Michigan officials are seeing how far they can push local health departments
County officials in multiple Michigan communities are testing the boundaries of their legal reach when it comes to limiting the powers of their local health departments.
More: Health department board to consider proposal to limit pandemic responses
More: 'I just can't stay': Peacock resigns as health officer of Health Department of Northwest Michigan
A resolution authored by Rich Ginop, chairman of the Emmet County Board of Commissioners, and submitted to the Health Department of Northwest Michigan Board of Health would require all government emergency measures regarding a pandemic to expire after 28 days. Only a three-fourths vote of the full Board of Health would be able to authorize the continued implementation of such measures — and then only on a month-by-month basis.
The resolution also states the health department shall not impose, permit or enforce COVID-19 vaccine mandates, mandated masking or testing of asymptomatic persons.
In a previous interview, Ginop said he was motivated to write the resolution because "I am sick and tired of the so-called authorities lying to us and not revealing the truth about vaccine damages, deaths and injuries that are happening.”
Even before the resolution went to a full discussion and vote, its legality was in doubt.
Officials from the Michigan Department of Health and Human Services said the proposed 28-day expiration for health measures couldn't be legally applied to mandates from MDHHS or the federal government.
"Courts have consistently upheld MDHHS’ ongoing authority under the public health code. MDHHS will continue to use its powers ... to protect the lives of the people of Michigan," spokeswoman Chelsea Wuth said in response to Ginop's resolution.
The board’s own advising attorney, Matthew Cross, said the resolution was “not consistent with the health code.”
“Any limitations (you're) trying to put on the health officer (are) simply not consistent with the health code ... most of this resolution would be invalidated if it was subjected to a legal challenge,” he said.
Eight members comprise the Board of Health — two each from the health department’s jurisdiction of Antrim, Charlevoix, Emmet and Otsego counties. The measure failed in a tie vote at the board’s April 4 meeting, which saw a strong turnout from members of the public.
More: Health board rejects resolution seeking to limit future pandemic responses
The meeting isn't the first time the Health Department of Northwest Michigan has drawn a standing-room-only crowd. A school mask mandate issued by then-health officer Lisa Peacock in August 2021 led to months of heated discussion and attempts to remove Peacock from her position. Peacock eventually resigned, citing “a hostile work environment.”
The controversy follows similar veins to an ongoing power struggle in Ottawa County, farther south. The legality of a health officer's authority to issue a school mask mandate was tested in a now-dismissed case during the height of the COVID-19 pandemic.
Indeed, in Ottawa County, tensions are especially high — the sitting health officer, Adeline Hambley, filed a lawsuit against several members of the county's board of commissioners, later amended to include the board as a whole, after they took action to "constructively terminate" her earlier this year.
Hambley was hired by the former board in December — before eight new members took office in January, many backed or associated with Ottawa Impact PAC, an upstart far-right political group borne from clashes over the county’s COVID-19 mitigation mandates in 2020.
Its founders, Joe Moss and Sylvia Rhodea, were unsuccessful in suing the previous board of commissioners and the county's former health officer, Lisa Stefanovsky.
More: Lawsuit: Health officer says Ottawa Impact commissioners targeted her
More: Ottawa Impact commissioners move to toss Hambley lawsuit, claim she was never hired
In response, they targeted seats on the board in 2022, recruiting like-minded candidates who agreed “traditional Republicans” weren’t enforcing true conservative policies.
During the first meeting of the new board, the seven commissioners named in Hambley's lawsuit voted to demote her to "interim health officer" and replace her with an appointee who aligns with the new board's views on COVID-19.
Hambley's lawsuit claims the board is preventing her from doing her job. Since the lawsuit was filed, a temporary restraining order was granted to Hambley, which prevents the board from firing her while the case plays out in court.
In late February — after Hambley filed her lawsuit — Ottawa Impact commissioners voted 6-5 in favor of changing the wording of the resolution that hired Hambley, in essence arguing she had never been properly hired at all.
A hearing for the lawsuit took place in Muskegon County on March 31 in Muskegon County — after all judges in Ottawa County recused themselves from the case. Judge Jenny L. McNeill heard arguments and will issue a written opinion "as soon as possible." A timeframe was not given.
— Contact reporter Mitchell Boatman at mboatman@hollandsentinel.com. Contact editor Jillian Fellows at jfellows@petoskeynews.com.
This article originally appeared on The Holland Sentinel: Michigan officials are seeing how far they can push local health departments
