COVID-19 policy critics say Genesee health officer’s appointment ‘null and void’ – MLive.com
GENESEE COUNTY, MI — Three critics of the county’s response to the COVID-19 pandemic have sued Medical Health Officer Dr. Pamela Hackert and the county Health Department, saying her appointment to the position is “null and void” because she never took and filed a required oath of office.
The three county residents — Lindsey Spiewak, April Snyder and Debra Kaake-Zofko — filed a complaint in Genesee Circuit Court on March 31, seeking a declaratory judgment against Dr. Pamela Hackert and the Health Department, claiming they violated the Michigan Constitution by not taking or requiring the oath to be taken.
Hackert took office on Jan. 4, 2021, and had not filed her oath as of mid-November, according to the lawsuit, which says Spiewak made a Freedom of Information Act requests to the county to determine if evidence of Hackert’s oath-taking exists.
The county denied the FOIA request, saying no such records exist.
The lawsuit cites a section of state law that says an office becomes vacant if an individual refuses to or neglects to take an oath and file it with the county Clerk’s Office within 60 days.
Hackert referred questions about the lawsuit to attorney Rhonda R. Stowers, who is representing her and the Health Department in the case.
In a statement to MLive-The Flint Journal, Stowers said the county is “vigorously defending this case and are confident Dr. Hackert will be fully vindicated.
“She is a dedicated public servant who holds herself to the highest personal, professional and ethical standards,” the attorney’s statement says. “Dr. Hackert remains focused on doing her job and looks forward to putting this politically motivated and totally unnecessary litigation behind her.”
James A. Thomas, an attorney for Spiewak, Snyder and Kaake-Zofko, declined to comment to The Journal, but the Circuit Court complaint asks Judge Brian S. Pickell for a declaratory judgment on Hackert’s status, saying the issue “affects the whole citizenry of Genesee County.”
“No public official is above the law to not have to comply with constitutional instructions in regard to being in a position of governmental authority,” the complaint says.
Hackert became a lightning rod of controversy soon after her appointment as medical health officer during the coronavirus pandemic.
She issued a public health order requiring all county schools to enforce mask-wearing for K-6 students, teachers and staff regardless of their vaccination status in 2021, lifting it before the close of last year.
COVID-19 orders from Hackert angered some residents, who questioned the effectiveness of masks and the wisdom of blanket requirements on students and school districts and some have continued to speak out at public meetings since that time.
Just last week, Hackert walked out of a Board of Health meeting before returning after speakers called health officials “evil” and “wicked.”
Eight residents spoke at the meeting, including one woman who asked the health board to publicly recommend against COVID-19 vaccinations for young children and another who pointed toward Hackert and others and said “murderers” and “killers” as she left the podium.
Last year, a Grand Blanc woman was charged with threatening the life of Hackert and her chief deputy after allegedly calling the Health Department and telling a woman answering the phone, “We will find them, and we will kill them.”
The woman, Helaina M. Burt, who has denied making a death threat, entered a plea agreement with prosecutors last month, pleading no contest to one misdemeanor count of malicious use of service provided by a telecommunications service provider.
In return for her plea, prosecutors agreed to dismiss a second count of the same charge as well as one felony count of making a false report or threat of terrorism.
The complaint against Hackert and the Health Department seeks a speedy hearing on the action, a declaratory judgment that finds Hackert and the county violated the state Constitution, attorney and other fees and expenses, and any other relief the judge deems just and proper.
Read more at The Flint Journal:
Genesee health officer pleads for end to personal attacks tied to COVID-19 response
Hundreds protest against mask mandate in Genesee County schools
