Three court cases (and an appeal) we're still watching in Ottawa County
OTTAWA COUNTY — Several cases filed against the Ottawa County Board in 2023 and 2024 have been settled or dismissed, but at least three remain; plus an appeal from The Holland Sentinel seeking the unsealing of a transcript in the controversial case of Health Officer Adeline Hambley.
Here's where those ongoing cases stand, as of Friday, March 7:
Chris Kleinjans is suing members of the Michigan State University Extension after he was fired from his job there in June 2024, shortly after being sworn-in to represent District 2 on the Ottawa County Board.
More: Kleinjans claims 'political pressure' from Ottawa Impact left him unemployed
In the suit, Kleinjans claims the MSU Extension bowed to 'political pressure' from Ottawa Impact Founder and Commissioner Joe Moss. The extension, for its part, cited the Incompatible Public Offices Act 556 of 1978, arguing a clear conflict of interest exists because commissioners approve funding for the organization's services.
U.S. District Judge Hala Jarbou denied a preliminary request to have Kleinjans reinstated to his position on Aug. 15, 2024. Jarbou didn't dispute that Ottawa Impact sought 'political retribution," but said the MSU Extension seemed to rebuff those efforts.
Kleinjans issued a statement Aug. 16, 2024.
'This is, of course, disappointing,' he wrote. 'But I'm confident that, as the litigation process moves forward, a more complete picture will be revealed. That image will prove that my dismissal was simply an attempt by the MSU Extension to avoid further pressure from certain members of the Ottawa County Board of Commissioners.'
An amended filing by attorney Sarah Riley Howard, dated Aug. 20, 2024, added Moss as a defendant alongside MSU's M. Scott Korpak, Matthew Shane and Erin Moore.
In a filing on Nov. 18, 2024, Moss wrote he "has never had any supervisory authority over (Kleinjans); has never been (Kleinjans') employer; and has no ability to alter (Kleinjans') working conditions or the status of his employment with MSU." He also claims he's "never advocated, recommended, demanded, or communicated in any way to MSU that (Kleinjans) should be terminated from his employment."
Kleinjans is now a community impact officer for the Allegan County Community Foundation. He lost his seat on the board in November 2024 to Republican Jordan Jorritsma.
A early settlement conference is scheduled for the case at 1:30 p.m. Tuesday, April 22.
Plaintiffs Adrea Hill and Luke Sanner filed their complaint Oct. 30, 2024, in 20th Circuit Court. They, too, are represented by Howard.
In their lawsuit, Hill and Sanner claim Ottawa County refused to produce required communications "pursuant to FOIA for a reasonable fee and within the time required under statute."
Hill said she requested text messages and emails related to county business sent or received by Lynn Janson on Thursday, May 2, between 12 and 5 p.m. She filed the FOIA in May 2024.
In the lawsuit, Howard said Jack Jordan, former county corporation counsel, responded to the request with an estimated fee of $352.79, including a good faith deposit of $176.40. Jordan claimed the request required a search of communications for all 1,120 employees as of May 2.
Hill appealed the estimated fee, noting the only required search was related to county business sent from or received by Janson.
Jordan denied the fees were inflated in a response to Hill on July 9. In further communications, corporation counsel allegedly refused to produce the records because Janson isn't a county employee.
Howard, however, says the county failed to "address the fact that Lynn Janson is a member of the Ottawa County Compensation Commission, and as such, is a public official in that capacity."
According to state law, all compensation commissions must comply with Michigan's Open Meetings Act. According to Michigan FOIA Law, all public records are subject to possible disclosure unless specifically exempted by statute. A 'public record' is a writing that's prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it's created.
Sanner filed a separate FOIA request on Nov. 5, 2023, seeking instant messaging communications between Ottawa Impact-aligned commissioners on Oct. 24-25, during the failed termination hearing for Health Officer Adeline Hambley.
Sanner specifically asked for communications between Gretchen Cosby, Lucy Ebel, Joe Moss, Kyle Terpstra, Rebekah Curran, Sylvia Rhodea, Roger Belknap and Allison Miedema. Terpstra has never been affiliated with Ottawa Impact, but was endorsed in 2022 by the group. Curran hasn't been affiliated with the group since well before taking office in 2023. (She did not run for re-election in 2024.)
Sanner, in his request, said communications should include those found on personal devices used for county-related business. The county denied the request on Nov. 29, 2023, claiming personal devices don't fall under the county's purview.
Sanner appealed the denial on Dec. 6, 2023, but the county didn't respond within 10 business days, a requirement under state law. After two follow-ups from Sanner in February and May, the county denied his appeal and claimed they responded on Dec. 21, 2023, but sent the response to an incorrect email address.
Hill and Sanner are requesting a declaration that Ottawa County violated Michigan's FOIA Law, a court-ordered injunction requiring the county to produce the requested documents within 14 days, attorney fees and a complete accounting under oath by a corporate witness as to whether any of the affected documents have potentially and/or likely been destroyed.
In an order issued Feb. 21, 48th Circuit Court Judge Margaret Bakker declined summary dispositions from plaintiffs and defense, saying the case must move forward with discovery.
The county has 28 days, from Feb. 21, to show evidence the county's FOIA coordinator has complied with Bakker's instructions to contact officials and ex-officials who might still hold pertinent records, that the officials acknowledged and responded to those requests, and that the material has been identified and given to the county for review.
The documents being located by the county does not guarantee they'll be released to the requestors under FOIA, pending a decision on whether personal devices are subject to the law and other considerations.
A hearing date is set for 3 p.m. Monday, April 14, in Allegan's 48th Circuit Court.
In his recently filed lawsuit, Dan Zimmer, also represented by Howard, argues the original vote to approve separation agreements with Administrative Aide Jordan Epperson and Interim Administration Benjamin Wetmore on Dec. 10 violated OMA because the discussion that preceded them took place during a closed session that didn't meet the necessary requirements for privacy.
More: In final meeting of 2024, Ottawa County approves $454K grant for anti-abortion nonprofit
The lawsuit also addresses a vote to give more than $500,000 in funding over the next several years to Chester Township for remediation efforts at Crockery Lake. In her filing, Howard argues the board doesn't have the legal authority to carry it out.
A judge declined an emergency request from Howard to stop the payments to Epperson, Wetmore and Chester Township on Wednesday, Dec. 18, and an appeals judge upheld that decision. However, the Ottawa County Board has already made moves to walk back the Crockery Lake agreement, referencing a separate legal opinion that also finds it lacks the authority to uphold it.
On Tuesday, Feb. 25, the board voted 7-3 to request a ruling from a judge on the legality of the agreement.
The next hearing in the lawsuit is scheduled for Friday, March 14. The hearing expected to include a motion to amend the complaint by Howard.
The Michigan Court of Appeals granted a motion filed in February 2024 by The Sentinel to consider arguments in an effort to unseal testimony from a hearing in November 2023.
The testimony, made by County Clerk Justin Roebuck, regarded a closed session earlier that month, during which the Ottawa County Board allegedly agreed to give a $4 million payout to Health Officer Hambley in exchange for her resignation.
The hearing came after months of litigation between Hambley and the Ottawa County Board, which voted unsuccessfully to replace her in January 2023 without following the steps required by state law.
Commissioners denied the settlement amount after extreme public backlash in the wake of The Sentinel's reporting, claiming an agreement was never reached and a vote by the board to "accept counsel's recommendation" in regards to the settlement was simply meant to signify they wanted to continue conversations — not that they'd come to an agreement.
Fourteenth Circuit Court Judge Jenny McNeill ultimately found, because the terms of the settlement weren't part of the motion to approve, it couldn't be enforced, even though she, too, believed the $4 million payout to be the board's intention.
In the evidentiary hearing that took place before that order, McNeill closed the courtroom to the public and media. She heard only from Roebuck before adjourning.
Joseph Richotte, attorney for The Sentinel, wrote in a filing Feb. 7, 2024, 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.
Ottawa County Attorney David Kallman argued it was inappropriate for the public and media to be privy to discussions that took place during a closed session. McNeill ultimately approved his request to close the courtroom because "that bell can't be unrung."
McNeill denied The Sentinel's request for the hearing transcript to be unsealed. The Sentinel sought leave to appeal from the Michigan Court of Appeals, which was granted Friday, Nov. 8, 2024. In January, a request from Kallman was filed and approved to substitute Michael S. Bogren as legal representation for Ottawa County in the case. The county separated from Kallman Legal Group in February.
Bogren was required to file an appellee brief by March 7. It was filed March 5. A hearing date has not yet been scheduled.
— Cassidey Kavathas is the politics and court reporter at The Holland Sentinel. Contact her at ckavathas@hollandsentinel.com. Follow her on Twitter @cassideykava.
This article originally appeared on The Holland Sentinel: Here's where lawsuits against Ottawa County stand
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