LANSING — As a federal judge considers whether to order Michigan State University Extension to reinstate Ottawa County’s newest commissioner to his job, the school’s representatives confirmed for the first time Friday they were politically pressured by board leadership to alter his employment.

Chris Kleinjans filed a lawsuit June 21 in Michigan’s U.S. Western District Court claiming MSU’s Extension violated his First Amendment Rights after giving him an ultimatum after he was elected in a special recall election May 7: Take an unpaid leave through the remainder of the year or face termination.

Kleijans worked for Extension as a nutritional instructor for more than a dozen years prior to his dismissal June 4.

The lawsuit claims MSU’s reasoning was due to “bowing to political pressure” from the Ottawa Impact majority on the Ottawa County Board of Commissioners.

The university’s leadership has said that “because of the nature of the work that we do within the county, it’s impossible to separate the work of Extension and the role of county commissioner.”

However, an attorney for MSU said Kleinjans’ dismissal, though unfortunate, had nothing to do with the school’s relationship with the county.

How we got here

Ottawa Impact is a far-right fundamentalist group formed in 2021 over frustrations with the county and state over COVID-19 mitigation measures.

Since taking office in January 2023, OI commissioners pushed through a series of controversial decisions, resulting in several lawsuits against the county.

After being seated, “they immediately began making … charitably speaking … aggressive decisions,” Kleinjans said in testimony Aug. 9 during an evidentiary hearing in the Western District’s courthouse in Lansing. “It was a different interpretation of freedom than what we were operating under before.”

A recall petition targeted one OI commissioner — Lucy Ebel — and Kleinjans ultimately was the Democrat who defeated her by a 20% margin in May.

According to Kleinjans’ lawsuit, the OI majority “placed political pressure” on MSU to retaliate against Kleinjans after he was selected as the Democrat to run in the recall election.

Two weeks after winning the May 7 recall election, Kleinjans said he was blindsided by MSU when management told him his employment was in jeopardy.

Read More: Was Ottawa County's newest commissioner punished for running?

MSU did not have “a non-discriminatory reason to fire” Kleinjans and “have merely capitulated to the OI majority,” according to the lawsuit filed by Kleinjans’ attorney, Sarah Riley-Howard.

Kleinjans said he relied on many conversations since summer 2023 with his managers about his possible candidacy, which couldn’t be confirmed until after the county clerk’s office finalized the special election for the May ballot on Nov. 27.

“When I knew I was going to be a candidate against one of their commissioners, I was terrified and wanted advice from my supervisors,” Kleinjans said.

Testimony taken at hearing

During testimony Friday, Kleinjans said he was concerned that MSU Extension’s contract — often referred to as a “memorandum of understanding” (MOU) or “memorandum of agreement” (MOA) — with Ottawa County hadn’t been approved, despite getting cleared by the county commission’s OI-controlled Finance & Administration subcommittee on Nov. 7.

The committee unanimously approved the contract to continue Extension’s services through fiscal year 2024, which began last Oct. 1 and will end this upcoming Sept. 30 for $272,572. In the contract, the county agrees to provide office space, utilities, clerical support and funding for an Extension educator, which covers the 4-H programming coordinator in the county.

Kleinjans said he thought his candidacy would be announced after the new year, but was informed by the clerk’s office that once the recall election was certified for May, the county Democrats had 10 days to announce their candidate and file the respective paperwork.

When the announcement was made on Dec. 6, the contract with MSU still hadn’t been approved by the full board of commissioners.

“I was terribly concerned at this point,” Kleinjans testified Friday. “I knew exactly how the board of commissioners would react. They would take it out on who I was working for. The chair would take Mr. Kelly and Mr. Korpak to the carpet for that.”

Kleinjans was referring to M. Scott Korpak, the new District 7 director, who was learning the ropes with then-interim director James Kelly. The two directors were scheduled to meet with board Chair Joe Moss, Ottawa Impact’s founder and president, along with OI Commissioner Allison Miedema on Dec. 7 — one day after Kleinjans’ candidacy was publicly announced.

“The intent of the meeting initially was to provide some information to Commissioner Miedema about Extension programs, because she's the extension liaison from the Board of Commissioners,” Associate Director of the Extension’s field operations Matt Shane told Kleinjans in a Nov. 27 audio recording that was submitted into evidence on Friday.

The conversation soon pivoted, however, to Kleinjans and his work with Extension and in the county.

“Throughout the course of the conversation, obviously it shifted a little bit to some of our work with Ottawa Food in particular, and your role with them, and … your membership on the board, and those things,” Shane tells Kleinjans on the recording. “So that was all discussed and addressed in fairly generic terms. [They] talked about … you stepping down from that board and separating from those responsibilities.”

Read More: Ottawa County commissioner files federal lawsuit against MSU Extension for wrongful termination

Shane explained in the recording that Kelly and Korpak told Moss and Miedema that Kleinjans was in compliance with university policies in terms of the school’s employment handbook.

“They don't necessarily agree with our university policies around you being able to perform your job responsibilities in a mutual fashion and campaign for a board seat at the same time, but we explained that those two things are done separately — that you have rights as a private citizen and a resident of Ottawa County to run for that seat,” Shane tells Kleinjans on Nov. 27. “They don't like it, they don't agree with it, but nonetheless, it is what it is.”

Moss has not returned several requests for comment in relation to the Kleinjans v. MSU lawsuit.

Both Shane and Korpak testified at Friday’s hearing.

Korpak said Friday it was unusual for Extension’s annual contract renewal to not be approved by December. In previous years, it was fully approved no later than October (Oct. 26 in 2021 and Oct. 25 in 2022).

“It was odd that the Finance & Administration approved it and that it was pulled from the consent agenda,” Korpak testified Friday.

He noted that the contract was pulled from consideration of the board of commissioners one day after local media outlet FOX-17 reported Nov. 13 that Ottawa Food was suspending its operations after the OI-controlled board cut the health department’s health budget which led to the elimination of a county-funded food coordinator.

At the time, Kleinjans sat on Ottawa Food’s Advisory Board and helped draft a press release for the collaboration of over 45 local agencies that helps populations with food insecurities. He said politics didn’t factor into his involvement with the announcement.

“No one had experience in drafting press releases, so I volunteered to do it,” he said.

Kleinjans’ attorney, Sarah Riley-Howard, asked Korpak if he and Kelly planned to use the Dec. 7 meeting with Moss and Miedema to inquire about the status of Extension’s contract.

“We were curious, yes,” Korpak testified.

When asked how he interpreted Moss addressing Kleinjans’ employment, Korpak said: “You could characterize it as a veiled threat … of concern with Christian’s involvement in the recall process. … They were unhappy about his political activity.”

Read More: Emails: Ottawa Board Chair requested political rival's employment be reassigned

Korpak also testified that it was the second instance that Moss brought up “concerns” about Kleinjans, the first being in the lobby of the county’s administration building in West Olive prior to the board’s Nov. 21 meeting.

“He shared his concerns about Christian’s efforts against Ms. Ebel,” Korpak said of the Nov. 21 conversation.

“Because he’s a Democrat?” Howard asked.

“Yes, among other concerns,” Korpak replied.

Korpak testified that both he and Kelly, who was not present at Friday’s hearing, were noncommittal to Moss’ requests.

“We saw it as an unfortunate and improper meeting,” he said of the Dec. 7 conversation. “We made it clear we were confused about their request and pulling the MOU (from board consideration).

“They were asking us to do something we didn’t have the authority to do,” Korpak testified. “We’re not in a position to give you a definitive no.”

Korpak said he and Kelly left the Dec. 7 meeting telling Moss that an answer would come from MSU’s leadership.

The communications with Moss and Extension then continued through emails.

“You mentioned wanting to better understand the types of information one of your employees was posting publicly on social media. You state that your team at MSU Extension are strictly non-political, and do not use their position of authority for personal or political reasons,” Moss wrote to Kelly and Korpak on Dec. 15.

The emails were obtained via a Freedom of Information Act request to MSU from SentinelLeach.

Moss went on to write in the email that several of Kleinjans’ social media posts around in December 2023 were “false and inflammatory” because they said, among other things that “children in District 2 are going to go hungry bc (sic) Ottawa Food will be eliminated” and that “District 2 families that are struggling will lose access to dental care for their children.”

Since suspending operations in November, Ottawa Food has yet to resume. In March, the collaborative announced it was suspending Senior Project Fresh, a popular service that helps older adults eat healthier as they age.

“Unfortunately, due to cuts to the health department's budget and the resulting loss of staff, OCDPH is unable to provide the Senior Project Fresh program for residents in 2024. We apologize for this inconvenience," Ottawa Food announced on March 28.

Kelly responded to Moss saying the university couldn’t accommodate his requests relating to transferring Kleinjans out of Ottawa County.

“Our Extension leadership and university counsel reviewed your request to have us relocate Christian, and have determined that we are unable to implement requests that would violate an employee's rights to participate in political activities outside of their workdays and hours,” Kelly wrote in an email to Moss on Jan. 5.

“There are multiple employee rights that we believe this action would potentially infringe,” he wrote, listing:

“1. First Amendment — Because we are a governmental employer, staff have protection related to what they say as a private citizen about a matter of public concern.

2. Political persuasion — Taking action because of staffs (sic) political persuasion is prohibited under the Anti-Discrimination Policy (The claim might be that MSU gave in to demands by a group who was anti-Democrat).

3. Off-duty conduct/invasion of privacy — There is no employment policy that permits us to take this adverse action against an employee because of conduct that had nothing to do with his employment and on the basis of conduct that was separate from work on his own private time.”

The action could be a violation of the Ottawa County Board of Commissioners’ bylaws, which state: “The authority of the Board is a collective one, and according to state law, no individual Member can assume any action, decision or endeavor on behalf of or in lieu of Board action. (MCL 46.11)”

Korpak testified Friday that one of his main priorities during the exchanges with Moss was protecting Kleinjans’ civil rights to campaign for office.

“We did things by the book,” he said.

Kelly reached out to Moss again in January after SentinelLeach, who then worked at The Holland Sentinel, asked MSU Extension for an interview on why the school’s contract had not yet been approved — after the issue came up several times during board meetings.

Kelly urged Moss to approve the contract so the dispute wouldn’t be publicized in the media.

“Hi Joe. It seems the issue of our delayed contract becoming a more public issue is on the verge of breaking out. We had a request from the Holland Sentinel to provide some insight as to why our contract was being delayed. They referenced in their email both the connection with Ottawa Food and the connection to Christian's candidacy as the potential reason for the delay,” Kelly wrote to Moss on Jan. 8. “I would love to be able to respond to that request saying that the contract is due to be on the upcoming agenda and that we do not anticipate any issues at this point.

“We will hold off on responding to The Sentinel but would like to send them a positive response as soon as possible. Please let me know if there has been any developments, one way or the other, as soon as possible.”

During testimony Friday, Korpak said: “We wanted Mr. Moss to understand that his actions would affect his future.”

Shortly after the Jan. 8 email was sent, Moss responded, saying “the contract is slated for the next board agenda.”

It was finally approved by commissioners on Jan. 16.

Office space possibly at risk

In a Dec. 14 internal Extension meeting, Shane told Kleinjans about the Dec. 7 meeting between Moss, Miedema, Kelly and Korpak.

Shane told Kleinjans that Moss insinuated that the Extension’s office space in the county would be in jeopardy.

“There was also some mention in that meeting about how highly desirable our Ottawa County MSU Extension space is in that building, and that there are other departments that certainly would benefit from having access to that space as they look at restructuring some of their other departments and forming other departments and offices within the county,” Shane told Kleinjans on an audio recording of the Dec. 14 meeting, which was entered into evidence Friday.

“They're sort of holding up our MOA and relationship with Ottawa County government while you're continuing to work as an MSU Extension employee in Ottawa County and running a campaign at the same time,” Shane says on the recording.

On Friday, Korpak said Extension has been asked to evaluate its space needs; Miedema has inquired on the status of the county’s space needs assessment of new facilities management Director Cameron Bricker as recently as July.

Korpak testified that Extension needs to give an assessment of its space needs by the end of August to the county.

When Howard asked him if he was aware that Bricker was an affiliate of Ottawa Impact, Korpak said: “I’ve heard that, but I’m not aware.”

Korpak said the space needs assessment was “not a conversation of imminent removal. The only time I felt that way was the meeting with Mr. Moss in December.”

Bricker is a relative of Matt and Meshawn Maddock, who have been connected to several controversial hires in Ottawa County, including executive aide Jordan Epperson and Deputy Administrator Ben Wetmore.

Meshawn Maddock is the former MIGOP co-chair who is currently fighting eight felony charges stemming from her participation in an alleged scheme to replace Michigan’s electoral college representatives with a slate of Republicans to subvert the 2020 presidential election. She has denied any wrongdoing.

Most recently, the Maddocks’ political action committee, Michigan Trump Republicans, insinuated in social media posts just before the August primary that OI-backed candidates such as Rachel Atwood — who serves as Matt Maddock’s legislative aide — had the backing of former President Donald J. Trump in her failed bid to become an Ottawa County commissioner.

A dispute over who knew what, when

The main conflict between Kleinjans and Extension is the commissioner claims that despite having several in-depth conversations with his immediate supervisors regarding his possible, then imminent candidacy, he was never told that if he were elected, he would not be able to continue to work for the school.

Kleinjans pointed to a meeting he had with Erin Moore, assistant director of MSU Health and Nutrition Institute, and Stephanie Marino, supervising and staff development educator, on Nov. 27 when he told them he had been informed that he was selected by the county Democrats to run.

He said the Extension’s employee handbook instructed him to inform his supervisors.

“As soon as possible, you need to let your supervisor know and I wanted to make sure my read was correct,” Kleinjans testified Friday on interpreting what was and wasn’t permitted in terms of political activity.

Although Kleinjans’ position was funded through the U.S. Department of Agriculture’s Supplemental Nutrition Assistance Program, he said he realized that voting on issues pertaining to MSU and its relationship with the county could have the appearance of impropriety.

“Erin said if this goes all the way through, I would need to abstain from votes relating to MSU. that was known. Even though I don’t get paid from them. That was an ethics piece that was known to me,” Kleinjans testified.

On Friday, three conversations Kleinjans recorded with Extension leadership were entered into evidence: the Nov. 27 meeting with Moore and Marino and two meetings led by Shane on Dec. 14 and May 23.

On the Nov. 27 recording, Moore told Kleinjans that there were bigger concerns about Extension’s contract in relation to his candidacy and what consequences would arise if commissioners didn’t approve the budget.

“I do want to put on the table in front of you, just so that you have a very clear picture of what happens if this budget does not pass,” Moore says in the recording. “This could … really scare your colleagues: If that budget does not pass, we no longer have an office in Ottawa County. We no longer function as Extension in Ottawa County. Three people are directly funded through our budget and … it is possible that jobs could be lost.”

Moore characterized the political climate as “dire” regardless of whether Kleinjans pursued the elected office.

“If this were any other county, any other part of the state, where it was just a little less contentious, we wouldn't be talking about us being defunded because of your interaction with politics,” she tells Kleinjans on the recording. “But that is our reality right now … is that there is a vengeance-type of relationship that this board has with the only power that they have with this money, and that is to defund those that are ‘against them.’”

On Friday, Kleinjans testified that during the Nov. 27 meeting, Moore conveyed longstanding concerns regardless of whether or not the contract cleared the board.

“They’re vindictive and they don’t have a problem going after people they perceive as enemies,” he said of his summation of Moore’s comments that day.

“Whoever controls the board, controls MSU Extension,” she said on the recording.

Moore did not appear for Friday’s hearing claiming an unavoidable medical appointment.

In contrast, Korpak and Kelly claim Kleinjans was told explicitly of the conflict of dual roles in a meeting they had with him Dec. 5 that included Moore.

Korpak testified that the meeting covered the differentiation between “running and serving.” Although he was unclear about whether the Incompatible Offices Act was mentioned during that meeting, he asserted that the topic was covered.

“I’m certain of that,” he said Friday.

In MSU’s response to the lawsuit, the school said the decision to fire Kleinjans “was premised entirely on concerns relating to potential conflicts of interest” and compliance with the Incompatible Public Offices Act, which regulates how many and what type of roles public officers or employees may hold.

Kleinjans confirmed the meeting took place on Dec. 5, but that it covered topics about his campaign activity — not the eventuality of what elected office would mean.

“The discussions were all about the campaign. It was all about the now, not about the maybe,” he said. “I was told I could go ahead and campaign, so I assumed it did,” he said when asked if he believed he was compliant with MSU policies. “That was the last I heard.”

When asked when he first learned about the conflict MSU had with the dual roles, Kleinjans said it wasn’t until May.

“I was told this fell under the Incompatible Offices Act. That was the first time I ever heard that statement,” he testified Friday.

Kleinjans said he even took proactive steps with the community partners he worked with as a nutritional instructor to make sure he could continue to accommodate their scheduling needs while simultaneously serving as a commissioner.

“We agreed to find a way to make it work,” he said in summary of those conversations.

MSU attorney Matthew R. Daniels asked Kleinjans why he didn’t record the Dec. 5 meeting, despite the other three recordings he offered as evidence. Kleinjans said he thought he recorded it and inadvertently started the recording at the conclusion of the meeting, resulting in “127 hours of my phone recording nothing.”

Daniels characterized it as “convenient” that despite the other three recordings, the only one missing is the one that would refute Kleinjans’ claims that he was never informed of the incompatibility concerns.

Howard fired back saying if the Dec. 5 meeting included the eventuality of her client possibly losing his position — after they claim to have consulted with MSU human resources and legal advice — then there would have been electronic or written communication over the course of the next five months prior to his dismissal.

Of note, in the Dec. 14 meeting audio recording that Shane had with Kleinjans, he didn’t reference the meeting nine days earlier nor did he note that Kleinjans had been informed about the policy.

In the Dec. 14 meeting, Shane told Kleinjans that he had the support of the Extension leadership and was not at risk of an employment change.

“Our stance is our stance,” he said on the December recording. “From the beginning, we have these policies in place for a reason. We are adhering to those policies. As long as you adhere to the guidelines that we've put in place for you, you're not in violation of those policies, we do not plan to change our stance on the work that you're doing. We're not planning to relocate you to another county. We're not planning to change your work responsibilities in any way other than what we've already asked you to do, in terms of not wearing logo wear.”

When Howard asked why there was no written documentation of notifying her client of possible termination — and why a legal opinion from the attorney general’s office was never sought — Shane said he had no knowledge of what MSU’s attorneys and human resources staff did in relation to Kleinjans’ employment.

Korpak acknowledged that Kleinjans filed two separate grievances on May 31 and June 1, although he said he didn’t know the status of either.

Korpak said he was surprised by the response from MSU’s human resources and legal staff, which said it was fine to terminate the employee and process the grievances afterward.

“That was not my understanding, but that’s what they said to do,” Korpak said Friday.

When asked why he didn’t respond to either internal appeal that Kleinjans filed for the school to reconsider the decision, he said that wasn’t under his responsibility.

“I fulfilled my role,” he said. “I don’t know if they responded.”

Kleinjans last day with Extension was June 4.

Does it matter?

Despite acknowledging the political pressure from Moss, Daniels said there is no correlation between Kleinjans’ dismissal in June and what happened at the end of the year with the board.

“Why would MSU defend your right to campaign, get the MOU approved and then retaliate?” Daniels asked.

“I don’t know,” Kleinjans said. “I’m not clairvoyant.”

Daniels also noted that both Korpak and Shane testified that they had no communication with Moss or the county after the contract was approved in January.

Korpak testified that despite Moore’s concerns, Shane “did not demonstrate to my understanding a concern about” the deterioration of the relationship between Extension and MSU.

He admitted that throughout the campaign process, Kleinjans was “considerate and conscientious about the activities of his campaign.”

Shane testified that, although Extension had concerns about Kleinjans’ candidacy, “that wouldn’t be the end of the world.”

He cited that “we’ve been in this position before” and that, if necessary, “we would pull back services and staff could be laid off” in the county.

Read More: Ottawa commissioner asks judge to reinstate him to MSU Extension post, expedite hearing

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Howard pointed out that Shane lived on the east side of the state and that Moore lived on the west side and therefore was more attuned to the political implications, which Shane acknowledged.

When asked if it was “fair to say concerns about political retribution are not unfounded,” Shane said that would be “correct.”

“It’s fair to say it’s been difficult to deal with the Ottawa County Board of Commissioners?” Howard asked.

“At times, yes,” Shane replied.

However, he denied that the decision to fire Kleinjans was tied to political activity or affiliation.

Kleinjans intimated that his success in the recall election led to his firing: “It was seen as a referendum on the style of government Ottawa Impact was trying to bring to Ottawa County.”

Howard said there is some indication that Moss and his Ottawa Impact proxies attempted to influence Kleinjans’ employment long after the January approval of the contract.

Korpak testified that after Kleinjans was elected — but before the firing — he received an inquiry from Dan Winiarski, a vocal OI supporter who also is a member of the OI-controlled county GOP’s executive committee.

Korpak said he was concerned enough to notify Kleinjans of the communication, even though he never responded.

“I thought it was odd,” Korpak said. “An email out of nowhere with no explanation. I thought it would be courteous to let Christian know.”

During his testimony, Kleinjans also noted he received an email on June 6 from Interim Administrator Jon Anderson, who was appointed by Moss in April after previous administrator John Gibbs was fired in February.

The appointment was controversial because Anderson already had filed to run for county sheriff, prompting critics to claim at several public meetings that the decision was intended to elevate Anderson’s profile to better his election chances. Anderson lost to Undersheriff Eric DeBoer in the Aug. 6 primary by 20 points.

“I had a reminder from my notes to check with you about your position with MSU. I do not have any personal knowledge about a potential conflict of interest, but I recall there was a question about a potential conflict when you were elected,” Anderson wrote to Kleinjans on June 6.

Kleinjans said that underscored his suspicion of possible political meddling because he had never interacted with Anderson at that point.

In closing arguments, Howard said there was a strong inference that Ottawa Impact still “poses a concerning threat of retaliation against MSU Extension.”

“They were influenced by the fact that their lives were made easier if they found a reason to not have him around anymore,” she said. “I think what really happened here is they were hoping Mr. Kleinjans would lose and they wouldn’t have to worry about it and that they would placate the board,” noting that the school was under “a tremendous and unusual amount of pressure.”

Daniels said the issue boils down to the protection of Kleinjans’ speech versus adverse action to his employment.

He said even if the judge found that MSU misconstrued the Incompatible Offices Act, “they still haven’t retaliated against him for his speech.”

“The Ottawa Impact majority was probably vengeful,” Daniels said. “We don’t dispute that. We acknowledge that. We were threatened.”

However, Kleinjans knew the consequences of his decisions, Daniels said.

“The university didn’t just spring this on him,” he said.

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What happens next

The purpose of the evidentiary hearing was for Federal Judge Hala Y. Jarbou to consider Kleinjans’ request for a preliminary injunction to restore him back to his position and award him back pay.

Jarbou, a 2020 Trump appointee, adjourned the hearing Friday, saying she needed to review the audio recordings and testimony before rendering a decision on the preliminary injunction request.

She set a hearing date of Friday, Aug. 16, in Lansing, but said it was possible that she could issue a decision electronically to the attorneys prior to that date.

— Contact Sarah Leach at SentinelLeach@gmail.com. Follow her on Twitter @SentinelLeach. Subscribe to her content at sentinelleach.substack.com.