Judge: Ottawa County on the hook for $188K in legal fees

A judge ordered Ottawa County to pay its own Health Director's attorney $188,000, according to court records.

This ruling comes after the county and Adeline Hambley agreed in February that the top health official would keep her job if she dropped her lawsuit.

"I am excited for my client and for the county that this chapter is totally done," Hambley's attorney, Sarah Howard, said.

Muskegon County Judge Jenny McNeill, who has overseen this case for over a year and a half, released her 13-page opinion Monday on the cost for attorney fees.

"This order resolves the last pending claim and closes this case," McNeill wrote.

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"To the credit of all the parties, a resolution occurred, instead of a trial on the matters. The Plaintiff maintains her employment, which was the goal of the litigation," McNeill explained.

During the year-and-a-half-long litigation battle, Howard explains that she and her team spent 300 hours working to protect their client from termination.

"It sends a message to the county that when you take actions that aren't legally defensible, that this could be what happens," Howard said.

The court ruling didn't issue any payments for Ottawa County's attorney, Kallman Legal Group, for handling the case. From February 2023 through April 2024, the law firm billed the Ottawa County Insurance Authority almost a $225,000 to handle Hambley's lawsuit and any other legal proceedings surrounding cases.

"When you're offered opportunities to get off the train earlier, you should probably take them," Howard added.

The health officer's attorney explained that this was the end of the legal battle in Hambley's case because neither attorney could appeal the ruling on the attorney fees that McNeill issued.

"(Kallman) cannot appeal it because part of the settlement agreement was that both sides agreed to wave their appellate rights. So we agreed to live with whatever Judge McNeil decided," Howard said.

HOW WE GOT HERE:

In January 2023 , a new board majority took over and made sweeping changes not long after being sworn into office as county commissioners.

The majority, made up of Ottawa Impact members Joe Moss, Sylvia Rhodea, Roger Belknap, Gretchen Cosby, Lucy Ebel, and Allison Miedema, as well as non-OI commissioner Rebekah Curran, voted to demote Hambley to interim health officer. The majority then looked to replace her with their pick to lead the department.

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Since then, Hambley and the county fought over her employment as the top health official for the local government.

At one point, the Michigan Court of Appeals had to step in. The three-panel judge ruled against the county's motion that Hambley wasn't appointed as the health officer.

Months later, the county held a termination hearing to fire Hambley. Moss and the Kallman Legal Group drafted up charges against the health officer for her handling of the health department's 2024 budget.

Hambley was accused of incompetence, misconduct and neglect of duty.

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The termination hearing that was meant to last a few days stretched over a month. Instead of voting on the charges, the Board of Commissioners entered a closed-door meeting to discuss a settlement in the case.

McNeill ruled in February that a settlement between the Ottawa County Board of Commissioners and Health Officer Adeline Hambley was agreed upon properly; however, it still cannot be enforced.

Court records show that the Kallman Legal Group drafted documents showing a potential payment to Hambley of $4 million.

"The court finds that the Board members had reached a general agreement on a settlement and directed legal counsel to write up a written agreement with those terms," McNeill wrote in her opinion in February.

Hambley and the county entered into mediation, and the two sides agreed that Hambley should keep her job if she dropped her lawsuit against the county.

HOJP313-L9570CDW_20240826_114723_005160 by WXMI on Scribd

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