Michigan County’s Legal Fight with Local Health Director Draws in National and State Opponents

Ottawa Impact activists pause to pray before going out to campaign on Aug. 1, 2022 in Allendale Twp., Mich. Courtesy of Ottawa Impact

Two bureaucratic heavy hitters in the public health domain have joined forces with an embattled local health department director to help keep her in the job.

Their adversary is the newly elected socially and fiscally conservative Republican majority of the Ottawa County Board of Commissioners.

The new board contends that the director is a carry-over from the previous board who was never lawfully hired in the first place, according to board chairman and Hudsonville businessman Joe Moss.

The capture of the majority was made possible by the grassroots activism of a citizens group called Ottawa Impact. The victory was a conservative bright spot in an otherwise dismal showing by Michigan Republicans in the 2022 midterm election.

The Ottawa Impact slate defeated establishment Republicans in the August 2022 primary and went on to win eight of 11 board seats in the November general election.

The successful candidates ran on a platform opposing health department overreach such as mask mandates for school children, school closures, and draconian lockdown policies during the COVID-19 pandemic.

They also advocated for a return to constitutional principles and a smaller, more accountable county government.

Health Director Hangs On

When the reform candidates were sworn in during January 2023, the health department director, Adeline Hambley, insisted that she was properly appointed and refused to give up the job to a director chosen by the reformers.

Ms. Hambley’s argument prevailed in a case decided by an Ottawa County Circuit Court judge, which led the commissioners to appeal.

The swearing in of newly elected members of the Ottawa County, Mich. Board of Commissioners on Jan. 3, 2023. Courtesy of Ottawa Impact

On Aug. 22, 2023, attorneys for the National Association of County and City Health Officials (NACCHO) and the Michigan Association for Local Public Health (MALPH) filed an amicus brief in the State Court of Appeals in an effort to persuade the court to keep Ms. Hambley on the job.

“Appointing Adeline was one of the last acts of the old board. It was done hastily and improperly—probably out of spite,” said Mr. Moss in an interview with The Epoch Times.

Mr. Moss alleged that the previous board erred significantly in the handling of a resolution involving Ms. Hambley’s appointment, leading to an action that violated Michigan law and invalidated her hiring.

“We are confident the Court of Appeals will agree with us that the county is not ‘discharging’ Ms. Hambley because you can’t dismiss someone who has never legally been your employee,” said Mr. Moss.

The amicus brief supporting Ms. Hambley contends that, because she was legally hired as the lower court found, she cannot be fired except for just cause—such as incompetence or misfeasance—after a hearing.

Independent and Insulated

According to the amicus brief, Ms. Adeline’s case is about much more than a single county public health officer.

At stake in this litigation is the professionalism of state and local public health officials and the scientific basis of public health practice, which must be protected by “robust just cause protection from discharge.”

The brief said that Michigan law ensures the professional independence of local health offices and protects them from undue political interference and illegal personnel actions.

Mr. Moss told The Epoch Times that the board has attempted to work with Ms. Hambley until her situation is decided by the courts.

Chairman of the Ottawa County, Mich. Board of Commissioners and conservative activist Joe Moss. Courtesy of Ottawa Impact

Battling Bureaucracy

“In the meantime, Adeline has done very little to earn the board’s confidence. Twice we have asked her to prepare a budget for the health department and she did not comply,” he said.

In accordance with their campaign pledges to oppose the encroachment of big government on parental rights and civil liberties and to restore economy, efficiency, and transparency in county government, Mr. Moss said the commissioners are proposing to return the health department budget to pre-Covid pandemic levels.

He said the annual health department budgets from 2009-2019 averaged $9.47 million.

“When COVID hit the health department’s budget escalated to $13 million in 2020, $14 million in 2021, $15 million in 2022, and reached an all-time high of $18 million in the amended 2023 budget.

“The crisis of the pandemic is over. It’s time to return to normal. That’s why we are proposing a health department budget for 2024 of $10.2 million, an amount the board considers reasonable,” he said.

Mr. Moss added that the move would not affect mandated services.

Ms. Hambley did not respond to an Epoch Times’ request for comment by press time.

In a recent comment on social media, the Ottawa County Health Department disagreed with Mr. Moss, posting on Facebook: “Adeline Hambley has responded to [County] Administrator [John] Gibbs’ request to produce a revised budget.

“Upon analysis, these revisions amount to an 88 percent reduction in general funds for services, which will almost certainly close the health department within weeks of implementation.”

Mr. Moss told The Epoch Times: “We are just responsible, constitutional conservatives reining in out-of-control spending and standing strong against medical tyranny and government overreach.

“Our plan will save the taxpayers millions of dollars and will not close the health department or impact necessary services. It operated just fine before COVID and will do so again now.”