On January 19, 2024, Judge Jenny McNeill ruled that a binding agreement between the Ottawa County Board of Commissioners (OCBOC) and Ottawa County Health Director Adeline Hambley was not reached during closed session on November 6, 2023. The two parties are now expected to begin mediation with Grand Rapids attorney Tom Behm, tentatively scheduled for February 26, 2024.
The January 19, 2024, hearing stemmed from a 46.11(n) legislative hearing to remove Adeline Hambley with cause from her position as Ottawa County Health Officer. The original proceeding began on Tuesday, October 24, 2023, and has not yet been completed. Hambley is accused of demonstrating incompetence, misconduct, and neglect of duty in her position as Ottawa County Health Officer during the FY24 budgeting process. Commissioners allege Hambley made false statements that resulted in public fear and confusion, and that she failed to cooperate with colleagues throughout the budgeting process. Hambley alleges Administrator Gibbs was unavailable and uncooperative during the process. Here is a brief history of events.
The day before the 46.11(n) legislative hearing was scheduled to begin, Judge McNeill denied a request from Hambley’s attorney Sarah Howard to provide definition for the legislative hearing as the trial court does not have jurisdiction over a legislative hearing. She also denied a request from Howard to postpone the hearing.
During the first day of the 46.11(n) legislative hearing, attorney Sarah Howard extensively questioned ten witnesses, but few of her questions related directly to the charges against Hambley. On day two of the 46.11(n) hearing, Howard questioned County Administrator John Gibbs. OCBOC attorney David Kallman asked few questions in comparison.
November 6, 2023
OCBOC entered closed session and began negotiating a settlement agreement with Hambley. At the end of the closed session on November 6, the commissioners voted to accept the recommendations from corporate counsel regarding litigation and settlement activities in the case of Adeline Hambley as addressed during closed session. There were no official reports or statements regarding a settlement since no binding agreement had been finalized.
Several media outlets reported that Ottawa County Health Director Adeline Hambley and the OCBOC had reached a $4 million settlement. Despite there being a closed session, reports referred to statements from Commissioner Doug Zylstra and Commissioner Jacob Bonnema. Commissioner Jacob Bonnema also provided a statement on his Facebook Page.
November 14, 2023 and November 28, 2023
OCBOC continued the 46.11(n) legislative hearing in closed session. No binding settlement agreement was reached. During negotiations to reach a mutual employment separation agreement, Ottawa County Health Director Adeline Hambley made an offer to the OCBOC to resign her position in exchange for $8 million. She later reduced her request to $4,455,000 and then again lowered her request to $4,000,000.
November 16, 2023
Attorney Howard filed a motion to enforce the non-existent settlement agreement.
Attorney Howard filed two motions alleging violations of the Open Meetings Act (OMA) by the OCBOC.
January 19, 2024
After reviewing the meeting minutes from the November 6 closed session, the judge ruled to proceed with the hearing, but closed the hearing to the public and the press. Judge Jenny McNeill ruled that a binding agreement between the Ottawa County Board of Commissioners (OCBOC) and Health Administrator Adeline Hambley was not reached during closed session on November 6, 2023.