Troy City Manager Arraigned In Connection To Domestic Assault
CBS News - Detroit
March 10, 2018
https://detroit.cbslocal.com/2018/03/10/troy-city-manager-arraigned-in-connection-to-domestic-assault/
TROY, Mich. (WWJ) – Troy City Manager Brian Kischnick was arraigned Saturday on assault and battery charges in Clawson, according to police.
Kischnick plead not guilty to the charges, according to a release from the Clawson Police Department. Bond was set at $5,000, with no contact with the victim, the release said.
After returning home from dinner, Kischnick allegedly got into an argument with a woman, tackled her to the ground, then pushed her back down when she attempted to get up. The incident took place in the 700 block of S. Chocolay Ave. Friday around 10 p.m., according to the news release.
“The officers determined that a crime of domestic assault and battery had taken place,” the police department said in a release. “The male subject was taken into custody and transported to the Troy Lockup for lodging until his arraignment in the morning.”
According to a story by the Detroit Free Press, Kischnick has been in a little trouble before:
In 2016, the Free Press reported Kischnick came under scrutiny when the Troy City Council hired a labor lawyer to conduct an internal investigation of rumors that he was abusing his position.
Later that year, Troy released a limited public report about Kischnick that outlined:
- He caused a car accident while driving a city car in Clawson.
- He failed to file a mandatory report about it yet had the city pay $1,000 for the other driver’s damages — a bill he later agreed to pay himself.
- He charged the city for personal meals and cellphone accessories he should’ve paid for.
- He often drove a “pool car,” a Jeep Grand Cherokee, while also receiving a $425 monthly allowance for his own car.
- He approved major city purchases that should’ve come to the council for a vote.
But in a slim 4-3 vote, the majority of council members voted at a contentious meeting in late 2016 to block releasing to the public the entirety of labor lawyer’s report of the internal investigation.
Troy Mayor Dane Slater has scheduled a special city council meeting to discuss the matter. It is set for Sunday at 4 p.m.
Troy city manager arrested and charged with domestic assault and battery
ABC News - Detroit
March 10, 2018
Troy City Manager Brian Kischnick has been arrested and charged with domestic assault and battery, police say.
Clawson police officers were dispatched to the 700 block of S. Chocolay on a report of domestic assault in Clawson.
Officers say Kischnick and a woman were returning home from dinner in an Uber on Friday when they got into an argument.
According to police, both of them got out of the Uber and were walking down the sidewalk when witnesses say Kischnick tackled the woman to the ground and when she attempted to get up, she was pushed down forcefully again.
He was taken into custody and arraigned on Saturday. His bond is set at $5,000. Police say the investigation is still ongoing.
Troy Mayor Dane Slater released the following statement:
"Brian Kischnick, City Manager of the City of Troy, was arrested on Friday, March 9, 2018 in the City of Clawson, and charged with Domestic Assault and Battery. Immediately upon receiving notification, the Troy City Council started the process to call a Special City Council meeting for the earliest available time, which is Sunday, March 11, 2018 starting at 4 pm in the City Council Board Room."
Police: Troy city manager arrested, arraigned in connection to domestic assault
Detroit Free Press
March 10, 2018
Troy City Manager Brian Kischnick has been arraigned in connection to a domestic assault and battery in Clawson, police said.
Kischnick was arraigned before a 52-4 District Court magistrate in Troy Saturday morning and a not guilty plea was entered on his behalf, according to a news release from the Clawson Police Department. Bond was set at $5,000, with no contact with the victim, the release said.
Clawson Police declined to release additional information about the arrest, including what the specific charges were in court Saturday. Troy Mayor Dane Slater confirmed Kischnick's arrest in a statement and said he's been charged with domestic assault and battery.
"Immediately upon receiving notification, the Troy City Council started the process to call a Special City Council meeting," Slater said via text message, adding the meeting will be held at 4 p.m. Sunday.
A message seeking comment was left at a phone number listed online for Kischnick, as well as a phone number included for him in a city council agenda packet.
According to the news release, Clawson Police were dispatched to the 700 block of S. Chocolay after receiving a call around 10 p.m. Friday about a domestic assault involving a man who pushed a woman to the ground.
The man and the woman were returning home from dinner in an Uber vehicle when they got into an argument while on the way to the S. Chocolay address, according to the release. The pair got out of the vehicle and were walking down the sidewalk when two witnesses reported seeing the man tackle the unnamed woman to the ground. When she attempted to get up, she was pushed down forcefully again, the release said.
"The officers determined that a crime of domestic assault and battery had taken place," the police department said in a release. "The male subject was taken into custody and transported to the Troy Lockup for lodging until his arraignment in the morning."
In 2016, the Free Press reported Kischnick came under scrutiny when the Troy City Council hired a labor lawyer to conduct an internal investigation of rumors that he was abusing his position.
Later that year, Troy released a limited public report about Kischnick that outlined:
- He caused a car accident while driving a city car in Clawson.
- He failed to file a mandatory report about it yet had the city pay $1,000 for the other driver's damages — a bill he later agreed to pay himself.
- He charged the city for personal meals and cellphone accessories he should've paid for.
- He often drove a "pool car," a Jeep Grand Cherokee, while also receiving a $425 monthly allowance for his own car.
- He approved major city purchases that should've come to the council for a vote.
But in a slim 4-3 vote, the majority of council members voted at a contentious meeting in late 2016 to block releasing to the public the entirety of labor lawyer's report of the internal investigation.
The council members who voted in favor of blocking the release said at the time the investigation was a confidential document, citing attorney-client privilege, the tradition of secrecy allowed between lawyer and customer.
Troy city manager charged after allegedly assaulting woman in Clawson
Brian Michael Kischnick allegedly tackled woman
Click On Detroit
March 10, 2018
TROY, Mich. – The Troy city manager is facing charges after he allegedly assaulted a woman Friday night in Clawson.
Brian Michael Kischnick was charged Saturday in connection with the incident.
Police said a call was received about 10:21 p.m. about a man pushing a woman to the ground in the 700 block of South Chocolay Avenue. Officers arrived and saw a crowd of people.
After interviewing Kischnick, the woman involved and witnesses, police determined that at about 10 p.m. Kischnick and the woman were returning home from dinner in an Uber. They got into an argument and Kischnick allegedly tackled the woman to the ground and pushed her down when she attempted to get up, police said.
Officers determined that domestic assault and battery had taken place.
South Chocolay Avenue is a quiet, tight-knit neighborhood, so resident Richard Pingle said he wasn't expecting to see what he did Friday night.
"I jumped up, looked out the window. I seen what looked like a girl or whatever getting up off the ground. The one man I know from the other street said he just face slammed her in the ground," Pingle said. "There's no man on this street that's going to tolerate this. Everybody needs to know that."
Pingle and a group of other guys confronted Kischnick.
"I stepped between him and the car. I said, 'You're not going anywhere. You're staying here until the police get here. What you've done here already is enough embarrassment, enough problems, so we don't want you back in the neighborhood,'" Pingle said.
He also doesn't want Kischnick back on the job.
"Is he a leader? Do you call that leadership? Is this the kind of people we want in our government running our cities?" Pingle asked.
Sources said the woman involved in the incident works in Kischnick's office.
A not guilty plea was entered for Kischnick. Personal bond was set in the amount of $5,000 and he was ordered to have no contact with the victim.
"We pray for her. We do, every one of us care about her," Pingle said. "She's actually a good girl, just caught up in some stuff. Love does some strange things."
In a statement, Troy Mayor Dane M. Slater said a special city council meeting is planned for Sunday:
"Brian Kischnick, city manager of the city of Troy, was arrested on Friday, March 9, 2018 in the City of Clawson, and charged with domestic assault and battery. Immediately upon receiving notification, the Troy City Council started the process to call a special city council meeting for the earliest available time, which is Sunday, March 11, 2018 starting at 4 p.m. in the City Council Board Room."
Council Votes To Fire Troy City Manager Amid Allegations Of Domestic Assault
CBS News - Detroit
March 11, 2018
TROY (WWJ) – City Manager Brian Kischnick voted out of office Sunday during a special meeting held by Troy City Council.
In a show of unity — the city council voted unanimously to fire Kischnick who was charged Friday with domestic assault and battery.
Mark Miller, director of Economic and Community Development, is now acting City Manager:
Mayor Dan Slater announcing the temporary assignment of Miller:
“Mark has held that position in the past, is probably first on the seniority list in that regard and Mark, I have confidence in you that you will take us forward until we make a permanent appointment,” said Slater said somberly.
Kishnick allegedly got into an argument with a woman while in Clawson, tackled her to the ground, then pushed her back down when she attempted to get up.
The city manager position is made by appointment of the mayor and city council — Kischnick was hired in 2012 — with an annual salary of just over $158,000.
Troy city manager terminated following domestic violence charges
ABC News
March 11, 2018
The Troy city manager is fired after an emergency council meeting amid domestic assault allegations.
Former Troy City Manager, Brian Kischnick was arrested Friday night in Clawson and he’s been charged with domestic assault.
On Friday night, after dinner an Uber ride with a woman, neighbors said they saw him tackle the woman to the ground. Clawson police responded and took Kischnick into custody.
Sunday, the city council met to determine his fate with the city.
Councilors voted unanimously to terminate Kischnick after they held a closed door session.
Many Troy residents attended to see if the city would take action.
"I would like to hold them to higher level of standard of ethics, accountability if this is my city, I am the person who voted them into those seats and I'm going to hold them accountable,” said longtime Troy resident, Michelle Pallas.
Pallas and other residents in attendance were angry about the accusations, along with a previous disciplinary action the city took against Kischnick and has kept sealed since 2016.
"We need to address the fact that he had this relationship with the woman who worked under him. I mean come on, let's not pretend this isn't going on,” said Pallas.
Many residents tell 7 Action News, the woman is Kischnick’s assistant, but city leaders will not confirm her identity.
Kischnick was not present but he did submit a handwritten letter to the council where he proclaimed his innocence.
7 Action News transcribed the letter:
To Troy City Council: March 11, 2018
As you are aware, on the night of March 9, 2018 at approximately 9:30/10:00 p.m. I was arrested by the Clawson Police resulting from an altercation with a friend.
I want to make it clear that this letter is in no way intended to be a statement of influence. To the contrary. I am extremely sorry and remorseful for the events and the position in which I have put you as individuals and council members the employer of me.
The significant events should be known and communicated. After a small group ate dinner, as a matter of practice, we utilized an Uber to take us back to our destination.
Midway home, my friend became angry so I asked the Uber driver to stop and let me out of the van to remove me from the situation and avoid conflict. She got out of the Uber about 1-2 blocks west and started walked toward me and was still confrontational as the situation escalated, I attempted to calm her down, diffused the situation, defend myself and prevent harm to her and I.
As we continued toward our destination, I was holding her to protect us and get there safely. We fell to the ground at least two times.
The fact is I never hit her, abused her, threw her to the groung or harmed her. I was only trying to calm her down and make sure she arrived home safely.
Her own verbal comments to the Clawson PD at the scene were: “She was not hurt, I did not hurt her and I would never hurt her.” She continued to enforce these statements and verbalized she would not press charges as it was a situation between us where she was not hurt in any way.
There is a complete misunderstanding of the events by others who were neither involved or witnessed the series of events that took place before we arrived near our destination.
It is without question that I would neither hurt a female, never have nor would I cause harm to her. I am confident she will corroborate the facts I have presented and the comments at the scene that she was not harmed in any way.
Fortunately, there was no physical harm to either of us.
Sincerely,
Brian M. Kischnick
The Troy City Council also voted to appoint Mark Miller, the Director of Economic Community Development, in as interim city manager.
Troy City Council fires manager after arrest on domestic assault charge
Detroit Free Press
March 11, 2018
Since-fired Troy City Manager Brian Kischnick said that incident Friday night in Clawson, as reported, is 'complete misunderstanding'
The Troy City Council voted unanimously Sunday to fire City Manager Brian Kischnick after he was charged with domestic assault and battery.
Clawson police arrested Kischnick, who is about 50, after the Friday night incident in which he's accused of tackling a woman near the 700 block of South Chocolay and later pushing her to the ground as she tried to get up.
The public vote to terminate Kischnick came after the Troy council went into private discussion for more than an hour behind closed doors. Mayor Dane Slater would not characterize the discussions but stood by the decision.
“It’s never a good feeling to terminate anyone,” Slater said after the meeting. “but I’m confident we made the right decision.”
Police refused to release the name of the victim in the alleged assault and members of the Troy City Council also declined to comment on the identity of the woman.
But sources confirmed that the alleged victim is a 28-year-old Troy city hall employee. Online records show the employee lives where the incident took place and a man who answered the door at the residence Sunday confirmed she lives there and was involved in the incident.
After Sunday's council vote, Slater handed out copies of a handwritten statement signed by Kischnick.
In the statement, Kischnick wrote that he was with a small group at dinner Friday night and decided to take an Uber home. He said a friend in the Uber with him became angry, and Kischnick asked the Uber driver to stop and let him out of the van to remove him from the situation. The friend also got out of the Uber and was confrontational with Kischnick, he said.
“As the situation escalated, I attempted to calm her down, diffuse the situation, defend myself and prevent harm to her and I. As we continued toward our destination, I was holding her to protect us and get there safely. We fell to the ground at least two times. The fact is I never hit her, abused her, threw her to the ground or harmed her. I was only trying to calm her down and make sure she arrived home safely," according to Kischnick's statement.
Kischnick said his friend told the Clawson police officers that Kischnick didn’t hurt her and would never hurt her. Kischnick said she told police that she would not press charges.
“There is a complete misunderstanding of the events by others who were neither involved or witnessed the series of events that took place before we arrived near our destination," he said in the statement. He said the woman will corroborate the facts that he presented.
Tom McGraw, a labor attorney for the City of Troy, advised Slater to not answer detailed questions about the incident, saying the city had not yet seen Clawson police reports.
A handful of Troy residents expressed their displeasure during the meeting with the council for not taking earlier action against Kischnick. The city manager was the subject of a 2016 internal investigation that found he failed to report a car crash involving a city car in Clawson and also approved major purchases that should have come for a vote before city council, among other issues.
“I thought it was essential that council take quick action, which I applaud,” said resident Aaron Green, 34.
Green, who said he deplores violence against women, joined with others in urging city leaders to release an earlier internal report on the 2016 investigation.
During Sunday's special city council meeting, Slater moved to appoint Troy’s director of Economic and Community Development, Mark Miller, to temporarily fill the city manager position.
Troy city manager terminated following domestic violence charges
ABC News - Detroit
Mar 12, 2018
https://www.youtube.com/watch?v=eKtVJuJimzU
"If you touch me, I will kill you," said Christopher Berak in a chilling
The Troy city manager is fired after an emergency council meeting amid domestic assault allegations. Former Troy City Manager, Brian Kischnick was arrested Friday night in Clawson and he’s been charged with domestic assault.
Troy city manager Brian Kischnick fired after domestic violence arrest
FOX 2 News
March 12, 2018
TROY, Mich. (WJBK) - Troy City Manager Brian Kischnick was arrested then arraigned over the weekend for allegedly assaulting a woman. The Troy City Council held an emergency meeting on Sunday to figure out how to best handle the sensitive situation, and voted unanimously to fire him.
Police say Kischnick and the woman got into a verbal fight and then a physical one on a sidewalk in Clawson after a night out on Friday. Witnesses described seeing Kicshnick tackle the woman to the ground, and then push her back down when she tried to get up.
Residents who attended Sunday's meeting say they don't want this associated with their city.
This isn't the first time Kischnick, who's been city manager for the last five years, has been under fire. Back in 2016 he was investigated after failing to file the appropiate paperwork following an accident in a city car. There's also been some concerns over his car stipend, and other food and phone expenses.
In a handwritten letter to the Council that was shared on Sunday, Kiscnick apologized for his actions saying, "I am extremely sorry and remorseful for the events and the position in which I have put you in."
Kischnick went on to say, "I never hit her, abused her, threw her to the ground or harmed her. I was only trying to calm her down."
A judge however will have the final say. He's facing a domestic assault and battery charge.
"This shows that the people who commit these crimes, if they're allowed to get away with it apparently, that it can escalate into full-on violent, criminal behavior. This is why he should have been fired before, and, this has to stop," says resident Kim Moon. "The council members and mayor who voted to keep him here should be held accountable, too. They shouldn't keep their jobs."
Kischnick did plead not guilty to the charge, and has been released on a $5,000 bond.
We're told the Director of Economic and Community Development is now acting as the City Manager.
Ex-Troy city manager jailed for violating court order in domestic assault case
Detroit Free Press
March 27, 2018
Former Troy City Manager Brian Kischnick was ordered jailed on $5,000 cash or surety bond Tuesday after admitting he violated a court order twice, by calling the woman he's charged with assaulting.
Kischnick, 50, had been free on personal bond after being charged with assault and battery for a March 11 altercation with his girlfriend in Clawson. The bond condition required him to have no contact with the woman, who sources say is a 28-year-old Troy city hall employee, while the case is pending.
"I was contacting her to see if everyone was all right, to see if I was all right and to see if she remembers what happened," Kischnick told Clarkston District Judge Kelley Kostin on Tuesday afternoon.
Kischnick apologized to the judge, who wasn't interested in hearing it.
"Apologies don't belong here," Kostin said. "You are supposed to follow the court's orders. The reason you are not incarcerated is that you're released on bond."
Kostin upped Kischnick's bond to $5,000 cash or surety and asked him whether he had the money with him. He said no.
"Then you're going to go with the deputy," Kostin said, as a court deputy placed handcuffs on Kischnick.
Late Tuesday, Kischnick was trying to post the money and avoid going to jail.
"It won't happen again," Kischnick said.
"I don't know that," Kostin said.
She also sentenced him to 30 days in the Oakland County Jail, though she agreed to hold it in abeyance if he continues to follow court orders. If he contacts the woman again, he'll serve the 30 days, Kostin said.
Clawson City Attorney Renis Nushaj said Kischnick placed the calls from a someone else's cell phone after he'd been ordered not to contact the victim. He gave the judge a police report detailing the calls.
Clawson Police arrested Kischnick, of Troy about 10 p.m. March 9. Police said they were dispatched to the 700 block of South Chocolay after receiving a call about a domestic assault involving a man who pushed a woman to the ground.
Witnesses told police they saw Kischnick tackle a woman and slam her to the ground, according to police reports released to the Free Press on Tuesday under the Freedom of Information Act.
Kischnick, for his part, told Clawson police a different story. He said that he and the woman argued during a walk, that she was intoxicated and kept falling down and that he was trying to keep her steady on her feet.
Police redacted the woman's name and other personal information from the reports, but noted the woman was dating Kischnick. The reports said she works for Kischnick and was "afraid to get Kischnick in trouble."
The Troy City Council also declined to comment on the woman's identity after voting unanimously to fire Kischnick on March 11, two days after the alleged incident.
Witnesses told police Kischnick tackled the woman "down face to face" and at another point "grabbed her by the back of the neck and forcefully slammed her down to the ground," according to the police reports.
Police said they found about 10 people in the street and on the sidewalk when they arrived, with one witness saying "there was a male who was beating on his girlfriend." Two witnesses said they were outside their house having a cigarette when they saw the male tackle the female as they walked down the sidewalk.
"(T)he male then helped her up and they advised it was as though he was afraid someone saw what he did," one officer wrote in the reports. "He stated as soon as they made it around the corner the male, 'just buried her,' and motioned like he was pushing someone face first into the ground."
According to the police reports, the woman who "appeared intoxicated and had difficulty standing straight" first told police, "I'm not pressing charges." She stated her boyfriend, Kischnick, "pushed her, but then quickly retracted her story and stated nothing happened," according to the reports.
When police went into the woman's house, they found Kischnick "sitting on a laundry machine very casually." Kischnick told police the two were at Clawson Steakhouse and were in an Uber on the way home when she saw another woman had contacted him on his phone and became upset, according to the reports.
Kischnick stated she began to hit him in the chest with her hand so he got out of the Uber and began walking to her house where his car was parked, followed by the woman. He said they were arguing and she was intoxicated and kept falling down. He said he used her collar to try to pick her up after she fell down and he was trying to keep her steady on her feet, according to the police reports.
The woman refused a breath sample request from police, stating she wasn't driving. Kischnick cooperated with the test, blowing a 0.103, above the legal limit of .08, according to the reports.
The woman was "very upset" over the arrest, became uncontrollable and was running around the street, even lying down in the street, at one point, according to the police reports. She ran back toward her house and slammed the door shut. Her roommate was provided with a victim's rights form to give to her, the reports state.
A witness told police he heard two people arguing near his home and that he heard a glass bottle break, but did not see who had the bottle, then saw the man tackle the woman to the ground. The witnesses followed the couple and one of them said he "watched the suspect throw the woman down repeatedly."
"I asked the two witnesses if the woman could have fallen down due to her obvious level of intoxication and they both expressed that the man was not assisting her up from falling," according to the police reports. "They were crystal clear that the assault was intentional and they were so concerned that they continued to follow the couple."
One written witness statement indicated the man shoved the woman to the ground and said "you did it now." When they approached, the woman was "visibly scared and shaken."
Police took into evidence broken pieces of a glass wine bottle that was found in the roadway with a moderate amount of contents on the pavement.
After the City Council vote to terminate Kischnick earlier this month, Troy Mayor Dean Slater handed out copies of a handwritten statement signed by Kischnick.
“As the situation escalated, I attempted to calm her down, diffuse the situation, defend myself and prevent harm to her and I," Kischnick wrote. "As we continued toward our destination, I was holding her to protect us and get there safely. We fell to the ground at least two times. The fact is I never hit her, abused her, threw her to the ground or harmed her. I was only trying to calm her down and make sure she arrived home safely," according to Kischnick's statement.
“There is a complete misunderstanding of the events by others who were neither involved or witnessed the series of events that took place before we arrived near our destination," he said in the statement. He said the woman will corroborate the facts that he presented.
In 2016, the Free Press reported Kischnick came under scrutiny when the Troy City Council alleging that Kischnick had abused his position in numerous ways so the Troy City Council hired a labor lawyer to conduct an internal investigation of rumors that he was abusing his position.
Later that year, Troy released a limited public report about Kischnick that outlined:
- He caused a car accident while driving a city car in Clawson.
- He failed to file a mandatory report about it yet had the city pay $1,000 for the other driver's damages — a bill he later agreed to pay himself.
- He charged the city for personal meals and cell phone accessories he should've paid for.
- He often drove a "pool car," a Jeep Grand Cherokee, while also receiving a $425 monthly allowance for his own car.
- He approved major city purchases that should've come to the council for a vote.
But in a slim 4-3 vote, the majority of council members voted at a contentious meeting in late 2016 to block releasing to the public the entirety of a labor lawyer's report of the internal investigation.
The council members who voted in favor of blocking the release said at the time the investigation was a confidential document, citing attorney-client privilege, the tradition of secrecy allowed between lawyer and customer.
Former Troy city manager's bond increased after contact with alleged victim in domestic assault case
Brian Michael Kischnick allegedly tackled woman
Click On Detroit
March 27, 2018
TROY, Mich. – The former Troy city manager was in court Tuesday morning for a hearing prior to going to trial after an alleged assault of a woman in Clawson and was led away in handcuffs after the judge raised his bond.
Brian Michael Kischnick was charged with domestic assault and battery. The Troy City Council voted to terminate Kischnick March 11.
Authorities say the incident happened at about 10:30 p.m. March 9 in the 700 block of South Chocolay Avenue. Police were called about a man repeatedly pushing a woman to the ground. Officers said there was a crowd of people at the scene when they arrived.
Police said Kischnick and the woman were returning home from dinner in an Uber when they got into an argument. Kischnick says he got out of the Uber to remove himself from the situation and to "avoid conflict."
Kischnick says the woman caught up to him several blocks later and that they "fell to the ground at least two times."
After interviewing Kischnick, the woman involved and witnesses, police determined that a domestic assault had occurred. Authorities said two independent witnesses reported that Kischnick had tackled the woman to the ground and pushed her down when she attempted to get up.
Sources said the woman involved in the incident works in Kischnick's office.
"There is a complete misunderstanding of the events by others who were neither involved or witnessed the series of events that took place before we arrived near our destination," he said. "It is without question that I would neither hurt a female, never have, nor would I cause harm to her. I am confident she will corroborate the facts I have presented."
A not guilty plea was entered for Kischnick. Personal bond was set in the amount of $5,000 and he was ordered to have no contact with the victim. He told the court Tuesday that he broke the conditions of his bond when he called the victim.
Why did they protect the Troy City Manager??
Keep Troy Strong
Mar 28, 2018
https://www.youtube.com/watch?v=1PlkdKUShH4
If you want to understand how Brian Kischnick was kept on as Troy's city manager, in spite of his unethical behavior, you have to watch this video.
Then go to the Troy City Council meeting on Monday April 9, 7:30pm at Troy City Hall and demand that council #ReleaseTheReport !!!
This is edited down from over an hour's worth of videos. See Troy's YouTube page for the full meetings. #metoo #timesup
As Troy revisits secret report, experts say public's right to know weak in Michigan
Detroit Free Press
April 9, 2018
A do-over of stunning irony awaits Troy City Council on Monday night.
On the agenda is a chance to vote all over again on the same question of transparency as the council faced in 2016 — whether to go public with a secret report about misbehavior by the city manager.
Except for one big change: They’ve fired the city manager.
In August 2016, in a bitterly-debated split, the city council voted 4-3 not to release the confidential report, said to expose numerous ethical and management breaches of then city manager Brian Kischnick. Those who favored keeping it secret said that Kischnick – one of Michigan’s highest-paid city managers, with total compensation worth more than $215,000 a year — deserved another chance. What’s more, they said, he promised to improve.
But Kischnick didn’t improve. After he was arrested last month for an alleged "domestic assault" of a female drinking companion — said by sources to be a 28-year-old city employee — council members didn’t hesitate to cast a unanimous vote: They fired Kischnick, who is 50, with no severance pay.
Since then, his abrupt departure has led some council members and residents in Oakland County's largest city to say that surely now it’s OK to release the report, to clear the air about the controversial ex-boss at city hall. Yet, other residents and other members of the council, including Troy’s mayor, beg to differ — still. They say releasing the report serves no purpose other than to air “dirty laundry” and that it might subject the city to lawsuits.
Troy’s do-over highlights the broad debate across Michigan about transparency in government. For transparency fans, it’s a reminder that Michigan’s public bodies — from local governments and universities to the state Legislature and governor’s office — continue to be ranked among the nation’s worst for lack of openness.
“We’re rated 51 out of the states, in fact, because Washington, D.C., is ranked in there,” said Drew Paterson, a lawyer in Novi and veteran of lawsuits filed under Michigan's Freedom of Information Act.
In Lansing, "the Legislature's had a lot of chances to improve this but they never do," Paterson added.
Those on the other side argue, as they have for years, that the public’s right to know must sometimes take a backseat to the need for leaders to make key decisions in private, especially those involving sensitive personnel issues like Kischnick's peccadilloes. In Michigan, there’s a strong tradition for asserting government secrecy, said Paterson, who has lawsuits seeking documents pending with the city of Detroit and the Michigan State Police.
In Troy, this latest dispute over secrecy has another wrinkle. The confidential report about Kischnick was compiled for the city council by a lawyer. Thus, as Mayor Dane Slater argued at meetings in 2016 and told the Free Press last week, the city council is well within its rights to shield the report from requests made under Michigan’s Freedom of Information Act — better known as FOIA.
Slater, a retired Troy police captain, vigorously defended Kischnick before his arrest. With equal vigor, Slater still defends keeping the report on Kischnick locked up.
“It’s not about what’s in it. It’s the principle” — namely, that information provided by a lawyer can be kept secret at the discretion of the client, which in this case is the entire city council, Slater said.
Just old dirty laundry
“It’s always been that attorney-client privileged documents are attorney-client privileged documents,” he said. Besides, with Kischnick gone, “what would be the purpose” of airing what amounts to the city’s old dirty laundry, he said. In addition, “you’re putting the city in jeopardy” from potential lawsuits by previous and current employees who gave statements for the report while expecting confidentiality, he said.
In strong agreement with Slater are longtime city residents Don and Ida Edmunds. He’s on the planning commission; she was a Troy school board trustee for more than 30 years. Ida Edmunds said she can’t see how releasing the report benefits the city.
“We’re all curious” about most anything kept under wraps, she said. But digging into the report at this point “can’t help Troy,” not with Kischnick gone and the city needing to start a crucial search for his successor, she said.
“All this can do is divide us. That’s happened here before,” she said, citing the noisy contention over Slater’s predecessor, former Tea Party mayor Janice Daniels. Troy voters ousted Daniels in a recall election in 2012.
“To bring all this out, and to have us choose up sides again — no. I’d really like the council to say, ‘Let’s move on.’ There’s no good in knowing what happened a year ago,” Edmunds said.
Others insist that Troy's residents have a right to see the report and that better government will result. In 2016, Councilwoman Ellen Hodorek pleaded with the majority to release the report. Hodorek said she planned to renew that plea Monday night.
Preserving the attorney-client privilege makes no sense when the greater principle is the need for transparency, she said. At the tense council meeting in 2016, the city’s former labor attorney, who compiled the secret report, spoke at the public lectern to say that the city council was within its legal rights to release the document. Moments later, Slater and his allies on the council chastised attorney Craig Lange for addressing them in public.Slater said then that he was “appalled that Mr. Lange came tonight” to speak. He and three others on the council said releasing the report would set a dangerous precedent for disregarding the confidentiality of attorney-client privilege. Hodorek and two others said that night that they strongly disagreed. She's ready for a do-over.
“It was the right decision to release this in 2016, and it’s the right decision now,” she said last week. If anyone is concerned about revealing city employees identified in the report, “we could easily redact names and job titles,” she said.
Courage at city hall
“The whistle blowers in this report are the type of people you want in your city hall, with the guts and commitment to speak up,” she said. In contrast, experts in government ethics say a textbook case in intimidation was the administration of former Detroit mayor Kwame Kilpatrick. His subordinates famously testified in court that they didn’t file complaints about Kilpatrick's corruption and ethics violations for fear of losing their jobs.
Kischnick so seriously damaged morale and trust in Troy City Hall that the report should be released, in part to vindicate those who endured the former boss’s unethical behavior, Hodorek said. Although the report remains secret, the city council did release in 2016 what was labeled a summary of Kischnick’s ethical violations and financial improprieties, in the course of announcing that he would stay on the job. The summary said that Kischnick:
Caused a car accident while driving a city car in Clawson, then failed to file a mandatory report about it yet had the city pay $1,000 for the other driver’s damages — a bill he later agreed to pay himself;
Charged the city for numerous personal meals and hundreds of dollars in cell-phone accessories that he should’ve paid for; and
Often drove a city-owned “pool car” while also receiving a monthly allowance for his own car.
The boss was a bully
The summary did not tell of workers’ allegations in the secret report that Kischnick was a bully, especially to the women he worked with, Kischnick's former assistant Maggie Hughes said.
At the city’s last council meeting, Hughes told the city council that she grew so upset while working closely with Kischnick that she quit her job last year. Hughes worked first as an intern and then as a management analyst, reporting to Kischnick for three years before resigning in June, she said. Hughes was one of several employees granted legal whistle-blower protection when they gave statements about Kischnick for the report, she said.
“All we did was speak the truth about Mr. Kischnick’s behavior,” Hughes said.
“I would like for that to be completely open to the public, so that everyone knows what was going on, and so they know what the council was hiding when they refused to release it,” Hughes said last week.
For council members to say they won’t release the report because those who gave statements were promised confidentiality is a moot concern, now that Kischnick has been fired, she said. Further, that promise of confidentiality was blatantly disregarded when the very person who city workers feared would retaliate against the whistleblowers — Kischnick — somehow obtained a copies of the report, she said.
“There were copies on his desk for many months,” left out evidently as a form of intimidation, Hughes said. Under attorney-client privilege, the report should have been in the hands only of the Troy city attorney and her clients — the members of city council.
Even so, reports such as the one about Kischnick are not necessarily protected by attorney-client privilege in their entirety, said Joseph Richotte, a lawyer in Bloomfield Hills. Richotte is deputy general counsel, and an expert on Michigan’s Freedom of Information Act, for the Michigan Press Association.
“These kind of investigative, internal reports (compiled by lawyers) are becoming more common” in government bodies, said Richotte, a shareholder with Butzel Long, a major law firm based in Detroit.
The tendency is for public officials to refuse to disclose such reports, invoking the attorney-client privilege as an exemption to the state’s Freedom of Information Act, Richotte said. But that’s justified only for those parts of the report that give legal advice to the client — and often, that's not the entire report, he said. Challenging a government body on that point, however, can mean filing a lawsuit and running up legal fees.
“News organizations and private individuals don’t have the money to pursue all of these situations in court,” he said.
No one knows that better than Troy resident Ann Erickson Gault, who went to court last year when her request to see the report on Kischnick was stonewalled. Although Erickson Gault is a lawyer, she hired one because she wanted an expert in Michigan’s Freedom of Information Act, she said.
She got the city to agree to release some parts of the report that she later learned were already on the city’s website, and she got a judge to order that a few others be handed over, but Erickson Gault gave up the lawsuit after a year-long struggle yielded only bland bits and pieces of the document, she said. She suspected that Troy’s savvy city attorney was able to shield the juiciest parts of the report while Erickson Gault ran out of time and money.
“The lawsuit was getting very expensive. We’re talking tens of thousands of dollars in attorney fees,” she said. She couldn't be specific because to end the litigation she'd signed a confidentiality agreement with the city, she said.
“If money were no object, I would’ve kept going. Now I’m hopeful that at least one of the four members of the city council who wouldn’t release the report last time will at least release a redacted version,” she said.
That is, a version of the report that covers up the names and titles of all the employees except for one: former city manager Brian Kischnick.
Troy to release report on fired city manager Kischnick
Detroit Free Press
April 9, 2018
Elected leaders at Troy City Hall reversed their former decision — by a narrow 4-3 vote — in deciding Monday night to make public a report about the controversial work site behavior of Troy’s former city manager.
The resolution that passed says that the report is to be attached to the minutes of the council meeting, then to be made available to anyone through requests made to Troy City Hall under Michigan's Freedom of Information Act.
Supporters of the vote at Monday's Troy City Council meeting said it struck a blow for transparency and against secrecy in Michigan's public bodies, from local governments to university boards to the state Legislature.
Leaders faced almost the same decision they did in 2016 — whether to release a secret report detailing the unethical behavior and financial improprieties of the city manager. Except that, by this time, they’d fired former city manager Brian Kischnick.
Troy Councilmember Ethan Baker represented the swing vote — switching his vote from no, don’t release in 2016; to yes, do release, on Monday night. And with his yes vote, the motion to release the report passed Monday night by a 4-3 vote. Baker said he decided that leaders needed "to try to turn the page with the community as a whole" and to restore trust in their local government.
Troy Mayor Dane Slater stuck by his previous stance in voting against the release. After his side lost, he said: "Hopefully, this will satisfy the curiosity" about the doings of the controversial former city manager, arrested last month in Clawson on charges of "domestic assault" of a female drinking companion who, sources have said, is a 28-year-old city worker.
After hearing from 11 citizens during the public-comment session before the vote, including a former mayor — all of whom asked the City Council to release the report — the seven council members including Mayor Dane Slater renewed their debate about whether to keep from public eyes the sensitive report.
A summary of the report's contents, released in 2016, listed among other charges that Kischnick covered up damage to a city car in a crash he caused, double-dipped on his car allowance and committed other financial abuses. But speakers at City Council meetings this year, including a former executive assistant to Kischnick, also charged that he bullied numerous subordinates, including his female assistants.
Before the final vote, the council first defeated an amendment by Baker to redact that part of the report that was advice to the city from former labor lawyer Craig Lange, who compiled the report under the principal of attorney-client privilege. The city council, as the client of Lange, then was supposedly the only audience entitled to see the report. But Troy's full-time City Attorney Lori Grigg Bluhm told the city council Monday that Kischnick had obtained a copy.
Among the speakers during the public comment session before the vote was former mayor Jeanne Stine, 87, who has been the city’s mayor (1992-2001) after serving as a councilwoman (1976-1992). Stine said the public had a right to know of municipal misbehavior by a key city servant.
“If a suit is filed for defamation of character (by the former city manager), it will hold no water. Facts are facts,” Stine said.
Ex-Troy city manager Kischnick pleads no contest to tackling, pushing female co-worker
Detroit Free Press
April 16, 2018
Just five weeks ago, he was had one of the best-paying government jobs in Michigan as city manager of Troy.
Brian Kischnick earned about $160,000 a year and, with a car allowance and other benefits, received total compensation of more than $215,000.
But on Monday, Kischnick, 50, was not only unemployed. He also pleaded no contest to a misdemeanor which led to his firing by the Troy City Council: domestic assault, stemming from a March 9 incident in which Kischnick at least twice shoved or yanked a female drinking companion to the ground during an argument outside her home in Clawson.
Sources have said that the 28-year-old woman was an employee at Troy City Hall. In Monday’s plea agreement, reached in front of 52-2 District Judge Kelley Kostin in Clarkston, both sides stipulated that Kischnick was in a relationship with the woman. Kischnick is to be sentenced before Kostin on May 21 for the charge, punishable by up to 93 days in jail and a $500 fine. The case was moved to Clarkston from Troy to avoid the appearance of a conflict of interest.
A no-contest plea is not an admission of guilt but is treated as a guilty plea at sentencing.
The charge against Kischnick was based on statements to police by neighbors who witnessed the tiff between him and his companion as the couple walked to her home after a night out, Kischnick’s lawyer Anjali Prasad said.
"The young lady never called the police and she was very clear to the officers – ‘I don’t want to press charges.’ The charges were pressed after she called her dad and her dad talked to police," Prasad said -- an assertion confirmed by the police report. Prasad, a former assistant U.S. attorney in Detroit, said she was confident that Kischnick could have beaten the charge, had the case been tried.
"Despite that, he decided to plead no contest because he didn’t want her to become the spectacle he has been," Presad said after Monday’s hearing. According to the plea agreement, Kischnick is prohibited from contacting the woman. The official reason that Kischnick listed for pleading no contest was to avoid potential civil liability, should he be sued for damages in the case, according to court records.
The police report, obtained from the city of Clawson by the Free Press through a Freedom of Information Act request, said that Kischnick and his companion took an Uber ride back to her home after their night out and that's when their argument turned physical. The two were on a sidewalk outside the woman’s home when Kischnick allegedly tackled her and, when she tried to get up, "she was pushed down forcefully," witnesses told police.
Kischnick was fired two days later by Troy officials. Kischnick, in a handwritten letter he submitted to the Troy city council soon after his arrest, characterized the incident as a "complete misunderstanding" and denied striking or otherwise assaulting the woman.
In 2016, the City Council released a summary of Kischnick’s improper behavior while voting to keep secret a thick report about him compiled by the city’s former labor lawyer. Last week, the council reversed itself and voted 4-3 to release the full report, after the city attorney removes the names of Troy employees who gave confidential statements about Kischnick for the report.
The report could be released as soon as this week, according to the resolution passed by the city council.
Report paints dark portrait of former Troy city manager
Click On Detroit
Apr 18, 2018
https://www.youtube.com/watch?v=-I_0-qgmURA
Former Troy City Manager Brian Kischnick has had an eventful year.
Troy City Manager sentenced to jail in domestic violence assault
ABC News - Detroit
May 21, 2018
Troy City Manager Brian Kischnick has been sentenced to 30 days in jail after he was found guilty in a domestic assault and battery incident in March.
However, a Clarkston judge also ordered Kischnick to attend a 40-day domestic violence program, have no contact with the victim and refrain from alcohol and and controlled substances.
If Kischnick completes the domestic violence program and the rest of his probation successfully, he will not have to serve the jail sentenced.
On March 9, Kischnick tackled a woman to the ground on the sidewalk in Clawson and continued to push her down as she attempted to get up, witnesses said.
Kischnick and the woman were returning home after an evening out to dinner when they got into an argument. He was arrested and arraigned on assault and battery charges. He violated his bond the following day by contacting the victim and was jailed.
City Council removed Kischnick from his job a few days later.
Fired Troy city manager sentenced to probation, fines, counseling for shoving coworker
Detroit Free Press
May 21, 2018
Until early March, he was the city manager of Troy with total compensation of more than $215,000.
But on Monday, Brian Kischnick — no longer employed and denied severance pay — was sentenced for a misdemeanor that led to his firing by the Troy City Council: domestic assault, stemming from a March 9 incident in which Kischnick shoved a female companion to the ground as they argued outside her home in Clawson.
Kischnick, 50, must report to a probation officer for 15 months, pay $695 in fines and court costs, undergo random drug testing and outpatient counseling; take a 40-week class on preventing domestic violence, and perform five days of community service. Another condition of Judge Kelley Kostin at Clarkston’s 52-2 District Court: Kischnick must seek employment.
The case stems from an incident on March 9, when Kischnick and a female companion were returning from a night out. The 28-year-old victim was a city employee who, sources said, was Kischnick's executive assistant. She is now on leave from her job, the sources said. The Free Press does not name victims of domestic violence.
The two were in a relationship, Kischnick stipulated in his plea last month of no contest — treated as a guilty plea at sentencing — before 52-2 District Judge Kelley Kostin in Clarkston. The Troy City Charter and the city’s work rules contain no prohibition against employees choosing to date, city officials have said.
His attorney Anjali Prasad said the sentence was reasonable. But Prasad said she was amazed to see the victim appear Monday in court to give a tearful impact statement, in which the woman said Kischnick had not only manhandled her but then tried to blame her for attracting the attention of witnesses and police, which she called "absurd." Her statement contradicts what she told Clawson police on the night of the incident.
Late on March 9 and early March 10, the woman repeatedly told police that nothing wrong had occurred and that neighbors who witnessed the couple’s altercation outside her home shouldn’t have called 911, according to the police report, which said both Kischnick and the woman were intoxicated.
“The fact of the matter is that the victim was far too inebriated on the night of the incident to have any recollection of the event, and (on Monday) presented a counseled and rehearsed statement in court,” Prasad said. Domestic violence counselors, however, say the victims often initially side with their assailant in their hope to preserve their relationship.
Kischnick was fired two days after the incident.
Former Troy city manager accused of assault gets 5 days in jail
MLive
May 22, 2018
CLARKSTON, MI - A former Troy city manager accused of assaulting his ex-girlfriend will serve jail time and probation after being sentenced Monday, May 21.
Brian Kischnick, 50, was sentenced by Oakland County Judge Kelley Kostin to serve five days in jail and complete 15 months of probation, according to court records.
He will have to spend 30 days in jail if he does not complete his probation.
Kischnick must also complete a domestic violence program, substance abuse outpatient program and treatment program, per court records.
Kischnick was arrested the night of March 9 and charged with domestic assault and battery, Clawson police previously said.
Kischnick was returning home from dinner in an Uber vehicle when he and his former girlfriend got into an argument, police said. They left the vehicle and were walking down the sidewalk, police reported. Two witnesses said he tackled the woman and when she attempted to rise, "she was pushed down forcefully," according to the statement.
Police were called about 10:21 p.m. March 9 to the 700 block of South Chocolay Avenue, in the area of West 14 Mile Road and South Crooks roads in Clawson, north of Royal Oak in Oakland County. They found a crowd of several people and interviewed the witnesses, Kischnick and the woman.
Kischnick spent the night in jail and was arraigned in Troy on one count of domestic assault and battery. He was given a $5,000 personal bond.
He entered a no-contest plea last month. Domestic assault and battery is a misdemeanor punishable by up to 93 days in jail and a $500 fine.
The Troy City Council voted unanimously on Sunday, March 11, to fire Kischnick.
In a letter to city council, Kischnick apologized and called the incident a "misunderstanding."
Kischnick said the incident occurred while taking an Uber with a woman, who he said was a friend, who became angry. According to his account, he got out of the van and then she did and approached him.
"As we continued toward our destination, I was holding her to protect us and get there safely," he said. "We fell to the ground at least two times."
The Detroit Free Press reported the victim was a city hall employee.
Feds charge former Troy city manager with taking more than $20K in bribes
ABC News - Detroit
July 06, 2018
The former city manager in Troy is facing federal charges for allegedly taking more than $20,000 in bribes, the United States Attorney's Office announced on Friday morning.
Brian Kischnick, 50, allegedly solicited and took the bribes from a contractor who was looking to do business with the city between September 2015 and March 2018.
According to the U.S. Attorney's Office, Kischnick accepted cash and other things of value totaling $20,879.50 from a contractor "with the intent to be influenced and rewarded in connection with business and transactions worth $5,000 or more with the City of Troy involving that contractor."
“Those who hold the public’s offices and use them for their own personal gain and enrichment should beware," U.S. Attorney Matthew Schnieder said in a release. "We will uncover your crimes and hold you fully accountable for your breach of the public’s trust."
In March, Kischnick was arrested and charged with domestic assault and battery after an incident in Clawson.
Officers say Kischnick and a woman were returning home from dinner in an Uber on Friday when they got into an argument.
According to police, both of them got out of the Uber and were walking down the sidewalk when witnesses say Kischnick tackled the woman to the ground and when she attempted to get up, she was pushed down forcefully again.
Kischnick was fired from the city, and in May, he was sentenced to 30 days in jail after a jury found him guilty in the case, but a judge ordered him to attend a 40-day domestic violence program. If he completed the program, he would not have to serve the jail sentence.
If Kischnick is found guilty in the bribery case, he faces up to 10 years in prison and fines up to $250,000.
FBI charges former Troy City Manager with bribery
Brian Kischnick faces federal charges
Click On Detroit
July 06, 2018
DETROIT – The former City Manager of Troy has been charged with bribery.
Criminal charges were filed today against Brian Kischnick, the former City Manager of the City of Troy, for bribery, announced U.S. Attorney Matthew Schneider.
More from the FBI Detroit:
The charging document, known as a criminal information, charges that between September 2015 and March 2018, Brian Kischnick, 50, of Troy, while City Manager of Troy, solicited and accepted cash and other things of value totaling $20,879.50 from a contractor with the intent to be influenced and rewarded in connection with business and transactions worth $5,000 or more with the City of Troy involving that contractor.
United States Attorney Matthew Schneider said, “Those who hold the public’s offices and use them for their own personal gain and enrichment should beware. We will uncover your crimes and hold you fully accountable for your breach of the public’s trust. This office is committed to weeding out corruption everywhere we find it in Southeastern Michigan.”
“Willfully violating the oath of public office for personal gain is a serious and unlawful breach of the public’s trust”, said Timothy R. Slater, Special Agent in Charge, Detroit Division of the FBI. “The FBI and its law enforcement partners will investigate and hold accountable those in government who engage in selfish acts of corruption at the public’s expense”.
Kischnick faces up to 10 years in prison and fines of up to $250,000 on the charge of Bribery Concerning Programs Receiving Federal Funds.
Former Troy city manager pleads guilty to federal bribery charges
Brian Kischnick pleads guilty to accepting bribes from contractor
Click On Detroit
August 22, 2018
TROY, Mich. – Federal officials nabbed another public official as Troy's former city manager pleaded guilty to accepting bribes from a contractor.
But what he pleaded to is a drop in the bucket compared to what the U.S. Attorney's Office has on him.
Brian Kischnick's problems started in March when he was arrested for allegedly tackling his 28-year-old assistant who he was dating at the time.
The city fired Kischnick from his $161,000 per year job over a tenure that had plenty of controversy and allegations of bad behavior.
Federal officials lowered the boom, charging Kischnick as part of an ongoing FBI public corruption probe.
According to federal prosecutors, Kischnick shook down Troy's paving contractor for more than $40,000 in free benefits, such as an apartment, meals and getting rid of his old driveway.
In his plea deal, Kischnick confessed to asking for $15,000 and receiving more than $5,000. Federal officials are asking a judge to put him behind bars for three to five years.
Feds: Troy's fired city manager ran office like Kwame, had 'god complex'
Detroit Free Press
Jan. 21, 2019
A just-released court memo in the bribery case of Troy’s fired city manager lays out a trail of ethical breaches worse than previously known — a record of theft and double-dealing so egregious that federal prosecutors compared the hi-jinks at Troy City Hall to the era of former Detroit Mayor Kwame Kilpatrick.
While Detroit's nemesis is serving an 28-year prison sentence, former Troy City Manager Brian Kischnick faces sentencing on a bribery charge Thursday in U.S. District Court in Detroit.
Although Kischnick’s attorney argues he should serve 26 to 37 months behind bars, the new 51-page memo from prosecutors says he should get roughly double that — 55 months.
The government's lawyers cite a litany of offenses not fully revealed when Kischnick pleaded guilty last fall, including much more extensive pay-to-play scheming with a major city contractor, the apparent extortion of an apartment complex owner to gain years of free use of a $1,200-a-month unit and rental furniture at no cost, thousands in free restaurant meals and costly wines, as well as repeated efforts to involve key city employees in demands for costly freebies, envelopes stuffed with cash and blatant demands for more.
"Kischnick was a rapacious manager who eventually came to treat the pockets of contractors, business owners and others attempting to do business in the city as his own and request cash bribes, free meals and alcohol and eventually free housing and amenities for over three years, totaling over $50,000," the report says.
The report, sent as a sentencing memorandum to U.S.District Judge Nancy Edmunds, says Kischnick’s behavior was so brazen and nakedly self-serving as to suggest he had a “god complex.”
Ominously, it says Kischnick doesn’t seem remorseful, a concern that judges often take into account when giving stiffer than expected sentences. Prosecutors used their document to remind Edmunds that Kischnick — who once held one of Michigan’s best jobs in local government, receiving annual pay and benefits topping $200,000 — seemed unwilling to fully own up to his guilt, even when directly questions by the judge last fall.
"Kischnick would not even admit to the Court that the City received at least $10,000 in federal funds during each year of the span of his illegal conduct, when Kischnick knew full well then and now that Troy had received, for example, $1.9 million in 2015 and $2.9 million in 2016. Kischnick himself knew that because he included that information" in annual budget messages to the City Council, the prosecutors say.
The threshold of dollars is instrumental in proving corruption cases. By law, any theft or bribery involving government services that receive $5,000 or more in federal funds justifies having the FBI investigate, and it justified federal authorities bringing charges.
The report concludes that not only should Kischnick get the considerably longer prison sentence than was tentatively agreed to in his plea bargain, but that Kischnick can never be trusted again with a government job, anywhere.
Troy's elected officials fired Kischnick in March of last year but not for anything amiss at city hall. Instead, he was terminated at an emergency City Council meeting, called on a Sunday following Kischnick's arrest in Clawson late on the previous Friday night, after he was seen repeatedly shoving to the ground his date, a woman who'd been his executive secretary and who sources said was his girlfriend.
Well before that, however, the council had learned about many of Kischnick's ethical breaches, short of criminal violations, thanks to a lengthy internal investigation by the city's former labor lawyer. The lawyer's report detailed behavior at city hall that elected officials said was highly undesirable, from Kischnick's demands that his girlfriend's family receive free pool passes and yoga classes to his improper use of a city-owned Jeep Cherokee despite his receiving a monthly car allowance of $420.
Yet, a majority on the City Council — including Mayor Dane Slater — voted to keep the report secret. Slater and the majority also castigated lawyer Craig Lange for suggesting that they release Lange's report to the news media and the public. The majority instead issued their own one-page report that said Kischnick remained a valued city employee who had promised to improve.
At that point, Lange resigned, telling the Free Press he could no longer work with Kischnick or for the city. It took the whistle-blower actions of a key city employee, followed by an FBI investigation and secret recordings of conversations between Kischnick and the city's primary paving contractor — DiLisio Contracting of Clinton Township — to uncover the exchanges of cash, the free $3,500 driveway poured at Kischnick's home and numerous costly nights out for which Kischnick demanded that others pay.
Mayor Slater and other members of the Troy City Council received copies of the prosecutors' memo Saturday. Slater said Sunday in a text that he preferred not to comment until Kischnick is sentenced.
Council Member Ellen Hodorek, reached Sunday night, said the report made her feel physically ill.
"It validates what I was always concerned about but didn't know for sure," Hodorek said. Regarding the need for the city to monitor Kischnick's conduct, she said: "I called this out then and when I was re-elected I called it out again. I was in the minority and now here I am."
Kischnick's defense attorney — Royal Oak lawyer Anjali Prasad — on Friday filed her own memo to the judge. Prasad argues that her client should be found guilty only of accepting in bribes and other improper gifts totaling less than $10,000 — roughly one fifth of the prosecutors' sum of more than $50,000.
Although Kischnick's own testimony revealed that he repeatedly asked the city's main paving contractor for $15,000, but his lawyer prominently notes that he didn't receive it.
For that reason and others, Kischnick's attorney says her client should serve a prison term of no more than the "advisory guideline range of 27 to 33 months." She says that corresponds to "an actual loss amount of $9,478.60, which includes Mr. Kischnick’s receipt of $3,000 in cash, and $2,978.60 in meals and alcohol, between December 2017 and March 2018, as well as a $3,500 driveway in 2015."
The defense attorney's memo further says that the government's lawyers shouldn't be allowed to ask for the stiffer sentence at Thursday's sentencing. The prosecution "should be precluded from merely offering its version of events to the Court" because the government "never presented live testimony on the purported relevant conduct (and therefore) failed to carry its burden of proof on the allegation."
Feds detail Troy City Manager Brian Kischnick sentencing for bribery
ABC News - Detroit
Jan 21, 2019
(WXYZ) — Just days before the former City Manager of Troy is sentenced in a bribery case, the feds spell out in a sentencing memorandum that Brian Kischnick had a “God complex” and was “the poster child of corruption.”
The memo is designed to convince Judge Nancy Edmunds that Kischnick should be sentenced to 55 months in federal prison.
The feds also say he needs a substantial sentence because the high-profile case of former Detroit Mayor Kwame Kilpatrick writing, “that corruption will be seriously addressed and punished everywhere in southeast Michigan when discovered, whether in Detroit or its suburbs.”
When Kilpatrick was sentenced to 28 years in prison in his bribery and corruption case, the feds say, it did not deter the City Manager of Troy, the largest city in Oakland County.
“By his third year, and approximately two years after the Kilpatrick sentence, Kischnick was requesting free improvements to his personal residence from city contractors. He eventually graduated to the level of soliciting cash outright and free living expenses, totaling nearly $50,000,” the feds wrote.
Kischnick was City Manager from 2012 until he was fired last year.
Kischnick case includes a free driveway at this house, at the time widening it and having the city remove a tree and billing that to the contractor.
That contractor also paid for lavish meals and drinks at several restaurants in Troy and outside of the city. That contractor is Di Lisio and in a statement from its attorney, they say they too are victims of Kischnick and there was no pay for play for them to get the paving contract in Troy or any other city.
For more than a decade, DiLisio Contracting has proudly been a concrete services provider for the City of Troy. DiLisio Contracting’s work for Troy has resulted from publicly bid contracts and extensions based on performance and workmanship. DiLisio Contracting became a victim of then City Manager Brian Kischnick’s exploitation of his position for his own personal gain. During the course of the FBI’s investigation into Kischnick’s corruption, DiLisio Contracting cooperated with the government, which included giving things of value to Kischnick – at the direction and with the approval of the FBI and the Department of Justice. DiLisio Contracting proudly helped the citizens of Troy by doing its part to insure the integrity of City government, and to bring a corrupt official to justice by following federal law enforcement’s instructions. DiLisio Contracting’s assistance was instrumental in the federal government’s ability to investigate, prosecute, and convict Brian Kischnick. DiLisio Contracting will continue to serve Troy residents by fulfilling a substantial purchase order it received from the City of Troy in late-August 2018 – following Kischnick’s guilty plea. DiLisio Contracting has never participated in a “pay to play” scheme or bribery to receive contracts in the City of Troy or elsewhere. DiLisio Contracting is an honest and hardworking company that takes pride in its dedication and commitment to its customers.
DiLisio Contracting
The memo is designed to convince Judge Nancy Edmunds that Kischnick should be sentenced to 55 months in federal prison.
The feds also say he needs a substantial sentence because the high-profile case of former Detroit Mayor Kwame Kilpatrick writing, “that corruption will be seriously addressed and punished everywhere in southeast Michigan when discovered, whether in Detroit or its suburbs.”
When Kilpatrick was sentenced to 28 years in prison in his bribery and corruption case, the feds say, it did not deter the City Manager of Troy, the largest city in Oakland County.
“By his third year, and approximately two years after the Kilpatrick sentence, Kischnick was requesting free improvements to his personal residence from city contractors. He eventually graduated to the level of soliciting cash outright and free living expenses, totaling nearly $50,000,” the feds wrote.
Kischnick was City Manager from 2012 until he was fired last year.
Kischnick case includes a free driveway at this house, at the time widening it and having the city remove a tree and billing that to the contractor.
That contractor also paid for lavish meals and drinks at several restaurants in Troy and outside of the city. That contractor is Di Lisio and in a statement from its attorney, they say they too are victims of Kischnick and there was no pay for play for them to get the paving contract in Troy or any other city.
For more than a decade, DiLisio Contracting has proudly been a concrete services provider for the City of Troy. DiLisio Contracting’s work for Troy has resulted from publicly bid contracts and extensions based on performance and workmanship. DiLisio Contracting became a victim of then City Manager Brian Kischnick’s exploitation of his position for his own personal gain. During the course of the FBI’s investigation into Kischnick’s corruption, DiLisio Contracting cooperated with the government, which included giving things of value to Kischnick – at the direction and with the approval of the FBI and the Department of Justice. DiLisio Contracting proudly helped the citizens of Troy by doing its part to insure the integrity of City government, and to bring a corrupt official to justice by following federal law enforcement’s instructions. DiLisio Contracting’s assistance was instrumental in the federal government’s ability to investigate, prosecute, and convict Brian Kischnick. DiLisio Contracting will continue to serve Troy residents by fulfilling a substantial purchase order it received from the City of Troy in late-August 2018 – following Kischnick’s guilty plea. DiLisio Contracting has never participated in a “pay to play” scheme or bribery to receive contracts in the City of Troy or elsewhere. DiLisio Contracting is an honest and hardworking company that takes pride in its dedication and commitment to its customers.
DiLisio Contracting
A Somerset apartment was provided to Kischnick for more than three years with furniture rent free, the feds write. He is not charged with bribery in that part of the case and his defense attorney says there was no bribery in that.
Kischnick plead guilty to accepting, in total, $9478.60 from Dilisio Contracting. When the government alleged Kischnick also bribed or was bribed by a Troy Apartment Complex, Judge Edmunds ordered it to produce evidence and it never did. The court told the government to schedule a hearing with live witnesses who could make the case but there was no witness who could make the case because there as no second bribe. I fully expect the court will sentence Kischnick based on the $9478.60 in cash, meals, and services, for which he accepted full responsibility.
Anjali Prasad
Kischnick pleaded guilty to one count of Bribery in a plea deal.
He is set for sentencing on Thursday morning.
Former Troy city manager Kischnick to be sentenced for accepting bribes from contractor
Brian Kischnick pleaded guilty to bribery
Click On Detroit
January 23, 2019
TROY, Mich. – Brian Kischnick is scheduled to be sentenced Thursday after pleading guilty to federal bribery charges.
Federal officials said Kischnick, the former Troy city manager, accepted bribes from a contractor. However, what he pleaded to is a drop in the bucket compared to what the U.S. Attorney's Office has on him.
Kischnick's problems started in March 2018 when he was arrested for allegedly tackling his 28-year-old assistant, who he was dating at the time. The city fired Kischnick from his $161,000 per year job over a tenure that had plenty of controversy and allegations of bad behavior.
Federal officials lowered the boom, charging Kischnick as part of an ongoing FBI public corruption probe.
According to federal prosecutors, Kischnick shook down Troy's paving contractor for more than $40,000 in free benefits, such as an apartment, meals and getting rid of his old driveway.
In his plea deal, Kischnick confessed to asking for $15,000 and receiving more than $5,000. Federal officials are asking a judge to put him behind bars for three to five years.
Former Troy city manager sentenced to 30 months in federal prison for bribery
ABC News - Detroit
Jan 24, 2019
https://www.youtube.com/watch?v=qSIhF-uRSnc
Former Troy City Manager Brian Kischnick has been sentenced to 30 months in federal prison after pleading guilty to one count of Bribery. Judge Nancy Edmonds, who was the Judge in the case of Former Detroit Mayor Kwame Kilpatrick's corruption case, said this morning that these cases are "so destructive" to communities and they undermine "so much of what we work for."
ABC News - Detroit
Jan 24, 2019
https://www.youtube.com/watch?v=qSIhF-uRSnc
Former Troy City Manager Brian Kischnick has been sentenced to 30 months in federal prison after pleading guilty to one count of Bribery. Judge Nancy Edmonds, who was the Judge in the case of Former Detroit Mayor Kwame Kilpatrick's corruption case, said this morning that these cases are "so destructive" to communities and they undermine "so much of what we work for."
Former Troy city manager sentenced to 30 months in federal prison for bribery
WXYZ News - Detroit
Jan 24, 2019
Former Troy City Manager Brian Kischnick has been sentenced to 30 months in federal prison after pleading guilty to one count of Bribery.
Judge Nancy Edmonds, who was the Judge in the case of Former Detroit Mayor Kwame Kilpatrick's corruption case, said this morning that these cases are "so destructive" to communities and they undermine "so much of what we work for."
Troy city manager sentenced for soliciting bribes
Click On Detroit
Jan 24, 2019
Former Troy city manager Brian Kishnick is headed to prison for 30 months after being found guilty of soliciting bribes. Records claim he used his position to get money, a rent-free townhouse and much more.
Former Troy city manager sentenced to 30 months in federal prison for bribery
ABC News - Detroit
January 24, 2019
TROY, Mich. (WXYZ) — Former Troy City Manager Brian Kischnick has been sentenced to 30 months in federal prison after pleading guilty to one count of Bribery.
Judge Nancy Edmonds, who was the Judge in the case of Former Detroit Mayor Kwame Kilpatrick's corruption case, said this morning that these cases are "so destructive" to communities and they undermine "so much of what we work for."
Kischnick told the judge in a lengthy statement before sentencing, he was addicted to alcohol and prescription drugs and that members of his family including his father and brother were alcoholics. But he also said "alcohol and drugs didn't commit this crime. Brian Kischnick did. I asked for the money, I accepted the money, I ate the food and drank the liquor."
Kischnick was charged with shaking down a contractor with the City of Troy for cash, food, booze and a free driveway at his home in Troy. He also got a free apartment for more than two years, but that was not part of this case. He also took from the city by accepting a $425 a month car allowance while driving a city vehicle.
Kischnick was busted last year when a Troy Public Works employee went to police and then the FBI.
The FBI set up a meeting with the contractor and Kischnick recorded on video and audio last year.
Kischnick will be allowed to turn himself in for his sentence. he will also serve two years of supervised release after prison. He will pay restitution of $4,500 the amount of the driveway and one bribe.
The Judge did not impose a fine because of his "lack of resources."
Kischnick is not working but is a volunteer in the alcohol recovery community.
City of Troy released this statement in response to Kischnick's sentencing:
At the sentencing, Federal Court Judge Nancy G. Edmunds considered Kischnick’s admission that he solicited almost $25,000 and actually received approximately $9,500 for his personal gain. Prior to the initiation of this federal criminal charge, the Troy City Council terminated Kischnick’s employment, after he was arrested for domestic assault in Clawson, Michigan. Since his termination date of March 11, 2018, the City of Troy leadership has continued to implement measures to protect taxpayers from unethical behavior. “This sentencing contributes to the deserved closure of this matter for the residents, businesses and employees of Troy,” said City Manager Mark F. Miller. He added, “It is critical that there is trust in the government and its employees, which is fostered by integrity and transparency.” The City was fully cooperative with the FBI investigation and the US Attorney’s office. In addition, the City immediately audited its internal security systems and verified that Kischnick had very limited access opportunities to the City’s financial accounts. The City has also retained an independent CPA firm, Plante Moran, for a comprehensive forensic review of Kischnick’s financial expenditures during his five year tenure, as well as any other anomalies. Plante Moran is also authorized to make recommendations for additional proactive measures to further insulate the City, as custodian of taxpayer money. This process is expected to be completed in the near future. The Troy City Council and City Administration remains committed to continuing transparency, providing its residents and businesses with information concerning this matter.
Forensic audit reveals problematic behavior inside Troy City Hall
Click On Detroit
July 23, 2019
TROY, Mich. – How did Troy's city manager, Brian Kischnick, currently serving 30 months in prison for shaking down the city's paving contractor, get away with it for so long?
Before Kischnick was busted in a corruption probe, the city hired an outside law firm to come in and take a look at his behavior. The report details his abuse of power and problematic behavior, yet nothing was changed.
Why didn't the city's finance director raise all sorts of red flags? The answer appears simple -- he feared for his job and Kischnick appeared coated in Teflon to abuse staff and had carte blanche with city resources including credit cards.
Former Troy city manager seeks early release from prison due to coronavirus concerns
Detroit Free Press
June 16, 2020
A former Troy city manager is seeking an early release from prison because of the coronavirus.
Brian Kischnick filed the emergency motion in U.S. District Court on Friday, asking to be transferred to home confinement.
The motion for release was originally filed under seal because of the personal information involved, according to a second order filed on Monday.
Kischnick was charged with bribery in federal programs after pleading guilty on Aug. 22, 2018. In January 2019, he was sentenced to 30 months of imprisonment and was recommended for the Residential Drug Abuse Program, the Bureau of Prisons' comprehensive drug treatment program.
On March 7, 2019, Kischnick's sentence began. While serving his sentence, he completed the residential phase of the drug treatment program. He is set to serve a minimum of 120 days in a Residential Reentry Center and had served 41 days as of Friday.
Kischnick is asking to be released because "the current restrictions imposed at the RRC as a result of COVID-19 have significantly impeded his drug and mental health treatment and his re-entry plan."
He has a projected early release date of October 23. But Kischnick states that his re-entry plan hasn't been put into place due to COVID-19.
According to the emergency motion, he hasn't been receiving mental health counseling, transitional drug abuse treatment, or attending Alcoholics Anonymous meetings.
During his time in prison, he was also prescribed medication for his new diagnoses of hypothyroidism and high cholesterol. But Kischnick claims that he wasn't receiving his medication as often as needed. He also states that he hasn't had medical attention for lesions that he has developed.
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