CHARGES JUSTIFYING REMOVAL OF OFFICER HAMBLEY

These charges are brought pursuant to all three applicable grounds under MCL 46.11(n)
(incompetence, misconduct, and neglect of duty), with the latter two grounds requiring notice and the
holding of a hearing before the Board of Commissioners (BOC) to determine:

1. Whether if, in the Board's opinion, officer Hambley is incompetent to execute properly
the duties of her office.

2. Whether if, on charges and evidence, in the Board's opinion, the Board is satisfied that
officer Hambley is guilty of official misconduct, and that her misconduct is sufficient cause for her
removal.

3. Whether if, on charges and evidence, in the Board's opinion, the Board is satisfied that
officer Hambley is guilty of habitual or willful neglect of duty and that neglect of duty is sufficient
cause for her removal.

Because MCL 46.11(n) does not define what constitutes “incompetence,” “misconduct,” or
“neglect of duty,” the following definitions from Black’s Law Dictionary (11th Edition) shall be used:

Incompetence: “The quality, state, or condition of being unable or unqualified to do

something.”

Misconduct: “A dereliction of duty; unlawful, dishonest, or improper behavior,

especially by someone in a position of authority or trust.”

Neglect of Duty: “A public officer’s failure to perform one or more duties imposed by
law.”

BACKGROUND

Ottawa County’s fiscal year begins on October 1 of every year. Prior to the BOC approving
the final budget, the County Administrator gathers information and presents different budget
scenarios to the Finance Committee. The Finance Committee then finalizes a recommended budget
and sends it to the full BOC for review and approval. The full BOC conducts a final review of the
budget, makes any final changes, and votes on its approval.

Ms. Hambley has been actively involved in the budgetary process as evidenced by more than
a dozen emails concerning the budget from August 16th through the present date. The following is a
timeline and summary of Ms. Hambley’s involvement in the budgetary process:

• August 16, 2023: Prior to the first Finance Committee meeting regarding the Health
Department Budget on August 21, 2023, County Administrator John Gibbs requested
information from Ms. Hambley regarding unfilled positions in the Health Department for
upcoming budgetary discussions (Exhibit A). Ms. Hambley responded later that day
(Exhibit A).

• August 17, 2023: Administrator Gibbs sent the following email to Ms. Hambley (Exhibit
B, emphasis added):
2
 Hi Addie!

Good morning and I hope all is well!

As you know, budget is in full swing. As part of that process, there’s some
information I’d like to have available in the likely event it comes up during
budget deliberations at next Monday’s Finance Committee Special Work
Session.

Please provide me with a budget scenario that includes both of the following
components:

1. General fund expenditures for Public Health set at pre-

COVID levels, adjusted for inflation. For reference, in
FY2019 – the last pre-COVID year – general fund expenditures
for Public Health were approximately $4.5 million, and in
FY2023 general fund expenditures were approximately $6.7
million; and,

2. The exclusion of all FY24 COVID-related grants. Please have

this info ready by close of business Friday August 18th.

Thank you!

Ms. Hambley responded on August 18, 2023 (Exhibit B). Ms. Hambley included a
written memo to Administrator Gibbs, dated August 18, 2023, responding to his
budgetary questions (Exhibit C).

• August 21, 2023: The Finance Committee held a public meeting to discuss the budget,
where Commissioner Moss stated (emphasis added): 2

“Taking a historical perspective on public health budgets, and if you look back
towards 2009 through 2019, that kind of area, you see public health, at least
general fund allocations, much closer to 2.5 to 3 million dollars, somewhere
in that range, maybe a little more than that.”

“What I think would be a wise use of taxpayer funds is to look at bringing the
general fund allocations for public health back towards kind of its historical
standard over the last 10 or so years.”

“I’d love to see that budget go back to kind of what it has been historically.
Maybe put it down towards 2.5 in the general fund allocation?”

“We could kind of dig into it a little bit more, but I think that would be a
very wise use of taxpayer funds and still allow all of the essential services
to function just fine like they have since 2009.”
2
Video of Finance Committee Meeting, August 21, 2023, at 44:40.
https://www.youtube.com/watch?v=bQgsy1649iE

3
• August 22, 2023: Administrator Gibbs sent the following email to Ms. Hambley at
12:20 p.m. (Exhibit D):

Hi Addie,

Good afternoon!

As discussed yesterday, the Finance & Administration Committee would like

to see the Public Health budget in line with historical levels before COVID.
Please work with Fiscal Services to work out the details of a budget using $2.5
million general fund contribution and also discontinuing all COVID-related
grants.

Please send this to me by Thursday August 23 close of business.

Thank you!

Ms. Hambley responded later that day at 4:58 p.m. that it would be difficult to produce
a budget at 2.5 million (Exhibit D).

One minute later, at 4:59 p.m., Ms. Hambley publicly posted her August 18, 2023
memo on the Ottawa County Health Department Facebook page and stated in her post
(emphasis added):

“[Moss’] proposal would slash Health Department funding from a $6.4 million
total general fund contribution to a total of $2.5 million, a reduction of over
60%. This action brings the total operating budget for 2024 to $500,000 less
than the 2009 budget, which was during the worst economic conditions the
United States has experienced since The Great Depression.”

“Proposed budget reductions of this size will significantly impair, and

likely eliminate, various public health services and the Health
Department’s ability to maintain public health and safety.”

“These actions may necessitate large increases in fees for services that our
businesses and citizens depend upon, and/or long delays for completion of
services.”

• August 23, 2023: Administrator Gibbs responded at 8:32 a.m. (Exhibit E, emphasis
added):

Hi Addie,

Good morning!

Thank you for sharing the information below.

Please proceed with producing a budget with a general fund contribution

as close to the below-directed level as possible, which discontinues all
COVID-related grants.
4
 Thank you!

This demonstrates that Administrator Gibbs left it up to Ms. Hambley to propose a budget
amount that was as close to $2.5 million as possible while still addressing Ms. Hambley’s concerns.

• August 24, 2023: Ms. Hambley ignored Administrator Gibbs request to produce a
budget at a point higher than 2.5 million (Exhibit E), and instead reiterates that she
cannot create a budget at exactly 2.5 million, a request that was no longer in effect.
Again, the last communication from Administrator Gibbs at this point was for Ms.
Hambley to select a recommended amount for the budget. Ms. Hambley responded to
Administrator Gibbs’ email on August 24, 2023 at 5:08 p.m. (Exhibit E).

Ms. Hambley also prepared a second memo regarding the budget, dated August 24,
2023 (Exhibit F), and she posted it publicly on Ottawa County Health Department
Facebook page at the same minute that she sent her response to Administrator Gibbs.

In the memo, Ms. Hambley provided the following chart:

Using the information provided by Ms. Hambley, the average amount provided for General
Fund Public Health Operations was $3,158,281.10 per year (using the previous 10 years of budgets
Pre-COVID (2011-2020)).

In either case, the budgeted amount for Public Health Operations coincided with
Commissioner Moss’ estimate at the Finance Committee Meeting on August 21, 2023 that the
historical average was “maybe a little more” than $3 million per year.

It is important to note that there is an amount budgeted for the Health Department that has not
yet accounted for county administrative costs and overhead (gross), and there is an amount budgeted
for the Health Department after those costs are deducted (net).

Ms. Hambley created a budget using $2.5 million as the gross amount for the Health
Department (Exhibit F, page 2). Even if this was a miscommunication between Administrator Gibbs
and Ms. Hambley, she never asked any questions or asked for clarification as to whether the County
Administrator or the Finance Committee was referring to the gross or net amount. Further, after Ms.
Hambley made it clear on August 22, 2023 at 4:58 p.m. that a $2.5 million budget for the gross
amount was unworkable, Administrator Gibbs responded on August 23, 2023 at 8:32 a.m. that he
understood her concerns and left it up to her to find a budget number “as close to” $2.5 million as
possible.

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 Instead, Ms. Hambley created a net budget for $585,011 (Exhibit F, page 2). Again, Ms.
Hambley ignored Administrator Gibbs’ August 23, 2023 request that she prepare a budget “as close
to the below-directed level as possible” where she could have recommended a minimum budget level.
Ms. Hambley also ignored Commissioner Moss’ clear request that any new budget still “allow all of
the essential services to function just fine like they have since 2009.”

• August 25, 2023: Despite Ms. Hambley continually publicly stating that entire
programs within the Health Department would be shutting down, she sent an internal
email to all Public Health Department employees at 11:24 a.m. (Exhibit G, emphasis
added):

“At this time, budgets are still being discussed by the Board of
Commissioners in the Finance Committee Workgroup. If you have clients
contacting you with concerns, please let them know that services are
continuing as usual and budgets have not yet been finalized so we are
unable to give definitive answers as to what will happen after October 1,
2024.”

• August 25, 2023: Commissioner Gretchen Cosby, chair of the Finance Committee,
sent the following email to Ms. Hambley at 3:24 p.m. (Exhibit H):

Good afternoon Adeline,

During the Budget Work Session on Monday, I requested the following

information to help with budget decisions for FY2024:

Number of current health department programs.

1. Descriptions of the programs and services.

2. Number of residents served by the individual program.

3. Resources required- human/FTE’s and supplies to provide the program.

4. Intended outcomes and current outcomes.

I am interested in learning more about your business and believe that my

background as a nurse will be helpful as we plan for a healthier Ottawa County
in 2024.

Thank you for your assistance.

Gretchen

Ms. Hambley responded later on August 25, 2023 at 7:01 p.m. (Exhibit H).

• August 25, 2023: Administrator Gibbs next proposed a new scenario for the Health
Department Budget at $3.8 million and requested that Ms. Hambley and Karen
Karasinski (head of the Finance Department) work together on such a scenario.

6
 Administrator Gibbs sent the following email to Ms. Hambley and Ms. Karasinski
(Exhibit I):

Hi Karen,

Good afternoon.

Please take the following action to draft Public Health’s budget:

1. Set the Public Health general fund contribution to $2.5 million,

and then have Public Health use a portion ($1.3 million) of their
$3 million fund balance to reach $3.8 million, the average
general fund contribution from 2009 to 2019. Please transfer
$1.5 million of the remaining Public Health fund balance to the
County’s contingency fund (unless specific parameters prevent
it).

2. Eliminate all COVID positions approved at the August 24, 2021

Full Board of Commissioners meeting, totaling $2,179,153.
(See the attached for more info)

3. Eliminate the following COVID-19 related grants, and any

general fund contribution to programs funded by these grants

o PHEP 9 Month Grant

o PHEP 3 Month Grant
o PHEP to provide training for a new Public Health
Emergency Preparedness Manager
o Immunization Action Plan (Note: keep grant, remove
general fund contribution)
o Immunization ELPHS (Note: keep grant, remove
general fund contribution)
o COVID-19 SUD
o GCD ELPHS - Disease Control
o Contact Tracing
o COVID Immunization
o Reopening Schools HRA
o NNICE Vaccine COVID-19
o COVID Workforce Development to expand

For any additional details, please work with Nina and Kris to set the
exact budget numbers within the above parameters.

Thank you,

• August 28, 2023: Commissioner Cosby sent the following email to Ms. Hambley at
12:19 p.m. (Exhibit J):

Good Afternoon,
7
 Thank you for sending me the online link for the Ottawa County Health
Department programs, I am interested in setting the Health Department up for
success, regardless of what has been reported in the media.

If you could provide the other data points I requested by program, I would be
willing to meet with you to see if there is an advocacy opportunity for specific
programs and program requirements.

Thank you for your assistance.

Gretchen Cosby

Ms. Hambley responded to Commissioner Cosby on August 28th (Exhibit J, emphasis

added):

Thank you for your email. I appreciate your communication, and I am working
on gathering the requested information. I wanted to let you know that it may be
a few days before I can provide some of it, as much of my weekend and
today have been spent helping provide answers for Karen from Fiscal
Services, so that she can assist Administrator Gibbs with his various
requests for different possible budget decrease scenarios, and the
ramifications of each. This work is ongoing, and I didn’t want you to think
that I don’t consider your message important. As you know, I have welcomed
discussions with you and your colleagues in my various communications,
offering to meet since December prior to when the Commission took office in
January. Please know that I am working to provide the information in Friday’s
request as soon as possible.

This demonstrates that Ms. Hambley was actively involved in budget negotiations. Further,
she admits that she was still gathering information and working with Fiscal Services on different
budget scenarios.

• August 28, 2023: Ms. Hambley responded to Administrator Gibbs’ August 25, 2023
email (Exhibit K, emphasis added):

Hi John,

Thank you for cc’ing me on the request you sent Friday afternoon to
Karen for changes to the Public Health FY 2024 budget. It is important for
both Fiscal Services and Public Health to work together on your new request
for budget amendments, since there are program details that Karen will need
from Public Health to attempt to do what you have asked: suggest
configurations of the Health Department budget which could still comply
with the Public Health Code and with state and federal funding
requirements.

Unfortunately, in my view, your request to Karen on Friday afternoon is still

asking her to do the impossible. I have been working this weekend and so
far today to answer Karen’s questions while she is on her vacation. My
8
 understanding is that you have now asked her for different information, and so
we are now pivoting to help her with those new requests. We will continue to
try our best to help Karen with these new requests as of today at 5pm.

However, as a general matter, the information attached will be useful to you to

keep in the background.

Ms. Hambley attached a third memo, dated August 28, 2023 (Exhibit L).

• August 29, 2023: Commissioner Cosby sent the following email to Ms. Hambley
(Exhibit M):

Good evening Adeline,

Thank you for capturing the information that I have requested. I am asking for
the information so I can be helpful, point to successes of the Health
Department and seek solutions.

I need to give context or background to the statement you made about,

“welcoming discussions since December.” During my meeting with John Shay
and Patrick Waterman in late November, John shared constructive steps Lisa
was taking to transition the OCPHD from her leadership and preparing for the
next leader. I recognized that she cared about the department and people that
she led and asked to meet with her. John said he would arrange a meeting.

After not hearing back from John, approximately 2 weeks later, I called and
asked John about meeting with Lisa. It was during this phone call he told me
that you were training with Lisa and would be filling in as interim
Administrative Health Director, I asked to meet with both of you. He gave me
Lisa’s office number, I called and left a message, it may have been the Monday
before the December 13, 2022 BOC meeting.

I had hoped as a nurse, to be bridge between parents and the OCPHD. Had I
known you were interested in in the role of Administrative Health Director, I
certainly would have considered you for the role.

Sincerely,

Gretchen Cosby

• August 30, 2023: Ms. Hambley sent the following email to Commissioner Cosby
(Exhibit N):

Commissioner Cosby,

I wanted to share some information to get you started. Attached is a pdf of

communication reaching out and various information shared in the past. This
might be helpful to find past documents shared.

9
 The following links also provide some great info on program performance
highlights:

https://www.miottawa.org/Health/OCHD/admin.htm#ARPT

Bottom of the page are the annual reports, these reports provide an excellent
highlight of services and outcomes

https://www.miottawa.org/Health/OCHD/data.htm#CommunicableDise
ase

The communicable disease reports will provide a nice summary of annual

reportable diseases in Ottawa County, which, as you know, all require work on
behalf of public health.

I will also forward you some email threads that have been sent to
Administrator Gibbs regarding the Public Health budget. It appears that the
information may not be being shared with the full Committee. Those
emails/reports have information that provides some context to funding
mechanisms and limitations. There are also some statistics in the attached
documents.

If you have specific questions as you review this information, please let me
know. Moving forward, I will share any budget communication to
Administrator Gibbs to ensure, as chair of the Finance Committee Workgroup,
that you receive the information.

Thank you

• August 30, 2023: Ms. Hambley issued a Health Department press release regarding
the budget, which included the following false statements (Exhibit O, emphasis
added):

“As of today, Ottawa County Fiscal Services is creating a new Public

Health budget at the direction of Administrator John Gibbs, without input
from leadership at the health department.”

“Public Health has not been consulted about this budget, or provided with
any information on the proposed budget or suggested cuts.”

“Despite Hambley’s best efforts to inform and educate County Administration

on the complexity of funding mechanisms and statutory program requirements
of a local health department in Michigan, and her offers to discuss public
health programs, funding, and legal requirements on numerous occasions, the
Health Officer was not included in this process.”

“The Ottawa County general fund contribution to Public Health will be $3.8
million (of which $1.3 million is from Public Health Fund Balance).”

10
 “At this time, Hambley has met all requests by County Administration to the
best of her ability, including providing four budget scenarios which outline the
consequences of not meeting the State’s minimum requirements for all
essential local public health services, such as food inspections; drinking water
and sewage disposal permitting and inspecting; hearing and vision services for
children, and communicable disease surveillance;”

• August 30, 2023: Ms. Hambley was interviewed by Fox 17 and made the following
statements: 3

“I have not been involved in any of the conversations about public health
programming and potential cuts.”

“I've reached out numerous times to ask to be at the table or to say this is
complex and we should meet and discuss with fiscal. I have not received
anything.”

“[T]his would force the department to close within a matter of weeks.”

“If they're proposing a cut, and every single line item for public health, you
would be looking at significant time increases, or turning away of people for
programs, or you look at significant time increases for inspections, permit
issuance, or things like that. . .”

• August 30, 2023: Ms. Hambley was interviewed by the Holland Sentinel, and the
article stated: 4

“Hambley told The Sentinel and other media outlets last week that Moss'
demands to slash her budget next year by nearly $4 million could violate her
state-mandated duties to protect public health, and potentially close the health
department altogether.”

“And to me, this is a threat to the foundations of the public health and the
health and safety of the community.”

“Hambley said she's made efforts to ‘inform and educate county administration
on the complexity of funding mechanisms and statutory program requirements
of a local health department in Michigan,’ and that she's offered to ‘discuss
public health programs, funding and legal requirements on numerous
occasions.’ She said those offers went unaccepted . . .”

3
Health Dept.: Ottawa Co. Administrator Handling Budget Cuts, Matt Witkos, Fox 17.
https://www.fox17online.com/news/local-news/lakeshore/ottawa/health-dept-ottawa-co-
administrator-handling-budget-
cuts#:~:text=%22I%20know%20Fiscal,community%2C%22%20Hambley%20said
4
Hambley: State Consequences Loom as Gibbs Orders Cuts.
https://www.hollandsentinel.com/story/news/politics/county/2023/08/30/hambley-state-
consequences-still-loom-as-gibbs-bypasses-her-with-cuts/70722648007/

11
 “. . . the county's fiscal services department is now creating a new budget
for the health department — bypassing her and her staff altogether — and
has been instructed to ‘reduce funding in every public health line item to meet
this funding level.’”

• September 1, 2023: Fiscal Services provided Ms. Hambley with the first proposed
budget at 12:45 p.m. The proposal had approximately $5.7 million general fund
contribution budgeted for the Health Department. Ms. Hambley sent the following
email to Administrator Gibbs at 1:33 p.m. (Exhibit P):

John,

I received the proposed changes from Fiscal Services around 12:45 today, if
there are any changes between now and 10am on Tuesday could you please
notify me.

Thank you!

• September 1, 2023: At 3:58 p.m., Ms. Hambley filed an emergency motion in her
Court of Appeals case and stated in part: 5

“However, Administrator Gibbs made this request of Appellee Hambley

despite entirely excluding Appellee Hambley since Monday, August 28, 2023,
from any discussions or information about the frequent new iterations of how
to achieve the Health Department budget cuts that he and Defendant County
Commission Chairman Joe Moss want.”

“Instead, Mr. Gibbs has gone entirely to Fiscal Services for the County to run
various budget scenarios this week, even though Appellee Hambley has
repeatedly asked to and offered to be consulted in these talks.”

Ms. Hambley’s motion was denied by the Court of Appeals.

• September 5, 2023: At the Finance Committee meeting, Ms. Hambley made the
following statements:

“As I have not been invited to any discussions in the past two weeks
regarding the budget for the health department, I’m not sure I’ll be invited
to speak later in this meeting.”

“After attempts to communicate these concerns to Administrator Gibbs went

nowhere it was important that I be transparent with the rest of the commission
and the public and communicate the risk to public health if funding went
forward at 2.5 million.”

5
Ms. Hambley’s Motion for Emergency Relief, September 1, 2023, page 4.

12
 “Administrator Gibbs moved forward instructing that fiscal services draw
up a budget without public health input.”

“In some instances you are literally taking services out of the mouths of
children.”

• September 18, 2023: The latest budget scenario was released. The following is a
summary of the previous five budget years of Health Department Approved Budgets
and the current FY 2024 proposal:

FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024

$11,377,553 $12,595,671 $12,885,857 $14,196,134 $15,258,827 $14,397,715

The latest budget is over three million dollars more than it was Pre-COVID in 2019. It is
more than 2019, 2020, 2021, and 2022’s budgets and is the second highest budget ever proposed
for the Health Department. The latest budget proposal is a 27% increase from 2019 and a mere
5.6% reduction from 2023’s approved budget.

The latest proposal is exactly in line with the BOC’s stated goal of returning the Health
Department budget to Pre-COVID levels while accounting for inflation and population growth.
Moreover, it is also consistent with Commissioner Moss’ stated goal from August 21, 2023, to reduce
the budget “and still allow all of the essential services to function just fine like they have since 2009.”

CHARGES

I. MS. HAMBLEY DEMONSTRATED INCOMPETENCE, MISCONDUCT, AND NEGLECT OF DUTY BY

MAKING FALSE PUBLIC REPRESENTATIONS ABOUT BUDGETARY SCENARIOS.

Ms. Hambley knew that the County Administrator cannot unilaterally adopt a budget, nor can
he unilaterally increase or decrease any department’s budget. Ms. Hambley knew that any request for
proposed budgetary scenarios were not final or binding on the Finance Committee or the Board of
Commissioners.

Yet, instead of responding professionally and competently to the County Administrator’s

requests for different budgetary scenarios, Ms. Hambley ran to the media claiming that the Health
Department may be shut down. Her actions incited fear and panic in the community.

Administrator Gibbs presented a budgetary scenario using $2.5 million from the general fund
to Ms. Hambley on August 22, 2023 at 12:20 p.m. (Exhibit D). On August 22, 2023 at 4:59 p.m. Ms.
Hambley responded to Administrator Gibbs’ proposal to use $2.5 million from the general fund
(Exhibit D). At the exact time she emailed her response to Administrator Gibbs, Ms. Hambley
publicly posted on the Health Department Facebook page that the proposed budget “will significantly
impair, and likely eliminate, various public health services and the Health Department’s ability to
maintain public health and safety” and threatened that the State of Michigan may issue an
administrative compliance order (Exhibit Q).

13
 Rather than acting competently and in good faith by offering a reasoned response for why a
$2.5 million budget scenario would not work, Ms. Hambley unprofessionally resorted to extreme
public hyperbole. Ms. Hambley knew that Administrator Gibbs could not unilaterally dictate a budget
for the Health Department. She also knew that no formal budgetary proposals had even been
submitted to the Finance Committee at that point.

On August 23, 2023 at 8:32 a.m., approximately five business hours after the initial $2.5
million budget proposal and less than one business hour after Ms. Hambley’s response, Administrator
Gibbs responded to Ms. Hambley’s concerns and asked her to “Please proceed with producing a
budget with a general fund contribution as close to the below-directed level as possible.” (Exhibit E).
At that point, it became Ms. Hambley’s duty to prepare a budget proposal and inform the County
Administrator how close she could get to the proposal of $2.5 million. In other words, Administrator
Gibbs abandoned a strict $2.5 million proposal and indicated that it would be up to Ms. Hambley to
set a minimum budget amount. Ms. Hambley either ignored or refused Administrator Gibbs’ request.

It is important to note that after Administrator Gibbs’ August 23, 2023 email, a strict $2.5
million proposal was never addressed or brought up again. Instead, the next budgetary scenario that
was proposed to Ms. Hambley was for $3.8 million on August 25, 2023 (Exhibit I). One week later,
on September 1, 2023, the first actual budgetary proposal of $5.7 million was formally submitted to
the Finance Committee and it was also sent to Ms. Hambley (Exhibit P).

Yet, Ms. Hambley continued to parrot the $2.5 million proposal and implied that it was the
only amount being considered. For example, Ms. Hambley told the Holland Sentinel on August 24,
2023: 6

“At $2.5 million … with again, $1.7 million going back … so essentially $800,000? I
… I don't … I don't know, I don't even know how to propose an operating budget for
that”

Ms. Hambley also prepared a memo on August 24, 2023 (Exhibit F) and posted it on the
Health Department’s Facebook page. It provided a response to the $2.5 million proposal and
completely ignored Administrator Gibbs’ response from August 23, 2023 that acknowledged Ms.
Hambley’s concerns and requested that she prepare a budget as close to $2.5 million as possible.

Instead, Ms. Hambley presented to the public the $2.5 million proposal as if it was the only
amount being considered. She also failed to inform the public that she was requested to provide her
own budgetary scenario that addressed all of her concerns while being as close to $2.5 million as
possible. Ms. Hambley then used this internal discussion to stoke fear and panic in the community.
Again, at no point was $2.5 million ever formally proposed to the Finance Committee or the BOC,
yet Ms. Hambley stated in her report (Exhibit F):

• The proposed $2.5 million in general fund contribution is an 88% reduction in general
funds available to provide services to the community.

6
Hambley: Health Department Could Shut Down in Weeks Under Proposed Budget. Holland
Sentinel. https://www.hollandsentinel.com/story/news/politics/2023/08/24/hambley-health-
department-could-shut-down-in-weeks-under-proposed-budget/70660296007/

14
 • No federal or state funding will be received due to local governing entity requirements
not being met.

• 12 mandated or community need‐based programs will be eliminated by October 1,

2023, such as: Children’s Special Health Care Services, Dental Sealant Program and
Miles of Smiles Mobile Dental Office for school children, Maternal and Infant Health
Program for pregnant moms and infants, Family Planning and Women’s Health
Services, Ottawa Food, Suicide Prevention Coalition, Pathways to Better Health, and
others.

• This does not meet the minimum maintenance of effort to provide mandated programs
as is required by law.

• Actions may subject the County to legal consequences:

o Issuance of an administrative compliance order to the local governing entity by

the State of Michigan for failure to demonstrate adequate provision of required
services to the community.

o Unlaw (sic) retaliatory actions against the Health Officer will lead to additional
claims being filed in court.

• Loss of public health knowledge and expertise through loss of staff and programs that
will take many years and many dollars to rebuild.

• It strips citizens of the services they are guaranteed under the law and the rights they
are granted under the Michigan Constitution. These actions are not fiscally
conservative but fiscally, and legally, irresponsible.

• These actions may necessitate large increases in fees for services that our businesses
and citizens depend upon, long delays for completion of services, or elimination of
services.

Ms. Hambley concluded by promoting doomsday scenarios where the Health Department
would close its doors in as little as four weeks and that this budget risks “the health of each person
who lives or works in Ottawa County.”

Ms. Hambley misled the public on August 24, 2023, implying that $2.5 million was the only
budget amount being considered even though Administrator Gibbs, on August 23, 2023, had already
abandoned that proposed amount and requested that Ms. Hambley provide a minimum amount.

Even if Ms. Hambley found Administrator Gibbs’ original $2.5 million proposal to be
unworkable, impossible, or even offensive, she had a professional duty to explain her concerns while
working towards a solution that addressed those issues. Indeed, this was exactly what Administrator
Gibbs’ did in response to her concerns by asking Ms. Hambley to prepare her own budget “as close
to” $2.5 million as possible.

Instead of responding to Administrator Gibbs’ updated request that acknowledged her

concerns and working towards a solution, Ms. Hambley resorted to misleading the public and causing
15
panic that the Health Department was going to be imminently closed. Rather than working towards a
solution, Ms. Hambley used the very first proposal from Administrator Gibbs to attack and impugn
his and the BOC’s motives.

Internal discussions continued and Administrator Gibbs requested on August 25, 2023, that
Ms. Hambley prepare a budget scenario for $3.8 million (Exhibit I). Again, rather than properly
respond to Administrator Gibbs, Ms. Hambley prepared a memo on August 28, 2023 (Exhibit L),
issued a press release on August 30, 2023 (Exhibit O), and included the August 28, 2023 memo with
the press release.

In Ms. Hambley’s press release, she falsely stated (Exhibit O, emphasis added):

“The Ottawa County general fund contribution to Public Health will be $3.8 million
(of which $1.3 million is from Public Health Fund Balance).”

Ms. Hambley intentionally misled the public by stating that the funding for the Health
Department “will be” $3.8 million, even though she knew that no formal budget proposal had even
been submitted to the Finance Committee at this point, or let alone voted upon the entire BOC.

Ms. Hambley’s August 28, 2023 memo, that was attached to the August 30, 2023 press
release, stated:

• “All items below the yellow highlight would need to be cut due to lack of funding”
and “[a]s the programs below the highlighted yellow line are no longer funded, they
would be eliminated . . :”

o Dental Grants-Seal

o Dental Services – Miles of Smiles

o Children’s Special Health Care

o Maternal Infant Health Program

o Medicaid Outreach

o Ottawa Food

• “The initial request to create a budget of $2.5 million total general fund would not
meet this maintenance of effort as required . . .”

• “As explained in my response on August 24, 2023, that a total general fund
contribution of $2.5 million falls significantly short of the maintenance of effort
(MOE) needed to operate all mandated essential public health services at a minimally
serviceable level, let alone meet the general fund needs for other required or desirable
services that Ottawa County residents have relied on and have contributed to a
comparatively healthy, thriving community in the past.”

Finally, Ms. Hambley continued to report to the public about problems with the $2.5 million
proposal that had already been abandoned.
16
 Once again, instead of acting in good faith, continuing internal discussions, explaining her
concerns, and working towards a solution, Ms. Hambley resorted to lying to the public, causing fear
and panic, and reiterating her claims that the shut down of Public Health programs was imminent. No
formal proposal had been submitted to the Finance Committee or the BOC at this point, yet Ms.
Hambley lied to the public that the Health Department’s funding “will be” $3.8 million. At no point
had the Finance Committee or BOC ever received or voted upon a proposal for $3.8 million and Ms.
Hambley knew this to be true when she lied to the public.

Ms. Hambley, by her own internal emails, knew that the budget had not been finalized and it
was not set at $3.8 million. This is demonstrated by the private email she sent internally to her staff
on August 25, 2023 which stated that “budgets are still being discussed by the Board of
Commissioners in the Finance Committee Workgroup” and “services are continuing as usual and
budgets have not yet been finalized” (Exhibit G, emphasis added). This was further confirmed by
the first formal proposal presented to the Finance Committee on September 1, 2023 for $5.7 million
(Exhibit P).

While Ms. Hambley was publicly proclaiming that the completed budget “will be” $3.8
million and services “would be eliminated,” she was privately admitting to her staff that “services are
continuing as usual” until “after October 1, 2024,” and “budgets are being discussed” and “have not
been finalized” (Exhibits G, L, and O). These instances of duplicitousness and deceit warrant Ms.
Hambley’s removal.

All of the above demonstrates Ms. Hambley is unfit to continue in her position because of her
incompetence, misconduct, and/or neglect of duty.

II. MS. HAMBLEY DEMONSTRATED INCOMPETENCE, MISCONDUCT, AND NEGLECT OF DUTY BY

FALSELY CLAIMING THAT SHE WAS NOT INCLUDED IN THE BUDGET PROCESS.

Ms. Hambley, in her official capacity as interim Health Officer, publicly made numerous false
claims regarding the budgetary process that reflect incompetence, misconduct, willful neglect of duty,
or a combination of all three. For example:

“As I have not been invited to any discussions in the past two weeks regarding the
budget for the health department, I’m not sure I’ll be invited to speak later in this
meeting.” 7

“After attempts to communicate these concerns to Administrator Gibbs went nowhere

it was important that I be transparent with the rest of the commission and the public
and communicate the risk to public health if funding went forward at 2.5 million.” 8

“Public Health has not been consulted about this budget, or provided with any
information on the proposed budget or suggested cuts.” 9

7
Finance Committee Meeting, September 5, 2023.
8
Finance Committee Meeting, September 5, 2023.
9
Health Department Press Release, August 30, 2023.

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 In addition, Ms. Hambley falsely represented to the Court of Appeals that she had been shut
out of the budgetary process. 10

Ms. Hambley made these public claims despite knowing they were false. All of the above
emails and communications clearly show that Ms. Hambley and her department were in almost daily
communication with Administrator Gibbs, Fiscal Services, or Finance Chair Cosby regarding the
budget.

Fiscal Services

Specifically, Ms. Hambley falsely claimed that she had no contact with Fiscal Services and
was completely shut out:

August 30, 2023 (Holland Sentinel): “. . . the county's fiscal services department is
now creating a new budget for the health department — bypassing her and her staff
altogether — and has been instructed to ‘reduce funding in every public health line
item to meet this funding level.’”

August 30, 2023 (Press Release): “As of today, Ottawa County Fiscal Services is
creating a new Public Health budget at the direction of Administrator John Gibbs,
without input from leadership at the health department.”

August 30, 2023 (Fox 17): “I've reached out numerous times to ask to be at the table
or to say this is complex and we should meet and discuss with fiscal. I have not
received anything.”

September 5, 2023 (Finance Meeting): “Administrator Gibbs moved forward

instructing that fiscal services draw up a budget without public health input.”

By her own admissions, Ms. Hambley knew her claims and official public representations on
behalf of the Health Department were false. On August 25, 2023, Administrator Gibbs sent an email
to Ms. Karasinski and Ms. Hambley with the latest budget scenarios and requested that Ms.
Karasinksi “please work with Nina and Kris to set the exact budget numbers within the above
parameters.” Nina Baranowski is the Public Health Financial Manager and Kris Conrad is an
Administrative Assistant in the Public Health Department. Clearly, the Health Department was not
being bypassed when the County Administrator requested that the head of the Finance Department
work with two high level employees in the Health Department.

In addition, Ms. Hambley’s emails prove her incompetence, misconduct, and neglect of duty:

August 25, 2023: “I wanted to let you know that it may be a few days before I can
provide some of it, as much of my weekend and today have been spent helping
provide answers for Karen from Fiscal Services, so that she can assist
Administrator Gibbs with his various requests for different possible budget
decrease scenarios, and the ramifications of each. This work is ongoing. . .” 11

10
Ms. Hambley’s Motion for Emergency Relief, September 1, 2023, page 4.
11
Exhibit J.

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 August 28, 2023: “Thank you for cc’ing me on the request you sent Friday afternoon
to Karen for changes to the Public Health FY 2024 budget.” 12

August 28, 2023: “It is important for both Fiscal Services and Public Health to work
together on your new request for budget amendments, since there are program details
that Karen will need from Public Health to attempt to do what you have asked:
suggest configurations of the Health Department budget which could still comply
with the Public Health Code and with state and federal funding requirements.” 13

August 28, 2023: “My understanding is that you have now asked her for different
information, and so we are now pivoting to help her with those new requests. We will
continue to try our best to help Karen with these new requests as of today at
5pm.” 14

Ms. Hambley’s own emails undisputedly show that she was privately working with the county
fiscal services department, the County Administrator, and/or the Commissioners. She was providing
them with information and such work with Fiscal Services was “ongoing.” All the while, she was
falsely claiming to the public to have been completely shut out of the budgetary process. Ms.
Hambley was misleading the public and such conduct amounts to incompetence, misconduct, and/or
neglect of duty.

Health Department Programming

Next, Ms. Hambley falsely claimed that there had been no discussions with her regarding
Health Department programming:

August 30, 2023 (Fox 17): “I have not been involved in any of the conversations
about public health programming and potential cuts.”

August 30, 2023 (Press Release): “Despite Hambley’s best efforts to inform and
educate County Administration on the complexity of funding mechanisms and
statutory program requirements of a local health department in Michigan, and her
offers to discuss public health programs, funding, and legal requirements on
numerous occasions, the Health Officer was not included in this process.”

Ms. Hambley knew her public claims, made on behalf of the Health Department, were false.
Again, the Chair of the Finance Committee, Gretchen Cosby, requested from Ms. Hambley just days
earlier, on August 25, 2023, the following (Exhibit H, emphasis added):

Good afternoon Adeline,

During the Budget Work Session on Monday, I requested the following information to
help with budget decisions for FY2024:

1. Number of current health department programs.

12
Exhibit K
13
Exhibit K
14
Exhibit K

19
 2. Descriptions of the programs and services.

3. Number of residents served by the individual program.

4. Resources required- human/FTE’s and supplies to provide the program.

5. Intended outcomes and current outcomes.

I am interested in learning more about your business and believe that my background
as a nurse will be helpful as we plan for a healthier Ottawa County in 2024.

Thank you for your assistance.

Gretchen

Ms. Hambley responded on the same day, August 30, 2023, and provided links to
Commissioner Cosby, which she claimed had “some great info on program performance highlights”
from the Health Department (Exhibit H). However, on the same day, Ms. Hambley publicly told the
media that she had no discussions regarding public health programming. Despite responding to
Commissioner Cosby’s request, Ms. Hambley publicly stoked fear and panic in the community by
lying that she had no discussions regarding health programs.

Further, Ms. Hambley admitted in her August 28, 2023 email that she was providing program
information to Fiscal Services (Exhibit K, emphasis added):

“It is important for both Fiscal Services and Public Health to work together on your
new request for budget amendments, since there are program details that Karen
will need from Public Health to attempt to do what you have asked: suggest
configurations of the Health Department budget which could still comply with the
Public Health Code and with state and federal funding requirements.”

While Ms. Hambley publicly claimed that she was bypassed, excluded from the budget
process, and had no discussions regarding public health programming, she was privately working
with the Finance Department and the County Administrator (Exhibits A, B, D, E, I, K, and P), having
discussions with Finance Chair Cosby (Exhibits H, J, M, and N), and being asked to prepare her own
budget based upon different scenarios (Exhibits D, E, I, and P).

In summary, Ms. Hambley is either incompetent to hold the position of interim Health Officer
because she is unable to properly engage in the budget preparation process, or she has engaged in
misconduct or willful neglect of duty in the budgetary process as Interim Health Officer by actively
misleading the public. In either case, she is not fit to continue in that position.

III. MS. HAMBLEY DEMONSTRATED INCOMPETENCE, MISCONDUCT, AND NEGLECT OF DUTY BY

FAILING TO COOPERATE IN THE BUDGET PROCESS.

All of the above communications show Ms. Hambley’s involvement in the budgetary process
and belie her false public claims on behalf of the Ottawa County Health Department.

Ms. Hambley was clearly involved in the budgetary process for weeks. Instead of acting in
good faith by cooperating in the process, she falsely claimed that the Health Department could be
20
shut down well before a budget proposal had even been submitted to the Finance Committee. In
reality, the various budget scenarios were still being prepared during the week of August 28, 2023.
The first proposed Health Department Budget was sent to Ms. Hambley on September 1, 2023
(Exhibit P), before she filed her motion in the Court of Appeals case in which she falsely claimed that
she had been cut out of the budget process.

After Administrator Gibbs requested that Ms. Hambley prepare a budget scenario assuming a
2.5 million general fund contribution (Exhibit D), Ms. Hambley responded that such a budget was not
feasible (Exhibit D). In response to Ms. Hambley’s concerns, early the next morning Administrator
Gibbs asked her to prepare a budget “as close to the below-directed level as possible” and left it up to
Ms. Hambley to set the minimum amount required (Exhibit E). Ms. Hambley never complied with
that request and instead continued to maintain that she could not produce a budget with a 2.5 million
general fund contribution, a request that was no longer being made. Ms. Hambley knew that no
budgetary proposals had yet even been submitted to the Finance Committee. Instead, different
budgetary scenarios were still being discussed when she refused to produce a budget “as close to”
$2.5 million as possible.

Throughout the budget process, the Finance Committee and Board of Commissioners would
have found it useful for Ms. Hambley to provide information concerning the acceptable minimum
Health Department funding. Instead of providing that information, Ms. Hambley chose, instead, to go
to the media with frightening and false claims that the Health Department may shut down in a matter
of weeks. Her false statements, misrepresentations, failure to cooperate in the budgetary process, and
her failure to act in good faith amount to incompetence, misconduct, and/or neglect of duty.

IV. MS. HAMBLEY DEMONSTRATED INCOMPETENCE, MISCONDUCT, AND NEGLECT OF DUTY BY

MAKING FALSE CLAIMS THAT ENCOURAGED AND CAUSED CONFUSION, ANXIETY, FEAR, AND
PANIC IN THE COMMUNITY.

Ms. Hambley’s actions have needlessly caused fear and panic in the community. It is
important to note that the Health Department budget had not even been proposed to the Finance
Committee, let alone to the entire BOC, at the time she was stoking fear and panic. Even though the
budget process was in its infancy and the County Administrator was merely looking at different
budgetary scenarios in preparation for a Finance Committee meeting, Ms. Hambley misled the public
and made numerous irresponsible statements to terrorize the public.

Ms. Hambley took the very first, and quickly abandoned, budget scenario ($2.5 million) that
was not even proposed to the Finance Committee, let alone voted on by the Committee or the
complete BOC, and lied about that possible scenario to the public. She continued to scare the public
with her threats of the Health Department shutting down even though she knew the budget was an
ongoing process.

While it is obviously appropriate to keep the public informed and updated as to the budgetary
process, it is quite another to act dishonestly and in bad faith, cause fear and panic in the community,
and issue threats on nearly a daily basis that the Health Department is going to close, children will be
harmed, and implying that people will die. For example (emphasis added):

• September 5, 2023 (Finance Committee Meeting): “In some instances you are
literally taking services out of the mouths of children.

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 • September 5, 2023 (Holland Sentinel): 15 “Hambley said [the budget] would “continue
to put all public health services at risk.”
• August 30, 2023 (Holland Sentinel): “Hambley told The Sentinel and other media
outlets last week that Moss' demands to slash her budget next year by nearly $4
million could violate her state-mandated duties to protect public health, and
potentially close the health department altogether.”
• August 30, 2023 (Fox 17): “[T]his would force the department to close within a
matter of weeks.”
• August 30, 2023 (Fox 17): “If they're proposing a cut, and every single line item for
public health, you would be looking at significant time increases, or turning away of
people for programs, or you look at significant time increases for inspections, permit
issuance, or things like that. . .”
• August 30, 2023 (Holland Sentinel): “And to me, this is a threat to the foundations of
the public health and the health and safety of the community.”
• August 22, 2023 (Facebook post): “Proposed budget reductions of this size will
significantly impair, and likely eliminate, various public health services and the Health
Department’s ability to maintain public health and safety.”

As a result of Ms. Hambley’s incompetence, misconduct, and/or neglect of duty, she caused
fear and panic in the community. For example, the following are just a few of the statements from
constituents (Exhibit R):

• “If these cuts are allowed to go through, the children of Ottawa County will suffer.” 16
• “Because vulnerable people will get hurt: mothers, children, people without regular
access to health care, the unborn and the whole community.”
• “This will be devastating to all of Ottawa County but it will effect those in need the
most.”
• “Do not take dental care and food from children.” 17
• “You will be harming people I[n] ways you have not fully considered. You’re playing
politics with childrens health and wellbeing.”
• “This is an irresponsible demand that would effectively shut down public health
services to county residents.”
• “As my representative in the Ottawa County commissioners, I would like to know
your thoughts on the gutting of the health department.”
• “I am concerned that if the proposed budget cuts are passed, it will become very
difficult to live or do business in the county.”
• “[W]hy was the Health Department asked to reduce their budget by 88% in two
days?”

15
Hambley: Newly proposed budget is better, but nowhere near enough, Sarah Leach.
https://www.hollandsentinel.com/story/news/politics/county/2023/09/05/hambley-newly-proposed-
budget-is-better-but-nowhere-near-enough/70763811007/
16
Ottawa County Board of Commissioners Meeting, September 12, 2023, Public Comment at
1:16:42. https://www.youtube.com/watch?v=fM6IjyQyqd4
17
Ottawa County Board of Commissioners Meeting, September 12, 2023, Public Comment at
2:22:50. https://www.youtube.com/watch?v=fM6IjyQyqd4

22