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

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

It is the newest in Hambley’s suit against seven Ottawa Influence members who in January voted to demote her to an interim status to make way for an administrative well being officer who aligns extra closely with them politically.

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

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

In Michigan, well being officers are not at-will workers and need particular lead to to be fired. Hambley filed her lawsuit against the seven board members in February, alleging they program to fire her without the need of lead to and have demoted her without the need of lead to, amongst other claims.

In addition to damages and lawyer costs, Hambley is asking the court to reinstate her as the county’s well being officer without the need of an interim designation and need the board to adhere to guidelines connected 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 well being 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 absolutely unfounded, as only the county board has the energy to fire Hambley.

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

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

The preceding board’s resolution appointing Hambley created her appointment contingent upon her passing a background verify and becoming confirmed by the state well being division.

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

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

Due to the fact 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 Wellness 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 well being 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 well being officer was contingent on the board’s approval, her passing a background verify and her confirmation by the state well being division.

The unanimously authorized accompanying appointment resolution, nevertheless, only references the background verify and state well being division confirmation needs. Hambley met these situations.

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

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

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By Editor

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