Mich. Court of Appeals reverses county whistleblower lawsuit
"The COA really reversed the main part of the suit," said
Officials fired Green in
The lawsuit contends it was actually Green's whistleblowing about an alleged 2016 plan to disband the
"She was fired 16 hours after speaking out at a county commission meeting," Parsons said in a telephone interview Monday. "She was trying to shed some light on what was going on."
At a
More than 100 pages of emails and memos critical of Green were filed as part of the county's defense, court documents show.
Kazim did not return a call for comment Tuesday and
Elsenheimer dismissed the case, citing prior court rulings stating a whistleblower claim can only be made for past actions and not those planned for sometime in the future, the Record-Eagle previously reported.
Green's initial accusations were for planned future events, though Parsons later amended the complaint.
"A few years ago the court decided you cannot claim things that are about to happen," Parsons said. "So, for example, if they're about to steal money from the
Green declined comment through her attorney and Parsons said, barring other arrangements, he plans to re-litigate the complaint.
"We're going to end up with a trial in front of
Commissioner
Elsenheimer declined comment, citing the suit's active status.
Green v. County of
That's the year Green was hired as the county's
Problems arose in 2015 after former County Administrator
Consultant
When Green did not submit a requested business plan, Menzel responded by assembling a quality assessment panel to perform an internal audit.
The QAP included
The first meeting was reportedly antagonistic, with Green accusing the panel of trying to take over the
In
This set off immediate alarm bells with DeHann and Sagala, who told Green she could be violating the Michigan Campaign Finance Act, which prohibits using public resources for political purposes. Officials can produce factual information but not explicitly or implicitly advocate for a millage.
Menzel sent Green a formal memorandum barring her from the practice. It was later discovered Green continued to use her county email account to send email to pro-millage volunteers, court documents show.
In a pre-empt, county administrators sent a letter to state
On
The memo cited performance issues unrelated to campaign finance issues. Green didn't understand health privacy rules or the importance of FBI background checks on all
Her recommendation to not to hire someone because they had a lifting restriction could have run afoul of the Americans With Disabilities Act.
Green did not demonstrate budgeting expertise, the memo said, and when she asked the board to hold their meetings around her schedule, Menzel responded this was "not in accordance with good time management."
Green sent a
Also in 2016, an auditor discovered a
In December of that year, county commissioners voted to reduce COA's mileage from .4998 mills to .3375 mills, claiming the reduction would save taxpayers about
The plan would have sent millage funds to the general fund, award a
Green and Parsons claimed her termination followed her publicly reporting concerns regarding the millage misdirection and Health Insurance Portability and Accountability Act violation that would have resulted from the Comfort Keepers agreement.
Kazim argued Green's termination resulted from concerns with her leadership and poor performance, as previously reported.
After Green was fired, the director position sat vacant for a year before
The organization's current director is
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