OTTAWA COUNTY — The Michigan Court of Appeals has granted a motion filed by The Sentinel in February to consider arguments in an effort to unseal testimony from a November 2023 hearing.
County Clerk Justin Roebuck’s testimony related to a closed session earlier that month in which the Ottawa County Board reportedly agreed to give a $4 million payout to health officer Adeline Hambley in exchange for her resignation.
More: The judge denies the request to release the closed court transcript
That came after months of litigation between Hambley and the board, which voted unsuccessfully in January 2023 to replace her 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 that an agreement was never reached and that a vote by the board to “accept counsel’s recommendation” regarding a settlement would simply was intended to indicate that they wanted to continue the discussions. – not that they had come to an agreement.
Judge Jenny McNeill of the Fourteenth Circuit Court ultimately concluded that the settlement was unenforceable because the terms of the settlement were not part of the proposed approval, even though she too believed that the $4 million payout was intended to of the board.
During the hearing before that order, McNeill closed the courtroom to the public and media. She only heard from Roebuck before she suspended.
More: Sentinel asks judge to unseat testimony, transcript of Hambley evidentiary hearing
More: Lawyers are battling over what the judge actually said during a closed Hambley hearing
Joseph Richotte, an attorney for The Sentinel, wrote in a Feb. 7 filing that McNeill made a mistake when she closed the courtroom.
“Courtroom[s] cannot be closed and documents cannot be sealed except upon 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 know about discussions that took place during a closed session. McNeill ultimately approved his request to close the courtroom because “that bell can’t be rung.”
McNeill denied The Sentinel’s request to release the transcript of the hearing. The Sentinel sought leave to appeal to the Michigan Court of Appeals, which was granted Friday, Nov. 8.
More: Ottawa County must pay $188,000 in attorney fees for Hambley’s lawsuit
The province and the newspaper must now file briefs with the court, after which the case will be heard by a three-judge panel. No further court dates have been scheduled.
— Cassidey Kavathas is a political and court reporter at The Holland Sentinel. Contact her at ckavathas@hollandsentinel.com. Follow her on Twitter @cassideykava.
This article originally appeared in The Holland Sentinel: Supreme Court considers Sentinel’s request to unseal Hambley’s testimony
