MUSKEGON, Mich. — The battle continued on Monday between Ottawa County and its top health official, as Health Officer Adeline Hambley and county lawyers appeared in court once again.
The hearing was a continuation of Hambley's efforts to get 14th Circuit Court Judge Jenny McNeill to enforce what Hambley says was a final settlement agreement with the county. Among other terms, the potential settlement would have the county pay Hambley $4 million in exchange for her resignation.
The settlement discussions originally stemmed from a termination hearing held in late October, when Board Chairman Joe Moss alleged that Hambley had engaged in misconduct, incompetence and neglect of duty for actions she took during the county budget process.
Litigation between Hambley and the county has continued since January when commissioners attempted to remove her from her post without prior notice.
Monday's hearing had originally been scheduled for last week but was delayed by Judge McNeill after she determined she needed more time to consider newly filed documents.
McNeill heard arguments on Monday from Hambley's lawyer and attorneys for the county board of commissioners over whether the court should enforce that agreement.
Hambley's argument stems from the board's Nov. 6 meeting, in which, after hours of discussions behind closed doors, commissioners voted publicly, 7-3, to accept their counsel's "recommendation on litigation and settlement activities" with Hambley.
Hambley's attorney has said she believes that vote was an acceptance of the $4 million agreement.
The county's lawyers, however, have argued that the vote did not equate to a final agreement on any settlement.
While no witnesses were heard Monday, Hambley's attorney notched a key victory when McNeill ordered the county to hand over the minutes from the commissioners' closed session on Nov. 6 for McNeill to review.
"I think the minutes are going to reveal that they wanted to agree to the $4 million package with all of the other terms, and that's what they intended when we left on November 6," Howard told reporters Monday.
The county's legal counsel also spoke to reporters following the judge's decision.
"As I said in court, I have no problem with [McNeill] looking at the minutes, because it's going to bear out what we've been saying all along," Ottawa County legal counsel David Kallman said. "The [board] took no vote. The [board] took no action in closed session, because they are barred legally from doing so. And I trust that the judge, when she sees that's borne out in the minutes, she'll deny the motion [to enforce the settlement]."
The judge also ordered another hearing to hear testimony from witnesses, including county commissioners and County Clerk Justin Roebuck.
That hearing will take place at 9 a.m. on Jan. 19, 2024.
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