During the January 3rd meeting of the Board of Commissioners, the retirement wishes of long time Ottawa County Corporation Counsel, Doug Van Essen, were honored and an interim counsel was appointed. Near the beginning of the meeting, Commissioner Gretchen Cosby moved to approve and amend a resolution to accept the intended resignation of Doug Van Essen given on December 22, 2022, and appoint Kallman Legal Group PLLC as interim Corporate Counsel.
Commissioner Cosby’s move created a lot of discussion.
According to an email sent on December 22, 2022, from Van Essen to incoming County Commissioners Allison Miedema, Gretchen Cosby, Jacob Bonnema, Joe Moss, Lucy Ebel, Rebekah Curran, Roger Belknap and Silvia Rodea, and forwarded to Commissioner Doug Zylstra by Commissioner Bonnema:
“1. I was planning on retiring from my corporation counsel job January 1st anyway and was only sticking around until a full-time replacement could be found to sit every day in my office and perform the work every day that is required in an operation that has 1800 employees and a quarter of a billion dollar budget. I actually only took the position in 2017 as a favor to Al Vanderberg, so, I am not writing this about me. You can do whatever you want for whatever reason to my position as corporation counsel.”
This email clearly shows Van Essen’s intention to retire which explains why several commissioners were confused when Van Essen said, “As we speak, there is no Silver & Van Essen. That firm dissolved at the end of 2022. So, there’s no need to terminate a contract with Silver & Van Essen that doesn’t exist. I am an employee. I assume that the board’s wish is to terminate my services as an employee.”
This led to a lengthy exchange full of confusion and inconsistency. When commissioners attempted to accept Van Essen’s resignation effective January 1, 2023 as referenced in the email, Van Essen said, “I don’t know what email you are referring to.”
The discussion continued. In an attempt to understand how Doug Van Essen became a county employee, the following exchange took place.
Commissioner Moss asked, “So the board voted to approve the change, to make the change to make him an employee?”
Commissioner Zylstra answered, “There was no vote on that. It was simply Corporate Counsel’s intent to leave.”
Commissioner Moss asked, “So who made the decision to change the contract with Silver & Van Essen and hire a new employee in the county?”
Doug Van Essen responded, “In 2017 Silver & Van Essen was not appointed as corporation counsel. I was appointed personally as corporation counsel with the intent of becoming an employee.”
Commissioner Moss asked, “Who made the decision last week, or the week before, or the week prior to that to make this change? Wouldn’t that be a board decision?”
Doug Van Essen responded, “The decision was made in 2017.”
So the question was: who made the decision to hire Doug Van Essen as a county employee starting on January 1, 2023? Mr. Van Essen’s answered that the decision was made in 2017.
The discussion continued.
Commissioner Rhodea asked, “Did Ottawa County have a contract with Silver & Van Essen to fulfill the Corporate Counsel role for Ottawa County for a number of years?”
Doug Van Essen, “No.”
Commissioner Rhodea, “Was there a contract that existed, in order to pay for your services through Silver & Van Essen?”
Doug Van Essen, “No, there was no contract. I was appointed as Corporation Counsel. The understanding is that I would bill for those services at the same rate, $162/hr, a flat-capped fee, that the old former 25-year employee Corporation Counsel were.”
Commissioner Rhodea, “Why was it necessary for you just to become an employee as of January 1, 2023, if there was not a contract with a legal group for your services?”
Van Essen, “So, the appointment was of Doug Van Essen Corporation Counsel; a personal office, with a personal occupant. The billing arrangement was through Silver & Van Essen which went out of existence because that firm merged with a Detroit firm effective January 1, 2023. So, not knowing that this was going to occur, the understanding was that I would become, at long last, what we had originally envisioned, in 2017, a salaried employee.”
Commissioner Rhodea, “but there was in fact, a contractual relationship between a law firm related to the services that you provided to Ottawa County.”
Van Essen, “No.”
Moss, “Have you read or seen a contract between Silver & Van Essen LLPC and Ottawa County?”
Commissioner Rhodea, “I believe I have.”
Commissioner Moss, “Let’s assume for a moment that you have. I know I have. I’m wondering who signed that contract on behalf of Silver & Van Essen? Was it the president of Silver & Van Essen in 2017?”
Commissioner Rhodea, “I don’t know?”
Commissioner Moss, “I do. It was the president of Silver & Van Essen. At least that’s how it’s listed on the contract.”
Commissioner Rhodea, “and who was that?”
Commissioner Moss, “Doug Van Essen.”
So, Commissioner Cosby moved to accept the retirement notice from Doug Van Essen sent via email, and appoint interim counsel, but Van Essen attempted to frame the situation as if the commissioners were eliminating the position of corporation counsel and terminating his employment. Just to be absolutely clear, Mr. Van Essen was not fired, he was retiring.