A hearing to remove Adeline Hambley with cause from her position as Ottawa County Health Officer will proceed tomorrow morning as planned. (October 24, 2023 at 8:00 am). Due to her actions during the budgeting process, Ottawa County Commissioners scheduled a hearing in accordance with Michigan Law, MCL 46.11 (n) to consider her removal. Commissioners prepared and published a file of evidence including emails and documentation. The reasons for removal include making false public statements that resulted in public fear and confusion, and failing to cooperate with colleagues through the budgeting process.
In an effort to postpone the hearing through her attorney Sarah Howard, Hambley filed a motion asking for an injunction prohibiting the Ottawa County Board of Commissioners (OCBOC) to have the ability to remove her from her position with cause in accordance with MCL 46.11 (n), be reinstated. In addition, she requested the hearing called by the OCBOC to be postponed.
The case was heard by Muskegon 14th Circuit Court Judge Jenny McNeill who previously issued an injunction prohibiting the OCBOC from removing Hambley. At that time, the judge believed the commissioners were trying to remove Hambley based on a technicality. The prior injunction was removed by the appellate court which ruled Hambley had been properly appointed to her position.
At the hearing on Monday, October 23, 2023, Howard asked the court for a stay to give the judge time to review the case, asked for the judge to postpone the commissioner’s legislative hearing, and asked for the injunction to be reinstated. In addition, Howard requested Judge McNeill provide more definition for the commissioner’s hearing, such as who could be called as a witness, and for a definition of incompetence.
Ottawa County Attorney David Kallman argued that the appellate court was clear, and he made the following points:
The injunction had been removed, and the commissioners could proceed with their legislative hearing.
The commissioners were following statutory requirements.
Hambley had been given proper notice of the hearing, and she was being offered more accommodations than required by law.
The trial court does not have jurisdiction over a legislative hearing.
Judge McNeill agreed and explained that the trial court does not have jurisdiction over a legislative hearing and, if the hearing happens, and the commissioners do not follow the law, Hambley is free to file another claim.
It appears this last-ditch effort by Hambley and her attorney to postpone the hearing was unsuccessful. This hearing was successful however, in costing Ottawa County tax payers both time and money.