MUSKEGON, Mich. — The Ottawa County Health Officer will be allowed to call members of the county commission to testify in court about what was discussed during closed sessions amid a termination hearing for the Health Officer.
Muskegon County Judge Jenny McNeill granted on Monday the motion by Adeline Hambley's, Sarah Howard, to subpoena five county officials at an evidentiary hearing to be held in January 2024. Hambley wants to call Ottawa County Commission Chairman Joe Moss to the witness stand, along with Commissioners Doug Zylstra, Jacob Bonnema, and Roger Bergman. Also being subpoenaed is Ottawa County Clerk Justin Roebuck.
Hambley's attorney tells FOX17 that the hearing is scheduled for January 19 at 9 am.
Howard is asking the court to enforce a $4 million settlement deal between her and the county on the terms established on November 6.
Judge McNeill ruled the county must hand over the closed session meeting minutes. Ottawa County County Clerk Justin Roebuck's attorney handed it in a sealed envelope inside another sealed envelope. This could shed light on if a deal was made between the two sides or not. The minutes were not made publicly available.
"I think the minutes are going to reveal that they wanted to agree to the $4 million package with all the other terms. And that's what they intended when we left on November 6," Howard said.
David Kallman, representing Ottawa County, says the framework set nearly a month ago was not a binding contract. He told the judge commissioners did not vote to approve the settlement terms. Kallman argued that the final terms of the settlement had not been established and would require the vote of the Board of Commissioners.
"As I said in there, what I can say is what it was not, we never made a recommendation to the board to either make a $4 million offer or to accept a $4 million offer, period. I don't know how much more clear I can be on that," Kallman said.
McNeill did ask Kallman about the vote "to accept counsel's recommendation regarding litigation and settlement activities in the case of Hambley v. Ottawa County as addressed during closed session" made by Chairperson Joe Moss. A vote that was approved 7-3: Commissioner Zylstra, Bonnema, Bergman all voted no. Now former Commissioner Kyle Terpstra was absent from the vote.
"If the intent was simply to continue the negotiations, why weren't you talking about plain language? Why weren't those words used," McNeill asked.
"The commissioner, on a spur of the moment, did a motion. That's what he did. I don't have to prove what it is, judge. They have to prove what it is. And they can't," Kallman explained.
Both sides mentioned the likelihood of an appeal of whatever ruling the judge makes.
The judge did ask for the two parties to continue on a two-track. Last week, the board voted unanimously to have a mediator. They also agreed to have a subcommittee to be part of that process. Moss, Zylstra, Commissioner Sylvia Rhodea, Gretchen Cosby, and Allison Miedema are on that committee.
Moss explained at the last meeting that this subcommittee doesn't have the power to approve a final offer.
Kallman explained that the mediator might be "fruitless" at the hearing. "I don't know what the point of mediation is going to be. If we show up to mediation, and they go, Okay, we want for a million. We go no, and we all look at each other," Kallman said when asked by reporters.
"We're committed to going. We're gonna work with the mediator, and we'll see where that takes us. But that doesn't mean we're just gonna take anything they're offering," Howard added.
On-going settlement debate
Monday's hearing is the latest in a weeks-long debate over Hambley's employment.
The Board of Commissioners held the first part of a termination hearing on October 24th, with testimony in front of the board stretching into a second day on October 25th.
RELATED: HEALTH OFFICER RELEASES EMAILS CONNECTED TO TERMINATION HEARING
A vote was delayed until November 6th, and then the board went into closed session. Hambley's attorney, argues the board made a settlement offer. In exchange for $4 million, Hambley would step down as Health Officer and drop her lawsuit against the county.
The Board of Commissioners voted at the close of the meeting to "to accept counsel's recommendation regarding litigation and settlement activities in the case of Hambley v. Ottawa County as addressed during closed session." Three commissioners voted against: Jacob Bonnema, Doug Zylstra, and Roger Bergman. All three face subpoenas to testify.
Later board meetings revealed crumbling support for the settlement terms. Kallman has explained that the board never voted to finalize a settlement. The county and Hambley agreed to bring in a mediator on November 28th.
