violated the OMA, but has proposed amendments to the OMA that would:
- Require a public body to include an agenda for a public meeting at least 48 hours in advance of the meeting and limit the ability of the public body to modify that agenda during the meeting, except in exigent circumstances; and
- Define the term “public official” to include a person who has been elected to public office, but has not yet taken his or her oath of office or otherwise began his or her term.
“I will also be evaluating whether other laws governing local units of government should be amended to require additional transparency, ethical conduct, fidelity to a government’s own rules and policies, and accountability to their citizens,” Nessel added.
The review by Nessel's office came in response to a series of votes held by the Board during a Jan. 3 meeting that was not included in its public agenda prior to that meeting. These votes included major changes to the county's top leadership, ousting its county administrator, corporate counsel and demoting its top health officer to "interim" status.
During this meeting, former Republican congressional candidate John Gibbs was voted in as Ottawa County's new administrator.
County commissioners also adopted a new slogan: "where freedom rings," which will replace the previous slogan "where you belong."
In a vote, commissioners also fired Administrative Health Officer Adeline Hambley, MBA, REHS, and dissolved the office of Diversity, Equity & Inclusion.
Nessel also released guidance for any Ottawa County citizen that has continuing concerns about the board's conduct.
- A citizen has the right to commence a lawsuit against a public body under the OMA to challenge the validity of a decision of that public body made in violation of the act.
- A citizen may also obtain a court order compelling a public body’s compliance with the act or enjoining further noncompliance. A citizen who succeeds in a lawsuit filed under the OMA may recover court costs and actual attorney fees.
- Citizens may contact the Audit Section of the Community Engagement and Finance Division of the Michigan Department of Treasury for concerns about the expenditure of municipal funds, the Treasury Department can be contacted at 517-335-7469 or by sending a letter to 430 W. Allegan Street, Lansing, Michigan 48922. The State Treasurer can also refer the results of audits to the Department of Attorney General for review as to possible criminal prosecution or the filing of a civil lawsuit.
- The Michigan Election Code, MCL 168.951 et seq., provides for the recall of elected officials, including county commissioners, for conduct during their current term of office through a recall petition process. For elected officials with two-year terms, a recall petition can begin after an officer has held their position for six months but cannot be filed in the final six months of the official’s term.
Citizens may file a complaint with law enforcement, for concerns about potential future violations of the OMA.
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