OTTAWA COUNTY, Mich. — Ottawa County will not have a seamless transfer from one health official to another Tuesday if commissioners are successful in removing Adeline Hambley from her post.
That's because the Michigan Department of Health and Human Services has not approved Ottawa County's request for Nathaniel Kelly, who works as a safety manager for a West Michigan HVAC company, to replace current Administrative Health Officer Adeline Hambley.
In a letter to Ottawa County Administrator John Gibbs Monday, the state health department said Michigan Administrative Code R 325.13008 requires a vacancy in order for them to appoint an acting health officer.
"At the time of this review, there is no vacancy, as the position is occupied by an individual who is qualified, full time, and permanent," the state said.
You can read the letter the Department of Health and Human Services sent to Ottawa County Administrator John Gibbs on Monday:
A judge ruled that Ottawa County's Board of Commissioners can move forward with a termination hearing set for Oct. 24 to decide whether Hambley should be fired for alleged incompetence.
"They cannot remove Ms. Hambley simply because they don't like her," 14th Circuit Court Judge Jenny McNeill said. "They can't do that, you know. But, they're entitled to their hearing. That's what they didn't do in the beginning, and they're doing it now. And I don't think that I can second-guess or pre-judge it or set the rules on it."
Hambley's attorney, Sarah Howard, argued that more time was needed for the judge to consider more evidence and, therefore, McNeill should put a stay on the termination hearing.
Howard said that statements made and actions taken by commissioners, including an attempt to demote her in January without a hearing, prove they will not be a fair decision-making body.
"I think the board is going to vote exactly how they did on January 3," Howard told reporters following Monday's ruling. "They wanted to do that from the beginning. They've tried various ways of getting there. They want to appoint someone who politically aligns with them, which is not what MCL 46.11 stands for."
In the hearing that could go into Wednesday, Hambley will not be allowed to include commissioners in her list of witnesses.
The list they do have, her attorney said, includes County Administrator John Gibbs, former County Administrator John Shay, and other members of former and current administration.
Tuesday's hearing began at 8 a.m.
This is not the first time the board has tried to remove Hambley from her post. The newly-elected board voted on Jan. 3 that they would make Hambley the Interim Health Officer while they worked to hire Nathaniel Kelly for that position.
Kelly has been an outspoken critic of pandemic safety measures like masking and social distancing.
Earlier this year, Hambley filed a lawsuit against Ottawa County and seven out of the eight new commissioners who took office in January. The lawsuit states "the demotion of Hambley to 'Interim' Health officer was a constructive termination of her employment as the Health Officer for the County."
The lawsuit asks a judge to remove the "Interim" designation and award Hambley an unspecified amount of punitive damages.
That legal dispute is ongoing.
►Make it easy to keep up to date with more stories like this. Download the 13 ON YOUR SIDE app now.
Have a news tip? Email news@13onyourside.com, visit our Facebook page or Twitter. Subscribe to our YouTube channel.