Ottawa County commissioner files federal lawsuit over firing from MSU Extension

OTTAWA COUNTY — Ottawa County Commissioner Chris Kleinjans has filed a lawsuit against the MSU Extension for firing him shortly after his election.

Kleinjans won the seat May 7, defeating Ottawa Impact's Lucy Ebel in a recall election. He took office to represent District 2 on May 28. One week later, on June 4, he was fired from his role with the local MSU Extension.

On Friday, June 21, attorney Sarah Riley Howard filed a federal lawsuit on his behalf, seeking damages and restoration to his position.

Because the county pays the MSU Extension for services — $272,720 in the current fiscal year — and provides office, meeting and programming space, a conflict of interest exists between the roles. Kleinjans said the extension cited the Incompatible Public Offices Act 556 of 1978.

More: Kleinjans claims 'political pressure' from Ottawa Impact left him unemployed

“They advised me they did not believe I could continue working effectively with their partners while also fulfilling the office of (commissioner), to which I was recently elected,” Kleinjans, who worked as a community nutrition instructor, wrote in a statement.

“This was the sole reason for my termination. There was no job performance issue, no personal or professional impropriety, nor any other cause for (the) MSU Extension’s decision.”

The lawsuit claims “political pressure” is the real reason for his termination.

The lawsuit names MSU Extension employees M. Scott Korpak, Matthew Shane and Erin Moore as defendants. It alleges many of the same points Howard made in a letter to the extension earlier this month.

It claims the defendants violated Kleinjans’ first amendment rights by unlawfully discriminating against him for running in the election as a Democrat against a member of Ottawa Impact.

OI is a Republican PAC formed in 2021 by now-Board Chair Joe Moss and Vice Chair Sylvia Rhodea. Candidates affiliated with the PAC won a majority on the board in 2022 and quickly instituted sweeping changes.

“Defendants’ actual reason for the decision to place (Kleinjans) on unpaid leave and ultimately to fire him from his job is that they have bowed, and are bowing, to political pressure from the OI majority,” the lawsuit reads.

“The OI majority placed political pressure on defendants to retaliate against (Kleinjans) for running against and winning a recall election to unseat their political ally, Lucy Ebel. Defendants do not have a non-discriminatory reason to fire (Kleinjans) and have merely capitulated to the OI majority.”

The lawsuit lays out a timeline of alleged retaliation, dating back to November.

On Nov. 14, the advisory board for Ottawa Food, of which Kleinjans was a member, voted to suspend operations after the county slashed health department funding. Kleinjans was listed as a media contact on a press release.

More: Officials said 'no one' wanted Ottawa Food to be impacted. It was anyway.

Meanwhile, a contract with the extension had been approved by a county committee and was slated for final approval Nov. 21. On Nov. 17, the lawsuit claims, then-County Administrator John Gibbs informed leadership the contract would be removed from the agenda.

Kleinjans and Moore met in late November, the lawsuit states, and Moore speculated Kleinjans’ involvement with Ottawa Food may have been the reason for the delayed approval.

Kleinjans publicly announced his candidacy in the recall election Dec. 6. The next day, according to the lawsuit, defendants Kelly and Korpak met with Moss and Commissioner Allison Miedema.

Moss and Miedema did not immediately respond to a request for comment.

The commissioners allegedly expressed displeasure with Kleinjans’ involvement with both the MSU Extension and the election and said the contract approval would be put on hold until Kleinjans was removed from the organization’s work in Ottawa County.

Shane allegedly shared this information with Kleinjans on Dec. 14, but assured him his job was not at risk. No further conversations were had about Kleinjans’ employment until after the recall election, per the lawsuit.

Commissioners eventually approved the contract on Jan. 16. Kleinjans won the May 7 recall election by 20 percentage points, earning 60% of the vote. He will need to win again in November to keep the seat for a full term.

On May 23, Shane and Kleinjans met, and Shane allegedly told Kleinjans he couldn't continue his work while serving as commissioner.

The extension, according to the lawsuit, gave Kleinjans the option of taking an unpaid leave through the end of the year and being terminated if he won in November, or being fired immediately.

Kleinjans refused the unpaid leave and was terminated June 4.

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In her letter sent earlier this month, Howard requested Kleinjans be rehired. He was not seeking economic damages at that time.

Relief sought through the lawsuit does, however, include damages. It seeks for the defendants to:

• Adopt and abide by a policy of non-discrimination for outside political activities by employees

• Allow the plaintiff to return to work immediately

• Award economic damages in the form of back wages, non-economic damages and attorney fees

— Contact reporter Mitchell Boatman at mboatman@hollandsentinel.com.

This article originally appeared on The Holland Sentinel: Chris Kleinjans sues over firing from MSU Extension