Hambley lawsuit could cost taxpayers more than $370K

MUSKEGON COUNTY — Despite reaching a settlement that doesn't call for a monetary award, the year-long lawsuit between the Ottawa County Board and Health Officer Adeline Hambley could still cost taxpayers upwards of $370,000.

Thirteen months after the board, led by a new far-right majority, attempted to fire Hambley, officials agreed she would remain in her role following a nearly 12-hour closed session Feb. 26. The vote to retain Hambley and her deputy, Marcia Mansaray, was unanimous.

More: Ottawa County Board votes unanimously to retain Hambley as health officer

As part of the settlement agreement, all litigation was dropped and a multi-session termination hearing ended with no determination. A judge must now decide how much, if any, of Hambley's attorney fees will be covered.

Hambley's attorney, Sarah Riley-Howard, filed a motion with 14th Circuit Court Judge Jenny McNeill on Wednesday, March 20, requesting the county cover her fees and costs at $188,179.24.

McNeill oversaw the case after all Ottawa County judges recused themselves.

Howard believes the county should cover all of her costs, but county representatives argued in February she shouldn't be compensated for "motions we won."

In her filing Wednesday, Howard said circuit courts have previously ordered Ottawa County to pay legal fees in litigation, even when the board largely prevailed.

"The respective trial courts held that those cases were necessary to resolve legal controversies relevant to their official positions in relation to the board," she wrote.

The county's attorneys must respond to Howard's request by April 10.

Howard's cost are only a portion of what the county will pay as a consequence of the lengthy litigation. As of Oct. 23, $178,834.74 in invoices were paid to the county's corporation counsel, as well as a handful of outside legal firms, to defend the county and individual officials against the lawsuit.

The invoices were the most recent records available as of publication. Additional costs were likely incurred in December, January and February, with more court hearings and the 12-hour mediation session.

Members of Ottawa Impact, founded by Board Chair Joes Moss and Vice Chair Sylvia Rhodea, attempted to demote Hambley to “interim” health officer shortly after they were sworn in Jan. 3, 2023. They intended to replace her with a candidate with no prior experience in public health. Hambley sued in February, kicking off a year of unprecedented strain between the board and the county's health department.

In a Nov. 6 session, the board voted 7-3 to “accept counsel’s recommendation regarding litigation and settlement activities in the case of Hambley v. Ottawa County.” Following the meeting, multiple sources close to the matter told The Sentinel the agreement included paying Hambley $4 million to resign, plus the resignation of Mansaray.

After reports of the settlement amount, Ottawa Impact commissioners attempted to walk back the agreement. As recently as Feb. 22, Moss referred to the settlement and dollar figure as a “false narrative.”

Hambley filed a motion in court to see the settlement enforced, but during an evidentiary hearing in January, McNeil said, although an agreement was discussed, the public vote wasn't clear enough to be legally binding.

Howard and representatives from Kallman have since disputed what was actually said in the hearing — which was closed to the public. The Sentinel filed a motion Feb. 7 to have the transcript of the hearing released to the public.

McNeill closed the courtroom after county attorney David Kallman sought to keep testimony by Clerk Justin Roebuck and Commissioners Moss, Jacob Bonnema, Roger Bergman and Doug Zylstra private — arguing it was inappropriate for the public and media to be privy to discussions that took place during a closed session. In the end, only Roebuck testified.

Joseph Richotte, attorney for The Sentinel, wrote in a filing that McNeill erred when she closed the courtroom.

"Courtroom[s] cannot be closed and records cannot be sealed except on a written motion showing that a party’s protectable interest outweighs the public’s right of access," Richotte wrote.

On Feb. 28, McNeill denied The Sentinel's motion.

More: Judge denies request to release closed courtroom transcript

In that decision, McNeill said she "struggled" with the decision, but concluded she "had no other choice" in order to keep potentially sensitive information private.

The Sentinel appealed that decision Wednesday, March 20, in a filing with the Michigan Court of Appeals.

"(The county) made an oral motion, the circuit court did not perform the required balancing test, and the scope and duration of the closure and sealing of records was not narrowly tailored," Richotte wrote in the new filing.

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"The (Court of Appeals) should vacate the circuit court’s order, release any courtroom video recordings of the closed proceedings, and release the transcript of the proceedings to vindicate the public’s right of access to judicial proceedings."

A response from the court could take months.

— Sarah Leach is the executive editor of The Holland Sentinel. Contact her at sarahleach@hollandsentinel.com. Find her on Twitter @SentinelLeach.

This article originally appeared on The Holland Sentinel: Hambley lawsuit could cost taxpayers more than $370K