MUSKEGON, MI — A Muskegon County judge's hearing Friday on the status of a $4 million settlement lawsuit granted a request to hold testimony in private.
Ottawa County leaders are scheduled to testify whether there was a $4 million agreement to force the health officer to resign.
Commissioner Joe Moss, Commissioner Jacob Bonnema, Doug Zylstra, Roger Bergman, County Clerk Justin Roebuck and others will appear before Muskegon County Judge Friday for an evidentiary hearing scheduled to begin at 9 a.m. They are some of the key witnesses scheduled to appear in court.
The hearing is ongoing, but county leaders are expected to testify away from the public and media. Ottawa County Clerk Justin Roebuck was the first to take the stand. Members were asked to wait outside the courtroom.
The Cullman Legal Group, which represents Ottawa County and commission members, had previously sought a non-disclosure order to halt testimony altogether. The judge denied his motion.
Judge Jenny McNeil granted Roebuck's request for private testimony, citing concerns about violating the Open Meetings Act.
“If I hold a public hearing and it's open to the public, that bell can't be rung like it's going on outside. So if this information is restricted by OMA, if I I think they are justified in saying that the hearing needs to be closed,'' McNeil said.
The public portion of the hearing lasted approximately 20 minutes.
The potential settlement comes after Health Officer Adeline Hambly sued the county about a year ago after a new board majority voted to demote her and appoint her. .
Court documents show the alleged agreement included Hanbly and his deputy health officer resigning and not filing further lawsuits against the county.
Hambly and the health department have faced controversy in recent months.
The focus on the health department began after Moss suggested the county consider reducing the public health general fund to $2.5 million and eliminating all coronavirus grants.
Hanbly warned the county what would happen to the health department if these cuts were approved, according to her email. It came days after Hanbury warned on social media that these proposed cuts would result in the closure of the health department within weeks.
It's been a short time since county leaders reversed the policy and added funding for public health, but challenges such as service delays remain.
Moss sued the county, accusing Hambly of incompetence, misconduct and neglect of duty in the county's budget process.
The county had scheduled a two-day demolition hearing, but it lasted several weeks. Instead of moving forward with a decision on whether Hambly should lose his job, county commissioners moved toward seeking a settlement agreement and went into closed session.
A few hours later, the county commission voted 7-3 to “accept the recommendations of counsel regarding litigation and settlement activities in Hanbury v. County of Ottawa, which were taken up during adjournment.”
Following a Freedom of Information Act request, Cullman Legal Group billed the Ottawa County Health Department for $158,000. One source said OCIA has more than $30 million in funds to fight the lawsuit.
The $4 million settlement is the largest in county history.
Cullman Law Group argued that the board never agreed. The legal team has been authorized to continue “litigation and settlement activities,” according to court documents.
Hambly's attorney, Sarah Howard, said the county has a “buyer's conscience problem.”
read more: Ottawa County lawyer seeks to prevent county leaders from testifying about $4 million settlement allegations
Hambly and the county will appear before Judge Jenny McNeil on Friday morning after the judge reads the minutes of a closed session. These minutes are not available to the public, but the document could reveal whether a deal was reached.
Cullman Law Group sought a confidentiality order to prevent testimony. No decision has been made on that yet.
The county then created a mediation team consisting of several commissioners and a corporate attorney. The parties are scheduled to meet in February to further discuss the settlement.
read more: Ottawa Chairman Joe Moss provides FOX 17 with list of board's 2023 accomplishments
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