Whitmer asked me to resign, says ex-Michigan health department director Robert Gordon

The former leader of Michigan's health department confirmed he resigned after Gov. Gretchen Whitmer told him she wanted to go in a different direction, and it was her office's idea to pursue what became a $155,000 deal that included a confidentiality clause. 

Robert Gordon also said Thursday at the Legislature he thought the governor asked for his resignation after disagreements over how to battle the COVID-19 pandemic, confirming long-standing suspicions that the ex-director of the Department of Health and Human Services butted heads with Whitmer on safety regulations. 

"As you know, the morning that I resigned, we had announced a new order that reopened, effective Feb. 1, certain indoor settings. It's been reported that there was a difference of opinion in the days leading up to that order. From my perspective, it was a reasonable difference," Gordon said. 

"I think this is a difference of opinion that was in a gray area, where I don't think there was a clear-eyed answer. That's why I made one recommendation, we reached another conclusion. I was quite comfortable signing the order." 

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Gordon testified before the House Oversight Committee after lawmakers issued a subpoena. He had previously declined several invitations to appear before the committee, saying he thought policy conversations with the governor needed to remain private in order to maintain the ability to have candid and frank debates. But he complied with the legal request after it was issued last week. 

Gordon said he was asked to meet with the governor virtually on Jan. 22. During the meeting, Gordon said Whitmer told him "it was time to go in a new direction." Then the governor left the meeting, Gordon said. 

At that point, a member of the governor's team asked Gordon whether he wanted to resign, and he agreed. Gordon said he was told he could reach out to the office of the attorney general to discuss terms related to his departure. 

"I didn't leave the job in the way that I wanted to, but I think I served in the way that I wanted to," Gordon said. 

Asked how Whitmer's decision made him feel, Gordon acknowledged it was a blow. 

"I'll be honest, representative, I did not feel great in the moment. I did not feel great for a while after ... so initially, it didn't make me feel great," Gordon said. 

"When I reflect and when I think back on my service, I am very proud of my service. I have no regrets about serving Gov. Whitmer. I have no regrets about the advice I gave." 

The governor did not initially thank Gordon for his service publicly after the resignation, but eventually issued a statement expressing appreciation for his work. 

On Thursday, a Whitmer spokesman again thanked Gordon for his service but did not answer several specific questions about Gordon's testimony. 

“Mr. Gordon and his team were an important part of our COVID-19 response, which has undoubtedly saved countless lives. He offered his resignation, and the governor accepted it," said Whitmer press secretary Bobby Leddy.

"We appreciate Mr. Gordon’s service to the state of Michigan, and look forward to building upon that progress as we work to vaccinate at least 70% of Michiganders, so we can all get back to normal.”

Republican lawmakers largely opposed Gordon's approach to fighting the pandemic during his tenure atop the health department. But they rallied to his cause — and seized on a political opportunity — after the Free Press and others reported Gordon received a payout through a separation agreement that also involved a confidentiality clause. 

Committee Chairman Steven Johnson, R-Wayland, repeatedly argued Thursday that he believes the $155,000 agreement violated the state Constitution.

"It looks like a sweetheart deal to a lot of us," Johnson said.

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After Gordon confirmed he had no plans to sue the state, he pointed to a specific portion of the Constitution. 

That portion states, "Neither the Legislature nor any political subdivision of this state shall grant or authorize extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into." 

Gordon said the agreement was presented to him by an attorney with the Office of the Michigan Attorney General. He trusted that attorney that the agreement was constitutional. 

Johnson argued that the possible concept of a lawsuit down the road was not enough to justify the payout to Gordon. 

"If we're going to allow that, then we might as well just get rid of that section of the Constitution. Because then any (nondisclosure agreement) can just move over this without any claims brought forward," Johnson said. 

"We have to look at the taxpayers, that's who we represent. And when we look at this deal — this was a month after (Gordon left) — what did the taxpayers get? They lost $155,000, what did they get in return for it? And in this committee hearing, what we were told was, nothing." 

Gordon was asked several times whether he thought the payment was justified. He explained the personal cost of his job, noting his parents were sick and people protested outside of his house. 

"I worked my heart out. And the stakes were enormous. I used to read regularly stories about those who had lost their lives, and it had a big impact on me because every life is sacred," Gordon said. 

"So if you're asking me if the taxpayers got a good deal on my public service, with respect, I believe they did." 

News of other administration officials, including the head of the embattled Unemployment Insurance Agency, receiving similar deals led to outcry from lawmakers and others. Whitmer issued a directive outlining the use of such agreements, but the order would not have prevented the deal she reached with Gordon. 

At the same time, the Legislature also routinely uses separation agreements. In the last decade, the Senate and House have paid out more than $690,000 through more than 30 deals. 

Lawmakers are working to restrict when and how such deals can be used and how much money leaving employees can receive through these agreements. Bills would also ban employers from preventing those who are leaving to discuss the reasons for their departure. 

Contact Dave Boucher: dboucher@freepress.com or 313-938-4591. Follow him on Twitter @Dave_Boucher1.