Former administrator Gibbs sues Ottawa County board, chair
GRAND RAPIDS, Mich. (WOOD) — Former Ottawa County administrator John Gibbs is suing the Ottawa County Board of Commissioners and Board Chair Joe Moss, claiming his firing earlier this year was retaliation for criticizing the county’s lawyer.
According to the 41-page federal lawsuit filed on Monday, Gibbs is suing the county board for retaliating after Gibbs exercised his First Amendment right to freedom of speech, violated Michigan’s Whistleblower Protection Act and for a breach of contract when he was fired without cause. He is also suing the board and Moss for violating the Michigan Defamation Law.
John Gibbs not surprised he was fired from being Ottawa administrator
The lawsuit said Gibbs is suing the county board for retaliating after Gibbs exercised his First Amendment right to freedom of speech. It claims that on March 10, 2023, when Gibbs issued a complaint against the performance of Jack Jordan, an attorney with Kallman Legal Group and the county’s lawyer, he was not doing doing so under his duties as administrator.
He’s also suing the board for violating Michigan’s Whistleblower Protection Act. The lawsuit claims that when he complained to the board about Jordan and his inflated billing practices, the board retaliated and fired him.
The board is also being sued for a breach of contract by terminating Gibbs without cause. The lawsuit says that Gibbs’ contract says he can be without cause but must receive a written notice 90 days before being terminated, would receive a lump sum severance payment of nine months of his annual salary of $210,000 and paid health insurance for nine months. If he were to be fired for cause, his lawsuit says his contract outlined it would have to be for “intentional fraud, dishonesty, gross misconduct, or willful malfeasance in connection with Gibbs’” performance. For-cause termination would mean that Gibbs would not receive severance pay.
The board said that it fired Gibbs after receiving several complaints about Gibbs’ behavior in the workplace. According to the lawsuit, Gibbs received no complaints before he was placed on administrative leave on Feb. 22.
He is also suing the board and Moss for violating the Michigan Defamation Law. The lawsuit claims that when Moss, who was representing the board, disclosed a letter that outlined several complaints against Gibbs on Feb. 23, he intentionally shared false information. The complaints included allegations that he made threats against county attorney Jack Jordan as well as derogatory comments, with both sexual and religious connotations, toward Commissioner Gretchen Cosby. The letter also states he created a hostile workplace environment for his employees. Gibbs has denied those allegations.
Ottawa County administrator denies making threatening, derogatory comments
The lawsuit is asking that a judge declare that the board violated Gibbs’ First Amendment rights and Michigan’s Whistleblower Act and that Moss and the board violated Michigan’s Defamation Act. It’s asking that Gibbs be awarded his severance pay, receive compensation for the monetary and nonmonetary loss, and compensatory, economic and noneconomic damages among other things.
In a 10-1 vote, Gibbs was fired as administrator at a special board meeting on Feb. 29.
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