MUSKEGON, Mich. — 14th Circuit Court Judge Jenny McNeill handed down a pivotal ruling on Monday in the case of Ottawa County Health Officer Adeline Hambley as Hambley fights to keep her job.
McNeill 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," 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."
The judge sided with the county, however, when they argued that Michigan law and a previous appeals court ruling were clear that the county is able to hold the hearing as long as they gave Hambley the notice of the hearing, the charges and the chance to be heard.
"We're letting her submit whatever evidence she wants to," Ottawa County legal counsel David Kallman said. "We're not objecting to anything, and so she can call whoever she wants. I don't know how this is not a fair hearing."
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 is scheduled for 8 a.m.
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