Well being officer asks judge for longer protection from Ottawa County firing her

OTTAWA COUNTY, MI – The embattled Ottawa County administrative wellness officer is asking a judge to block far-proper county leaders from firing her till her lawsuit against them concludes.

In the Monday, March 13, filing, the lawyer for Administrative Well being Officer Adeline Hambley asked a judge to forbid Ottawa Effect members on the Ottawa County Board of Commissioners from firing her when her lawsuit plays out in court.

It is the most recent in Hambley’s suit against seven Ottawa Effect members who in January voted to demote her to an interim status to make way for an administrative wellness officer who aligns much more closely with them politically.

One particular of these seven, Ottawa County Commissioner Rebekah Curran, has considering that announced she is no longer affiliated with the Ottawa Effect faction.

Associated: Ottawa County’s prime wellness official sues commissioners more than ‘political’ demotion, ‘imminent’ termination

In Michigan, wellness officers are not at-will workers and demand particular trigger to be fired. Hambley filed her lawsuit against the seven board members in February, alleging they strategy to fire her with out trigger and have demoted her with out trigger, amongst other claims.

In addition to damages and lawyer charges, Hambley is asking the court to reinstate her as the county’s wellness officer with out an interim designation and demand the board to stick to guidelines associated to “just cause” if they want to terminate her.

Earlier this month, a judge issued an emergency order temporarily blocking the county leaders from firing Hambley.

Associated: Judge temporarily blocks Ottawa County from firing wellness officer

Hambley’s lawyer, Sarah Riley Howard, sought the emergency order out of fears Ottawa County Administrator John Gibbs quickly planned to fire Hambley. The county’s new corporate counsel, law firm Kallman Legal Group, named these claims entirely unfounded, as only the county board has the energy to fire Hambley.

The emergency order remains in impact via March 31, when Muskegon County Circuit Court Judge Jenny McNeill will hear arguments by Kallman to throw the case out and sanction Hambley as properly as by Howard to successfully retain the firing ban in location.

One particular of the important arguments by Kallman is that Hambley is not now and by no means has been the county’s wellness officer. That argument came about right after Ottawa Effect members on Feb. 28 voted to “correct” the resolution by the earlier county board that appointed Hambley.

The earlier board’s resolution appointing Hambley created her appointment contingent upon her passing a background verify and getting confirmed by the state wellness division.

Associated: ‘Rewriting history:’ Ottawa County’s ex-lawyer calls foul on board’s revision to apparently oust official

Nevertheless, the new Ottawa County Board of Commissioners, led by a ultra-conservative majority named Ottawa Effect, narrowly authorized a third contingency added to that prior appointment resolution, that the board be essential to vote once again to approve Hambley’s appointment.

Mainly because the board by no means held a second vote, Hambley’s appointment was by no means triggered, according to Kallman.

“The complete case is predicated on (Hambley’s) wrongful assertion that she is the totally appointed and permanent Ottawa County Well being Officer. She is not and by no means has been,” wrote David Kallman with Kallman Legal Group.

“Because (Hambley) has by no means been appointed to be the permanent wellness officer, all of her claims collapse.”

The basis for the revision was the verbal motion created by former Ottawa County Commissioner Phil Kuyers on Dec. 13 introducing the resolution to appoint Hambley. Kuyers stated that Hambley’s appointment as wellness officer was contingent on the board’s approval, her passing a background verify and her confirmation by the state wellness division.

The unanimously authorized accompanying appointment resolution, even so, only references the background verify and state wellness division confirmation needs. Hambley met these situations.

Howard wrote that the resolution, not the motion, is the correct will of the board.

“When a motion is created for the sole objective of proposing a much more detailed resolution, the motion is practically nothing other than the car by which the resolution is introduced and subsequently decided,” she wrote.

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