OTTAWA COUNTY, Michigan — The Michigan Court of Appeals has vacated an order by a Muskegon County judge that prevented Ottawa County from firing its top health officer.
Back in April, Judge Jenny McNeill put a temporary injunction in place, saying the board could only remove Adeline Hambley if she is incompetent or is engaging in misconduct, which the county has not alleged.
On Tuesday, Court of Appeals Judge Mark Boonstra tossed out the order, saying state law allows a county board to remove a health officer in limited circumstances and when certain processes are given.
Lawyers for the Ottawa County Board of Commissioners have 35 days to respond to the appeal and Hambley’s attorneys have to respond within 21 days after that.
The decision comes months after the Board of Commissioners voted to 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.
"We're pleased the Court of Appeals is following the rule of law, and is complying was allowing our clients to exercise their authority under state law and under state statutes. So many of the arguments were making the court has already ruled that we were correct," Dave Kallman, attorney for Ottawa County said.
"So, now we're down to the main issue in the case with Miss Hambley's status, and we'll see what the Court of Appeals says. So, we're confident in our position. We'll see what the court says."
Hambley's lawsuit argues Ottawa County commissioners did not provide enough evidence to fire her from her health officer position. Hambley is seeking economic and compensatory damages from what the commissioners have done.
"So, she's going to continue doing her job and serving the citizens of our county," Sarah Howard, Hambley's Attorney said.
"She's taking things one day at a time continuing to do her work and make decisions under her state authority for the best interests of the public health of our county citizens. And I get to worry about what happens at the court of appeals or other courts. So, you know, it's pretty much business as usual for her."
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