At the end of 2014, Traverse City Police Chief Mike Warren made it known that he would be retiring in 2015. The candidates for the Police Chief position were Police Captain Mike Ayling and Captain Jeff O'Brien. City manager Jered Ottenwess who would be appointing the new police chief, was known to be favoring Captain Ayling for his selection.
February 16, 2015: Traverse City PD received a 911 call from city manager Jered Ottenwess' home. It was reported by the caller that Ottenwess was drunk and there had been an incident of domestic violence. Captain Mike Ayling responds. Instead of arresting city manager Ottenwess on domestic violence charges, he treated the incident as a medical incident and Ottenwess was transported to the hospital. At the hospital, Ottenwess was combative with staff and police officers - and at one point bit a police officer.
February 23, 2015: Captain Mike Ayling's cover-up of Ottenwess' drunken domestic violence incident is discovered by city officials. An investigation is begun by the Sheriff Department.
February 25, 2015: Ottenwess was charged with two counts of domestic violence and two counts of attempted assault against a police officer.
February 27, 2015: Ottenwess resigned as Traverse City Manager
March 05, 2015: Ottenwess pled no contest to criminal charges filed against him
March 16, 2015: Ottenwess sentenced to 730 days of probation
April 02, 2015: Grand Traverse Sheriff Department investigate Captain Ayling for his failure to file a police report on the February 16th Ottenwess domestic violence incident.
April 21, 2015: Traverse City Police Captain Mike Ayling charged with willful neglect of duty. Ayling placed on paid administrative leave.
August 05, 2015: Police Captain Mike Ayling found not guilty of willful neglect of duty.
August 05, 2015: City Manager Marty Colburn ordered an internal investigation of Captain Ayling's actions/inactions during the Ottenwess domestic violence incident on February 16th.
November 09, 2015: Following an internal investigation, Captain Ayling's employment with the police department was ended.
December 17, 2015: City Manager Marty Colburn appointed Captain Jeff O'Brien as the new police chief for the Traverse City PD.
Incident involving Traverse City manager under investigation
UpNorthLive
February 23, 2015
Mon, 23 Feb 2015 22:01:57 GMT — The city attorney for Traverse City says city manager Jered Ottenwess is currently absent from his position.
City attorney Lauren Trible-Laucht said she does not know how long Ottenwess will be out of the office, but at this point he is still considered the Traverse City manager.
The Grand Traverse Sheriff's Office said a call was made last Monday afternoon involving a disorderly subject at the Ottenwess home and that the incident is being investigated.
Traverse City commission Jim Carruthers says Trible-Laucht sent out a client privileged memo Monday about the Ottenwess situation and said "he is not coming back anytime soon, it's going to be a few weeks."
Carruthers said that Ottenwess is on leave dealing with personal issues.
The city commission meeting scheduled for Monday night has been canceled, and Carruthers said the commission is going to have a discussion about the situation next Monday.
We will continue to update you on this story as more information becomes available.
UPDATE: City manager subject of criminal investigation
Traverse City Record Eagle
February 23, 2015
TRAVERSE CITY — City commissioners were in the dark for seven days about the circumstances that landed City Manager Jered Ottenwess in the spotlight of a criminal investigation.
Word of Ottenwess' legal and medical problems came to light Monday when authorities confirmed he is the subject of a disorderly person complaint. That information comes after a week of elected city officials inquiring about Ottenwess' whereabouts and condition. They previously had been notified only that he would be hospitalized for up to a week.
Commissioners finally received more information Monday when city attorney Lauren Trible-Laucht sent them an email about Ottenwess' absence that she asked remain confidential.
Several commissioners declined to comment about the memo or the investigation of their city manager.
"I just don't know enough about it," said Commissioner Ross Richardson. "Everyone seems to be acting like it's in the public interest to share nothing but all I can see is the denial of information serves the city manager and no one else."
Richardson said he didn't see anything in the memo from Trible-Laucht that should not be public information but he would wait for the city commission to review it as a group, likely during their March 2 meeting.
Commissioners also received an email forwarded from Assistant City Manager Penny Hill late Monday afternoon that she received from Ottenwess on Saturday. The email states that he "had a medical emergency" on Feb. 16 and would not return to work for several weeks.
"I need to continue treatment in Grand Rapids for a period of time that I expect to be several weeks, which would allow me to return to work in late March," the email states.
Ottenwess also said he would be in "sporadic contact" with city commissioners and staff and would appoint Hill as acting city manager.
Richardson said he wasn't happy it took three days for commissioners to receive the message and noted that the city commission, not Ottenwess, has the authority to appoint the acting city manager.
Authorities remained tight lipped about the incident at Ottenwess' Fifth Street home that set their investigation in motion. Both Traverse City Police and firefighters responded to the call on the Presidents Day holiday when city offices were closed.
Police Capt. Mike Ayling confirmed his department handed the investigation of Ottenwess to the sheriff's department but refused to discuss the nature of the call.
The city manager is the direct supervisor of the police department and has authority to hire and fire department employees.
Undersheriff Nate Alger said Police Chief Mike Warren on Feb. 19 asked the sheriff's department to investigate a disorderly subject complaint stemming from an incident that occurred at approximately 2:45 p.m. Feb. 16. Alger said no arrests were made at the time. He declined further comment while the investigation remains open, and he expects deputies will complete the their work this week.
Ottenwess could not be reached for comment.
Hill told city commissioners on Feb. 17 that she received a call from Ottenwess' family informing her the city manager was hospitalized for up to a week and he would not be accepting any visitors. Hill told the Record-Eagle on Feb. 19 the family did not offer any details about his hospitalization and she didn't ask because of privacy concerns.
Several city commissioners said they repeatedly asked Hill and other city staffers if they received any information from Ottenwess about when he might return and were told "no."
"I went over there last Friday and nobody knew anything ... in the administrative offices," said Commissioner Barbara Budros. "I'm totally out of touch with whatever is going on."
Grand Traverse County Prosecutor Bob Cooney said he learned about the investigation during a conversation with Ayling and Detective Sgt. Jim Bussell on either Feb. 17 or 18.
“The minute I was informed about it, it was agreed that it would be turned over to the sheriff’s office,” Cooney said. “That was my advice, and that was Mike Ayling’s agreement, too.”
Cooney initially said he did not know if authorities took Ottenwess into custody at any time. He later changed his answer.
"Let me say I’m not going to comment on that," Cooney said.
Cooney said he did not know if city police conducted any sort of investigation, interviewed witnesses or collected evidence prior to turning the case over to sheriff’s officials.
“Again I don’t know exactly what was done,” he said. “I’m waiting for a report so I can find that out myself.”
Ottenwess joined the city as manager in July, 2013, at age 34, the youngest candidate commissioners interviewed. He previously worked as city manager in the Upper Peninsula community of Ishpeming and a small community in Florida. He is married with three young children.
The message from Ottenwess stated in full:
"I want to notify you that I have had a medical emergency. I was admitted into the hospital on Monday, Feb. 16 and have been undergoing treatment since. I need to continue treatment in Grand Rapids for a period of time that I expect to be several weeks, which would allow me to return to work in late March. While in treatment I will have only sporadic communication with staff and city commissioners. Assistant City Manager Penny Hill will serve as acting city manager during my absence."Thank you so very much to all of you who have provided such kind words and overwhelming support during this challenging time for me and my family. I expect to make a full and complete recovery and return to the important business of the City as soon as my health allows me to."
Jered Ottenwess 911 phone call released
UpNorthLive
February 24, 2015
Recordings of 911 call involving Traverse City Manager Jered Ottenwess released
UpNorthLive
February 24, 2015
The release of 911 tapes involving a call for help from the home of Traverse City Manager Jered Ottenwess is shedding new light on the criminal investigation involving Ottenwess.
The Grand Traverse Sheriff's Office said a call was made last Monday afternoon involving a disorderly subject at the Ottenwess home and that the incident is being investigated.
The 911 call was made by a woman claiming to be the mother of Jered Ottenwess.
TC Police Chief Mike Warren on Ottenwess investigation
Traverse City Record-Eagle (MI)
February 24, 2015
Traverse City Police Chief Mike Warren discusses why Grand Traverse County sheriff’s deputies were brought in to investigate a Feb. 16 incident that occurred inside city limits at City Manager Jered Ottenwess’ Fifth Street home.
Recordings of 911 call involving Traverse City Manager Jered Ottenwess released
UpNorthLive
February 24, 2015
Tue, 24 Feb 2015 20:17:21 GMT — The 911 call made from Traverse City manager Jered Ottenwess' house from last Monday has been released.
The Grand Traverse Sheriff's Office said a call was made last Monday afternoon involving a disorderly subject at the Ottenwess home and that the incident is being investigated.
In the call, Ottenwess' mother said that her son had been drinking for four days and acting aggressively.
The 911 call from Grand Traverse County dispatch along with a statement from Ottenwess gives some insight as to why he has been absent for the past week, but commissioners say they know very little about the incident and only found out about it on Monday.
Dispatcher: Has he been violent with anybody?Mother: He has been aggressive all weekend. He started drinking on Friday.Dispatcher: Has he physically hit anybody?Mother: I don't know if he hit his wife but he was trying to hit me just now.Dispatcher: You said he was drunk?Mother: He is intoxicatedDispatcher: Does he have weapons on him?Mother: No weapons.Mother: He just ripped up the whole upstairs landing. He just tore out the whole upstairs landing.
Traverse City commissioners received this forwarded statement from Assistant City Manager Penny Hill on the behalf of Jered Ottenwess:
"Manager Ottenwess asked me to forward the following statement from him:'I want to notify you that I have had a medical emergency. I was admitted into the hospital on Monday, February 16 and have been undergoing treatment since. I need to continue treatment in Grand Rapids for a period of time that I expect to be several weeks, which would allow me to return to work in late March. While in treatment I will have only sporadic communication with staff and City Commissioners. Assistant City Manager Penny Hill will serve as Acting City Manager during my absence.Thank you so very much to all of you who have provided such kind words and overwhelming support during this challenging time for me and my family. I expect to make a full and complete recovery and return to the important business of the City as soon as my health allows me to.'"
That was the first thing commissioners heard about the city manager since his absence.
"We are acting on very little information at this point because there is an investigation going on and so the city commissioners don't have a lot of information about this and we really don't want to put too much out there before we know what's going on until we have the right information in our hands that we can make the decision," said commissioner Jim Carruthers.
Carruthers said they'll discuss the incident including who will be their staff leadership at their meeting next Monday.
"In the meantime we're all just hoping the best for Jered and his family and we really want to see positive outcomes and work through this however it might turn out," said Carruthers. "It's just a very very unfortunate situation."
The Grand Traverse County Sheriff's Office is investigating the incident, but no charges have been filed yet.
AUDIO: 911 call reveals incident at TC manager's house
Traverse City Record-Eagle (MI)
February 24, 2015
TRAVERSE CITY — A woman who identified herself as Traverse City Manager Jered Ottenwess' mother told Grand Traverse County central dispatchers on Feb. 16 that her son had been drinking heavily for four days, destroyed parts of his Fifth Street home and tried to harm her, according to a 911 tape obtained by the Record-Eagle.
The caller described Ottenwess as "ripping up our house" and said he'd been drinking since the previous Friday -- Feb. 13.
Ottenwess has been absent from work since the incident. Last week city commissioners said they had no idea of his whereabouts. Commissioners were informed Monday that Ottenwess was in a medical facility in Grand Rapids.
Authorities are investigating a complaint of a disorderly person at Ottenwess' house on Feb. 16.
UPDATE: City leaders shut out of manager probe
Traverse City Record-Eagle (MI)
February 24, 2015
TRAVERSE CITY — Traverse City Manager Jered Ottenwess was four days into an alcohol-fueled bender when his mother decided she'd had enough.
She dialed 911.
"He's been aggressive all weekend," she told a Grand Traverse County Central dispatcher on Monday, Feb. 16. "He started drinking on Friday."
"He's ripping up our house."
City police and firefighters responded to Ottenwess' Fifth Street house within minutes of that call, but details of the incident and Ottenwess' subsequent whereabouts remained shrouded for more than a week. His employers — city commissioners — last week were told only that Ottenwess was in the hospital for a week with a medical emergency.
They weren't informed of the 911 call. They weren't told of their police department's involvement. They weren't told the county prosecutor and police decided days after the incident to hand off the case to county sheriff's officials.
And they weren't informed until Monday — a week after police responded to Ottenwess' house — that their city manager sent a Feb. 21 email to his chief assistant that said he'd need several weeks of treatment in a Grand Rapids facility for what he termed a "medical emergency."
Indeed, city police this week continued to characterize the episode as a medical matter. But Ottenwess' mother during the call told the dispatchers that her son had been drinking for four days, destroyed parts of their Fifth Street home and tried to hit her, according to a 911 tape the Record-Eagle obtained on Tuesday.
"I don't know if he's hit his wife, but he was trying to hit me just now," his mother told dispatchers during two calls that featured a young child wailing in the background and the woman indicating she'd shoved a piece of furniture in front of a door to protect herself.
Ottenwess, 36, has been absent from work since the incident. Law enforcement officials on Monday confirmed Ottenwess was the subject of a Grand Traverse County Sheriff's Department investigation in to a report of a disorderly person.
But what exactly transpired at Ottenwess' home, details about deputies' investigation, and why commissioners remained in the dark about the city's absent leader for so long remain unclear.
Sheriff's department officials on Tuesday declined to detail their investigation, other than to say it might be complete on Friday.
Sheriff Tom Bensley attributed the delay, in part, to the fact that sheriff's deputies did not respond to the initial incident, and were not asked to launch an investigation until Feb. 19, three days after city police responded to Ottenwess' home.
Ottenwess' mother in the 911 recording told dispatchers her son had been aggressive since he started drinking on Friday, Feb. 13.
"He just ripped up the whole upstairs landing," she said.
City Police Chief Mike Warren said police who responded to the Fifth Street home logged the call as a "medical assist call." Officers who responded transported Ottenwess to Munson Medical Center. He was not arrested or placed in handcuffs, Warren said.
Traverse City Police Capt. Mike Ayling said police remained at the hospital throughout the night.
"Anytime somebody is transported to the hospital, and it’s apparent to us that they need help, we’ll stay there," he said. "That's our job."
Ayling said he had not listened to the 911 recordings, but he said multiple witnesses told investigators that no type of assault "whatsoever" occurred at the residence.
City police did not originally treat the situation as a possible criminal matter, Warren said, but on either Feb. 18 or 19 they contacted Grand Traverse County Prosecutor Bob Cooney.
"It was at that time we decided to have the sheriff's department pursue an investigation in to the entire matter," Warren said.
Ottenwess directly supervises Warren and the police department, and has authority to hire and fire department employees.
Assistant City Manager Penny Hill, who reports to Ottenwess, told city commissioners on Feb. 17 she received a call from Ottenwess' family informing her Ottenwess was hospitalized for up to a week and would not be accepting visitors.
Hill later told the Record-Eagle the family did not offer any details about his hospitalization and she didn't ask because of privacy concerns.
But Warren said he told Hill on Feb. 17 that police had responded to an incident at Ottenwess' home.
Commissioner Jim Carruthers said Hill should have reported to someone on the commission that police were involved.
“She should have at least informed the mayor and pulled someone in to get a little feedback and say what to do,” he said. “If our lead staff person is down for the count and some serious decisions need to be made, the mayor and then the city commission should be called in to talk about these issues.”
Commissioner Ross Richardson voiced concerns that Hill claimed for a week to know very little about Ottenwess' absence. Richardson said he didn't know if Ottenwess directed her to do that, or if she chose that path on her own.
Richardson added that Ottenwess sent Hill an email on Feb. 21 about his absence that she was supposed to disperse to city department heads and commissioners. That didn't happen until Monday, and only after Richardson asked city attorney Lauren Trible-Laucht about the message.
"Do I think she should have been forthright about what was going on? Yes," Richardson said. "Was she? No."
Hill declined comment, and referred questions to Trible-Laucht. Trible-Laucht couldn't be reached for comment.
Richardson also said Ottenwess -- not Hill -- ultimately was responsible for conveying news of his absence to commissioners.
"Just go back to the Saturday email," he said. "Why didn't he just send that out directly? Why does he need to send that to the assistant city manger and the city attorney for further dispersal? He has all our email addresses."
Mayor Michael Estes said commissioners will discuss Ottenwess' absence during their March 2 meeting. He said Hill, Trible-Laucht, and police representatives will be present to answer commissioners' questions.
"I’m just hopeful that all the gaps get filled in with responses between now and then," Estes said. "Because actually I think there’s more holes in what’s going on than there are answers right now."
Prosecutor and commissioners weigh in on Ottenwess investigation
UpNorthLive
February 25, 2015
Prosecutor and commissioners weigh in on Ottenwess investigation
UpNorthLive
February 25, 2015
Prosecutor and commissioners weigh in on Ottenwess investigation
UpNorthLive
February 25, 2015
Thu, 26 Feb 2015 00:56:44 GMT — More details are slowly starting to surface about the Grand Traverse County Sheriff's Office investigation into Traverse City Manager Jered Ottenwess.
According to the Sheriff's Office, a call was made to 911 on Monday, February 16 involving a disorderly subject at the Ottenwess home.
Now some commissioners and the Grand Traverse County Prosecutor are concerned about how long it took for them to be notified about the situation.
According to a 911 call made that Monday by Ottenwess' mother, Ottenwess had been aggressive all weekend, had been drinking since Friday, and was intoxicated at the time of the call.
Dispatcher: Has he been violent with anybody? Mother: He has been aggressive all weekend. He started drinking on Friday.
Dispatcher: Has he physically hit anybody? Mother: I donâ??t know if he hit his wife but he was trying to hit me just now.Dispatcher: You said he was drunk? Mother: He is intoxicated Dispatcher: Does he have weapons on him? Mother: No weapons.Mother: He just ripped up the whole upstairs landing. He just tore out the whole upstairs landing.
Traverse City Police responded to the home. According to Grand Traverse County Central Dispatch, the incident was reported to police as a disorderly call.
Prosecuting Attorney, Bob Cooney says that Ottenwess was taken into protective custody and taken to Munson Medical Center.
Cooney was not notified about the situation until Thursday when Traverse City Police went to his office, asking him whether or not he thought that a crime had been committed.
"Normally I wouldn't be notified three days later about whether to conduct an investigation or not," said Cooney. "I'm not notified of every investigation that goes on. But it's unusual that I would be contacted about whether to conduct an investigation three days after the fact. Obviously it makes our job a lot more difficult."
Cooney says a report was not made by Traverse City Police. As to why, Cooney says he was given the explanation by city police officers that it was a medical incident, despite central dispatch labeling it as a disorderly call.
Based on the information he was given, Cooney says he immediately advised that everything be forwarded to the Grand Traverse County Sheriff's Office for an investigation.
Grand Traverse County Sheriff, Tom Bensley, says they too were notified about the incident on Thursday, and says that they immediately began investigating.
"Because of the time delay from the time the incident occurred until we got this, it's a little more challenging to investigate this complaint," said Bensley.
7&4 News asked multiple times to speak with Traverse City Police on Wednesday but they declined to answer any of our questions about their initial investigation.
"I will conduct a thorough review of the report and if there are any charges to be issued I can assure you that Mr. Ottenwess will be treated like any other individual," said Cooney.
Throughout all of this, Traverse City commissioners apparently remained somewhat in the dark about the status of their city manager.
According to Commissioner Jeanine Easterday, they were told on Tuesday, Feb. 17 by Assistant City Manager Penny Hill only that Ottenwess had been hospitalized the day before and that he would be back by Feb. 23. Easterday says they were told that because of privacy concerns that would be all the information they would receive at the time.
"I didn't really think too much about it," said Easterday. "I just figured he had every right to his privacy and we had an assistant manager in place, we have our lawyer in place, we have department heads in place. It didn't seem to me that it was a major issue."
Easterday says she included Ottenwess in her emails throughout the week but got a return email notification from him saying that he would be out of the office for the time.
Nearly a week later on the following Monday, commissioners received more information from the City Attorney, Lauren Trible-Laucht.
"We received a confidential attorney-client privileged email that gave us more detail," said Easterday.
Easterday says that the email, combined with calls she was receiving from the media, concerned her.
Fellow commissioner, Ross Richardson, says the email included mention of police being involved in the situation, and also mentioned an email that came from Ottenwess himself.
Richardson says he asked Trible-Laucht that afternoon to see Ottenwess's email that was referenced, and says that it was later forwarded to him and the other commissioners that same afternoon.
Trible-Laucht says that Ottenwess sent both her and Hill the email on Saturday.
"I don't know why it was two and a half days before it was forwarded and why I had to request it," said Richardson.
Traverse City commissioners received this forwarded statement from Assistant City Manager Penny Hill on the behalf of Jered Ottenwess:
"Manager Ottenwess asked me to forward the following statement from him: 'I want to notify you that I have had a medical emergency. I was admitted into the hospital on Monday, February 16 and have been undergoing treatment since. I need to continue treatment in Grand Rapids for a period of time that I expect to be several weeks, which would allow me to return to work in late March. While in treatment I will have only sporadic communication with staff and City Commissioners. Assistant City Manager Penny Hill will serve as Acting City Manager during my absence.Thank you so very much to all of you who have provided such kind words and overwhelming support during this challenging time for me and my family. I expect to make a full and complete recovery and return to the important business of the City as soon as my health allows me to."
Easterday says she's concerned for a number of reasons, and thinks the situation could have been handled differently.
"The commissioners had a need to know, the city attorney had a need to know, but I think the assistant city manager didn't do anything to hide anything, I think she misunderstood the law and in her attempts to protect privacy she didn't share with the people who needed to know," said Easterday.
7&4 News went to Hill's office on Wednesday to ask why it took so long for commissioners to be notified, and were told that any questions needed to be forwarded on to Trible-Laucht.
Trible-Laucht returned a call late in the afternoon on Wednesday and had the following to say:
"I acted on information I had as soon as I could when I had it and I can't speak to the assistant city manager."
Cooney expects to get a full report from the Sheriff's Office late Wednesday or early Thursday morning and says that he will proceed as necessary.
Mich. city manager's mother calls 911 after son's alleged bender
Traverse City Record-Eagle (MI)
February 25, 2015
TRAVERSE CITY, Mich. — A woman identifying herself as the mother of the city manager in Traverse City claimed in a 911 call to police that her son destroyed part of his home after a drinking binge stretching over four days.
The subsequent investigation of the incident has sparked a dispute among other city leaders, who reportedly were kept in the dark about the situation.
According to 911 audio obtained by the Traverse City Record-Eagle, the woman said Jered Ottenwess was “ripping up our house” and said he’d been drinking since Friday, Feb. 13. The call was made Monday, Feb. 16.
City police and firefighters responded to Ottenwess' Fifth Street house within minutes, but details of the incident and Ottenwess' subsequent whereabouts remained shrouded for more than a week. His employers — the Traverse City commissioners — last week were told only that Ottenwess was in a medical facility in Grand Rapids for a week with a medical emergency.
Commissioner Jim Carruthers told upnorthlive.com that city attorney Lauren Tribble-Laucht sent a memo on Feb. 23 addressing the situation and saying that Ottenwess “is not coming back anytime soon. It’s going to be a few weeks.”
Assistant City Manager Penny Hill, who reports to Ottenwess, told city commissioners on Feb. 17 she received a call from Ottenwess' family informing her that Ottenwess was hospitalized for up to a week and would not be accepting visitors.
Hill later told the Record-Eagle the family did not offer any details about his hospitalization and she didn't ask because of privacy concerns.
But Traverse City Police Chief Mike Warren said he told Hill on Feb. 17 that police had responded to an incident at Ottenwess' home.
Carruthers said Hill should have reported to someone on the commission that police were involved.
“She should have at least informed the mayor and pulled someone in to get a little feedback and say what to do,” he said. “If our lead staff person is down for the count and some serious decisions need to be made, the mayor and then the city commission should be called in to talk about these issues.”
Law enforcement officials this week confirmed Ottenwess was the subject of a Grand Traverse County Sheriff's Department investigation into a report of a disorderly person.
But what exactly transpired at Ottenwess' home, details about deputies' investigation, and why commissioners remained in the dark about the city's absent leader for so long remain unclear.
Commissioners unlikely to fire Ottenwess on Monday
Traverse City Record-Eagle (MI)
February 25, 2015
TRAVERSE CITY — City Manager Jered Ottenwess likely won't be fired when commissioners meet next week, but his job prospects appear bleak after he concealed from his bosses a drunken tirade that prompted a call to police and subsequent investigation.
Commissioners probably won't take action on Ottenwess' employment when they meet Monday at 7 p.m. in the Governmental Center, but Mayor Michael Estes hasn't ruled it out. Several commissioners said they want to know who was involved in keeping them in the dark for more than a week but they don't expect to resolve the Ottenwess situation in one meeting.
"It's going to take some time to resolve this issue and I have no idea how it is going to get resolved," Estes said. "But at some point in the very near future the city commission will have to decide, if they don't decide on Monday."
Ottenwess told his chief assistant in an email sent Feb. 21 that he is in a Grand Rapids facility receiving medical treatment.
Ottenwess had been drinking for four days when his mother had enough and dialed 911 on Feb. 16, according to a Grand Traverse County dispatch tape obtained by the Record-Eagle. She told dispatchers her son was "ripping up our house" and had tried to hit her.
Police then escorted Ottenwess to Munson Medical Center and stayed with him all night. Three days later they turned the case over to sheriff's officials to investigate the incident as a potential disorderly person.
City commissioners didn't learn about the alcohol angle or police involvement until informed a week later by their attorney, who heard of the incident late Feb. 20 from assistant city manager Penny Hill. City Attorney Lauren Trible-Laucht, the only person besides Ottenwess directly employed by the commission, spent the weekend collecting information and researching commissioners' legal options before notifying them on Feb. 23.
Several commissioners voiced concern at how various city officials handled the incident.
"Obviously, there was a cover up. The question is, how high does the cover up go and how many people were involved in it," said Commissioner Ross Richardson. "But it really starts with the city manager, and how less than candid he was ... and his not talking to anybody above him about this."
But Richardson said Hill's involvement also has him questioning if the city commission should allow her to continue as acting city manager until Ottenwess either returns or is replaced.
Police Chief Mike Warren said he told Hill about the police involvement on Feb. 17, the day after the incident occurred, but she made no mention of it when she told commissioners Ottenwess would be out for a week because of a medical emergency.
Not every commissioner shares Richardson's concerns about Hill.
"It was handled poorly, but Penny was trying to protect her boss," said Commissioner Jim Carruthers. "Jered is at fault here, he has compromised his staff and his commissioners."
Commissioners may go into closed session Monday to discuss a confidential memo from Trible-Laucht that offers legal advice about their roles and responsibilities as an employer. Commissioners can terminate Ottenwess without cause, but must give him three months wages from his $105,000 annual salary.
Carruthers said he wants commissioners to wait until Ottenwess returns at the end of March to take action.
"He needs time to get treatment and clean up his act," Carruthers said. "But I don't think he is going to fare too well when he returns."
Traverse City Manager Jered Ottenwess facing four criminal charges
UpNorthLive
February 25, 2015
Traverse City Manager Jered Ottenwess is being charged by Grand Traverse Prosecuting Attorney Bob Cooney with four criminal charges.
Ottenwess will be charged with two counts of domestic violence and two counts of attempted assault against a police officer.
Police were called to Ottenwess' home Feb. 16 after a woman called 911 saying he had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
According to a criminal complaint released late Thursday afternoon, Ottenwess assaulted his wife and another female in the home. Ottenwess is also accused of trying to assault two Traverse City Police Officers.
Computer problem blamed for missing 911 call
Traverse City Record-Eagle (MI)
February 26, 2015
TRAVERSE CITY — Grand Traverse County central dispatchers maintained their stance for days late last week and early this week:
They had no record of sending police to an incident at Traverse City Manager Jered Ottenwess' home.
But dispatch officials backtracked on that position this week, after news of Ottenwess' recent run-in with the law became public. They acknowledged receiving a 911 call from Ottenwess' house on Feb. 16, but said the call wasn't listed on dispatch logs because of "some kind of problem."
Ottenwess' absence from his post last week -- and city officials' vague description of a medical emergency -- prompted the Record-Eagle to make multiple inquiries to Grand Traverse 911 about a possible police or medical response to Ottenwess' home on Fifth Street in Traverse City.
County 911 Deputy Director Jason Torrey told a Record-Eagle reporter late last week and on Monday that 911 operators had no record of dispatching police or other emergency responders to Ottenwess' home between Feb. 9 and Feb. 16.
But Traverse City police indeed responded to the home Feb. 16, after Ottenwess' mother called 911 and told operators her son had been drinking for four days, was "ripping up our house" and had tried to hit her.
Central Dispatch officials on Tuesday confirmed the 911 call, the day after authorities acknowledged Ottenwess was the subject of a disorderly person complaint.
Grand Traverse 911 Director Jamel Anderson said "some kind of problem" with central dispatch's computer-aided dispatch system --- often referred to as a CAD -- explained why dispatch officials did not disclose existence of the call sooner.
Anderson said the 911 center's CAD system normally verifies that a dispatch address falls within the 911 center's coverage area before entering the address into the call log. But that verification failed in the Ottenwess call, meaning dispatchers found nothing late last week and on Monday when they tried to look up the Ottenwess call based on the city manager's Fifth Street address.
"I don't know the mechanics of why it didn't do that, but it didn't verify," Anderson said.
Dispatchers on Tuesday found the call when asked to look it up based on the date and time of the incident, Anderson said.
Anderson said such address verification failures are "not a regular occurrence" at the 911 center, but they do happen "once in a great while."
She added the dispatcher who fielded the call from Ottenwess' mother did not know Ottenwess was Traverse City's manager, and that no one asked dispatchers to remove the address from the call log.
"We're not going to handle someone differently who is in the public eye than anyone else," she said.
Earlier reports don't match written record
Traverse City Record-Eagle (MI)
February 26, 2015
TRAVERSE CITY -- The question was posed to Traverse City's top police official: Was Traverse City Manager Jered Ottenwess ever put into handcuffs after city police responded to his home on Feb. 16?
"Not into handcuffs, no," Traverse City Police Chief Michael Warren told a Record-Eagle reporter during an interview on Tuesday (video of the Warren interview on www.record-eagle.com).
But police reports that detail incidents at Ottenwess' home on Feb. 16 state that handcuffs were placed on Ottwenwess, double-locked, and checked for tightness after he made an aggressive approach toward emergency medical personnel.
Police reports cover a scene that spilled from Ottenwess' house to Munson Medical Center, a drunken, profanity-filled incident that resulted in four criminal charges.
Traverse City police for days dismissed the situation as a medical call.
The report describes a violent Ottenwess who swore at and threatened police officers, tried to bite one officer's hand and wrist, and had to be tackled and restrained. His wife told officers that he pushed her in the arm while he was going past her and also threw a phone at his mother, but it did not hit her.
Warren did not return a request for comment on Thursday.
Grand Traverse County Prosecutor Bob Cooney directed Traverse City police to pass along the investigation to county sheriff's officials on Feb. 19. City officers' reports are dated Feb. 20, roughly five days after the incident occurred. It's clear that one of the two responding officers recognized Ottenwess as the city manager.
Traverse City police Capt. Mike Ayling initially did not respond to the incident, but an officer contacted him and Ayling headed to Munson Medical Center. He wrote that the two responding officers told him there was no criminal offense. He spoke with Ottenwess' wife and doctor and wrote that all three "felt that Jered needed to get into an alcohol treatment facility."
He told Ottenwess' wife that he didn't want to petition to get Ottenwess evaluated unless "absolutely necessary."
The next day Ayling received a call from Ottenwess' wife, who said her husband felt betrayed by the police.
"I assured her I was doing everything I could to get Jered help and help him keep his job," Ayling wrote.
Ayling on Thursday declined to comment, but said he would speak on Friday morning. He then hung up on a Record-Eagle reporter.
Ottenwess' aggression spread from house to hospital
Traverse City Record-Eagle (MI)
February 26, 2015
TRAVERSE CITY — City Manager Jered Ottenwess acted in an aggressive and threatening fashion toward his family, law enforcement and medical staff during a Feb. 16 incident that began at his Fifth Street home and continued at Munson Medical Center.
Ottenwess' mother called 911 and said her son had been drinking for four days, was "ripping up our house" and had tried to hit her, according to dispatch tapes obtained by the Record-Eagle.
Ottenwess was combative from the moment officers responded.
"... the male suspect stood up out of the bed, looking at me, clenching his fist and staring straight at me stating, 'F--- you,'" Traverse City Police Officer Mark Witczak stated in a report.
Witczak and Sgt. Keith Gillis attempted to calm Ottenwess, and he continued to yell profanities and clench his fists.
"... he stood up on the bed, staring straight at me, and said, 'Don't say a f---ing word.' I stared at Jered for a half-second and his next statement was, 'Get the f--- out of my house,'" Witczak said. "It should be noted that when Jered made these statements toward me, he was standing up and starting to breathe heavy, clenching his fists again, starting to square up in a boxer's stance."
Ottenwess threatened a North Flight EMS medic, Joshua Salyer, in an ambulance on the way to Munson Medical Center.
"During the transport, Jered made several statements to Josh that the was going to 'f---ing kill' him," Gillis said.
The aggression continued at the hospital, where officials restrained Ottenwess in his bed. Munson security officials had to readjust the restraints several times because of his aggression, the report states.
Ottenwess' wife filed a petition for hospitalization on Feb. 16, which is included in the police report, in part.
"Jered has been drinking and heavily intoxicated since Friday evening. He has not had anything to eat since Friday. He has broken many things in our home, thrown things around and at me," her petition read. "He has pushed me into walls. He has told me to die and asked me to kill him. He is an alcoholic and needs rehabilitative treatment."
Ottenwess aggressive, threatening to police
Traverse City Record-Eagle (MI)
February 26, 2015
TRAVERSE CITY -- When police responded to a call at a Fifth Street home, they found a chaotic scene with a drunk, profane and verbally abusive Traverse City manager, Jered Ottenwess, 36, whose manner shifted from threatening to laughing to threatening within moments.
A police report details the Feb. 16 scene that Traverse City police saw at Ottenwess' house. He now faces two counts of domestic violence and two counts of attempted resisting and obstructing police.
Authorities arrived at Ottenwess' home and found him in a bedroom, where he sat up, clenched his fists, and swore at the deputy and flung his glasses to the floor. The responding officer, convinced there would be an altercation, prepared to use a Taser on Ottenwess, but another officer momentarily calmed him.
Ottenwess then ran around the house, laughed, and made an aggressive move toward emergency medical personnel who arrived on the scene, dashed outside and forced officers to tackle and handcuff him.
He threatened officers and repeatedly shouted obscenities at them.
Officers handcuffed Ottenwess and he was taken to Munson Medical Center, where he bit an officer's glove and had to be restrained.
He had a blood alcohol level of .395 and had been drinking all weekend.
Ottenwess' wife told authorities he started drinking heavily on weekends in April 2014. She said he starts drinking on Fridays, does not eat, but continues drinking until he passes out on Sunday.
Excerpts from the Ottenwess police report
Traverse City Record-Eagle (MI)
February 26, 2015
TRAVERSE CITY — The following are excerpts from a Grand Traverse County sheriff's report detailing a Feb. 16 incident involving City Manager Jered Ottenwess.
Ottenwess faces four criminal charges.
Grand Traverse County sheriff's Capt. Randy Fewless: "Dispatch advised the RP (Ottenwess' mother) had stated the man had 'tried to get physically violent with her' and had done a lot of damage to the second floor of the home."
Traverse City Police Officer Mark Witczak: "The suspect continued to stare at me at this time and started breathing heavily and clenching his teeth together and flexing his arms and squeezing his fists very tightly and started to walk toward me; while doing so he did remove a pair of glasses from his face, squeezing them and violently throwing them to the floor.
"As the suspect began approaching me in this aggressive manner, I started to formulate a plan to defend myself, as I was 100% convinced that there was going to be a physical altercation between the suspect and myself. At this time, I did raise my right arm to protect myself and started pointing my Taser at his midsection with my left hand."
Traverse City Police Capt. Mike Ayling: "I then said, 'We are here to help you,' and he screamed, 'I'm gonna kill you.' While Jered was screaming at me he was pulling very hard on the restraints attempting to get his hands free."
Also from Ayling: "Mrs. Ottenwess said ever since April Jered has started drinking heavily. She said every weekend Jered starts drinking on Friday, does not eat, but continues drinking until he passes out sometime Sunday."
Ottenwess charged following GT sheriff's probe
Traverse City Record-Eagle (MI)
February 26, 2015
TRAVERSE CITY — Police officer Mark Witczak readied his Taser as he walked up the stairs of a Fifth Street home, prepared to confront a violent and belligerent man in the midst of a four-day alcohol-fueled binge.
Witczak peered into a bedroom and saw the man slumped in bed. He appeared to be passed out or asleep, but then Traverse City Manager Jered Ottenwess rose up, cursed at the officer, and began to approach him with flexed arms and clenched fists.
Witczak pointed his Taser at Ottenwess.
"I was 100% convinced that there was going to be a physical altercation between the suspect and myself," Witczak wrote in a police report generated four days after the Feb. 16 confrontation.
But before Witczak could fire, Traverse City police Sgt. Keith Gillis intervened. Ottenwess appeared to recognize Gillis.
"At this time, the suspect took a step back, fell to his knees and started to cry," Witczak's report states. "Sgt. Gillis informed the suspect that we were just there to help him and asked him to please stay calm."
But the initial standoff with Ottenwess, 36, was only the start of a day-long effort by police to control the city manager's violent and aggressive drunken behavior, and a nearly two-week effort by city police and other officials to downplay what transpired at Ottenwess' house on Feb. 16.
The police department's top administrators for days characterized the incident as solely a medical episode. They initially did not investigate it as a criminal matter, even though Ottenwess' own mother during two 911 calls told dispatchers that her son had been drinking for four days, was "ripping up our house" and had tried to hit her.
Police reports indicate Ottenwess on Feb. 16 also threw pieces of furniture at his mother, threatened emergency responders, repeatedly tried to flee from police, and had to be tackled and handcuffed before he could be transported to Munson Medical Center.
Ottenewss' belligerent behavior continued at the hospital, where he threatened to kill a nurse, tried to bite a police officer and had to be physically restrained by security guards and police officers, reports state. Officers remained at Munson overnight with Ottenwess.
It was only after city police on Feb. 19 informed Grand Traverse County Prosecutor Bob Cooney of their response to Ottenwess' home that Cooney instructed them to hand over the case to Grand Traverse County sheriff's deputies.
Ottenwess directly supervises the city police department and has authority to hire and fire department employees.
Traverse City Police Chief Mike Warren could not be reached for comment on Thursday. Capt. Mike Ayling on Thursday afternoon told a reporter he would comment on Friday, then hung up the phone.
Cooney on Thursday charged Ottenwess with four misdemeanors, two counts of domestic violence and two counts of attempting to resist and obstruct police. Cooney declined comment for this story.
Ottenwess' attorney, Matthew Vermetten of Traverse City, said he was not surprised at the criminal charges, but he did not have any immediate comment because he said he was still reviewing the police reports.
"Jered is in a (treatment) facility and is doing extremely well," Vermetten said. "He is taking care of his personal issues; the family is very upset and would like their privacy.
"Jered is taking care of Jered's health and his greatest concern is for his family."
Ottenwess was mysteriously absent from his post with the city for days following the Feb. 16 incident at his home.
Ottenwess' employers — city commissioners — last week were told only that Ottenwess was in the hospital for a week with a medical emergency.
They weren't informed of the 911 call. They weren't told of their police department's involvement and weren't told the county prosecutor directed police to hand off the case to county sheriff's officials.
And they weren't informed until Monday — a week after police responded to Ottenwess' house — that Ottenwess sent a Feb. 21 email to Assistant City Manager Penny Hill that said he'd need several weeks of treatment in a Grand Rapids facility for what he termed a "medical emergency."
Ottenwess in his message did not mention that city police responded to his house on Feb. 16.
Hill learned from police officials on Feb. 17 that officers were involved in the incident. She did not relay the information to commissioners.
Medical officials stated Ottenwess' blood alcohol content was .395 -- nearly five times Michigan's legal limit for driving under the influence -- on Feb. 16, according to police reports.
Police reports further indicate Ottenwess' drinking problem started long before the Feb. 16 incident. Ottenwess' wife told medical staff her husband started drinking heavily in April 2014, and drank every weekend until he passed out on Sunday. Other parts of the reports indicate Ottenwess has a "several year history" of drinking to excess.
"He has broken many things in our home, thrown things around and at me," Ottenwess' wife said in a petition for hospitalization, according to police reports. "He has pushed me into walls. He has told me to die and asked me to kill him."
Ottenwess told medical staff "he was breaking several things in his home and pushing his wife against a door, but states neither were on purpose."
Ottenwess' wife called Ayling the following day to convey a phone conversation she had with her husband. Ottenwess told his wife "he thought he was betrayed by the police and that I (Mike Ayling) was trying to get him fired," Ayling stated in a police report.
Ayling in his report said he told Ottenwess' wife to contact Traverse City-based attorney and former district judge Tom Gilbert for assistance and "assured her I was doing everything I could to get Jered help and help him keep his job."
Traverse City manager charged after mom reports he's 'ripping up our house'
MLive
February 26, 2015
GRAND TRAVERSE COUNTY, MI -- Jered Ottenwess, the 36-year-old city manager of Traverse City, is being charged with four misdemeanors after relatives called police because he was "ripping up our house."
In a 911 call made Monday, Feb. 16, Ottenwess' mother told dispatchers that her son was intoxicated and trying to hit her.
The woman said Ottenwess started drinking on Friday and had been "aggressive all weekend."
Grand Traverse County prosecutors on Thursday, Feb. 26, issued a statement that two counts of domestic violence and two counts of attempted assault of a police officer had been authorized against Ottenwess.
In the 911 call, the mother says: "I don't know if he hit his wife, but he was trying to hit me just now."
The call begins with the mother saying her son that "my son is upstairs here...and he's ripping up our house."
She later goes on to say that he "just ripped up the whole upstairs landing."
"You say he's been drinking since Friday?" the dispatcher asks.
"He's been drinking since Friday," she replies.
The attempted assault charges carry a maximum penalty of one year in jail. The domestic violence charges allow for a maximum of 93 days in jail.
Traverse City manager charged with domestic violence
The Detroit News
February 26, 2015
The Traverse city manager has been charged with domestic violence and two counts of attempted assault of a police officer, according to media reports.
Grand Traverse prosecutor Bob Cooney charged Traverse City Manager Jered Ottenwess with two counts of domestic violence and two counts of attempted assault against a police officer, according to UpNorthLive.com.
According to a criminal complaint released late Thursday afternoon, Ottenwess allegedly assaulted his wife and another woman at his home Feb. 16. A woman called 911 saying he had been drinking for days and his behavior was aggressive. Ottenwess also allegedly tried to assault two Traverse City police officers, the media report said.
Ottenwess was taken into custody and was receiving treatment in Grand Rapids, according to media accounts.
Commissioners shocked, concerned
Traverse City Record-Eagle (MI)
February 26, 2015
TRAVERSE CITY — City commissioners expressed shock when they learned of criminal charges lodged against City Manager Jered Ottenwess.
They voiced similar thoughts upon discovering how little they knew about the the man who ran city since July 2013, particularly his apparent history of binge drinking.
Some commissioners also said they're concerned about city police officials' handling of the Feb. 16 incident, from their decision to not arrest Ottenwess on the spot, to not informing them of the events that afternoon and evening.
Police were called to Ottenwess' home and confronted a combative, drunken city leader -- Ottenwess supervises city police Chief Mike Warren -- who tore up his house, attempted to hit his mother, and repeatedly threatened to kill the officers between bouts of aggression and crying, police reports show.
"My God, I don't understand why city police didn't immediately charge him, or start the process of charging him, or why they did not immediately involve the sheriff's office," said city Commissioner Ross Richardson. "Why did it take three days?"
Mayor Michael Estes said he wants to know why Warren did not immediately inform city commissioners of the incident. The only information commissioners had last week came from Ottenwess' chief assistant, Penny Hill, who relayed only that Ottenwess suffered a medical emergency and was hospitalized.
Commissioners didn't learn of their police department's involvement until a week later.
"As much as some people would say Penny Hill was responsible in failing to notify us, our police chief was also responsible for not notifying at least one member of the commission about how serious these charges are," Estes said.
Ottenwess's future with the city appeared bleak before county Prosecutor Bob Cooney authorized charges on Thursday, but Estes said if Ottenwess is convicted of any of the charges there's no question commissioners will oust him from his post and $105,000 annual salary.
But Richardson said he doesn't see how Ottenwess would have any credibility to continue as city manager, regardless of the outcome of his criminal case.
Commissioner Gary Howe said Monday's commission meeting will help elected officials figure out how to proceed.
"Obviously, the charges are serious," Howe said. "I'm looking for the discussion on Monday for the whole city commission on how we move forward."
Commissioners said they saw no signs of Ottenwess' drinking problems, but had no interaction with him outside meetings and the office.
"It's shocking," Estes said. "This was probably brewing for a substantial amount of time, but I had no idea of his private life," Estes said. "I've never met his wife, I've never met his kids. This is unfortunate."
Ottenwess' wife told police that since April 2014 her husband typically started drinking on Friday after work and he didn't stop until he passed out on Sunday. His blood alcohol level on Feb.16 was 0.395 percent, almost five times the legal limit for driving under the influence in Michigan.
"I am surprised," Howe said. "You work with someone on a semi-close basis you would think you would see something, some warning signs.
"I didn't," he said.
Jered Ottenwess Arraigned
UpNorthLive
February 27, 2015
TC Police Capt. Mike Ayling
Traverse City Record-Eagle
February 27, 2015
Computer problem blamed for missing 911 call
Manistee News Advocate, The (MI)
February 27, 2015
TRAVERSE CITY (TNS) - Grand Traverse County central dispatchers maintained their stance for days late last week and early this week: They had no record of sending police to an incident at Traverse City Manager Jered Ottenwess' home.
But dispatch officials backtracked on that position this week, after news of Ottenwess' recent run-in with the law became public. They acknowledged receiving a 911 call from Ottenwess' house on Feb. 16, but said the call wasn't listed on dispatch logs because of "some kind of problem."
Ottenwess' absence from his post last week - and city officials' vague description of a medical emergency - prompted the Record-Eagle to make multiple inquiries to Grand Traverse 911 about a possible police or medical response to Ottenwess' home on Fifth Street in Traverse City.
County 911 Deputy Director Jason Torrey told a Record-Eagle reporter late last week and on Monday that 911 operators had no record of dispatching police or other emergency responders to Ottenwess' home between Feb. 9 and Feb. 16.
But Traverse City police indeed responded to the home Feb. 16, after Ottenwess' mother called 911 and told operators her son had been drinking for four days, was "ripping up our house" and had tried to hit her.
Central Dispatch officials on Tuesday confirmed the 911 call, the day after authorities acknowledged Ottenwess was the subject of a disorderly person complaint.
Grand Traverse 911 Director Jamel Anderson said "some kind of problem" with central dispatch's computer-aided dispatch system - often referred to as a CAD - explained why dispatch officials did not disclose existence of the call sooner.
Anderson said the 911 center's CAD system normally verifies that a dispatch address falls within the 911 center's coverage area before entering the address into the call log. But that verification failed in the Ottenwess call, meaning dispatchers found nothing late last week and on Monday when they tried to look up the Ottenwess call based on the city manager's Fifth Street address.
"I don't know the mechanics of why it didn't do that, but it didn't verify," Anderson said.
Dispatchers on Tuesday found the call when asked to look it up based on the date and time of the incident, Anderson said.
Anderson said such address verification failures are "not a regular occurrence" at the 911 center, but they do happen "once in a great while."
She added the dispatcher who fielded the call from Ottenwess' mother did not know Ottenwess was Traverse City's manager, and that no one asked dispatchers to remove the address from the call log. "We're not going to handle someone differently who is in the public eye than anyone else," she said.
Police report provides insight on Jered Ottenwess investigation
UpNorthLive
February 27, 2015
Fri, 27 Feb 2015 14:42:31 GMT — Traverse City Manager Jered Ottenwess appeared in court Friday on two counts of domestic violence and two counts of attempted assault against a police officer.
Ottenwess and his attorney, Matthew Vermetten, stood mute and the court entered not guilty pleas on the defense's behalf to all four charges against him.
Vermetten confirmed that Ottenwess did turn himself in to the Grand Traverse County Jail Friday morning around 7:30.
Ottenwess will return to a Grand Rapids treatment facility for the next 30-40 days. He will be on a $5,000 bond which will allow him to accumulate credit while in the facility.
Ottenwess will be required to be back in court for a pretrial scheduled March 5. He will not be allowed to have any direct or indirect contact with his wife or mother during the bond time, which is typical in a domestic violence case.
The police report has been released after an incident that happened with Ottenwess on Feb. 16. Police were called to Ottenwess' home after his mom called 911 saying Ottenwess had been drinking for days and acting aggressively. This then launched an investigation by the Grand Traverse County Sheriff's Office.
Below are segments from the report by the Grand Traverse County Sheriff's Office filed on Feb. 25:
- "I started going up the stairs to see Jered and I could hear him moving around the room," said Sgt. Gillis. "I was behind Officer Witczak, standing in the stairwell and could see in the room. Jared was walking toward officer Witczak in an aggressive nature yelling 'F--- you f---er', with a closed fist. I did not realize who it was until I saw his face. Once I realized who it was, and it was apparent to Officer Witczak did not, I stepped in front of Officer Witcazk and confronted Jered. I told Jered it was Sgt. Gillis and we are here to help you. Jered took a couple steps backward and looked at me in a puzzled look."
- "It was my observation that Jered was extremely intoxicated and could barely stand up. I asked Jered to sit on the bed so he did not fall over and he was looking at me with a 1000 mile stare," Sgt. Gillis stated. "I explained to him that we are only there to help him. I asked him if we would go to the hospital and he advised he would. During this conversation, Jered would start crying and then start laughing extremely loud back and forth."
- "Once we got to the bottom of the stairs Jered went from a calm state to a loud laughing state and pulled away and started running through the house yelling," Sgt. Gillis said. "He slams through the kitchen door and almost hitting the two small children in the kitchen."
- "Officer Witczak and I agreed that it was turning into a protective custody issue and then had to restrain Jered to transport him to Munson for the safety of the EMS and City Fire personnel," Sgt. Gillis said. "Jered was yelling, 'You mother f----' when we walked him out to the transport cot and placed him on the cot and put him in the ambulance. Once he was secure, I made contact with his wife and advised her to meet us at Munson Right away."
- "The doctor advised because you're being aggressive toward the medical staff and we are going to put restraints on you," Sgt. Gillis said.
- "I was advised that this behavior continued through most of the night, with him sitting up and screaming and yelling," Sgt. Gillis said. "During the night he was taken off restraints and got up and was standing in the observation room with no clothing covering him because he removed it. The nurse gave him more clothing to put on and he put it on his head and was still standing there naked in the observation room."
- "I arrived at Munson about 15 minutes later and went directly to room 27," said Captain Alying. "I walked right next to Jered and looked at him and said, "Are you all right," Jered stared at me as though he was looking right through me. "I then said, 'We are here to help you' and he screamed 'I'm going to kill you.'"
- "Gillis said the upstairs of the Ottenwess house is "destroyed and that Ottenwess had walked toward Witczak with clinched fists as though he was going to fight him," Captain Alying said. "I asked Gillis if there was a domestic assault at his house and he said there was not. Gillis said because Ottenwess ran outside in the snow and almost ran into a baby they had Mrs. Ottenwess fill out a petition for hospitalization."
- "Dr. Chung said Jered's BAC was .395 and that he would not be discharged until after 5 a.m." Captain Ayling said.
A statement by Fewless : "Jered Ottenwess does acknowledge to Munson staff that he was breaking several things in his home and pushing his wife against a door, but states neither were on purpose. The medical documents also state Jered Ottenwess has an apparent several year history of drinking to excess."
Below is the petition/application for hospitalization that was completed by Mrs. Ottenwess:
"Jered has been drinking and heavily intoxicated since Friday evening," said Mrs. Ottenwess. "He has not had anything to eat since Friday. He has broken many things in our home, thrown things around and at me. He has pushed me into walls. He was told me to die and asked me to kill him. He is an alcoholic and needs rehabilitive treatment. Only myself and my three little children have seen the majority of this."
Traverse City official in court on alcohol-linked issue
Detroit News
February 27, 2015
Traverse City — The manager who oversees city government in Traverse City has pleaded not guilty to four misdemeanors, more than a week after police were called to his house during an alcohol-related incident.
Jered Ottenwess is charged with domestic violence and attempting to resist police. He appeared Friday in district court.
Police reports released to news media show Ottenwess was very drunk when officers arrived Feb. 16. Police say his mother indicated he had been drinking for four days and "ripping up our house."
Officer Mark Witczak says he was poised to fire his Taser after Ottenwess clenched his fists. He says Ottenwess then "fell to his knees and started to cry."
Ottenwess didn't speak in court. Judge Michael Stepka told him the charges are serious.
Traverse City manager charges: Erratic behavior, threats, profanities and .39 BAC
MLive
February 27, 2015
TRAVERSE CITY, MI -- Traverse City Manager Jered Ottenwess could barely stand from apparent drunkenness when authorities came to his home, and in the minutes afterward, he threatened to kill two officers amid erratic and violent behavior, a police report shows.
Jered Ottenwess, 36, was arraigned Friday, Feb. 27, in Grand Traverse County District court on four misdemeanors that included two counts of domestic assault and two counts of attempted assault/resisting and obstructing an officer.
The police report, released by the Grand Traverse County prosecutor's office through a Freedom of Information Act request, details several minutes of erratic behavior by Ottenwess after police came to his house Feb. 16 because of a 911 call.
Ottenwess, after cutting his hand on a laundry basket and running through his yard with bare feet and no coat, was taken to the hospital to be checked. Tests showed a blood-alcohol of 0.39, nearly five times over the legal driving limit.
Police went to Ottenwess' house after his mother called 911 to say he was tearing up part of the house.
When they arrived, one officer noted: "It was my observation that Jered was extremely intoxicated and could barely stand up. I asked Jered to sit on the bed so he did not fall over and he was looking at me with a 1000-mile stare."
What followed was a series of profanities lobbed at the two officers, moments of crying and loud laughing and the jaunt through the yard.
"Jered was laughing extremely loud and making gestures as if it was a game," an officer wrote. "Jered turned and faced us with clenched fists."
The officers managed to get handcuffs on Ottenwess and into an ambulance, where he made statements that he was going to "(expletive) kill" one of the officers.
At the hospital, Ottenwess continued to struggle with hospital staff and needed to be placed in restraints.
Ottenwess' wife told investigators that he had been drinking heavily since April.
"She said every weekend Jered starts drinking on Friday, does not eat, but continues drinking until he passes out sometime Sunday," an investigator wrote. "Mrs. Ottenwess said Jered rarely drinks during the week but every weekend he drinks until he passes out."
Ottenwess arraignment set
Traverse City Record-Eagle (MI)
February 27, 2015
TRAVERSE CITY -- Traverse City Manager Jered Ottenwess is scheduled to be arraigned this morning in 86th District Court on four criminal counts tied to a Feb. 16 alcohol-related incident at his house and at Munson Medical Center.
Ottenwess, 36, faces two counts of domestic violence and two counts of attempted resisting and obstructing a police officer. City officials said Ottenwess reported being in a treatment facility in Grand Rapids, but surrendered for arraignment.
Arraignment is set for 10 a.m. before district Judge Michael Stepka.
City manager pleads not guilty
Traverse City Record-Eagle (MI)
February 27, 2015
TRAVERSE CITY — City Manager Jered Ottenwess pleaded not guilty to four criminal charges today in 86th District Court.
Ottenwess faces four misdemeanors: two counts of domestic violence and two counts of attempting to resist and obstruct police.
He did not make any statements before Judge Michael Stepka, but Stepka commented on the severity of the crime.
"These are the most serious types of charges that the district court sees," he said.
Ottenwess' next hearing is set for March 5 at 9 a.m.
Traverse City manager submits resignation letter after alleged drunken, violent behavior
MLive
Feb. 27, 2015
TRAVERSE CITY, MI -- Traverse City Manager Jered Ottenwess has submitted a resignation letter after being charged with four misdemeanors surrounding altercations with police while allegedly drunk.
Ottenwess, 36, submitted the letter Friday, Feb. 27 and the city commission is expected to consider it on March 2.
Ottenwess was arraigned Friday on two counts of domestic violence and two counts of attempted assault/resisting and obstructing an officer. All of the charges are misdemeanors.
The charges stem from a Feb. 16 response by police to Ottenwess' home. His mother had called 911 to report that he was intoxicated and aggressive.
Ottenwess, whose blood-alcohol level was allegedly 0.39 when tested at the hospital, struggled with police after being transferred there to get checked out, according to police reports obtained by MLive and The Grand Rapids Press.
He also yelled profanities at officers and was acting erratically, the report stated.
Traverse City official quits after alcohol-related incident
Associated Press State Wire: Michigan (MI)
February 27, 2015
TRAVERSE CITY, Mich. (AP) — The manager who oversees city government in Traverse City has resigned, more than a week after police were called to his house during an alcohol-related incident.
Jered Ottenwess quit Friday, the same day he pleaded not guilty to misdemeanor charges of domestic violence and attempting to resist police.
Police reports released to news media show Ottenwess was very drunk when officers arrived on Feb. 16. Police say his mother indicated that he had been drinking for four days and "ripping up our house."
Officer Mark Witczak says he was poised to fire his Taser after Ottenwess clenched his fists. He says Ottenwess then "fell to his knees and started to cry."
Ottenwess didn't speak in court. Judge Michael Stepka told him the charges are serious.
Ottenwess resigns
Traverse City Record-Eagle (MI)
February 27, 2015
TRAVERSE CITY — City manager Jered Ottenwess today resigned his position as city manager.
Traverse City Commissioner Barbara Budros said commissioners received an email this afternoon from the city attorney that included Ottenwess' written resignation. Budros said in his letter Ottenwess asked commissioners to discuss his resignation in closed session when they meet Monday at 7 p.m.
"I'm glad he did that because it will make things go more smoothly," Budros said. "It kind of puts an end to all of this razzmatazz about what to do about the city manager. We can put that part of this behind us."
Resignation letter received from Traverse City Manager Jered Ottenwess
UpNorthLive
February 27, 2015
Fri, 27 Feb 2015 21:53:09 GMT — The city has received a letter of resignation from Traverse City Manager Jered Ottenwess on Friday.
According to the Traverse City Commission Meeting agenda for Monday, commissioners are planning to discuss the consideration of appointing an acting City Manager.
Late Friday afternoon, consideration of accepting resignation of the city manager was added as a possible modification to the agenda.
"I hereby resign from my position as City of Traverse City, City Manager, effective immediately with the condition that I receive severance compensation pursuant to paragraph 5(b) in my Employment Agreement," stated in Ottenwess' resignation letter. "The City will provide the equivalent of 90 calendar days of pay and 90 calendar days of health and dental premiums for policies in effect at the time of this resignation. These severance terms commence upon my resignation being accepted."
Ottenwess appeared in court on two counts of domestic violence and two counts of attempted assault against a police officer.
The police report has been released after an incident that happened with Ottenwess on Feb. 16. Police were called to Ottenwess' home after his mom called 911 saying Ottenwess had been drinking for days and acting aggressively. This then launched an investigation by the Grand Traverse County Sheriff's Office.
Ottenwess released on bond
Traverse City Record-Eagle (MI)
February 28, 2015
TRAVERSE CITY — Traverse City Manager Jered Ottenwess will be treated just like everyone else.
That’s the message from 86th District Court Judge Michael Stepka, who presided over Ottenwess’ arraignment on Friday. Ottenwess faces four misdemeanor charges leveled against him after a Feb. 16 incident during which police were called to his home to find a drunken, aggressive Ottenwess who had to be tackled and handcuffed before authorities took him to Munson Medical Center.
His blood alcohol level was .395.
Ottenwess entered a not guilty plea to two charges of attempting to resist and obstruct police and two counts of domestic violence, one each against his wife and mother.
“These are the most serious types of charges that the district court sees,” Judge Michael Stepka said.
Attorneys clashed in court over Ottenwess’ next pretrial date and conditions of his bond.
Ottenwess’ attorney Matthew Vermetten requested that a pretrial conference date be pushed to the end of March to allow Ottenwess to spend uninterrupted time at a residential facility in Grand Rapids, where he is getting treatment.
Ottenwess’ wife told authorities he started to drink heavily in April 2014, and since then he typically came home on Fridays and drank until he passed out on Sundays, according to some police reports. Other reports indicate he’s had a drinking problem for years.
Stepka ordered Ottenwess’ next court appearance for March 5.
“I’m not going to treat Mr. Ottenwess any differently than anyone else similarly situated,” Stepka said. “The intent of the domestic violence court is to keep these cases moving along.”
Stepka also ruled against a request from Vermetten to allow Ottenwess to have limited communication with his wife so they could talk about one of his children. Ottenwess will be prohibited from contacting his wife, mother and three children, the oldest of which is six.
Grand Traverse County Chief Assistant Prosecutor Noelle Moeggenberg said allowing contact with a suspected domestic violence victim would be atypical.
“(Ottenwess’ wife) is in the kind of situation where she might have to testify against him,” Moeggenberg said. “If he’s in this lockdown facility for up to 30 days he’s not going to be parenting.”
Ottenwess’ pretrial conference is scheduled for March 5 at 9 a.m.
TC police didn't pursue crimes in Ottenwess case
Traverse City Record-Eagle (MI)
February 28, 2015
TRAVERSE CITY — Traverse City Manager Jered Ottenwess stands accused of four misdemeanor crimes and is expected to be out of a job come Monday, fallout from a drunken rampage at his house on Feb. 16.
But the criminal probe that led to charges originated three days after the incident, and only after Grand Traverse County Prosecutor Bob Cooney directed county sheriff's deputies to investigate a matter that occurred in Traverse City, in the city police department's jurisdiction.
Cooney's decision removed the Ottenwess case from city police officials' hands -- Ottenwess directly supervised Traverse City police Chief Michael Warren and the department -- and shifted the focus from what city police continue to publicly refer to as a "medical emergency" to a criminal probe and resultant two-count domestic violence, two-count resisting and obstructing police case.
Warren told another of Ottenwess' subordinates -- assistant city manager Penny Hill -- about police involvement with Ottenwess on Feb. 17, but Warren made no effort to inform city commissioners of the incident. Hill told commissioners only that Ottenwess' family said he'd had a medical emergency and would be hospitalized and away from work for a week.
City commissioners didn't learn until a week later that their manager had been handcuffed and taken to Munson Medical Center after Ottenwess' mother called 911 to report her son drunkenly "ripping up our house" after trying to assault her.
Several city commissioners expressed shock when they learned details of the incident, after Cooney on Feb. 26 charged Ottenwess and released sheriff's investigative reports. Those documents included scene reports authored by city police officers dated Feb. 20, four days after the incident. Officers did not complete any reports until after the prosecutor and sheriff's investigators became involved.
City Commissioner Ross Richardson said he has concerns about how city police handled the case.
"What I don't understand is how could the police think, with everything that happened at the house, with everything that happened at the hospital, how did they think they were going to cover this up?" he said.
Inconsistencies
City police continue to offer inconsistent, oft-conflicting statements about the incident and how they handled it. Warren, in a videotaped interview with the Record-Eagle early last week, flatly denied that officers handcuffed Ottenwess. Police reports written by his own officers clearly state Ottenwess was handcuffed after officers were forced to tackle him as he ran from them in his yard.
City police Capt. Mike Ayling responded to the Feb. 16 incident at Munson in a supervisory capacity after a city patrol officer and sergeant responded to the original scene. Ayling subsequently made many of the decisions that played out over the next few days and persistently framed the situation as solely a medical matter. That stance effectively kept city commissioners, the public and media, even Cooney out of the information loop for days.
Cooney said he learned about the incident from Bussell and Ayling on Feb. 19. Ayling said Cooney wanted Traverse City police officers to conduct the investigation, but Ayling told Cooney he wanted the sheriff's department to run the case. Cooney said he doesn't remember who suggested the change, but he ultimately directed Ayling to turn it over to the sheriff, and directed the sheriff to do a full investigation.
After sheriff's deputies stepped in on Feb. 20, they obtained a search warrant for Ottenwess' house in search of evidence and photographed possible damage. There is no indication city police ever attempted to obtain a search warrant, and no indication they photographed or attempted to log damages at the scene.
As late as Friday, Ayling continued to call the situation a medical matter.
"There are several other factors, assaults and domestics occurred, but the overriding issue to me, in my eyes, was a medical issue," Ayling said. "He was in a medical emergency, a critical medical emergency, and his wife said she was not assaulted, so I still characterize this as a medical emergency."
Ayling last week said he did not review the 911 call that included Ottenwess' mother's statement that her son tried to hit her. Ayling's own report from Feb. 20 states Ottenwess' wife told him Ottenwess pushed her on the arm going past her and that "he threw a phone at his mother but did not hit her."
Ayling's initial telephone contact with city police Sgt. Keith Gillis, who responded to Ottenwess' house, included two questions after Gillis said officers were face-to-face with a belligerently drunk, verbally abusive and physically threatening city manager:
Is there a crime yet, or has there been an assault? Gillis responded 'No,' Ayling said.
"And I said 'OK. Let’s try to keep it that way,'" Ayling said Friday morning. "Which, in my mind, meant don’t provoke him. Don’t give him an opportunity to commit a crime or assault you. Just stay away. He’s in the hospital. Let’s try to keep it at what it is. Drunk."
But Ayling acknowledged his direction to Gillis could explain why police officer Mark Witczak didn't tell Ayling that Ottenwess tried to bite Witczak's hand as he was wrestled onto a hospital bed. Ottenwess ended up only biting Witczak's glove, police reports indicate.
"My guess is Witczak didn't tell me he bit him because I had just asked them to try and keep it not criminal," Ayling said.
One of the criminal charges stems from Ottenwess' attempt to "assault, batter, wound, resist, obstruct, oppose or endanger" Witczak, court records state.
Ayling on Friday morning said he didn't learn about the attempted bite until he, Gillis and Witczak on Feb. 19 started to write their reports.
On Friday afternoon Ayling called the attempted bite of Witczak a "very, very minor assault" that didn't break skin.
"The overriding problem, the overriding issue was that Mr. Ottenwess is extremely intoxicated, has a medical condition and needs medical help," he said. "We have people attack us every day and every night. We have drunks try to bite us all the time. We don't arrest everybody that's drunk that tries to bite us."
"He didn't break his skin, he didn't have to get treatment. The overriding issue here was Mr. Ottenwess' health and we're trying to help him. We're trying to help him and his family, and to me that took far greater precedent than a drunk biting, attempting to bite an officer who ultimately just bit his glove."
'Help him keep his job'
Ayling had two interviews with the Record-Eagle and other local media on Friday, and he offered differing versions of events during those interviews.
Ayling said he picked up a copy of a medical referral petition from Ottenwess' wife, then hand-delivered the document to officers standing by at the hospital on Feb. 16. Ayling said he only briefly looked at the petition to make sure it was properly completed.
On Friday morning Ayling said he didn't learn of a possible assault on Ottenwess' wife until sheriff's deputies used a search warrant to get a copy of the same document Ayling acknowledged seeing on Feb. 16. But Ayling's story shifted on Friday afternoon. He said police learned about the domestic violence allegations in the petition on Feb. 17 at about 5 a.m. Ayling said he then discussed the allegation with city police Sgt. Kevin Gay, but he said there was no need to immediately act on the accusation because Ottenwess at the time was committed to the hospital for at least three days.
Ayling on Friday said statements in the petition didn't match Ottenwess' wife's previous statements to police that she had not been assaulted.
"Looking back on it, was she lying to me because she didn't want him to go to jail or lose his job?" Ayling said Friday morning. "Or was she lying in the petition because she was doing everything she could to get him committed and hospitalized? I don't know the answer to that. I can tell you that she told me he did not assault her."
He offered a different opinion on the discrepancy Friday afternoon.
"My opinion is they have a single-income family and three kids, and she was probably concerned that if he lost his job they would lose their income and she did not want to see him arrested so she did not tell me about the assault that occurred," he said.
Ayling's Feb. 20 report included a passage about receiving a phone call from Ottenwess' wife a couple days after the incident.
"(She) called me and said she got a phone call from Jered stating that he thought he was betrayed by the police and that I was trying to get him fired … I assured her I was doing everything I could to get Jered help and help him keep his job."
Ottenwess offers to resign
Traverse City Record-Eagle (MI)
February 28, 2015
TRAVERSE CITY — Jered Ottenwess agreed to resign as Traverse City manager -- if commissioners agree to pay him three months salary and three months of health and dental benefits.
Ottenwess' request is almost identical to what city commissioners would have to pay him under his contract if they decide to fire him. They likely will act on his request when they meet Monday at 7 p.m. in the Governmental Center.
"I'm glad he did that because it will make things go more smoothly," said Commissioner Barbara Budros. "It kind of puts an end to all of this razzmatazz about what to do about the city manager. We can put that part of this behind us."
Ottenwess' letter of resignation asks commissioners to waive the term of his contract that would force him to refund 45 days of salary for quitting without notice. Instead, he asks that they implement the paragraph that would pay him 90 days compensation if terminated by commissioners: $26,254 in salary, plus $3,544 to cover his health and dental insurance premiums.
His contract allows commissioners to fire him without severance pay if he's convicted of a felony or found guilty by commissioners of malfeasance in his duties as city manager.
City attorney Lauren Trible-Laucht said Thursday she did not believe Ottenwess' actions reached the level of malfeasance in office.
The offer to resign came just hours after Ottenwess pleaded not guilty to four criminal charges in 86th District Court following a Feb. 16 incident when police responded to his home. Ottenwess was highly intoxicated, had torn up his home and thrown items at his mother and pushed his wife against a wall. Police reported he was threatening and aggressive towards them and tried to flee from the officers.
He was handcuffed and taken to Munson Medical Center, where he tried to bite one officer. He faces four misdemeanors: two counts of domestic violence and two counts of attempting to resist and obstruct police.
Mayor Michael Estes said he will encourage commissioners on Monday to accept the terms proposed by Ottenwess.
"The way I read everything it seems very clear each side will hold the other harmless and our expense is the equivalent of 90 days compensation," Estes said. "It's playing out essentially the way I would hope it would have on Monday. We are dealing with this issue in one meeting at which time we will name an acting city manager, sever our ties with Jered Ottenwess, and proceed to find a permanent city manager almost immediately."
Estes said the only issue that leaves commissioners to consider is the involvement of the city police hierarchy and how they handled the Ottenwess case.
"Once I can sit down and understand all of the facts and how they developed I will make a decision on what degree to pursue this," Estes said.
Estes said he will recommend commissioners elevate assistant city manager Penny Hill to the acting city manager position.
"I view this as a short-term measure that causes the least disruption with the rest of city staff and allows us to move rapidly to find a full-time replacement for the city manager's job," Estes said.
But some commissioners have expressed reservations about Hill, who told them Feb. 17 that Ottenwess had suffered a medical emergency. She repeatedly failed to share the knowledge she received from police about the Feb. 16 incident.
Traverse City manager submits resignation letter after alleged drunken, violent behavior
Grand Rapids Press, The: Web Edition Articles (MI)
February 28, 2015
TRAVERSE CITY, MI -- Traverse City Manager Jered Ottenwess has submitted a resignation letter after being charged with four misdemeanors surrounding altercations with police while allegedly drunk.
Ottenwess, 36, submitted the letter Friday, Feb. 27 and the city commission is expected to consider it on March 2.
RelatedTraverse City manager charges: Erratic behavior, threats, profanities and .39 BAC
Ottenwess was arraigned Friday on two counts of domestic violence and two counts of attempted assault/resisting and obstructing an officer. All of the charges are misdemeanors.
The charges stem from a Feb. 16 response by police to Ottenwess' home. His mother had called 911 to report that he was intoxicated and aggressive.
Ottenwess, whose blood-alcohol level was allegedly 0.39 when tested at the hospital, struggled with police after being transferred there to get checked out, according to police reports obtained by MLive and The Grand Rapids Press.
He also yelled profanities at officers and was acting erratically, the report stated.
Ottenwess offers to step down
Traverse City Record-Eagle (MI)
February 28, 2015
TRAVERSE CITY — Jered Ottenwess agreed to resign as Traverse City manager — if commissioners agree to pay him three months salary and three months of health and dental benefits.
Ottenwess’ request is almost identical to what city commissioners would have to pay him under his contract if they decide to fire him. They likely will act on his request when they meet Monday at 7 p.m. in the Governmental Center.
“I’m glad he did that because it will make things go more smoothly,” said Commissioner Barbara Budros. “It kind of puts an end to all of this razzmatazz about what to do about the city manager. We can put that part of this behind us.”
Ottenwess’ letter of resignation asks commissioners to waive the term of his contract that would force him to refund 45 days of salary for quitting without notice. Instead, he asks that they implement the paragraph that would pay him 90 days compensation if terminated by commissioners: $26,254 in salary, plus $3,544 to cover his health and dental insurance premiums.
His contract allows commissioners to fire him without severance pay if he’s convicted of a felony or found guilty by commissioners of malfeasance in his duties as city manager.
City attorney Lauren Trible-Laucht said Thursday she did not believe Ottenwess’ actions reached the level of malfeasance in office.
The offer to resign came just hours after Ottenwess pleaded not guilty to four criminal charges in 86th District Court following a Feb. 16 incident when police responded to his home. Ottenwess was highly intoxicated, had torn up his home and thrown items at his mother and pushed his wife against a wall. Police reported he was threatening and aggressive towards them and tried to flee from the officers.
He was handcuffed and taken to Munson Medical Center, where he tried to bite one officer. He faces four misdemeanors: two counts of domestic violence and two counts of attempting to resist and obstruct police.
Mayor Michael Estes said he will encourage commissioners on Monday to accept the terms proposed by Ottenwess.
“The way I read everything it seems very clear each side will hold the other harmless and our expense is the equivalent of 90 days compensation,” Estes said. “It’s playing out essentially the way I would hope it would have on Monday. We are dealing with this issue in one meeting at which time we will name an acting city manager, sever our ties with Jered Ottenwess, and proceed to find a permanent city manager almost immediately.”
Estes said the only issue that leaves commissioners to consider is the involvement of the city police hierarchy and how they handled the Ottenwess case.
“Once I can sit down and understand all of the facts and how they developed I will make a decision on what degree to pursue this,” Estes said.
Estes said he will recommend commissioners elevate assistant city manager Penny Hill to the acting city manager position.
“I view this as a short-term measure that causes the least disruption with the rest of city staff and allows us to move rapidly to find a full-time replacement for the city manager’s job,” Estes said.
But some commissioners have expressed reservations about Hill, who told them Feb. 17 that Ottenwess had suffered a medical emergency. She repeatedly failed to share the knowledge she received from police about the Feb. 16 incident.
Traverse City Commission votes to accept Ottenwess resignation
UpNorthLive
March 02, 2015
Traverse City Commission votes to accept Ottenwess resignation
UpNorthLive
March 02, 2015
Traverse City commissioners met Monday night for the first time since city manager Jered Ottenwess was charged with two counts of domestic violence and two counts of attempted assault against a police officer.
Ottenwess submitted a letter of resignation on Friday and the commissioners accepted Ottenwess' letter of resignation with a vote of 6 to 1.
In the letter Ottenwess expressed, "I hereby resign from my position as City of Traverse City, City Manager, effective immediately with the condition that I receive severance compensation pursuant to paragraph 5(b) in my Employment Agreement," stated in Ottenwess' resignation letter. "The City will provide the equivalent of 90 calendar days of pay and 90 calendar days of health and dental premiums for policies in effect at the time of this resignation. These severance terms commence upon my resignation being accepted."
But some commissioners were not pleased with how it's been handled publicly.
"To me everything has been decided by the media as far as how this should proceed and the pressure brought by the media certainly on Mr. Ottenwess and his family has brought us to this point," said commissioner Tim Werner.
Jered Ottenwess' attorney spoke on his behalf saying he did not feel pressured to resign but it is what's best for him and his family.
"Clearly very disappointed that this happened," said attorney Matt Vermetten. "That this dream turned into the nightmare that it has and so he made this decision in large measure because I'm not quoting but because the city of Traverse City deserves to have somebody who can commit their full resources to the city and he cannot do that at this time."
"I hope that he gets the help that he needs and it's too bad it went down this way but we have to move forward," said commissioner Jim Carruthers.
Commissioners approved electing Penny Hill, current assistant city manager to serve as acting city manager until they find a permanent replacement.
"That sends a strong message to staff that she is supported in her role and we will assist in doing the job that needs to be done moving forward," said commissioner Jeanine Easterday.
Commissioners also approved creating an ad hoc committee to begin working on the search for a new permanent city manager.
City officials accept manager's resignation
Traverse City Record-Eagle (MI)
March 2, 2015
UPDATE: 7:56 p.m. — Assistant City Manager Penny Hill has been appointed acting city manager on a vote of 6-1, with Commissioner Ross Richardson voting "no."
TRAVERSE CITY — Traverse City commissioners voted 6-1 tonight to accept City Manager Jered Ottenwess' resignation as proposed.
Commissioner Tim Werner was the lone dissenting vote, saying he wanted to speak with Ottenwess first.
UPDATE: Ottenwess out, Hill is in
Traverse City Record-Eagle (MI)
March 2, 2015
TRAVERSE CITY — City commissioners accepted the resignation of Jered Ottenwess, appointed Assistant City Manager Penny Hill acting city manager, and granted absolution to city police and staff members who tried to keep knowledge of their former boss' drunken, criminally charged weekend quiet.
Commissioners voted Monday 6-1 to accept their city manager's resignation with Commissioner Tim Werner opposed. Werner blamed media scrutiny for forcing their city manager to resign and wanted an opportunity to meet with Ottenwess and discuss his future with the city.
But other commissioners didn't see any point because the resignation was offered without anyone asking.
"Mr. Ottenwess has asked for this, I don't see what denying it would accomplish," Mayor Michael Estes said.
Ottenwess’ offer for 90 days pay and health benefits was almost identical to what city commissioners would have to pay him under his contract if they decided to fire him, though they would have had to put him on 30 days of paid administrative leave first.
Ottenwess faces criminal misdemeanor charges of domestic violence and attempting to resist and obstruct police following a Feb. 16 incident when police responded to his home. Ottenwess was highly intoxicated, had torn up his home and thrown items at his mother and pushed his wife against a wall. Police reported he was threatening and aggressive towards them and tried to flee from the officers.
He was handcuffed and taken to Munson Medical Center, where he tried to bite one officer. Police reports indicate he has been binge drinking on weekends for about 10 months.
Ottenwess' attorney, Matthew Vermetten, told commissioners his client's decision to resign was not done in haste.
"He is getting the help he needs ... but this is not a short-term fix, this is a long-term fix," Vermetten said. "He made this decision, in large measure, because the City of Traverse City deserves to have somebody commit their full resources to the city and he cannot do that at this time."
Commissioners voted to appoint Assistant City Manager Penny Hill to the position of acting city manager despite Hill's failure to inform commissioners about Ottenwess' actions and the police response.
City Attorney Lauren Trible-Laucht wrote in a Feb. 22 memo to commissioners that Hill had been aware of the "totality of the circumstances" since Feb. 17 but chose not to act on or share her knowledge with staff.
Commissioner Ross Richardson voted against Hill's appointment, stating after the meeting he still considers the affair a cover-up. He pointed to the failure of Hill or Police Chief Mike Warren to inform the commission and the long delay before the police turned the incident over to the Grand Traverse County Sheriff for investigation.
But other commissioners defended city staff's actions.
"I don't see any substantial wrongdoing by any city staff involved," Estes said. "There may have been some oversights and judgment calls that weren't adhered to, but I can assure you that all of you would probable have made very similar decisions if you had been put in those positions. Ms. Hill and Chief Warren are employees of the city manager."
Commissioner Jim Carruthers said previously that mistakes may have been made but he defended staff members' handling of the incident.
"This is their boss, they had to be very careful if Jered recovered from this and makes his way back," Carruthers said. "This is their ... careers, they could jeopardize their jobs."
Commissioners Werner and Jeanine Easterday referred to the incident as a medical situation.
No commissioner ever mentioned the criminal charges Ottenwess faces.
Jered Ottenwess court hearing - March 5, 2015
Traverse City Record-Eagle
March 5, 2015
Ottenwess expected to plead today
Traverse City Record-Eagle (MI)
March 5, 2015
TRAVERSE CITY — Jered Ottenwess plans to plead guilty to two misdemeanors before 86th District Court Judge Thomas J. Phillips today at 3:30 p.m.
Ottenwess, Traverse City's former manager, originally pleaded not guilty to four misdemeanors -- two counts each of domestic violence and attempting to resist and obstruct police -- after a Feb. 16 incident during which police were called to his home.
Officers came upon a drunken, aggressive Ottenwess, who had to be tackled and handcuffed before authorities took him to Munson Medical Center, according to police reports. Police on scene did not arrest Ottenwess and for days city police officials characterized the incident at Ottenwess' house as only a medical emergency.
Ottenwess' attorney Matt Vermetten said his client will plead to one count of domestic violence and one count of attempting to resist and obstruct police.
"It's the best decision for Jered and his family," Vermetten said.
Prosecutors charged Ottenwess with the four misdemeanors after sheriff's endearment detectives launched their own investigation in to what transpired at the Ottenwess' Fifth Street home.
UPDATE: Ottenwess pleads no contest
Traverse City Record-Eagle (MI)
March 5, 2015
TRAVERSE CITY — A pair of court appearances in one day brought former Traverse City Manager Jered Ottenwess closer to a sentence for a violent and drunken incident at his home.
Ottenwess, 36, pleaded no contest Thursday afternoon in 86th District Court to one count each of domestic violence and attempted resisting, obstructing or assaulting a police officer.
The plea came three days after Traverse City commissioners accepted his resignation, and hours after a pretrial hearing at which Judge Thomas J. Phillips denied Ottenwess permission to contact his family.
Phillips stood by his decision during the plea hearing.
"We'll consider that at sentencing," he said, citing troublesome passages in a police report.
Ottenwess initially had four misdemeanors leveled against him after a Feb. 16 incident during which police were called to his Fifth Street home. Officers came upon a drunken, aggressive Ottenwess, who had to be tackled and handcuffed before authorities took him to Munson Medical Center, according to police reports.
Ottenwess' attorney Matthew Vermetten said Ottenwess made the plea because he's in a rehabilitative facility.
"He wants first and foremost to be healthy," Vertmetten said. "That's what he needed to have done. That's why he did what he did in his employment."
City commissioners referred to Ottenwess’ plea to criminal charges as unfortunate, but hope their former employee can move forward with his life. Ottenwess served as Traverse City manager a few months short of two years.
"It's a tragedy, and the whole situation is very unfortunate," said city Commissioner Ross Richardson. "They may be misdemeanors but they are pretty serious misdemeanors and he just has to figure out what he needs to do to move forward."
Mayor Michael Estes said it the plea agreement closes another page in the episode, similar to his Monday resignation.
"For Jered, it will move him out in whatever direction he wants his life to take now,” Estes said. “But it's unfortunate."
Commissioner Jeanine Easterday said Ottenwess is no longer a city employee, and said she's not sure the incident qualifies as an embarrassment for the city.
"You wish it didn't happen because you don't appear in your best light," she said. "But it doesn't imply anyone did anything wrong."
Traverse City police Officer Mark Witczak and Ottenwess' wife are listed as the victims in his respective attempted resisting arrest and domestic violence pleas.
Assistant Prosecutor Kyle Atwood didn't object to the plea during the hearing.
"Based upon the defendant's elevated (blood-alcohol content) at the time of the offense, we would not object to no contest," he said.
Vermetten said part of Ottenwess' treatment includes a family counseling session, and he asked Phillips if he'd allow Ottenwess to meet with his wife. Phillips said he'd have to see some information about the program before he'd allow it.
A sentencing hearing is scheduled for March 16 at 1:30 p.m. Attempted resisting a police officer carries a maximum penalty of one year in jail.
Former Traverse City manager pleads no contest after alleged drunken encounter with police
MLive
Mar. 05, 2015
TRAVERSE CITY, MI -- Jered Ottenwess, the former city manager of Traverse City, has pleaded no contest to two misdemeanors in the wake of an episode of alleged drunkeness and destruction at his home.
Ottenwess, 36, entered the two pleas Thursday, March 5, in Grand Traverse County District Court.
He is to be sentenced March 16 on one count of domestic violence and one count of attempted assault/resisting and obstructing an officer.
Ottenwess resigned his position with the city on Feb. 27.
Police went to Ottenwess' home Feb. 16 after his mother called 911 to say he was intoxicated, aggressive and causing destruction.
Later, after Ottenwess was taken to the hospital to be checked, he struggled with officers trying to restrain him.
Judge denies Ottenwess request to contact wife
Traverse City Record-Eagle (MI)
March 5, 2015
TRAVERSE CITY — Jered Ottenwess won't be allowed any contact with his family this week, but he will be allowed to spend a night in the home he previously shared with his wife and three children before his next court date.
Ottenwess, Traverse City's former manager, faces four misdemeanors leveled against him after a Feb. 16 incident during which police were called to his home. Officers came upon a drunken, aggressive Ottenwess who had to be tackled and handcuffed before authorities took him to Munson Medical Center, according to police reports. He pleaded not guilty to two charges of attempting to resist and obstruct police and two counts of domestic violence, one each against his wife and mother.
Ottenwess appeared before 86th District Court Judge Thomas J. Phillips today, three days after Traverse City commissioners accepted his resignation from his post as the city's top administrator.
His attorney Matthew Vermetten addressed a host of questions about his client's bond conditions during the appearance.
Vermetten asked Phillips if Ottenwess could visit his Fifth Street home -- the scene of the Feb. 16 domestic violence report and subsequent police encounter -- to collect some personal items before he returns to a treatment facility in Grand Rapids. Vermetten also sought permission for Ottenwess to stay in the home the night before his next scheduled court appearance on March 12.
Ottenwess' wife and three children no longer live at the residence.
Phillips granted both requests after Grand Traverse County assistant Prosecutor Kyle Attwood did not object.
Attwood, though, did object to a third request from Vermetten: that Ottenwess be allowed to contact his wife by email and text message to discuss financial matters and issues related to their children.
Phillips said it was too soon in the case to permit Ottenwess to contact his wife. He also said he would not allow Ottenwess to bring his wife to family counseling sessions at the Grand Rapids treatment center.
"That's not going to happen," Phillips said.
Vermetten after the hearing called the proceedings "pretty straight forward."
Ottenwess is due back in court March 12 at 9 a.m.
Prosecutor orders investigation in police handling of Ottenwess incident
Traverse City Record-Eagle (MI)
March 5, 2015
TRAVERSE CITY — Authorities are investigating the Traverse City Police Department's handling of a Feb. 16 incident at the home of former city Manager Jered Ottenwess.
Grand Traverse County Sheriff Tom Bensley confirmed that county prosecutors asked sheriff’s detectives to investigate “any wrongdoing” on the part of city police during the Ottenwess incident and aftermath.
Bensley declined to discuss details of the investigation.
“We’ve been asked to look in to it,” Bensley said. “We will and that’s that.”
Mayor Michael Estes said Acting City Manager Penny Hill informed city commissioners of the investigation today about noon, but Hill had no further details.
"Is there a major problem? I think we are going to find out pretty soon," Estes said. "I don't think there is a problem with the rank and file that do the job every day, but is there a problem with the upper echelon? That is what we are going to find out."
Traverse City police officers came upon a drunken, aggressive Ottenwess when they responded to a 911 call from his mother on Feb. 16. Ottenwess had to be tackled and handcuffed before authorities took him to Munson Medical Center, where he attempted to bite a police officer, according to police reports.
Police on scene did not arrest Ottenwess and for days city police Capt. Mike Ayling and Chief Mike Warren characterized the incident at Ottenwess' house only as a medical emergency.
They waited three days until speaking about the matter with Grand Traverse County Prosecutor Bob Cooney, who directed them to turn it over to the sheriff's department to investigate Ottenwess for potential crimes.
Ottenwess resigned as city manager on Monday, and today pleaded guilty in district court to domestic violence and resisting a police officer.
UPDATE: TC police leaders probed
Traverse City Record-Eagle (MI)
March 5, 2015
TRAVERSE CITY — Traverse City police leaders today find themselves in an unusual and uncomfortable position: They're the subject of a criminal probe prompted by their handling of a Feb. 16 incident at then-city Manager Jered Ottenwess' home.
Grand Traverse County Prosecutor Bob Cooney said he asked county sheriff's officials to investigate the city police department. Cooney said he wants to know if city police failed in their duty to act on Ottenwess' possible criminal behavior.
City police responded to a 911 call the afternoon of Feb. 16. Ottenwess' mother reported her son was on a four-day alcohol binge and had attempted to assault her. City police did not arrest Ottenwess or investigate or report any possible crimes, and instead shepherded the heavily intoxicated Ottenwess to Munson Medical Center.
"I asked them to see if there was any wrongdoing on the part of the police officers involved in the decision making," Cooney said. "I have a concern whether there was a possible willful neglect of public duty ... along with other potential offenses we could look at."
Traverse City police came upon a drunken, profane, and aggressive Ottenwess when they responded to his house. Ottenwess had to be tackled and handcuffed before authorities took him to Munson, where he attempted to bite a police officer, according to police reports. Those same reports also showed he pushed his wife and threw things at his mother.
For days, city police Chief Mike Warren and Capt. Mike Ayling characterized the incident at Ottenwess' house only as a medical emergency.
But on Feb. 19 Cooney learned of the incident and directed city police to hand off the Ottenwess case to the sheriff's department. On Feb. 26 Cooney authorized four misdemeanor criminal charges against Ottenwess, who on Monday resigned as city manager.
On Thursday Ottenwess pleaded guilty in district court to misdemeanor counts of domestic violence and attempted resisting a police officer.
Ayling on Feb. 27 denied city police committed any wrongdoing.
“I think that’s a ridiculous question,” Ayling said. “I don’t think there was anything inappropriate done. If you do, get it out and probe it away.”
Ayling declined to discuss the investigation on Thursday. He said he was out of town and would discuss it on Monday.
Cooney said he asked deputies to investigate the "whole situation" and did not specify any potential targets in the city police department.
"That would be getting too specific at this point," Cooney said. "I'm just asking the sheriff to give me all of the facts. I don't know if there was any wrongdoing at this point."
Cooney added he spoke with Warren on Thursday and Warren pledged to cooperate with the investigation. Warren declined to comment for this story through a police captain.
Sheriff Tom Bensley declined to discuss details of the investigation.
“We’ve been asked to look in to it,” Bensley said. “We will and that’s that.”
Mayor Michael Estes said city commissioners were informed of the investigation on Thursday but had received no details.
"Is there a major problem? I think we are going to find out pretty soon," Estes said. "I don't think there is a problem with the rank and file that do the job every day, but is there a problem with the upper echelon? That is what we are going to find out."
Estes defended Warren, noting he was not the one who responded to the call and didn't find out about it until later.
A city patrol officer and sergeant responded to the original scene and Ayling later arrived at Munson in a supervisory capacity. Ayling subsequently made many of the decisions that played out over the next few days and termed the situation a medical matter. He referred Ottenwess' wife to a local attorney and later told her he was trying to help Ottenwess keep his job, police reports show.
Ottenwess, as city manager, directly supervised the police department. City officials confirmed Warren has spoken with the city human resources person about retirement prior to the incident with Ottenwess on Feb. 16, but had not taken any formal action.
Commissioner Jim Carruthers said there have been rumors floating around that Warren planned to resign for the last couple of years and the assumption has always been one or both of the city's two captains would be candidates to succeed him.
Estes said he expects the acting city manager to address issues with the city police department before the next city commission meeting on March 16 or he expects city commissioners to act.
"Under the city charter we can't get involved per se with employees of the city until after the city manager has a chance to act," Estes said. "But we have a means to address the issue with the city manager, dealing directly with the city manager."
Ex-official pleads no contest in alcohol incident
Detroit News
March 06, 2015
Traverse City — A former city manager has pleaded no contest to misdemeanor charges in an alcohol-related incident at his Traverse City home.
Jered Ottenwess is charged with domestic violence and attempted resisting, obstructing or assaulting a police officer. He entered his plea Thursday, three days after Traverse City commissioners accepted his resignation. The judge denied his request to contact his wife and children, who are staying with family downstate.
Police were called Feb. 16 after Ottenwess’ mother reported he had been drinking for four days and “ripping up our house.”
Officer Mark Witczak says he was poised to use his Taser after Ottenwess clenched his fists. He says Ottenwess then “fell to his knees and started to cry.”
Sentencing for Ottenwess is scheduled on March 16.
Editorial: City looks to commission to provide leadership
Traverse City Record-Eagle (MI)
Author/Byline: Staff Writer
March 7, 2015
Traverse City commissioners can grant city police and staff members who tried to cover up Jered Ottenwess’ drunken weekend and his assaultive behavior all the “absolution” they want. But don’t expect city residents to do the same.
This is no time for the City Commission to absolve anyone of anything. The city’s elected leadership must first determine who knew what, when they knew it and what they did with that knowledge before letting anyone off the hook. Absolving well-paid professionals of any wrongdoing before knowing the details is bad public policy.
While it is not the commission’s job to micromanage or to hire and fire department heads, it is the commission’s job to speak out when there are questions about how key city employees performed in a time of crisis like this one.
Commissioners could well expect the assistant city manager, for instance, to immediately inform the City Commission what she knows when the city manager is incapacitated and off the job and she’s been briefed by the police.
Assistant City Manager Penny Hill knew for seven days that Ottenwess had been handcuffed and taken to Munson Medical Center, but told city officials only that he had a “medical emergency” Feb. 16 and would not return to work for several weeks.
In fact, commissioners didn’t know any details of what had transpired until Monday, Feb. 23, when - after a week of inquiries - they learned that Ottenwess was the subject of a disorderly person complaint. Until then, the only word was that he would be hospitalized for up to a week.
On that Monday, city attorney Lauren Trible-Laucht sent them an email about Ottenwess’ absence that she asked remain confidential.
Commissioners voted March 3 to appoint Hill to the position of acting city manager in the face of her many failures.
Trible-Laucht wrote in a Feb. 22 memo to commissioners that Hill had been aware of the “totality of the circumstances” since Feb. 17. The “totality of the circumstances” presumably includes the fact that Ottenwess was handcuffed, tried to run from police and later tried to bite an officer during an altercation at Munson Medical Center. But Hill chose not to act on or share whatever knowledge she got from city Police Chief Mike Warren with city commissioners.
A couple commissioners sympathized with Hill, noting that she worked for Ottenwess. That’s simply not the case. In fact, Hill and the city attorney and the city police chief - all of whom withheld information - work for the city and city taxpayers. Hill and police chief Mike Warren report directly to Ottenwess, but their loyalty must lie with residents and taxpayers. And commissioner should stand up and say so.
Commissioners were essentially the last to know many of the details, and that’s not acceptable. They weren’t informed of the 911 call. They weren’t told of their police department’s involvement. They weren’t told the county prosecutor and police decided days after the incident to hand off the case to county sheriff’s officials.
Yes, the commission is ready to launch a search for a new city manager, and that’s a good thing. But the city’s elected leadership must make it clear this kind of behavior is not acceptable, at any level of leadership. And the time to do that was when they were offering absolution to those who apparently failed them and the city.
This was a test of who the city can rely on to do the job, and a lot of people failed - badly - and must be held accountable. This incident blew up because those whose job it was to tell the truth chose silence. It’s time for the City Commission to break that silence and tell taxpayers in plain terms what happened. No cover up, no half truths, no evasion.
No one takes any pleasure in Ottenwess’ situation or the long road he faces to deal with his problems. But he has resigned, and as far as the city is concerned, he is no longer their problem.
The people who remain are the city’s problem, and the commission must make it clear their actions were unacceptable and hold them accountable.
Law outlines domestic violence investigation procedures
Traverse City Record-Eagle
Mar 7, 2015
TRAVERSE CITY — City police did not write reports, document property damage or communicate with prosecutors for days after they intervened in a domestic violence incident at the home of Traverse City's top administrator, even though all three actions are required by state law.
Now Traverse City police department officials are the target of a Grand Traverse County sheriff's criminal probe into how they responded to a Feb. 16 domestic violence incident at the Fifth Street home of then-city Manager Jered Ottewness.
Ottenwess resigned last week and on March 5 pleaded no contest in 86th District Court to misdemeanor charges of domestic violence and attempting to resist and obstruct police.
Ottenwess' conviction on the domestic violence charge came a little more than three weeks after Ottenwess' mother called 911 and told a dispatcher her son was belligerently drunk, tearing up their house and had tried to hit her.
Top city police officials for days framed the incident at Ottenwess' home as strictly a "medical" situation, and said they didn't have evidence of a crime.
City police reports offer no indication that officers collected or listened to a recording of Ottenwess’ mother’s 911 call. The department’s own domestic violence response policy instructs officers to collect 911 call recordings as evidence.
Sheriff’s department reports suggest that was the first step taken by sheriff’s detectives when they launched their investigation.
Legal requirements
Collecting the 911 recording wasn't the only investigative step neglected by city police officers, who for days failed to write incident reports or inform Grand Traverse County Prosecutor Bob Cooney about what happened at Ottenwess' home.
Michigan's Code of Criminal Procedure requires police to complete a standardized report after they investigate or intervene in a domestic violence incident. The code also requires police to forward such reports to local prosecutors within 48 hours of the incident.
Mary Keefe, executive director at the Michigan Coalition to End Domestic and Sexual Violence, said the legal requirements for completing standardized reports and sending them to prosecutors grew out of a collaborative effort between law enforcement agencies, victim advocacy groups and judicial system officials that started more than 20 years ago.
"Historically, in cases of family violence, there is evidence both from victims, the experience of advocates, and research that shows domestic violence was not treated as seriously as it would have been had it been a non-family matter," Keefe said.
Keefe was one of many people who helped draft legislation starting in the mid-'90s that was intended to promote common practices and a better understanding of how police departments and the justice system in general should address domestic violence crimes.
The current Michigan statutes that grew from that movement requires that standardized domestic violence reports contain, among other things, information about whether the incident involved alcohol, a narrative of what transpired and "a description of property damage reported by the victim or evident at the scene."
Officers who responded to Ottenwess' home didn't complete reports until Feb. 20 -- the day after they told Cooney about their Feb. 16 response to Ottenwess' house. Cooney then directed the sheriff's department to investigate Ottenwess.
Cooney declined comment for this story.
Reports within 48 hours
Benzie County Prosecutor Sara Swanson would not comment on the Ottenwess case, but she said police officers generally should write reports as soon as possible after an incident. That's the best way to accurately document physical evidence, including bruises and scratches; gauge victims' emotional conditions in the wake of an incident; and ensure that crime scenes are properly documented before they're altered or cleaned up.
Swanson added she expects such reports after law enforcement officers in her county respond to a domestic violence crime.
"And we do get reports within 48 hours," she said.
Traverse City Police Chief Mike Warren and Capt. Mike Ayling painted the events that transpired at Ottenwess' home as a medical emergency for more than a week. Ayling contended that both officers at the scene and Ottenwess' wife told him no assault occurred during the incident.
Keefe, though, said law enforcement officers in Michigan are trained to know that's it's not uncommon for domestic violence victims to downplay the facts of a crime. That's why police should do a full investigation and forward the findings to a prosecutor, she said.
"Laws were written with the understanding that that is a common part of these investigations," she said.
Traverse City police Capt. Jeff O’Brien on Friday said Chief Michael Warren was off for the day and wouldn't comment on the probe.
“I was told to say there’s no comment at this time,” O’Brien said.
O’Brien said the police department is not conducting an internal investigation of its officers' behaviors.
“No, we’re going to cooperate with that investigation that the sheriff’s department is doing,” he said.
Grand Traverse County sheriff’s Capt. Randy Fewless said the probe is just beginning.
“We’re taking steps to proceed with the investigation,” he said.
Editorial: TC needs police leadership changes
Traverse City Record Eagle
Mar 12, 2015
The issue: Traverse City Police Department's handling of Ottenwess incident
Our view: Corruption, not mere incompetence
The Traverse City Police Department's attempted cover-up of crimes committed by Jered Ottenwess during the then-city manager's drunken, violent meltdown Feb. 16 can't be chalked up to garden-variety incompetence.
No, their handling of Ottenwess is textbook public corruption. City police, led by Capt. Mike Ayling, worked mightily to ignore evidence of Ottenwess' criminal behavior and instead tried to portray him as a victim of a medical emergency, an attempted subterfuge that spiraled beyond Keystone Kops buffoonery to something much darker.
Ayling and crew willingly looked away from the real potential victims - Ottenwess' mother, wife, children and his fellow police officers (!) - all in a frantic, laws-and-ethics-be-damned effort to keep the city manager clean. Ottenwess directly supervised the police department, mind you, and word is Ayling fancied himself the heir apparent to city police Chief Mike Warren, whose expected retirement this year should be accelerated, thanks to this most recent embarrassment.
Now Ayling and other city police officers are subjects of a criminal investigation ordered by Grand Traverse County Prosecutor Bob Cooney, and rightly so. County sheriff's deputies are assigned the task.
A thorough review of the Traverse City Police Department - both by law enforcement and city leaders - is long overdue, since the Ottenwess scandal is far from their first such cover-up attempt in recent years.
In 2006, Traverse City police ran interference for then-city Commissioner Rick Csapo after Csapo drunkenly banged his wife's head off a West Front Street building window. Csapo - a retired sheriff's deputy and then-labor union liaison for local law enforcement - had been drinking for hours and angrily lashed out at responding city police, even as they tried to save his skin.
City police allowed Csapo to go along his merry way that night, but several people witnessed the assault and reported it to the prosecutor's office; Csapo ended up with a criminal conviction and resigned from the city commission.
City police did not make Csapo submit to blood-alcohol tests, and they did not arrest him at the scene, despite witnesses who immediately told them what happened. The convoluted thinking in the Csapo case - that city police tried to "help" him - dovetails with their grievous behavior in the Ottenwess incident and flies in the face of domestic violence laws that require police to take those crimes seriously. Ayling and other city police who don't understand or respect laws designed to address domestic violence ought to take up a new line of work.
City police also poorly handled their end of a probe into a drunken, assaultive incident involving city officer Joseph Soffredine in 2010, when they bent over backward to save his skin. Finally, city police, during last year's National Cherry Festival, decided the public had no business knowing about a violent assault on a homeless man that left him dead. Ayling lashed out at the Record-Eagle when the newspaper reported the man's death. Perhaps he thought such news an unpalatable accompaniment to Gibby's Fries.
Ayling did not order officers to photograph or secure the scene at Ottenwess' house for a potential criminal probe, though responding officers saw and were subjected to enough to know better.
They didn't listen to 911 calls from Ottenwess' mother, and they didn't share the information with Cooney until days later, despite Ayling's knowledge by Feb. 17 that a domestic assault may have occurred. With their actions he and other officers effectively conspired to hamstring the sheriff's department's subsequent criminal probe that nonetheless resulted in Cooney's decision to charge Ottenwess, who quickly pleaded no contest to two crimes.
There's no telling how many times city police have successfully covered up crimes committed by fellow cops, public officials or others they deem more important than Joe Public, but such corruption must end now. Big changes are necessary atop the Traverse City Police Department, ad soon.
UPDATE: Probe of TC police continues
Traverse City Record-Eagle (MI)
March 13, 2015
TRAVERSE CITY — Grand Traverse County law enforcement officials promise a "thorough" investigation into whether Traverse City police failed in their duty to act on criminal activity by former city Manager Jered Ottenwess.
The probe requested by Grand Traverse County Prosecutor Bob Cooney late last month likely won't be completed for at least another week, despite initial hopes it'd be wrapped sooner, said Undersheriff Nate Alger. That's because the lead investigator — Lt. Brian Giddis — will be attending previously scheduled training next week.
Alger said the investigation's nature — a probe into another law enforcement agency's handling of a potential crime by then-city Manager Ottenwess, 36 — means another detective can't just step into Giddis' shoes.
"It is important and it needs to be done correctly," Alger said.
Cooney said he doesn't think the delay will hinder the investigation.
"I'd like things resolved quickly, but my main concern is that there's a thorough and complete investigation being done," he said.
The investigation focuses on how Traverse City police and city officials responded to a 911 call on Feb. 16 that sent two officers to Ottenwess' house, where they found him drunken, profane and combative.
Ottenwess' mother told a dispatcher her son tore up his house and had tried to hit her, but city police reports offer no indication officers listened to or collected the 911 call -- a key step in time-sensitive domestic violence investigations.
City officers didn't conduct several other investigative steps required by law in domestic violence cases. Police officials continued to frame the Ottenwess situation as a medical issue, even after prosecutors charged Ottenwess with crimes. Those charges came after sheriff's detectives conducted their own investigation, a move that came after city police informed Cooney of the incident days after it occurred.
Cooney also directed sheriff's officials to investigate how city police handled their investigation into the incident at Ottenwess' house.
Ottenwess resigned from his post and pleaded no contest in 86th District Court to misdemeanor charges of domestic violence and attempting to resist and obstruct police. He's scheduled for a sentencing hearing March 16 in 86th District Court. His attorney Matthew Vermetten declined to comment on the hearing.
"We're continuing to work on aspects relative to that issue," Vermetten said.
Vermetten said sheriff's investigators contacted him about the probe into city police, but haven't talked to Ottenwess. He said he doesn't know if Ottenwess will be interviewed.
"They've talked to me," he said.
Giddis said the investigation and a widening circle of interviews dominated his time this week.
"I have not been dragging my feet on it at all," he said.
Alger pledged a "thorough" investigation and said it may include interviews with city government officials.
Acting city Manager Penny Hill learned about the incident a day later, on Feb. 17, from city police Chief Michael Warren, but only told commissioners that Ottenwess' family said he'd be away from work for a week because of a medical emergency. Hill didn't return a call for comment.
Cooney said he didn't tell investigators where to direct their probe. He said witnesses may be interviewed without being considered suspects.
"I don't want to rule anything out," he said. "I didn't give the investigators any direction in terms of any one particular person or organization. We need to know who knew what and when."
Several city commissioners, who said they have not been contacted by sheriff's investigators, said they await the probe's conclusion. Commissioner Barbara Budros said she wants to know if police followed protocols for handling domestic violence cases.
"I would hope that we will know how the incident was handled, whether it was handled appropriately or not," she said.
Former Traverse City manager strikes plea deal
UpNorthLive
March 15, 2015
Former Traverse City Manager, Jered Ottenwess, pleaded no contest to one count of domestic violence and one count of attempted assault on Thursday.
Ottenwess' two other charges will be dropped. A no contest plea is treated like a guilty plea at sentencing.
Ottenwess was charged with two counts of domestic violence and two counts of attempted assault against a police officer.
Now, the Grand Traverse County Prosecutor is asking Grand Traverse County Sheriff's Department to investigate the way Traverse City Police handled the Ottenwess investigation.
Police were called to Ottenwess' home Feb. 16 after a woman called 911 saying he had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
Earlier in court on Thursday, the judge approved a bond modification to allow Ottenwess to pick up personal belongings and stay at his home a couple of days before the pretrial.
Ottenwess also asked to have communication with his wife and children. The judge denied that request saying it was too early in the process.
Currently, Ottenwess' wife and children are staying with family downstate.
Ottenwess' sentencing is scheduled for March 16.
UPDATE: Ottenwess sentenced to 730 days of probation
Traverse City Record-Eagle (MI)
March 16, 2015
TRAVERSE CITY — Former Traverse City Manager Jered Ottenwess called himself "grateful" to stand before 86th District Court Judge Thomas J. Phillips.
"It may seem paradoxical given the circumstances, but I am grateful because I have the opportunity for redemption," he said Monday during a sentencing hearing. "I behaved reprehensibly and caused terrible suffering for my family. I accept full and unequivocal responsibility for my actions."
An alcohol-fueled incident brought Ottenwess, 36, into Phillips' courtroom, and drastically affected his life and career. Ottenwess, since the Feb. 16 altercation, resigned his position as city manager, entered a treatment program and pleaded no contest one count each of domestic violence and attempted assault of a police officer.
Phillips sentenced Ottenwess to 730 days of probation. Grand Traverse County Prosecutor Bob Cooney called the sentence "typical" of how local judges treat domestic violence cases, but noted the term of probation is about twice as long as usual.
"I think that probably had something to do with alcohol dependency and level of assaultive behavior in this case," he said.
Police officers found a profane and aggressive Ottenwess on Feb. 16 when they responded to a 911 call from his house. Police reports state that he pushed his wife, threw things at his mother and had to be tackled and handcuffed before authorities took him to Munson Medical Center, where he attempted to bite a police officer.
The case also spurred Cooney to request a probe by Grand Traverse County sheriff's investigators into how Traverse City police initially responded to the incident. City police officials didn't inform prosecutors about the incident for days and continued to refer to it as a medical issue.
Grand Traverse County sheriff's Capt. Chris Clark said investigators are continuing their probe.
Ottenwess' wife, who was listed as the victim in his no contest plea to domestic violence, told Phillips she didn't see what happened on Feb. 16 as a domestic violence incident.
"This is an alcoholism issue," she said. "I do not feel I am the victim of a domestic violence crime. My children and I are victims of what the system has done to my husband and our family. My family has suffered immense trauma and pain as a result of the local media and the criminal investigation."
Cooney noted that Ottenwess did plead to a domestic violence charge. He said that Ottenwess' wife's statements are similar to those given by other victims in the 400 domestic violence cases his office handles every year.
Phillips said domestic violence is an intrusive area of law and he understood why Ottenwess' wife felt as she did.
"I feel she is not happy with the system, but I hope that when the defendant completes his probation she'll look back at it a bit differently than she looks at it today, " he said. "That's my hope. That happens often."
Phillips credited Ottenwess for seeking help after the incident and said he should continue his current treatment program. He said Ottenwess must undergo twice-daily alcohol testing, attend a 12-step program five days a week and undergo a batterer's intervention program. He also lifted a no contact provision between Ottenwess and his family.
Ottenwess' attorney Matthew Vermetten said he found the sentence to be fair. Vermetten said in court that he hoped the case would ultimately lead to a positive change in Ottenwess' life.
"In no small measure, I believe that this is a good thing," he said.
Former Traverse City manager sentenced to probation
UpNorthLive
March 16, 2015
Mon, 16 Mar 2015 18:22:28 GMT — Former Traverse City Manager Jered Ottenwess was sentenced Monday to two years of probation for one count of domestic violence and one count of attempted assault.
"I behaved reprehensibly," said Ottenwess. " I cause terrible suffering for my family and I except full and unequivocal responsibility for my actions."
Ottenwess' wife spoke at the sentencing saying she believes it's a personal issue and should have stayed out of the court.
"I do not feel I am the victim of domestic violence crime," said Kristina Ottenwess. "My children and I are victims of what the system has done to my family. My family has suffered immense trauma and pain as a result of the local media and this criminal investigation."
As part of his probation guidelines, Ottenwess can't consume any alcohol or drugs, have firearms, or have those items in his house. Ottenwess' also cannot enter a bar or anywhere that serves alcohol. Ottenwess will continue the program he's is on now and will have five meetings a week, batterers intervention program, drug testing twice a month, as well as alcohol testing twice a day.
Ottenwess' no contact provision has been lifted so he can have contact with his wife.
Ottenwess was facing up to a year behind bars.
Ottenwess pleaded no contest to those charges March 5 and his two other charges were dropped.
Police were called to Ottenwess' home Feb. 16 after a woman called 911 saying he had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
According to a criminal complaint released late Thursday afternoon, Ottenwess assaulted his wife and another female in the home. Ottenwess is also accused of trying to assault two Traverse City Police Officers.
Former Traverse City manager sentenced after drunken encounter with police
MLive
Mar. 17, 2015
GRAND TRAVERSE COUNTY, MI -- Former Traverse City manager Jered Ottenwess was sentenced Monday to two years of probation for domestic violence and attempted assault of a police officer and could have his record sealed from public view.
Police responded to Ottenwess' home Feb. 16 after his mother called 911 to say he was tearing up the house.
When police arrived, one officer noted Ottenwess was extremely intoxicated and struggling to stand. He transitioned between moments of crying and loud laughing and ran through his yard with bare feet and no coat, the officer wrote in a police report.
The officers handcuffed Ottenwess and placed him into an ambulance, where he said he was going to "(expletive) kill" one of the officers. He was placed in restraints at the hospital, the police report said.
According to the report, a blood-alcohol test showed a level of 0.39, nearly five times the legal driving limit of 0.08.
As part of his probation, Ottenwess must submit to regular alcohol and drug testing, finish an an alcohol treatment program and take part in a 26-week batterers intervention program looking at the root causes of domestic violence, Grand Traverse Prosecutor Bob Cooney said.
Michigan law allows defendants who have not previously been convicted of an assaultive crime to defer sentencing pending the successful completion of probation in a first-time case of domestic violence. Once probation is completed successfully, the court can dismiss the proceedings against that person without adjudication of guilt.
Ottenwess will have this opportunity, and unless he violates probation and is found guilty, his court record pertaining to the domestic violence case will not be public, per state guidelines, Cooney said.
Cooney called Ottenwess' probation a standard sentence, and said he sees similar penalties in about 400 cases of domestic violence each year. Typically, the term of probation is only one year, Cooney said, but in the case of Ottenwess, the two years was likely given because of a high blood-alcohol content and the level of assaultive conduct.
Ottenwess earlier pleaded no contest to the charges and has resigned from his position as the Traverse City manager.
Criminal charge requested against Traverse City Police captain
UpNorthLive
April 02, 2015
Criminal charge requested against Traverse City Police captain
UpNorthLive
April 02, 2015
Thu, 02 Apr 2015 15:07:38 GMT — Captain Mike Ayling of Traverse City Police could face criminal charges for his handling of the Jered Ottenwess investigation.
Grand Traverse County Sheriff's Office has requested one charge of willful neglect of public duty against Capt. Ayling. In a statement by Chief Michael Warren of Traverse City Police Department, "Captain Michael Ayling remains in his assigned position as Division Commander of Patrol."
This request has been handed to Prosecutor Bob Cooney Wednesday afternoon who requested a special prosecuting attorney due to a potential conflict of interest. That request was approved Thursday by the Attorney General appointing Jim Rossiter, Antrim County Prosecutor, as special prosecutor regarding Mike Ayling.
"I did get to personally review the report and I do believe our Sheriff and in particular Lt. Giddis and Lt. Barsheff did an outstanding job of conducting a full thorough investigation of the matter," said Prosecuting Attorney Bob Cooney.
Police were called to the home of Jered Ottenwess, former Traverse City manager, on Feb. 16 after a woman called 911 saying Ottenwess had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
Traverse City Police responded to the home. According to Grand Traverse County Central Dispatch, the incident was reported to police as a disorderly call.
Cooney was not notified about the situation until days after when Traverse City Police went to his office, asking him whether or not he thought that a crime had been committed.
"Normally I wouldn't be notified three days later about whether to conduct an investigation or not," said Cooney. "I'm not notified of every investigation that goes on. But it's unusual that I would be contacted about whether to conduct an investigation three days after the fact. Obviously it makes our job a lot more difficult."
Cooney says a report was not made by Traverse City Police. As to why, Cooney says he was given the explanation by city police officers that it was a medical incident, despite central dispatch labeling it as a disorderly call.
Based on the information he was given, Cooney says he immediately advised that everything be forwarded to the Grand Traverse County Sheriff's Office for an investigation.
Grand Traverse County Sheriff, Tom Bensley, says they too were notified about the incident on Thursday, and says that they immediately began investigating.
7&4 News asked multiple times to speak with Traverse City Police back in February but they declined to answer any of our questions about their initial investigation.
The ultimate decision is up to the prosecutor whether to authorize charges against Capt. Ayling and what those charges are going to be.
Ayling called ex-Chief Soffredine for Ottenwess advice
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — Traverse City police Capt. Mike Ayling called retired city police Chief Ralph Soffredine for advice about handling a situation that involved a drunken and violent city official.
Soffredine acknowledged he spoke with Ayling on Feb. 16, after a disturbance at former city Manager Jered Ottenwess' house.
That phone call to Soffredine, who retired as Traverse City's police chief in 2003 after 21 years with the department, is one aspect of Ayling's conduct that Grand Traverse County sheriff's investigators looked into during a month-long probe into how city police responded to the incident.
Investigators on Wednesday submitted a report to Grand Traverse County Prosecutor Bob Cooney that requested a willful neglect of duty charge against Ayling, a misdemeanor crime that Soffredine doesn't believe applies to the situation Ayling described to him.
"I think it's ridiculous," Soffredine said.
Soffredine said Ayling contacted him with concerns about a drunken Ottenwess, who had to be tackled and handcuffed, eventually being released from Munson Medical Center. He said Ottenwess' .395 percent blood-alcohol content made the matter a "medical situation" first.
"They could always come up with a charge later on," Soffredine said, though he acknowledged state law requires police to investigate and submit reports to prosecutors within 48 hours of a suspected domestic violence incident.
City police officers did not complete any reports until after Grand Traverse County Prosecutor Bob Cooney learned about the situation on Feb. 19. Cooney directed sheriff's detectives to take over the investigation and Ottenwess eventually pleaded no contest to domestic violence and attempted assault of a police officer.
Soffredine said Ayling told him a phone had been ripped from a wall at Ottenwess' house, but not about a reported shove or anything else that indicated domestic violence took place. He didn't believe Ayling knew about those facts.
"There was no cover up with this," he said.
Investigation into city police complete
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — A month-long probe into how Traverse City police handled an incident at the former city manager's house is complete.
Grand Traverse County Prosecutor Bob Cooney last month directed county sheriff's detectives to investigate whether city police officials broke the law when they failed to properly investigate a domestic violence situation at Jered Ottenwess' home on Feb. 16.
Grand Traverse County Sheriff Tom Bensley said he delivered investigators' findings to prosecutors late Wednesday. He declined to comment on any requested charges.
Ottenwess later pleaded no contest to misdemeanor criminal charges of domestic violence and attempted resisting, obstructing or assaulting a police officer and resigned from his post as city manager.
Ayling's actions focus of criminal probe
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — City police Capt. Mike Ayling played a central role in city police officers' failure to properly investigate a domestic violence crime committed by former city Manager Jered Ottenwess.
Now Ayling — a veteran police officer who commands the city police patrol division — is staring at a possible misdemeanor criminal charge. Ayling was the lone person named by Grand Traverse County sheriff's investigators in an arrest warrant request forwarded this week to Grand Traverse County Prosecutor Bob Cooney.
The warrant request seeks a willful neglect of duty criminal misdemeanor charge against Ayling, and comes on the heels of a sheriff's investigation into how Traverse City police officers responded to a Feb. 16 domestic violence crime at Ottenwess' Fifth Street home.
Ottenwess' mother on that day called 911 and reported a belligerently drunken Ottenwess, 36, was tearing up their house and had tried to hit her. Police who responded to the call tackled and handcuffed Ottenwess before taking him to Munson Medical Center where his rampage continued.
Two city police officers -- a patrolman and a sergeant -- responded to Ottenwess' house, but Ayling stepped into the case late that afternoon as the command officer.
Ayling and those officers for days failed to write reports, document property damage or communicate with prosecutors, even though state law requires police to take all three actions within 48 hours of responding to a domestic violence incident.
Sheriff's deputies' reports outline several steps they took as part of their domestic violence probe, including listening to Ottenwess' mother's 911 call and obtaining a search warrant to photograph and document evidence at Ottenwess' home.
City police reports, which were written only after Cooney became involved in the case, indicate city officers initially took none of those steps.
Ayling first entered the scene when he fielded a phone call from city police Sgt. Keith Gillis, who responded to Ottenwess' house. Ayling in late February said he told Gillis to prevent Ottenwess from committing a crime, then Ayling headed to the hospital. He subsequently made many of the decisions that played out over the next few days and persistently framed Ottenwess' situation as solely a medical matter.
Ayling later acknowledged his direction to Gillis could explain why fellow responding officer Mark Witczak didn't tell Ayling, by then the supervising officer at the hospital, that Ottenwess tried to bite Witczak's hand as he was wrestled on to a hospital bed.
Still Ayling stuck to the medical emergency characterization until at least Feb. 27, when he also contended the attempted bite of Witczak was a "very, very minor assault," that didn't break skin.
Ottenwess later pleaded no contest to a criminal misdemeanor of attempting to resist and obstruct an officer — Witczak. He also pleaded no contest to one count of misdemeanor domestic violence committed against his wife.
Ayling in late February offered two different accounts of when he first learned that Ottenwess' wife stated in a hospital petition that her husband pushed her, a physical act that could be considered domestic violence.
One of those accounts suggested Ayling and other officers learned about the assault accusation as early as Feb. 17 at about 5 a.m., but Ayling said there was no need to immediately act on the accusation because Ottenwess at the time was committed to the hospital for at least three days.
Ayling's own Feb. 20 police report included a passage about receiving a phone call from Ottenwess' wife a couple days after the incident.
"(She) called me and said she got a phone call from Jered stating that he thought he was betrayed by the police and that I was trying to get him fired ... I assured her I was doing everything I could to get Jered help and help him keep his job."
Ayling on Feb. 27 said police did nothing wrong when a Record-Eagle reporter asked if a criminal investigation into his department’s handling of the case was possible.
“I think that’s a ridiculous question,” Ayling said.
City police captain doesn't think he committed crime
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — Traverse City police Capt. Mike Ayling said he doesn't believe his actions in a response to an incident at the former city manager's house constituted a criminal act.
"I don't, but it's not up for me to say. It's up to the prosecutor," Ayling said today.
Grand Traverse County sheriff's investigators requested a misdemeanor charge — willful neglect of duty — in their probe into Ayling and other city police officers' handling of a Feb. 16 incident involving highly intoxicated former city Manager Jered Ottenwess. Prosecutor Bob Cooney said he'll be requesting a special prosecutor.
Ottenwess pleaded no contest to domestic violence and attempted assault of a police officer, a conviction that came about after Cooney directed sheriff's investigators to take over the case. Ayling contended at the time the Ottenwess case involved a medical emergency, not a crime.
Ayling, when asked if he treated Ottenwess differently than any other suspect, responded:
"I don't know if I can answer that, because … I don't know. I tried to be as impartial as I could, I guess that’s the only way I can answer,” he said.
UPDATE: Police captain could face charge in Ottenwess case
Traverse City Record-Eagle (MI)
April 2, 2015
TRAVERSE CITY — Willful neglect of duty.
That's the criminal charge Traverse City police Capt. Mike Ayling could face after a probe into how he and other city police officers handled a Feb. 16 incident at former city Manager Jered Ottenwess' house.
The probe remains open, but Grand Traverse County Sheriff Tom Bensley delivered what he called a "substantially complete" report to prosecutors late Wednesday. The report's 50-odd pages detail interviews with current and former police and city officials about Ayling's actions, which Ayling contends do not constitute criminal activity.
"I don't, but it's not up for me to say. It's up to the prosecutor," Ayling said.
Grand Traverse County Prosecutor Bob Cooney prompted the investigation, but won't authorize charges. Pursuing a case against Ayling could be a conflict of interest, he said, and he's asked for a special prosecutor to review the matter.
Antrim County Prosecutor Jim Rossiter said he received word Thursday that the state Attorney General's office assigned him the case.
Traverse City police Chief Michael Warren didn't return a call for comment.
'A potential neglect of duty'
The probe focuses on how city police handled the highly intoxicated, profane and belligerent Ottenwess, who directly supervised Warren and the city police department. Ayling termed the situation a medical matter, and city commissioners were kept in the dark about Ottenwess' behavior for a week.
Cooney learned of the Ottenwess incident on Feb. 19, then assigned sheriff's detectives to launch a criminal probe of Ottenwess.
Sheriff's detectives quickly realized their city police counterparts didn't write reports or listen to a 911 call in which Ottenwess' mother told a dispatcher her son tore up his house and had tried to hit her. Their probe resulted in four misdemeanor criminal counts against Ottenwess, and Cooney said the findings prompted him to ask the sheriff's department to review how city police handled the incident.
"Because following the investigation of the Ottenwess matter, based on the reports in those cases, it appeared there may have been a potential neglect of duty by one or more officers," Cooney said.
Ayling responded to Munson in a supervisory capacity after a city patrol officer and sergeant responded to the original scene. Ayling persistently framed the situation as solely a medical matter, a stance that effectively kept city commissioners, the public and media, even Cooney in the dark for days.
Ayling, when asked on Thursday if he treated Ottenwess differently than any other suspect, responded:
"I don't know if I can answer that, because, I don't know. I tried to be as impartial as I could, I guess that’s the only way I can answer,” he said.
'Ridiculous'
Two Grand Traverse County sheriff's lieutenants -- Brian Giddis and Chris Barsheff -- handled the probe of city police. Cooney declined to release the report before a decision on potential charges, but called it "wide-ranging" and "thorough."
Giddis said this week that the investigation partly delved into phone calls made by officials shortly after the incident. Among them: a call Ayling made to former long-time police Chief Ralph Soffredine on Feb. 16, after police responded to Ottenwess' home.
Soffredine, who retired as Traverse City's police chief in 2003 after 21 years with the department, acknowledged Ayling reached out for advice. He believes the situation Ayling described that evening didn't warrant the potential criminal charge.
"I think it's ridiculous," Soffredine said.
Soffredine said Ayling contacted him with concerns about a drunken Ottenwess, who had to be tackled and handcuffed. Ayling wondered what to do with Ottenwess upon his release from Munson Medical Center. He said Ottenwess' .395 percent blood-alcohol content made the matter a "medical situation."
Ottenwess never was jailed and moved from Munson to a treatment facility in Grand Rapids.
"They could always come up with a charge later on," Soffredine said, though he acknowledged state law requires police to investigate and submit reports to prosecutors within 48 hours of a suspected domestic violence incident.
Soffredine said Ayling told him a phone had been ripped from a wall at Ottenwess' house, but not about a reported shove or anything else that indicated domestic violence took place. He didn't believe Ayling knew about those facts.
"There was no cover up with this," Soffredine said.
Acting city Manager Penny Hill, who learned about the Ottenwess incident but didn't relay that information to city commissioners, said sheriff's investigators also interviewed her. She declined further comment.
Blue slip
Giddis said any police report forwarded to the prosecutor comes with a request for charges -- a "blue slip."
Cooney said Ayling is the only suspect listed on the warrant request. He said willful neglect of duty is a misdemeanor punishable by up to a year in jail, and it's possible further review could lead to additional, different or no charges against Ayling.
"The police know when they send over a complaint for prosecution what they're requesting a review for isn't necessarily what will get charged," he said.
Cooney said a review could lead to charges against other suspects. But that decision likely won't be up to him.
"The reasons for that are I'm involved as a potential witness to some of the pertinent facts in that Capt. Ayling talked to me about the incident," he said. "In fact, since I directed the sheriff to conduct the investigation, I'm actually the complaining witness."
Cooney also pointed to his close working relationship with Ayling, who is one of three top city police administrators with whom Cooney has regular contact.
Rossiter said he's starting to sift through the police report. He said he has no timeline for when he'd come to a decision, but he hopes it will happen soon.
"You don't want to let any case linger longer than necessary," he said.
'Bad news for the city'
Traverse City Mayor Michael Estes said he tracked the probe's progress since it began. He called the potential charge against Ayling "bad news for the city."
"Obviously, word of this is disappointing no matter what the outcome," he said. "I would hope there is no evidence of wrongdoing, but if there is I'd hope the city would make the appropriate decision."
City Commissioner Ross Richardson declined comment until he knew more about the case.
Ayling remains on active duty as the department's patrol commander.
Police conduct in Traverse City manager's drunken arrest to be reviewed by prosecutor
MLive
Apr. 02, 2015
GRAND TRAVERSE COUNTY, MI -- Sheriff's authorities have submitted for review by a prosecutor an investigative report containing an in-depth look at how police handled an encounter with a drunken Traverse City manager in January.
Former City Manager Jered Ottenwess resigned after a Feb. 16 encounter with police at his home following a 911 call from his mother regarding his erratic behavior.
Ottenwess had a .39 blood-alcohol level, tests later showed, and was "tearing up part of the house," his mother reported.
What followed was a series of profanities spoken by Ottenwess to two officers, moments of crying and loud laughing, and Ottenwess running through his yard with bare feet and no coat, a police report showed.
Ottenwess was later sentenced to two years of probation for domestic violence and attempted assault of a police officer.
Grand Traverse Prosecutor Bob Cooney requested Grand Traverse sheriff's authorities conduct a review of how Traverse City Police handled the situation.
A report from that review was given to Cooney Wednesday afternoon, he told MLive and The Grand Rapids Press. The report examines the conduct of multiple officers, including a captain.
Cooney submitted a request to the state Attorney General's Office to have another prosecutor appointed to examine the report to see whether any charges are warranted. Cooney's office announced Thursday that Antrim County Prosecutor Jim Rossiter has been assigned the case.
Cooney said he was interviewed by police as a complaining witness in the Ottenwess case.
Rossiter will look at whether there was any neglect of duty on the part of responding Traverse City Police, Cooney said.
It will be up to the appointed prosecutor to decide whether any charges result, and what those charges will be.
Editorial: City must run an open city manager search
Traverse City Record-Eagle (MI)
April 4, 2015
The issue: Traverse City Commission conducting its own search for new manager
Our view: City has to be transparent, forthcoming about candidates
The Traverse City Commission has taken what appear to be good first steps in its effort to find a new city manager, but the tough decisions are yet to come.
Commissioners must commit themselves now to be as transparent and forthcoming as possible, which starts by letting voters and taxpayers know as much as they can about the people who want to lead the city.
As of last week, 20 people from around the country had applied.
The city has to replace former manager Jered Ottenwess, who was convicted of domestic violence and attempted resisting and obstructing a police officer during a drunken rampage; he resigned his post March 2.
After hiring the Michigan Municipal League to find the city's last two managers, city commissioners decided to run this search themselves and named a three-person search committee.
That's a reasonable position on its face. It gives the commission a front-row seat in the process and likely would have happened anyway. Commissioner Barbara Budros, who went through the last two hiring efforts, said commissioners tended to involve themselves in almost every step of the process, and likely didn’t need a search firm.
There may be aspects of the search that will be more difficult than commissioners bargain for. This time around, the city must do a much better job of vetting candidates and learning about their backgrounds - and sharing what they know with the public - than the last time out.
It wasn't until Ottenwess had been on the job for some time that city leaders found out he had been involved in a controversy in Ishpeming, where he was manager, and had fired the city police chief. The chief later sued for wrongful termination and collected $70,000 and the city paid he and other former employees more than $200,000 for health care coverage.
Ottenwess didn't necessarily act improperly in Ishpeming, but it was information the city needed to know before hiring him. It must also be said some people felt he was in over his head and unprepared to run Traverse City.
Doing thorough background checks may not be easy for a three-person city commission committee; but it must be done and done well.
Most of all, the city must avoid a repeat of the process Traverse City Area Public Schools just went through to hire a new superintendent. That ordeal was marked by excessive secrecy and by the board of education lowering its minimum requirements to make room for Paul Soma, who was eventually hired.
The names of 12 of the 20 initial applications have been forwarded to city commissioners, who asked for applicants to have prior city manager experience and at least a bachelor’s degree.
Three would-be candidates have requested confidentiality. Only one of the applicants is a woman, and her resume and information was not forwarded to the full commission.
Public interviews with finalists are planned, but citizens should have at least some access to the entire pool of candidates.
This is a crucial hire for the city, particularly given the major issues the city will soon face (likely Clinch Park lawsuits and building a proposed fishing pier among them) and the fact Ottenwess had not set the bar very high.
Getting it right is the only option.
Special prosecutor wants more information
Traverse City Record-Eagle (MI)
April 10, 2015
TRAVERSE CITY — A special prosecutor asked Grand Traverse County sheriff's investigators to look into additional aspects of a case involving how a city police captain handled a drunken episode at the former Traverse City manager's home.
The request could add to the already-lengthy police under review by Antrim County Prosecutor Jim Rossiter, who took over the case from his Grand Traverse County counterpart Bob Cooney after investigators requested a criminal charge against Traverse City police Capt. Mike Ayling.
Rossiter didn't return a call for comment Friday, but said this week he hadn't reached a decision. He said he continued to delve into the report detailing city police response to a Feb. 16 drunken disturbance caused by Traverse City's then-manager Jered Ottenwess.
"I've asked for a couple details to be looked into," he said.
Ottenwess' no contest plea to domestic violence and attempted assault of a police officer came after Grand Traverse County sheriff's detectives took over the investigation. City police officials took days to alert Cooney to the incident. That prompted Cooney to not only shift the case to the sheriff's department, but also direct a probe into how city police responded.
Investigators last week turned in their report with a requested charge against Ayling. Grand Traverse County sheriff's Capt. Randy Fewless said he and lead investigator Lt. Brian Giddis both spoke with Rossiter this week about the case.
"There was a little more information asked for," said Fewless who declining to comment further.
Traverse City police Chief Michael Warren didn't return multiple calls for comment.
UPDATE: Traverse City police chief to retire
Traverse City Record-Eagle (MI)
April 13, 2015
TRAVERSE CITY — Longtime Traverse City Police Chief Michael Warren is set to retire.
Warren served with the city department for more than 40 years. His last day is scheduled to be June 27.
City commissioners said Warren's retirement did not come as a surprise and his retirement could open the door to a review of the police department.
"The retirement of Chief Warren has been talked about and expected for some time," Traverse City Mayor Michael Estes said. "I think it's always been a matter of just when the announcement was going to come out."
Warren presided over the department during a recent investigation at former city Manager Jered Ottenwess' home, where police found a combative and inebriated Ottenwess.
A local prosecutor is considering a criminal charge against one of Warren's commanding officers, Traverse City Police Capt. Mike Ayling, for the city police department's handling of the Feb. 16 incident.
Warren did not return requests for comment.
City commissioners said they didn't think the investigation had anything to do with Warren's decision.
"This was a planned retirement. He's been talking about it for quite some time," said city Commissioner Jim Carruthers. "He has a good career behind him and a good future retirement ahead of him."
Carruthers called Warren a "stable and steady" chief who was not heavily involved with city commission meetings.
The city manager normally would appoint a new police chief, but Acting city Manager Penny Hill told commissioners she will not appoint Warren's replacement. That decision will be left to the next city manager.
Estes applauded Hill's decision, even if it means the position goes unfilled after Warren leaves.
"I would imagine even if the new city manager is on board it will take more than a few days to understand what is going on in the police department so I don't see that job being filled immediately," Estes said.
Estes said the city can find someone in the department to handle the chief's responsibilities in the interim. Asked if Ayling should be considered for the position of acting chief, Estes responded: "That would not be my number one choice."
Candidates for the city manager position can expect to field questions about how they would manage the police department, both Estes and Commissioner Ross Richardson said.
"I might focus a little more on questions about management of the police force and that kind of thing," Richardson said.
Warren's retirement may also open up an opportunity for a review of the police department. Estes wants to consider contracting for police services with the Grand Traverse County Sheriff's Department.
Richardson said city officials should consider a thorough review of the police department.
"I don't think it would be a bad thing for the commission to review policies and procedures," he said. "Certainly Warren's retirement provides a good opportunity to review the whole department top to bottom."
Editorial: Timing ideal to probe TC police department
Traverse City Record-Eagle (MI)
April 20, 2015
The issue: TC police department has no chief, city has no manager
Our view: The department is ripe for review
It's not often the stars align in a way that so clearly marks the favored path of public business.
But such is the case with the Traverse City police department; city officials would be missing a major opportunity if they don't take advantage of a combination of circumstances to take a long and detailed look at the inner workings of the department and make needed changes.
Last week, Traverse City Police Chief Michael Warren announced he was retiring after more than 40 years with the department. In February, former City Manager Jered Ottenwess resigned after police were called to his house; he later pleaded no contest to one count each of domestic violence and attempted assault of a police officer. And Antrim County Prosecutor Jim Rossiter has been asked by the state Attorney General's office to look into a report of how city police handled Ottenwess' arrest to determine if there had been criminal conduct on the part of Traverse City police Capt. Mike Ayling.
The city and the department, then, are at a crossroads that provides the commission a perfect opportunity to look at past practices, how the department is organized, how much the chief is/was involved in day-to-day operations and who leads.
By charter, the city manager is in charge of the police department and questions about the department and decisions - like who will be the next chief - are up to the manager.
But there is no city manager and no chief and a top department official is under investigation for how he handled the Ottenwess arrest. If not now, when?
There's no doubt such a review is needed. Warren has been, at best, a place-keeper who was apparently content to leave decisions - and errors, big and small - to underlings.
And there have been errors. Last year, for instance, Ayling came unglued when the Record-Eagle reported that the death of a homeless man was a homicide and reported the name of the suspect. Ayling said he didn't want to alert the public that police were looking for the man because they didn’t want him to hear about it and flee. But it turned out the suspect had been in custody - and his mug shot was taken - a day before Ayling said he couldn't alert the public. So Ayling lied to the media and the public about a homicide suspect.
Warren rarely returned phone calls from the media and may have never attended the daily morning press briefing. He was the department's invisible man - invisible to city officials and the public alike. Typically, Warren did not even return requests for comment for the story announcing his retirement.
Candidates for the city manager position can expect to field questions about how they would manage the police department, Mayor Micheal Estes and Commissioner Ross Richardson both said.
Those questions would mean a lot more if city leaders have already done their own review of the department's structure and practices, understand its inner workings, and know who is who.
“I don’t think it would be a bad thing for the commission to review policies and procedures,” Richardson said. “Certainly Warren’s retirement provides a good opportunity to review the whole department top to bottom.”
Yes, it does, as does the fact that the city is currently without a manager. A timely review won't have to go through that filter, and anything Antrim Prosecutor Rossiter discovers should add to the picture.
This is a golden opportunity to open the department to some fresh air and sunshine - and it could no doubt use both. It's a chance not to be missed.
Charge filed against Traverse City Police captain
UpNorthLive
April 21, 2015
Charge filed against Traverse City Police captain
UpNorthLive
April 21, 2015
Tue, 21 Apr 2015 15:25:46 GMT — Traverse City Police Captain Mike Ayling has been placed on paid administrative leave after a charge was filed for how he handled the Jered Ottenwess investigation.
The Grand Traverse County Sheriff's Office says an arrest warrant was issued Tuesday for Capt. Ayling on a charge of willful neglect of duty. The sheriff's office says Capt. Ayling turned himself in to the Grand Traverse Jail Tuesday around 9 a.m.
Capt. Ayling's arraignment is scheduled for Wednesday.
A special prosecuting attorney was requested due to a potential conflict of interest. Antrim County Prosecutor, Jim Rossiter, was appointed as special prosecutor regarding Mike Ayling.
According to Rossiter, law enforcement officers who respond to domestic violence incidents' are required to file a report and that report must be filed with the prosecutor's office within 48 hours. Upon reviewing the investigation that was conducted by the Grand Traverse County Sheriff's Department, Rossiter said he did not feel that happened in this case.
"Is he guilty, is he innocent? Don't know...he's just been charged," said Sheriff Tom Bensley.
Traverse City Police Chief Mike Warren said he was disappointed to hear the charge was filed against Ayling.
"Not with anybody in particular, just with the entire process," said Warren. "It's been going on well over two months now and it's just not a good situation for people and their families that are involved."
Warren is set to retire from the department in late June. He says the investigation had nothing to do with him retiring, and says he told staff about it in December.
"There's no animosity here towards the sheriff's department nor has there been," said Warren. "They were asked to do a job and they did a job. If my people were asked to do the same thing they would do it."
Police were called to the home of Jered Ottenwess, former Traverse City manager, on Feb. 16 after a woman called 911 saying Ottenwess had been drinking for days and acting aggressively. This launched an investigation by the Grand Traverse County Sheriff's Office.
Traverse City Police responded to the home. According to Grand Traverse County Central Dispatch, the incident was reported to police as a disorderly call.
Grand Traverse County Prosecuting Attorney Bob Cooney was not notified about the situation until days after when Traverse City Police went to his office, asking him whether or not he thought that a crime had been committed.
"Normally I wouldn't be notified three days later about whether to conduct an investigation or not," said Cooney. "I'm not notified of every investigation that goes on. But itâ??s unusual that I would be contacted about whether to conduct an investigation three days after the fact. Obviously it makes our job a lot more difficult."
Cooney says a report was not made by Traverse City Police. As to why, Cooney says he was given the explanation by city police officers that it was a medical incident, despite central dispatch labeling it as a disorderly call.
Based on the information he was given, Cooney says he immediately advised that everything be forwarded to the Grand Traverse County Sheriff's Office for an investigation.
Grand Traverse County Sheriff, Tom Bensley, says they too were notified about the incident and says that they immediately began investigating.
If found guilty, Ayling faces one year behind bars and/or a $1,000 fine.
As far as his job with the police department, Mayor Michael Estes says the decision would ultimately be up to the City Manager. Penny Hill is currently the acting City Manager.
"Of course as an acting City Manager, right now I would hope that if there were any substantial changes made with anybody with the city, especially at a higher level, that that would be a discussion that was also had with the city commission," said Estes.
Mayor Estes says he doesn't expect any decisions involving the city commission anytime in the near future.
Charge filed against police Capt. Ayling
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — A prosecutor authorized a misdemeanor charge against Traverse City police Capt. Mike Ayling following a probe into his handling of an incident at a former city manager's house.
Ayling faces a charge of willful neglect of duty, according to an 86th District Court criminal complaint signed this morning. The charge follows a Grand Traverse County Sheriff's Department investigation into city police response to a February incident at former city manager Jered Ottenwess' home.
State officials assigned Antrim County Prosecutor Jim Rossiter as a special prosecutor after sheriff's investigators requested a criminal charge against Ayling.
A warrant has already been canceled and a court date is yet to be scheduled.
Police captain to face 'neglect of duty' charge for city manager investigation
MLive
April 21, 2015
TRAVERSE CITY, MI -- A Traverse City police captain is facing a misdemeanor charge of "willful neglect of duty" for the handling of a February investigation into drunken, assaultive behavior of then City Manager Jered Ottenwess.
A prosecutor on Tuesday, April 21, authorized a warrant for willful neglect of duty against Capt. Mike Ayling.
The decision was made by Antrim County Prosecutor James Rossiter.
He looked at the case after Grand Traverse County Prosecutor Robert Cooney expressed concern that he wasn't notified about the Ottenwess incident until three days after it happened.
Police asked him then whether he thought a crime might have been committed, according to a report in Upnorthlive.com
Ottenwess ultimately was charged with domestic violence and attempted assault of a police officer and sentenced to two years of probation in March.
Those charges stemmed from a Feb. 16 encounter with police at Ottenwess' home. Officers went there after his mother called 911 to report he was tearing up part of the house.
In the moments to follow, police reports show that Ottenwess struggled with police after he was taken to the hospital. He had a blood alcohol level of 0.39.
Ayling went to the hospital to speak with Ottenwess, his wife, and two Traverse City police officers who responded to Ottenwess' home.
Ayling is to be arraigned Wednesday, April 22, in Grand Traverse County District Court.
TC police captain set for arraignment
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — It's a safe bet any 20-year-plus Traverse City Police Department veteran has been inside a courtroom many times, but Capt. Mike Ayling on Wednesday will find himself in court in a most unenviable position: As a criminal defendant.
Ayling, 52, is scheduled for arraignment in 86th District Court on a misdemeanor count of willful neglect of duty.
A special prosecutor -- Antrim County Prosecutor Jim Rossiter -- authorized the charge this week after reviewing a Grand Traverse County Sheriff's Department report into how city police responded to a Feb. 16 domestic violence incident at then-city Manager Jered Ottenwess' home.
State law requires police to investigate and submit reports to prosecutors within 48 hours of a suspected domestic violence incident. Rossiter said a probe by sheriff's investigators found evidence Ayling didn't follow that law.
"Based on the report, that was not complied with," Rossiter said.
City officers found a highly intoxicated, profane and belligerent Ottenwess and took him to Munson Medical Center. But sheriff's investigators, who took over the case days later, found city officers initially didn't write reports, follow up on evidence, or otherwise pursue a possible domestic assault case.
Ayling and another city police officer approached Grand Traverse County Prosecutor Bob Cooney days after the incident, and Cooney called in the sheriff's department to investigate Ottenwess. Sheriff's officials then sought charges against Ottenwess, and Cooney authorized two domestic violence counts and two counts of attempted assault of police.
Ottenwess, who directly supervised city police Chief Michael Warren and the city police department, eventually pleaded no contest to one count each of domestic violence and attempted assault of a police officer.
Ayling initially made several decisions that effectively kept information about Ottenwess' behavior from Cooney and city commissioners. Ayling continually termed the incident a medical matter, and dismissed questions about a possible criminal probe into his response to the Ottenwess situation.
"I think that's a ridiculous question," Ayling said on Feb. 27, a day after Cooney authorized charges against Ottenwess. "I don't think there was anything inappropriate done. If you do, get it out and probe it away."
A subsequent probe is exactly what led Ayling to surrender to a warrant Tuesday morning at Grand Traverse County's jail; he later was released on an interim bond. The investigation came at Cooney's behest because he had concerns that city police neglected to perform their jobs in the Ottenwess case.
Two Grand Traverse County sheriff's lieutenants -- Brian Giddis and Chris Barsheff -- handled the subsequent investigation. They requested a willful neglect of duty charge against Ayling, a move that prompted Cooney to seek a special prosecutor -- Rossiter -- because of a potential conflict of interest.
A criminal complaint lists several witnesses with whom investigators spoke, including Tom Gilbert, a former judge turned Traverse City-based attorney and addiction counselor whom Ayling contacted shortly after the Ottenwess incident. Gilbert previously said he spoke with investigators, but declined to comment as to why Ayling turned to him.
“I’m not going to talk about Capt. Ayling, OK?” Gilbert told the Record-Eagle on April 3.
Barsheff referred questions about the Ayling case to Sheriff Tom Bensley, who said he didn't have much knowledge of the probe.
"I just don't get involved in every little detail," he said.
Warren didn't have much to say about the charge against Ayling, who had been considered his possible successor.
"I really don't (have a comment)," Warren said of Rossiter's decision. "(Rossiter) reviewed the investigation and felt that was warranted."
Warren said he placed Ayling on paid administrative leave Tuesday morning. He said Ayling will remain on leave until the case is resolved. He declined further comment because he could be called as a witness in a potential trial.
"This man hasn't been found guilty or negligent of anything right now," Warren said.
Ayling declined to comment for this story.
Traverse City Mayor Michael Estes said he wasn't surprised by the charge.
"But I am very concerned and I think the appropriate first steps have been taken, from my investigation," Estes said.
Commissioner Jim Carruthers said he wanted to see police reports and more information about Ayling’s charge and the corresponding investigation before he commented.
"For us to be informed and to be fair to staff, I think we need to know exactly what (Ayling’s) been charged with, or what they feel he did wrong so we can evaluate it ourselves and understand it better," he said.
City police Capt. Jeff O’Brien said he’s scheduled to take over command of the department’s patrol division on Wednesday, and Sgt. Jim Bussell is scheduled to manage the department’s detective’s bureau, O’Brien’s current assignment.
Ayling is scheduled for a bond review hearing at 9 a.m. and arraignment before Judge Thomas J. Phillips at 9:45 a.m.
Chief speaks on Ayling case
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — City police Chief Michael Warren didn't have much to say about a criminal charge authorized this week against city Capt. Mike Ayling, who had been considered Warren's possible successor.
Warren plans to retire in June, but his final days in a 40-year-plus tenure could be embroiled in a high-profile criminal case against Ayling, 52, who faces a misdemeanor count of willful neglect of duty.
Antrim County Prosecutor Jim Rossiter authorized the charge after reviewing a Grand Traverse County Sheriff's Department probe into how city police responded to a drunken and violent Feb. 16 incident at then-city Manager Jered Ottenwess' home.
"I really don't (have a comment)," Warren said of Rossiter's decision to pursue a charge against Ayling. "(Rossiter) reviewed the investigation and felt that was warranted."
The probe focused on how city police responded to a call at Ottenwess' house, where they found him highly intoxicated, profane and belligerent. Ayling termed the situation a medical matter, a stance that effectively kept city commissioners in the dark about Ottenwess' behavior for a week.
Ayling, Warren and then-assistant city Manager Penny Hill were aware of Ottenwess' situation. Hill told commissioners Ottenwess would be away from work for a week with an undisclosed medical situation. Neither Warren nor Ayling alerted commissioners of the Feb. 16 incident.
Ayling is charged with failing to prepare and file a police report within 48 hours of a domestic violence incident. Ottenwess, who directly supervised Warren and the city police department, eventually pleaded no contest to domestic violence and attempted assault of a police officer.
Warren said he placed Ayling on paid administrative leave this morning. He said Ayling will remain on leave until the case is resolved. He declined further comment because he could be called as a witness in a potential 86th District Court trial.
"This man hasn't been found guilty or negligent of anything right now," Warren said.
Ayling served as the department's patrol division head, a position that fellow Capt. Jeff O'Brien will take over. Warren said Sgt. Jim Bussell will take over O'Brien's duties as head of detectives.
Warren declined to comment on whether he thought Ayling was a good candidate for the department's next chief. He said Ayling had been "one of the persons under consideration."
TC police Capt. Ayling placed on leave
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — City police officials placed Capt. Mike Ayling on administrative leave after a prosecutor authorized a misdemeanor charge against Ayling following a probe into his handling of an incident at the-then city manager's house.
Ayling surrendered to county sheriff's deputies today and is scheduled to be arraigned on Wednesday.
Ayling declined comment to a Record-Eagle reporter today.
Traverse City Mayor Michael Estes said he wasn't surprised by the charge against Ayling.
"But I am very concerned and I think the appropriate first steps have been taken, from my investigation," Estes said.
Estes said he learned that Ayling, 52, was placed on administrative leave today during a phone call with acting city Manager Penny Hill. He did not know if Ayling will be paid while on leave, how long the leave might last, or what next steps city officials make take while addressing the issue.
"The next step is something as a city commission we will have to discuss as a body," Estes said. "In light of the fact that he's on administrative leave, I don't see why we'd have to do anything immediately."
Ayling faces a charge of willful neglect of duty, according to an 86th District Court criminal complaint signed this morning. The charge follows a Grand Traverse County Sheriff's Department investigation into a city police response to a Feb. 16 incident at former city Manager Jered Ottenwess' home.
Ottenwess was heavily intoxicated; his mother called 911 to report he was tearing up his house and had attempted to hit her.
The charge was authorized Monday, one week after longtime city Police Chief Michael Warren announced he plans to retire at the end of June, a move city commissioners said they don't believe is related to the investigation into how Ayling and other officers handled a domestic violence situation at Ottenwess' home on Feb. 16.
Estes stressed that news of the charge authorized against Ayling was "very preliminary," but he said that action, along with Warren's planned retirement, will give commissioners a chance to weigh in on the city's police department's state. Commissioners' input will be valuable to whoever becomes Traverse City's new manager, Estes said.
"I think it's very important for the commissioners to express their opinions about this entire situation, and the police department in general, before the city manager makes a new selection for police chief, and I would like that to be in public," he said.
"I think the rank-and-file officers do a very good job. I've had some concerns about the upper echelon of the department for some time, and I fully expect that I will go into that in more detail when we convene as a public body, and I am very interested in hearing the opinions of other city commissioners as they relate to this issue."
Timeline of events leading up to charges against Ayling
Traverse City Record-Eagle (MI)
April 21, 2015
Feb. 16: At 2:46 p.m. Former Traverse City city Manager Jered Ottenwess’ mother calls 911 from Ottenwess’ Fifth Street home. She said her son destroyed parts of the house and tried to harm her.
Traverse City police officer Mark Witczak and Sgt. Keith Gillis respond to the call and find a drunk, belligerent and uncooperative Ottenwess. Ottenwess makes an aggressive approach toward emergency personnel and the two officers handcuff him.
Ottenwess is taken to Munson Medical Center and placed into restraints. The two officers help and Ottenwess bites down on Witczak’s glove. Ottenwess has a blood alcohol level of .395.
Sgt. Gillis calls Traverse City police Capt. Mike Ayling to tell him what happened. Ayling arrives at Munson and speaks to Ottenwess’ wife and doctor. He also calls retired city police Chief Ralph Soffredine to get advice about the situation.
Feb 17: At 4 a.m. Ayling returns to the hospital until it’s decided Ottenwess should be admitted for further evaluation about three hours later.
Traverse City police Chief Michael Warren tells then-Assistant City Manager Penny Hill that police responded to an incident at Ottenwess’ home. Neither Hill nor Warren report the incident to city commissioners.
Feb. 19: Grand Traverse County Prosecutor Bob Cooney learns of the incident and directs the Grand Traverse County Sheriff’s Department to take over the investigation.
Sheriff's department investigators contact Ottenwess' family and Child Protective Services.
Feb. 20: Capt. Randy Fewless requests dispatch recordings, and Ottenwess' medical records. The Traverse City police officers who responded to the incident submit police reports.
Feb. 23: Authorities confirm Ottenwess was the subject of a disorderly complaint.
Feb. 24: Authorities obtain a search warrant for the Ottenwess home and take photographs of the home, including of a broken baby gate and a dent in the wall.
Feb. 25: Witczak files a supplement to the initial report that includes more observations about the Ottenwess home.
Feb. 26: Cooney authorizes charges — two counts of domestic violence and two counts of attempting to resist and obstruct police — against Ottenwess.
Feb. 27: Ottenwess arraigned in district court; offers to resign as city manager.
March 2: City officials accept Ottenwess’ resignation.
March 5: Ottenwess pleads no contest to one count each of domestic violence and attempted resisting, obstructing or assaulting a police officer.
City commissioners learn Cooney ordered an investigation into city police's handling of the incident.
March 16: Ottenwess sentenced to 730 days of probation.
April 1: County Sheriff Tom Bensley delivers a report to prosecutors that details Ayling's actions the night he responded to the incident. Sheriff's detectives requested a willful neglect of duty charge against Ayling.
April 13: City police Chief Warren announces his retirement.
April 20: Antrim County Prosecutor Jim Rossiter authorizes charges against Ayling for willful neglect of duty.
April 21: A charge against Ayling is filed. He's put on administrative leave and surrenders to sheriff's deputies.
Future unclear for Ayling, TCPD
Traverse City Record-Eagle (MI)
April 21, 2015
TRAVERSE CITY — City police Capt. Mike Ayling is on paid administrative leave while his criminal misdemeanor case plays out in the judicial system.
But what a potential criminal conviction means for Ayling's professional career — and his department's future — remained unclear Tuesday, the day after Antrim County Prosecutor Jim Rossiter authorized a willful neglect of duty charge after reviewing a probe into city police officers' response to a drunken and violent Feb. 16 incident at then-city Manager Jered Ottenwess' home.
Several city officials said they don't know if police Chief Mike Warren, who plans to retire soon, plans an internal investigation. Warren and police Capt. Jeff O'Brien did not respond to inquires about a possible internal probe of the city police department.
City Commissioner Ross Richardson said officers face tough decisions about how to deal with lawbreakers every day. Richardson added he didn't have enough facts to say whether the Ottenwess incident — which resulted in Ottenwess' conviction on two criminal misdemeanors and led to his resignation as city manager — warranted an internal police department investigation.
"We have to give them some latitude in how they exercise their judgment, but we also can’t have a situation where, depending on who you are, you either do or don’t get arrested, and I think that’s the situation with this case."
Ayling declined comment when contacted by the Record-Eagle.
Traverse City Mayor Michael Estes on Tuesday morning said news of the Ayling charge was "very preliminary," but he said that action, along with Warren's upcoming retirement, will give commissioners a chance to publicly weigh in on the police department's state. Commissioners' input will be valuable to Traverse City's next city manager, Estes said.
"I think the rank-and-file officers do a very good job," he said. "I've had some concerns about the upper echelon of the department for some time, and I fully expect that I will go into that in more detail when we convene as a public body, and I am very interested in hearing the opinions of other city commissioners as they relate to this issue."
State law requires the Michigan Commission of Law Enforcement Standards to revoke a police officers' certification if he or she is convicted of a criminal felony. The charge against Ayling is a misdemeanor.
A piece of legislation pending in the state Senate would expand that requirement to misdemeanors, like assault, domestic violence and stalking, but not willful neglect of duty.
Robert Stevenson, executive director for the Michigan Association of Chiefs of Police, said department leaders must decide on their own how best to address officers' misdemeanor convictions.
"For police chiefs, if it's not one of those crimes where it's enumerated that you're going to lose your license, then it's a case-by-case basis, and there's a lot of variables that go in to it," he said.
Teamsters Local 214 represents the city police department's captains and sergeants. Bob Donick, a business representative with the union, said everyone has the right to be presumed innocent of criminal charges until proven otherwise.
Donick said he knew little about Ayling's situation.
"The union will not get involved unless the captain wants it," he said.
Traverse City Police captain pleads not guilty
UpNorthLive
April 22, 2015
Wed, 22 Apr 2015 14:13:59 GMT — Traverse City Police Captain Mike Ayling pleaded not guilty to a charge of willful neglect of duty.
Capt. Ayling appeared in court Wednesday after turning himself in to the Grand Traverse Jail Tuesday morning.
The charge stems from how he allegedly handled the Jered Ottenwess investigation.
Capt. Ayling has been placed on administrative leave.
A pretrial has been scheduled for May 5.
Ayling pleads not guilty at arraignment
Traverse City Record-Eagle (MI)
April 22, 2015
TRAVERSE CITY — An attorney for Traverse City Police Capt. Mike Ayling entered a not guilty plea on a neglect of duty charge during an 86th district court arraignment this morning.
Antrim County Prosecutor Jim Rossiter this week authorized the willful neglect of duty charge after reviewing a probe into city police officers' response to a drunken and violent Feb. 16 incident at then-city Manager Jered Ottenwess' home.
Ayling, who is on paid administrative leave, declined comment following his arraignment.
A pretrial is scheduled for May 5.
Ayling arraigned on neglect of duty charge
Traverse City Record-Eagle (MI)
April 22, 2015
TRAVERSE CITY — A pair of swift court hearings marked Traverse City police Capt. Mike Ayling's first foray into the criminal justice system as a defendant.
Ayling, 52, of Traverse City, did not speak Wednesday morning in 86th District Court as his attorney Shawn Worden entered a not guilty plea on his behalf to a willful neglect of duty charge. Judge Thomas Phillips set the case for a May 5 pretrial hearing.
Ayling, a 23-year city police veteran, maintained his silence after the minute-long arraignment; he declined to comment for this story.
Antrim County Prosecutor Jim Rossiter, who authorized the charge this week, likewise declined to comment on whether he believed Ayling gave former city Manager Jered Ottenwess special treatment in response to a Feb. 16 incident with a drunken and violent Ottenwess.
But Rossiter spoke up about how "context" may be important in Ayling's potential trial.
"You can't look at behavior in a vacuum," he said.
That behavior is chronicled in a lengthy, as-yet-unreleased police report by Grand Traverse County sheriff's investigators who delved into Ayling's and other police officers' response to the incident at Ottenwess' home.
City officers arrived to find an aggressive and drunken Ottenwess — who directly supervised police Chief Michael Warren and the department — but didn't write police reports until days later when Grand Traverse County Prosecutor Bob Cooney finally learned about the situation.
Cooney then directed the sheriff's department to begin an investigation, a move that resulted in criminal charges and Ottenwess' eventual conviction on one count each of domestic violence and attempted assault of a police officer.
Cooney, concerned with a potential neglect of duty by city police, also directed sheriff's investigators to probe how city officers responded to the incident. He requested a special prosecutor — Rossiter — when investigators came back with a report on April 1 that requested a willful neglect of duty charge against Ayling.
Rossiter this week authorized that charge. A criminal complaint states Ayling neglected to prepare and file a police report with a prosecutor within 48 hours of a domestic violence incident — a requirement under state law.
Ayling appeared Wednesday in district court for a bond review and an arraignment in front of Magistrate Tammi Rodgers and Phillips, respectively. Rodgers continued a $100 interim bond that Ayling posted Tuesday after appearing at Grand Traverse County's jail.
The hearing lasted only seconds longer than the short arraignment that followed in front of Phillips in which Worden said Ayling would waive a reading of the charge. Worden didn't return a call for comment.
Rossiter said a potential trial likely would last longer than those in other misdemeanor cases. He said he didn't know if the case would go to trial, but said he wouldn't have brought the charge if he weren't prepared to do so. He said he'd have to prove the charge's "elements" — that Ayling didn't fulfill his public duty to complete a report in the Ottenwess matter.
“I think anybody, regardless of their position, has to be accountable for their actions,” he said.
Ayling probe report released
Traverse City Record-Eagle (MI)
April 23, 2015
TRAVERSE CITY — A redacted, 57-page police report details a criminal case against Traverse City police Capt. Mike Ayling, who stands accused of neglect of duty in his response to a domestic assault at the former city manager's home.
Staff for Antrim County Prosecutor Jim Rossiter's office released the report Thursday afternoon in response to a Freedom of Information request from the Record-Eagle. Rossiter -- a specially appointed prosecutor -- used the report in his decision this week to charge Ayling with willful neglect of duty.
Ayling, 52, helped respond to and effectively took over a drunken and violent incident at then-city Manager Jered Ottenwess' home, a situation he maintained was a medical matter. Ottenwess eventually faced criminal domestic violence and attempted assault of a police officer charges after Grand Traverse County sheriff's investigators took over the case.
The redactions mostly center on a section detailing Ayling's responses to deputies' questions about why he didn't investigate the incident as a criminal matter. Ayling told investigators Ottenwess' apparent alcohol problem was the "overwhelming issue" in his response.
"Ayling said that he is convinced that Ottenwess' wife is not a battered wife, and the wife and kids and mother all wanted Jered Ottenwess to get treatment," the report states. "Ayling said his number one goal was to help the family."
Two Grand Traverse County sheriff's lieutenants -- Brian Giddis and Chris Barsheff -- conducted the investigation at county Prosecutor Bob Cooney's request. Cooney sought a special prosecutor after investigators requested a criminal charge against Ayling.
Rossiter didn't return a call for comment. An administrative assistant said he'd be away from the office until Monday.
Antrim County Prosecutor releases report on police captain investigation
UpNorthLive
April 24, 2015
Fri, 24 Apr 2015 13:07:51 GMT — The Antrim County Prosecutor's office has released the redacted 57 page report that resulted in the filing of a charge of willful neglect of duty against Traverse City Police Captain Mike Ayling.
The report is from the Grand Traverse County Sheriff's Department. They were asked to look into the way Ayling handled the investigation into an incident involving former Traverse City Manager Jered Ottenwess.
The report is 57 pages long and lists 21 witnesses. Those interviewed include Chief Michael Warren and several Traverse City Police officers.
Along with Assistant City Manager Penny Hill and Grand Traverse County Prosecutor Bob Cooney.
Traverse City Police were called to Ottenwess' home February 16 after a woman called 911 saying he had been drinking for days and acting aggressively.
A report on the incident was not filed for several days.
Chief: Police report could be basis for internal investigation
Traverse City Record-Eagle (MI)
April 25, 2015
TRAVERSE CITY — City police Chief Michael Warren said he may conduct a separate internal investigation in the wake of a criminal charge against city police Capt. Mike Ayling.
Then again, he may not.
It all depends on whether Warren's review of a lengthy investigative report by two Grand Traverse County sheriff's lieutenants indicates to him any potential department policy violations committed by Ayling or other police officers in their response to a Feb. 16 disturbance at former city Manager Jered Ottenwess' home.
As of Friday afternoon, Warren said he's seven pages into the 57-page investigation document that Antrim County Prosecutor Jim Rossiter publicly released on Thursday.
"There is going to be an internal done, but this report may very well constitute the internal," Warren said.
The report forms the crux of a criminal case against Ayling, 52, who's charged with willful neglect of duty in 86th District Court. He's accused of neglecting to file a police report with prosecutors within 48 hours of a domestic violence incident.
Investigators found evidence Ayling received several warnings from city police colleagues that he should alert prosecutors to potential signs of domestic violence committed by Ottenwess, 36, the report states. But Ayling didn't heed that advice and instead deemed the situation a medical matter.
"Ayling was adamant there was no crime committed at all," the report states.
Warren said his officers receive regular training on domestic violence cases, mostly recently this month. He'll read the report with an eye toward potential policy violations, but he said the report may be exhaustive enough that he won't back to "ground zero" to conduct more investigation.
"This is 57 pages long; it covers every single facet of that situation," he said.
Grand Traverse County Undersheriff Nate Alger said he couldn't comment on city police procedures, but his department generally conducts separate internal investigations when accusations surface of wrongdoing or criminal activity by sheriff's personnel. He said a police report into criminal activity might not cover questions about policy violations that could be answered by an internal investigation.
"We would do both," Alger said. "Certainly, a police report from an outside agency would be the bedrock of that investigation."
City attorney Lauren Trible-Laucht said Friday morning she'd not been informed of any internal investigation.
"Not that I’m aware of," she said. "That would be up to Chief Warren."
"If he thinks that's necessary and he needs my advice, I'm sure he'll ask me."
Traverse City Mayor Michael Estes said he doesn't know if there should be an internal investigation. He said he's not finished reading the investigative report.
The report states Ayling maintained the situation was a medical matter, a stance that ensured city officials and the public remained unaware of Ottenwess' drunken and violent behavior -- both at his home and Munson Medical Center -- for a week. It also potentially ran afoul of state law in domestic violence cases because it kept reports from Grand Traverse County Prosecutor Bob Cooney for days.
Ayling and another city officer eventually told Cooney, who then directed sheriff's investigators to take over the Ottenwess case. The subsequent investigation prompted Ottenwess' conviction on one count each of domestic violence and attempted assault of a police officer.
Ayling's actions led to another directive from Cooney to the sheriff's department: a March 2 memorandum requesting a "formal investigation into possible wrongdoing by the Traverse City police officers from the domestic situation response," according to the resulting police report.
That ended with a special prosecutor -- Rossiter -- filing a criminal case against Ayling.
Ayling's attorney Shawn Worden didn't return a call for comment.
Editorial: TC residents must call for police department probe
Traverse City Record-Eagle (MI)
April 25, 2015
It’s time for Traverse City’s political leadership to steer the city out of the black hole that has been the city police department and shed some much-needed light - and heat - on the department’s internal workings.
The timing for an internal investigation could not be better. Long-time city police chief Michael Warren is retiring; Capt. Michael Ayling, who was widely considered to be Warren’s heir-apparent, is facing a charge of willful neglect of duty for his handling of former city manager Jered Ottenwess after Ottenwess went on a weekend-long bender. And for all intents and purposes, there is no city manager.
Given the internal and external crises the department is facing without any formal leadership in place, the department needs such a review as much as citizens and taxpayers may want one.
Most important is that the city cannot let the Ottenwess incident pass without a thorough review of the actions of its officers and its command staff then and in the past.
In the Ottenwess incident, was Ayling acting on his own? Did Warren exercise any oversight? Did Warren know what was going on? How did Ayling respond to suggestions from other officers? Why did he go outside the department to former chief Ralph Soffredine for advice in the midst of the investigation? Did Warren even know that he had done that?
While some of those are questions particular to the Ottenwess situation, others deal with more general departmental issues that must be answered. Are there acceptable procedues in place? Are they followed?
This isn’t the first time Ayling has been caught making his own rules.
After the beating death of a homeless man last year, Ayling said he didn’t want the media to use the name of a suspect because he didn’t want the man to hear about it and flee. In fact, police knew where the suspect was before Ayling made his pronouncement. Ayling had lied to the media and the public about a homicide with no apparent fallout from above.
There are dozens of questions surrounding the Ottenwess situation and dozens more about how the department has been run during the Warren years. He was widely known as the department’s invisible man and for letting his command officers essentially run the department for him.
Citizens deserve answers to those questions and many more, and the only process that will provide them is a detailed internal investigation and critical scrutiny of the results. The criminal case against Ayling will likely provide some answers, but not all.
There is virtually no way for the city commission to conduct such a review. They don’t have the time or the expertise to do what needs to be done and there are too many political ramifications in the way. The best solution, then, is for the city to find a trusted outside agent with the expert knowledge and independence to know what questions to ask and then get the needed answers. And that can’t mean recycling some past city official or local law enforcement to do the job. The city desperately needs professional insight and expertise and must be willing to pay for it.
This doesn’t have to happen overnight, but it must happen soon. The commission is looking for a new city manager and that person, by charter, is the one to oversee the department - and conduct any effort to hire a new chief.
An internal probe, then, must begin before a new manager is hired. The new manager must know what is being done and be prepared to act on any findings. A competent review must include suggestions on needed structural and internal changes, which could be many.
City commissioners have to jettison their continuing tendency to put off tough decisions to give lesser options a try. That’s dithering, not leadership, and it is way past time someone took the reins at the police department.
The moment is now. City residents must demand answers, and it’s up to the city commission to provide them or explain to voters and taxpayers why they didn’t.
Police captain will go to trial
Traverse City Record-Eagle (MI)
May 5, 2015
TRAVERSE CITY — A Traverse City police captain will go to trial on a misdemeanor willful neglect of duty charge.
Eighty-sixth District Court administrator Carol Stocking said a special prosecutor and an attorney for city police Capt. Mike Ayling, 52, met and could not reach a plea deal. She said a three-day trial will be scheduled, but she didn't yet have a court date.
Ayling helped respond to and effectively took over a drunken and violent incident at then-city Manager Jered Ottenwess' home, a situation he maintained was a medical matter. Ottenwess eventually faced criminal domestic violence and attempted assault of a police officer charges after Grand Traverse County sheriff's investigators took over the case.
UPDATE: Police captain moves closer to trial
Traverse City Record-Eagle (MI)
May 5, 2015
TRAVERSE CITY — A Traverse City police captain is one step closer to a trial that could feature testimony from colleagues who urged him to investigate a potential domestic assault by the former city manager.
Mike Ayling, 52, doesn't yet have a court date, but 86th District Court documents state he'll be scheduled for a three-day trial on a willful neglect of duty charge. He rejected a plea to another charge, according to a pretrial statement signed Tuesday.
The trial will cover accusations outlined in a 57-page police report that Ayling failed to investigate signs of domestic violence in his response to a drunken Feb. 16 incident at then-city Manager Jered Ottenwess's home. The report's witness list includes several of Ayling's colleagues and subordinates in the city police department.
Antrim County Prosecutor Jim Rossiter, who was appointed to handle the case, didn't return a call for comment Tuesday. On Monday he said he'd have to disclose who could be called to testify if a trial was set.
"Like any other case, I have to list all potential witnesses," he said.
Ayling's attorney Shawn Worden didn't return a call for comment.
A report compiled by two Grand Traverse County sheriff's lieutenants who investigated the case states Ayling received several warnings from city police colleagues that he should alert prosecutors to potential signs of domestic violence committed by Ottenwess, 36.
State law requires reports in such cases to be made within 48 hours, but Ayling waited four days before he informed Grand Traverse County Prosecutor Bob Cooney, who directed police to hand over the investigation to their sheriff's department counterparts.
Sheriff's officials soon sought charges against Ottenwess, who eventually pleaded no contest to one count each of domestic violence and attempted assault of a police officer. Cooney grew concerned with a potential neglect of duty -- Ottenwess directly supervised city police Chief Michael Warren and the city police department -- and also directed sheriff's investigators to turn their attention to how Ayling and other city police officials handled the case.
That ended with investigators requesting a misdemeanor charge against Ayling and Cooney requesting a special prosecutor -- Rossiter -- be appointed to the case. Ayling pleaded not guilty after Rossiter authorized the charge in April.
Eighty-sixth District Court administrator Carol Stocking said Rossiter and Worden communicated before a scheduled Tuesday pretrial hearing and couldn't agree on a plea. Jury selection and trial will take place in Judge Thomas J. Phillips' court.
Ayling trial scheduled for August
Traverse City Record-Eagle (MI)
May 8, 2015
TRAVERSE CITY — City police Capt. Mike Ayling now knows when a jury will decide whether he willfully neglected his duty in his response to a drunken and violent incident at the then-city manager's home.
Eighty-sixth District Court records state Ayling, 52, is scheduled Aug. 3 for a three-day jury trial. He's charged with a misdemeanor on accusations he failed to promptly investigate signs of domestic violence during an altercation at the home of then-city Manager Jered Ottenwess.
Ayling was placed on paid leave after a special prosecutor authorized the charge.
Ayling trial scheduled for August
May 8, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — It likely will be three months before Traverse City police Capt. Mike Ayling stands before a jury who will decide whether he neglected his duty to investigate a potential crime in an incident at the former city manager's home.
A three-day jury trial for Ayling, 52, will begin Aug. 3, according to 86th District Court records. But that could change if Ayling's attorney Shawn Worden reaches a resolution with special prosecutor Jim Rossiter or is successful in a planned motion to Judge Thomas J. Phillips.
"Unless it gets resolved in an acceptable way, we'll file a motion to dismiss," Worden said.
Worden is tasked with defending Ayling on accusations he failed to promptly investigate and report signs of domestic violence during a Feb. 16 altercation at the home of then-city Manager Jered Ottenwess, 36.
A report by two Grand Traverse County sheriff's lieutenants states Ayling received several warnings from city police colleagues that he should alert prosecutors to potential signs of domestic violence. Ayling instead deemed the situation a medical matter and waited days to inform Grand Traverse County Prosecutor Bob Cooney about the incident.
State law requires reports in such cases to be made within 48 hours, so Cooney directed sheriff's officials -- who also took over an Ottenwess probe that led to Ottenwess' conviction on domestic violence and attempted assault of a police officer charges -- to turn their focus on city police.
That probe ended with investigators requesting a misdemeanor willful neglect of duty charge against Ayling and Cooney requesting a special prosecutor -- Rossiter -- be appointed to the case.
Rossiter didn't return a call for comment on the trial. Worden said he'll likely file a motion with the court in the next couple weeks.
City eyes new police chief
Traverse City Record-Eagle (MI)
June 28, 2015
TRAVERSE CITY — A police captain will temporarily helm the Traverse City Police Department as city officials sift through applications for candidates to replace retiring Chief Michael Warren.
Newly installed city Manager Martin Colburn said he appointed Capt. Jeff O'Brien to serve as interim city police chief. Warren officially ended his 43-year career with the department on June 26.
That left Colburn with the task of appointing an acting chief to handle the department's day-to-day operations while applications for a full-time chief stream in before a Friday deadline. Colburn said O'Brien's knowledge and service made him an obvious choice for the temporary role.
"I'm very pleased to have him continuing on with the role in the city," Colburn said.
It'll be up to Colburn to consider who'll be Traverse City's first new full-time police chief since 2003, when Warren took over the department. Colburn said about 14 candidates submitted applications for the position so far, but he expects more to arrive this week.
One potential applicant is O'Brien, who said he's mulling a decision but needs to talk with his family. He said for now it's just an honor to serve as interim chief, though he emphasized he carries the same responsibilities as he does as captain.
"I can't make any heavy operational changes," he said. "I just kind of maintain the status quo until we get a permanent chief."
Warren, who didn't return a call for comment, leaves behind a department still reeling after a drunken and violent incident at former city Manager Jered Ottenwess' home in February. The case led to Ottenwess' resignation as city manager and conviction on domestic violence and attempted assault of police charges.
It also prompted a Grand Traverse County Sheriff's Department probe into how city police responded to the incident. That probe led a special prosecutor to pursue a willful neglect of duty charge against city police Capt. Mike Ayling, who pleaded not guilty to the charge.
Ayling had been considered a potential candidate for the next chief. He said he "didn't know" if he'd apply when reached for comment last week. Ayling's jury trial is scheduled for Aug. 3 in 86th District Court.
Colburn said Warren served the city honorably. He said he won't look at the applications for Warren's successor until after the July 3 deadline.
"They will be reviewed and analyzed in regard to experience, as well as the needs of the department and city," he said.
The chief's position offers a minimum salary of $74,971. Requirements include a Bachelor's degree or an equivalent in public administration, a residence within 20 miles of the city limits, and at least five years experience in a command position.
Traverse City Police Captain rejects plea deal
UpNorthLive
July 14, 2015
Tue, 14 Jul 2015 18:35:09 GMT — A status conference was held on Tuesday between the Traverse City Police Captain Mike Ayling's attorney and prosecutor.
Capt. Ayling rejected the plea offer of neglecting or refusing to execute process penalty which carries a 90 day maximum misdemeanor.
Ayling was charged with neglect of duty following an investigation into the way he handled a February incident involving former city manager, Jered Ottenwess.
The attorney and prosecutor spoke with the judge in chambers to come up with a set of jury instructions.
Capt. Ayling's trial are set to begin August 3rd.
Ayling rejects plea offer
July 14, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — A trial for a Traverse City police captain will go forward after he rejected a plea offer.
Michael Ayling, 52, is scheduled to stand trial Aug. 3 in 86th District Court.
A status conference scheduled today showed he turned down a prosecutor's plea offer to a misdemeanor neglect or refuse to execute process charge.
Ayling is on paid leave from the city police department pending the outcome of a willful neglect of duty charge after a Feb. 16 incident at former city Manager Jered Ottenwess' home. He's accused of failing to properly investigate a drunken Ottenwess' acts of domestic violence against family members.
Ayling rejects plea offer
July 15, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — A Traverse City police captain had "no interest" in a plea offer that would have forestalled his trial on a misdemeanor willful neglect of duty charge, his defense attorney said.
Michael Ayling, 52, will instead leave his fate up to a 86th District Court jury in an Aug. 3 trial.
That trial is set to go forward after a Tuesday status conference in which Ayling rejected a plea to another charge. Ayling's attorney Shawn Worden said Ayling had no interest in the offer and plans to fight accusations he willfully neglected his duty in his response to a Feb. 16 altercation at the home of then-city Manager Jered Ottenwess.
"At this point, this is always a case that was headed toward trial," Worden said.
Ayling is on paid leave from his city police captain's duties after a special prosecutor — Jim Rossiter, Antrim County's prosecuting attorney — charged him with a crime in April. A Grand Traverse County Sheriff's Department probe into how city police responded to the incident at Ottenwess' home found evidence Ayling failed to promptly investigate and report signs of domestic violence, a requirement of state law.
Rossiter, who didn't return a call for comment, recently offered Ayling a plea to a misdemeanor charge of neglecting or refusing to execute process, according to court documents. The charge applies to law enforcement officers who "willfully neglect or refuse to discharge or execute any special duty imposed on any such officer by any provision of law."
Worden said Ayling will stand trial on the willful neglect of duty charge.
"He doesn’t think he willfully neglected his duty," he said.
Ayling poised to stand trial
August 1, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — An "800-pound gorilla" looms in the upcoming trial of Traverse City police Capt. Mike Ayling.
Ayling's attorney Shawn Worden alluded to such a beast with what he called "specious" accusations that Ayling's ambition to be the city's next police chief affected his handling of then-city manager Jered Ottenwess' drunken, assaultive behavior in February, according to a trial brief filed this week.
Ayling, 52, is scheduled to stand trial Monday on a misdemeanor willful neglect of duty charge.
The trial could span three days and promises to draw a host of local law enforcement officials to the witness stand. Various city police and sheriff's deputies are expected to testify about Ayling's handling of a Feb. 16 incident at Ottenwess' home and later spillover at Munson Medical Center.
Jurors will be asked to decide whether Ayling -- who for days termed the Ottenwess incident a medical matter, not a crime -- himself broke the law by failing to investigate and report Ottenwess' behavior.
Grand Traverse County Prosecutor Bob Cooney learned of the Ottenwess incident days after it occurred and directed sheriff's deputies to investigate. Cooney subsequently charged Ottenwess with two counts each of domestic violence and resisting and obstructing police.
Ottenwess eventually pleaded guilty to one count each of domestic violence and attempted assault of a police officer.
Sheriff's officials then investigated Ayling's response to the incident and a prosecutor charged him with neglect of duty.
Worden said Ayling, who was placed on paid leave in April, maintains his innocence. He said officers under Ayling's command didn't give Ayling probable cause that the drunken, aggressive Ottenwess committed a crime.
"The case is about the discretion of a police officer and what a police officer can rely on when no probable cause exists," Worden said.
The sheriff's department probe of Ayling found evidence he failed to investigate and promptly report signs of domestic violence committed by Ottenwess against family members, a requirement under state law.
A special prosecutor -- Antrim County Prosecutor Jim Rossiter, who didn't return a call for comment -- filed a misdemeanor charge in April against Ayling, based on the report. The sheriff's report also details Ayling's response to a question that his potential candidacy for city police chief played into his decision of how to handle the Ottenwess incident.
"He said, 'Sure. No doubt,'" the report states. "Ayling said he knew this was going to affect that."
Ottenwess, as then-city manager, had the final say in who would replace retiring city police Chief Mike Warren.
Worden said Ayling acted to help a person in need, not further his candidacy for the chief's job. Ottenwess had a .395 percent blood-alcohol content and his clearly ill condition at the hospital made clear to Ayling that Ottenwess wouldn't have a role in any such decision, he said.
"He'll testify he knew at that point (Ottenwess) wouldn't make any decisions as city manager," Worden said.
The police report states some of Ayling's colleagues and subordinates pressed him to look into a domestic violence case against Ottenwess. It states a subordinate asked Ayling if he'd make the same decisions with a "manager of another business and somebody he did not know."
"Capt. Ayling replied that 'he would,'" the report states.
Ayling is not named in a list of applicants for the now-open police chief position.
Ayling trial begins
Traverse City Record-Eagle (MI)
August 3, 2015
TRAVERSE CITY — The trial of Traverse City Police Capt. Mike Ayling kicked off with a special prosecutor telling jurors they'll have to focus on whether Ayling willfully neglected his duty to investigate a crime.
Antrim County Prosecutor Jim Rossiter gave his opening statement today to a seven-person, 86th District jury in Ayling's misdemeanor trial. Ayling, 52, helped respond after Feb. 16 incident at former city manager Jered Ottenwess' home that eventually led to Ottenwess' domestic violence conviction.
Rossiter charged Ayling with willful neglect of duty after a subsequent Grand Traverse County Sheriff's Department probe found evidence Ayling didn't investigate signs of domestic violence at Ottenwess' home.
But Ayling's attorney Shawn Warden told jurors in his opening statement that Ayling had no probable cause to suspect a domestic violence incident took place.
Rossiter called one witness -- Officer Mark Witczak -- to the stand after the opening statements. Witczak described a chaotic situation involving the drunken Ottenwess, but said he didn't see any evidence a crime had been committed. He also said that once Ayling responded that he, as commanding officer, would have taken over any investigation.
UPDATE: Ayling trial begins
Traverse City Record-Eagle (MI)
August 3, 2015
TRAVERSE CITY — Traverse City police Capt. Mike Ayling's fate in a willful neglect of duty trial remains linked with that of former city Manager Jered Ottenwess.
"It's a case within a case," Ayling's attorney Shawn Worden told an 86th District Court jury on Monday. "You can't talk about Capt. Ayling without talking about Jered Ottenwess. You can't talk about what Capt. Ayling did without talking about what happened in the Jered Ottenwess case."
Day one of Ayling's scheduled three-day trial kicked off in the same courtroom where Ottenwess in March pleaded no contest to a domestic violence charge. The events of a Feb. 16 incident at Ottenwess' home and Munson Medical Center brought both men before Judge Thomas Phillips, but for different reasons.
Ayling, 52, supervised the incident that became the focus of two probes by Grand Traverse County sheriff's investigators -- one into Ottenwess, and the other into city police.
A special prosecutor -- Jim Rossiter, Antrim County's prosecuting attorney -- pursued a criminal case against Ayling after a subsequent Grand Traverse County Sheriff's Department probe found he didn't follow up on signs of crimes by Ottenwess.
Rossiter told jurors they needed to wrestle with whether Ayling committed willful negligence when he failed to file a police report within 48 hours, the time frame state law requires police to send prosecutors reports in domestic violence cases.
"The focus is what were Capt. Ayling's actions with the information that he knew," he said. "What did he do with the information that he received that night."
Traverse City police Sgt. Keith Gillis and Officer Mark Witczak detailed chaotic scenes a drunken Ottenwess caused at his home and Munson Medical Center. Both officers testified they didn't see any evidence of crimes, told Ayling as such, and assumed that Ayling, as their commanding officer, would take over any investigation.
Gillis testified Ayling interviewed Ottenwess' wife and helped her fill out a petition to have Ottenwess involuntarily hospitalized. That petition turned out to be critical evidence in a subsequent domestic violence case against Ottenwess.
Gillis told Rossiter that Ayling spoke to him one day after the incident and told him the petition stated Ottenwess had shoved her. Rossiter asked Gillis if he knew that earlier whether it would have changed his course of action. Gillis said it would.
"Mr. Ottenwess would have been arrested for domestic violence," Gillis said.
Traverse City police Sgt James Bussell and captain and now interim Chief Jeff O'Brien testified they questioned Ayling about why Ottenwess wasn't arrested based on information he had thrown a phone at his mother. They both told Ayling to treat the incident as a crime and took their argument to then-Chief Mike Warren.
Worden questioned both men about Warren's involvement and asked both O'Brien and Bussell if Warren should have made the decision to charge Ottenwess, given the dispute between his two captains.
"He wouldn't make a decision," O'Brien said.
The trial is scheduled to run through Wednesday.
Witnesses take stand in day one of police captain trial
UpNorthLive
August 03, 2015
Mon, 03 Aug 2015 23:07:00 GMT — Day one in the neglect of duty case involving Traverse City Police Captain Mike Ayling began Monday morning.
Captain Ayling was charged following an investigation into the way he handled a February incident involving former city manager, Jered Ottenwess.
Antrim County Prosecutor Jim Rossiter called multiple Traverse City Police Officers to the stand Monday.
Rossiter was chosen as the special prosecutor for the case due to a potential conflict of interest with Grand Traverse County Prosecutor, Bob Cooney. Cooney is expected to take the stand on Tuesday.
The officers called to the stand on Monday shared information about what happened during their response to Ottenwess' home following a 911 call from his mother saying he was drunk and being destructive in the home.
The officers who responded told Captain Ayling that to their knowledge nothing criminal had occurred and it was a medical call.
Detective Sergeant Jim Bussell took the stand later on in the day. He says Captain Ayling called him the evening Ottenwess was taken to the hospital asking for information about the Americans Disability Act.
Bussell eventually questioned Capt. Ayling about why he wanted the information. That's when Capt. Ayling explained the situation to Bussell.
Bussell questioned why Ottenwess wasn't in jail based on the information that Capt. Ayling gave him. He responded saying that it was a medical situation.
"So he told you that no one was assaulted," asked Rossiter.
"Right," Bussell responded.
"Did he give you any other details about any physical actions that took place?"
"He said at one point that Ottenwess' mother had stated that Ottenwess had thrown the phone at her."
"You've been a police officer for a long time, is throwing a phone at somebody assault behavior?"
"I told him that's an assault."
"What was his response?"
"He said the phone didn't hit her and I said well that doesn't matter."
Bussell said that Capt. Ayling told him that he wasn't treating Ottenwess' situation any differently than he would someone else.
Both Bussell and Captain Jeff O'Brien testified that they tried multiple times throughout the week to encourage Capt. Ayling to file a police report for the prosecutor to review, saying that it wasn't just a medical call.
More questions surrounded a petition statement that was filed by Ottenwess' wife for Ottenwess to remain in the hospital for medical reasons. The questions surrounded the interpretation of whether or not aggressive behavior toward her had occurred the weekend police responded to the 911 call, or in the past.
Below is the petition statement from Ottenwess' wife:
"Jered has been drinking and heavily intoxicated since Friday evening," said Mrs. Ottenwess. "He has not had anything to eat since Friday. He has broken many things in our home, thrown things around and at me. He has pushed me into walls. He has told me to die and asked me to kill him. He is an alcoholic and needs rehabilitive treatment. Only myself and my three little children have seen the majority of this."
Captain Ayling takes stand in day two of trial
UpNorthLive
August 04, 2015
Tue, 04 Aug 2015 23:13:20 GMT — Several officers, former police chiefs, and the Grand Traverse County prosecutor took the stand in day two of Captain Mike Ayling's trial.
Capt. Ayling is charged with willful neglect of duty following an investigation into the way he handled a situation involving former City Manager, Jered Ottenwess.
The jury must decide whether or not Capt. Ayling neglected his duties when he failed to file a police report within 48 hours after learning about a possible domestic violence situation.
Two Traverse City Police Officers were called to the Ottenwess home in February following a 911 call made by his mother who told dispatchers he was drunk and destroying things in the home.
Ottenwess was taken to Munson Medical Center and had a BAC of .395.
On Tuesday the court heard testimony from Assistant City Manager Penny Hill, several sheriff's detectives, and two former Traverse City Police Chiefs. They all recalled conversations with Capt. Ayling in the days following the incident.
Grand Traverse County Prosecutor Bob Cooney also took the stand. He told the court about the Thursday morning when Capt. Ayling and Sgt. Bussell went to his office with opposite opinions about whether or not the situation should be handled as a criminal or medical matter.
"I was told at that time an object had been thrown at Mr. Ottenwess' mother," said Cooney. "I was told that Mr. Ottenwess had pushed his wife into a wall".
Cooney says he asked to review the police reports during their meeting, because he felt it was a potential domestic violence situation that needed to be investigated more.
Cooney says he was told there wasn't a police report, and he explained to the court that state law requires domestic violence reports to be written and sent to the prosecutor for review within 48 hours of an incident.
Capt. Ayling took the stand and talked about his conversation with Ottenwess' wife at the hospital, who told him that Ottenwess had pushed her in the arm, but that it was an accident.
Officer Witczak said there was no crime committed, Keith Gillis said there was no crime committed, Mrs. Ottenwess said there was no crime committed. When she said he pushed me, I was very very aware of what that means and I was very careful to get a very accurate description of what that means and she said it was incidental contact, he did not push me," said Capt. Ayling. "At that point I didn't think I had probable cause to believe a crime was committed."
Later on, Capt. Ayling testified that he didn't play favorites with Ottenwess, and that his potential candidacy for police chief had nothing to do with his decisions.
He also said that if he knew then what he knows know, that he probably would have done something different.
Court ended around 3:00pm on Tuesday.
The jury will hear closing arguments on Wednesday and will then go behind closed doors to decide the verdict.
Prosecutor, former police chiefs take stand in Ayling trial
Traverse City Record-Eagle (MI)
August 4, 2015
TRAVERSE CITY -- Three high-ranking current and former local law enforcement officials took the stand in the second day of Traverse City Police Capt. Mike Ayling's trial.
Grand Traverse County Prosecutor Bob Cooney told 86th District Court jurors today that Ayling, 52, told him there were no police reports prepared for days following a February incident at then-city Manager Jered Ottenwess' home.
Ayling described signs of domestic violence, but gave the opinion it was an accident because of Ottenwess' extreme intoxication on Feb. 16, Cooney said. He told Ayling being drunk isn't a defense in domestic violence cases.
"It seemed extremely odd," Cooney said. "Probably 75, 80, or more percent of the cases we deal with involve someone who is consuming alcohol or is intoxicated. And so, it seemed odd to me the question about whether if someone is intoxicated, whether that will be a medical situation or whether that will be a criminal situation."
Ayling is in his second day of the trial for a willful neglect of duty charge. Two of his former police chiefs -- Ralph Soffredine and Michael Warren -- followed Cooney on the stand to recount their dealings with Ayling following the incident that began at Ottenwess' home and spilled over to Munson Medical Center.
Ayling takes stand in trial
August 4, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — Traverse City police Capt. Mike Ayling stood his no-crime-committed ground for days after a violent, drunken incident at a city official's home, even though his colleagues challenged his assertion that it was a medical emergency.
But Ayling, 52, acknowledged on Tuesday that he wasn't clear on the legal definition of assault. He still hasn't reviewed the law, he told a special prosecutor two days into his 86th District Court trial on accusations of deliberately failing to investigate a Feb. 16 altercation involving then-city Manager Jered Ottenwess as a domestic violence case.
"I thought there had to be a victim who was in fear they were going to be hit by an object," Ayling said Tuesday from a witness stand. "I didn’t see that."
Closing arguments in Ayling's willful neglect of duty trial are set to begin Wednesday. Jurors will have to decide whether Ayling deliberately avoided pursuing a domestic violence case against Ottenwess, who resigned his position in March.
Witnesses testified in the trial that Ottenwess drunkenly tore through his house, threw a phone at his mother and pushed past his wife. Three high-ranking current and former law enforcement officials also took the stand Tuesday and faced questions from special prosecutor Jim Rossiter and Ayling's attorney Shawn Worden about Ayling's actions.
Ayling acknowledged that now-retired police Chief Michael Warren had long-planned for Ayling to take over the chief's position. He said he knew the plan wouldn't be "so seamless" after he learned about what happened at Ottenwess' home in February and saw Ottenwess' "crazy eyes" in the hospital.
"I thought, 'Well, he's either not going to be city manager tomorrow or he's not going to be the guy who decides who the next chief is,'" Ayling said. "I really, at that point, thought I didn't owe him anything at all. He's not going to be the guy that decides who the chief is."
"Would that have been relevant anyway?" Worden asked.
"It certainly should have been," Ayling said. "There's no getting around the fact of who he is. All I can do is the best I can to not let it influence my decisions."
"Did you let it influence your decisions?" Worden asked.
"I don't believe so," Ayling said.
Ayling said he carried on days of debate with fellow city police Capt. Jeff O'Brien and Sgt. Jim Bussell about whether the incident should have been pursued as domestic violence or a medical matter. He said he suggested meeting with Grand Traverse County Prosecutor Bob Cooney to prove Bussell wrong.
The subsequent meeting didn't go as Ayling expected.
Cooney took the stand Tuesday and said city police hadn't written reports, despite Ayling describing signs of domestic violence. He said Ayling gave the opinion it was an accident because of Ottenwess' extreme intoxication.
It's a position Cooney corrected, telling Ayling that being drunk isn't a defense in domestic violence cases.
"It seemed extremely odd," Cooney said. "Probably 75, 80, or more percent of the cases we deal with involve someone who is consuming alcohol or is intoxicated. And so, it seemed odd to me the question about whether if someone is intoxicated, whether that will be a medical situation or whether that will be a criminal situation."
State law requires police officers to file reports within 48 hours of a domestic violence incident. Worden argued the law had contradictions and no witness testified that Ayling deliberately acted improperly, a key element in a willful neglect of duty charge.
But Judge Thomas Phillips denied Worden's motion to declare a directed verdict in which Phillip would tell the jury to effectively acquit Ayling. Phillips said Cooney's testimony provided circumstantial evidence that Ayling knew about signs of domestic violence and took Ottenwess' position as city manager into account when discussing a probe into the incident.
Deliberations begin in Ayling trial
Traverse City Record-Eagle (MI)
August 5, 2015
TRAVERSE CITY — Jurors started deliberations this morning in the trial of Traverse City police Capt. Mike Ayling.
Special prosecutor Jim Rossiter and Ayling's attorney Shawn Worden gave closing arguments today in 86th District Court.
Ayling, 52, is on trial for willful neglect of duty for his actions following a Feb. 16 incident at former city manager Jered Ottenwess' home that led to Ottenwess' domestic violence conviction.
Rossiter argued witnesses gave more than enough evidence to show Ayling deliberately failed to file a police report in the incident because Ottenwess, as city manager, would be in position to select him as the next police chief.
Worden said Ayling didn’t have probably cause to believe Ottenwess committed domestic violence, and instead Ayling tried to help an ill person in need.
Traverse City Police Captain found not guilty
UpNorthLive
August 05, 2015
Traverse City Police Captain found not guilty
UpNorthLive
August 05, 2015
Wed, 05 Aug 2015 15:49:41 GMT — Traverse City Police Captain Mike Ayling was found not guilty by a Grand Traverse County jury on Wednesday.
Capt. Ayling was being charged with willful neglect of duty following an investigation into the way he handled a situation in February involving former City Manager, Jered Ottenwess.
The jury began Wednesday's trial with closing arguments.
Antrim County Prosecutor, Jim Rossiter said he believed the jury had enough evidence to find that Capt. Ayling willfully neglected his duty by not filing a police report in the Ottenwess investigation.
"His response and his focus was keep it medical, not criminal," said Rossiter. "Maybe it will be covered by the ADA , that will get Jered Ottenwess treatment, that will keep him possibly in his job as city manager, and at that point Capt. Ayling's plan to be the next chief of police is still in place and still viable."
Capt. Ayling's attorney Shawn Worden, argued back, saying there wasn't any evidence that Capt. Ayling did anything wrong, and that he treated the situation as medical based on the information he received from the two officers who responded that evening, and Ottenwess' wife.
"That's what this trial is all about," said Worden. "A person doing the best he could with the information he had, making decisions that he felt were good."
The jury went behind closed doors to determine the verdict. In just 45 minutes they had made their decision, and found that Capt. Ayling was not guilty.
Capt. Ayling's mother Colleen Ayling, and his wife were among many family members and friends who sat behind Ayling in the courtroom all week.
"It's been horrible, just horrible," Colleen said. "The family has just been devastated, Mike has just been devastated. It's been a very very hard thing."
Colleen says they never had any doubt he was innocent. She said hearing that the jury had reached the same conclusion was a huge relief for everyone.
"No question in our minds at all, no, we know our son, we know what he feels inside," said Colleen. "No. Mike's one of those people that quietly goes around helping people and I think that's what he was doing with Mrs. Ottenwess. He was trying to help."
Rossiter says it was a complex case to work on.
"They did what they are supposed to do. The jury rendered their verdict and I don't feel good about it, I don't feel about it," said Rossiter.
But it's not over yet.
We spoke with Traverse City Mayor Michal Estes who said he and the city commissioners received an email Wednesday afternoon from the Traverse City Manager, Marty Colburn.
Colburn wrote that he would like an internal investigation to be conducted so that he can review whether or not city policies were followed.
Estes says that Colburn also wrote that Capt. Ayling will remain on paid administrative leave during this process.
Colburn returned our calls later on in the afternoon and confirmed the contents of the email. He says that he's requested that the Grand Traverse County Sheriff's Department conduct the investigation.
As of 4:30 p.m. he had not been in contact with Capt. Ayling or his attorney.
Police captain cleared of neglect of duty in drunken city manager case
MLive
Aug. 05, 2015
TRAVERSE CITY, MI - A Traverse City police captain was found not guilty of willful neglect of duty over his handling of a drunken episode involving then-City Manager Jered Ottenwess.
A jury acquitted Capt. Michael Ayling on Wednesday, Aug. 5, after a three-day trial in 86th District Court, a court official said.
Antrim County Prosecutor James Rossiter filed the misdemeanor charge after Grand Traverse County Prosecutor Robert Cooney expressed concern that he wasn't told about the former city nmanager's troubled night, which ultimately led to convictions for domestic violence and attempted assault of a police officer, until three days later.
Police responded to Ottenwess' home on Feb. 16 after his mother called 911 to report that he was tearing up the house. Police reports said Ottenwess had a blood-alcohol level of 0.39 percent.
Police say he struggled with officers at the hospital.
Ayling spoke at the hospital with Ottenwess, Ottenwess' wife and two Traverse City police officers.
He testified Tuesday that Ottenwess' wife was pushed in the arm by her husband but that she and two police officers believed it to be an accident, according to UpNorthLive.com.
Ayling considered the incident to be a medical problem rather than criminal matter, as some thought, UpNorthLive reported.
Jurors: Ayling not guilty
Traverse City Record-Eagle (MI)
August 5, 2015
TRAVERSE CITY — A Grand Traverse County jury found Traverse City Police Capt. Mike Ayling not guilty of willfully neglecting his duty to investigate a drunken domestic violence altercation at the home of former city Manager Jered Ottenwess.
Eighty-sixth District Court jurors acquitted Ayling on the charge during the third day of trial today at about 11 a.m.
The jury deliberated for 35 minutes before delivering the verdict.
Ayling has been on paid administrative leave since prosecutors in April authorized a misdemeanor charge against him following a probe into his handling of a Feb. 16 incident at Ottenwess' home.
Witnesses testified during Ayling's trial that Ottenwess, who resigned his position in March, drunkenly tore through his house, threw a phone at his mother and pushed past his wife.
Ayling deemed the situation a medical emergency, not a crime. Grand Traverse Prosecutor Bob Cooney testified during the trial that city police did not immediately document the incident in police reports, and that Ayling maintained the incident was an accident because of Ottenwess' extreme intoxication.
UPDATE: Jury acquits Ayling
Traverse City Record-Eagle (MI)
August 5, 2015
TRAVERSE CITY — It took 35 minutes for jurors to acquit Traverse City police Capt. Mike Ayling on a willful neglect of duty charge, but his return to active duty with the police department surely will take much longer.
Applause erupted in a 86th District courtroom Wednesday morning when jurors found Ayling, 52, not guilty. The verdict capped a three-day trial that focused on Ayling's actions in the wake of a drunken Feb. 16 incident at former city manager Jered Ottenwess' home.
Ayling's mother Colleen Ayling said the verdict came as a relief.
"You just never know what the jury sees and understands," she said.
The verdict may spare Ayling a misdemeanor conviction, but not further scrutiny of his decisions in the Ottenwess case. City Manager Marty Colburn said he's requested the Grand Traverse County Sheriff's Department conduct an internal probe, during which time Ayling's paid leave status will continue.
"I will under my authority be ordering up an internal investigation to see if any breaches of city policy or practices occurred," Colburn said.
That probe will return to the ground sheriff's officials covered in two separate investigations into the Ottenwess incident. One probe in February focused on Ottenwess' actions and led to his no contest pleas on charges of domestic violence and attempted assault of a police officer.
The second probe began in March and formed the basis of special prosecutor Jim Rossiter's criminal case against Ayling. Witnesses testified at trial that Ayling maintained Ottenwess didn't commit any crimes, despite learning Ottenwess drunkenly tore through his house, threw a phone at his mother and pushed past his wife.
Ayling termed the situation a medical matter, a stance that put him at odds with city police colleagues who argued there was probable cause for a domestic violence case. State law requires such cases to be investigated promptly and reports to be filed within 48 hours.
Rossiter -- Antrim County's prosecuting attorney -- told jurors during closing arguments Wednesday morning that there was evidence Ayling avoided pursuing a criminal case because Ottenwess, as city manager, would be in position to appoint Ayling to the now-vacant police chief position.
"The focus is on the behavior of that man right there," Rossiter said, pointing, "the defendant, Capt. Ayling. What did he do and, most importantly, what didn't he do?"
But Ayling's attorney Shawn Worden countered that Ayling relied on his officers and his own discretion when he found no probable cause existed that Ottenwess committed domestic violence. He portrayed Ayling as a police officer doing his duty to protect and serve; in Ottenwess' case, a belligerent man with a potentially fatal .395 percent blood-alcohol content.
"That's what this trial is about: a person doing the best he could with the information he had, making decisions that he thought were good," Worden told jurors.
Ayling, after the verdict, referred questions to Worden, who didn't return a call for comment. Rossiter said the jury did their duty.
"I don't know what the decision was based on," Rossiter said. "Sometimes they look at certain points, but at the end of the day they rendered their verdict and that's how it's supposed to go."
Grand Traverse County Prosecutor Bob Cooney, who ordered the investigation into Ayling, said he respected the jury's verdict and appreciated Rossiter representing Grand Traverse County.
"Despite the verdict, there was some troubling evidence presented that the former city manager was treated differently than other similarly situated persons," Cooney said.
Witnesses testified that Ayling developed a plan to keep Ottenwess at the hospital, in part by means of a petition that would have him involuntarily committed to the hospital for at least three days. They also testified he stayed at the hospital while Ottenwess sobered up, a rare act for a police officer.
Cooney said admissions by Ayling at a minimum showed "incompetence" in the way he handled a potential domestic case. He said Ayling appeared to know little about the department's policy in domestic violence that emphasizes arrest.
"The standard in a criminal trial is much different than it is in a civil case or an internal investigation," he said. "The fact, again, that the jury found there was no willful neglect of duty on the part of Capt. Ayling doesn't necessarily mean there weren't any mistakes made or there was some wrongdoing that didn't rise to a criminal level."
Cooney said he hoped an internal investigation would address those issues. Colburn said he'll wait until the internal probe is complete to make any decision on Ayling's employment or status with the department.
City manager orders internal investigation in Ayling case
Traverse City Record-Eagle (MI)
August 5, 2015
TRAVERSE CITY — Traverse City police Capt. Mike Ayling will remain on paid leave while authorities conduct an internal probe of his actions following an incident at former city Manager Jered Ottenwess' home.
Jurors today found Ayling, 52, not guilty of willful neglect of duty. The three-day 86th District Court trial focused on whether he criminally failed to investigate signs of domestic violence committed by Ottenwess on Feb. 16.
The verdict spares Ayling a misdemeanor conviction, but his acquittal doesn't mean he'll immediately return to his duties at the city police department. City Manager Marty Colburn said today he's reached out to the Grand Traverse County Sheriff's Department to conduct an internal probe.
"I will under my authority be ordering up an internal investigation to see if any breaches of city policy or practices occurred," he said.
Colburn said he'll wait until the probe is complete to make any decision on Ayling's employment or status with the department.
Sheriff passes on city police internal probe
Traverse City Record-Eagle (MI)
August 19, 2015
TRAVERSE CITY — An internal investigation requested in the wake of Traverse City police Capt. Mike Ayling's criminal trial won't be conducted by the city manager's first choice for the job.
Grand Traverse County Sheriff Tom Bensley last week declined Traverse City Manager Marty Colburn's request that sheriff's officials handle the probe. Colburn called for the sheriff's department to conduct an internal investigation after jurors on Aug. 5 acquitted city police Capt. Mike Ayling on a misdemeanor willful neglect of duty charge.
The verdict cleared Ayling, 52, of a crime, but Colburn wanted to know if Ayling or other city police officers violated internal policies in their response to a Feb. 16 incident at former city Manager Jered Ottenwess' house.
Colburn called it "standard operating procedure" to conduct such a probe after accusations of wrongdoing by public officials.
"I'll identify a third party and go forward," he said.
Ayling will remain on paid leave at least until the investigation is complete.
Bensley said his department already investigated two criminal complaints involving the Ottenwess incident at the request of Grand Traverse County Prosecutor Bob Cooney. One led to Ottenwess' conviction on domestic violence and attempted assault of a police officer charges.
The other prompted Ayling's three-day trial this month on accusations he deliberately failed to recognize signs of domestic violence committed by Ottenwess. Bensley said concerns about perceived bias led him to decline a third investigation.
"We just think an outside look from another person or entity would be the right way to go," he said.
Bensley said he didn't pass along any recommendations as to who could conduct the probe. Colburn said he has not yet identified another potential investigator.
Ayling's attorney Shawn Worden didn't return a call for comment, but previously said Ayling would cooperate with any new probe. He also previously said that he didn't see the necessity of such a probe, but would "welcome" a review in the whole city police response to the Ottenwess situation.
"Clearly, at the trial there were a lot more moving pieces than just Capt. Ayling's actions," he said.
Grand Traverse County Prosecutor Bob Cooney directed the sheriff's department to conduct investigations into both Ottenwess and Ayling's and city police's response to the incident. Cooney has not been consulted regarding an internal investigation, but said the prior probes should give a good jumping off point.
"I think you've got most of the facts already from those two investigations," he said.
Sheriff's investigators found evidence a drunken Ottenwess committed domestic violence and tried to resist or assault police officers. They also found in a subsequent investigation that Ayling failed to follow up on signs of domestic violence promptly by filing a police report within 48 hours, a violation of state law.
Witnesses testified in the trial that Ayling learned Ottenwess threw a phone and pushed past his wife during the incident. Ayling himself testified he didn't believe those actions gave probable cause to pursue a domestic violence case.
The police department's policy emphasizes arrest in all domestic violence cases. It states that officers should not consider factors such as a suspect's occupation or the wishes of either the suspect or victim concerning arrest or prosecution.
Cooney said his office drafted the policy based on state law requirements. He wouldn't say whether the trial or investigations indicated Ayling violated the policy.
"I'm going to decline to comment on that directly," he said. "Obviously, that was one of the questions for the jury, what Ayling knew and when."
Attorney completes report on Ottenwess incident
Traverse City Record-Eagle (MI)
October 2, 2015
TRAVERSE CITY — City commissioners will consider paying $8,600 for an investigative report detailing how city police officers handled an incident at a former city manager's home that led to his firing and criminal charges against both the manager and a police captain.
But it's a report that neither commissioners nor the public are ever supposed to see.
City Manager Marty Colburn hired the Lansing area law firm of Michael Kluck and Associates to investigate the city police actions regarding the drunken outbursts and domestic assault by Jered Ottenwess, the former city manager, in February. City police never arrested Ottenwess despite statements from witnesses that he threw something at his mother, pushed his wife against a wall, and attempted to bite a police officer.
Police Capt. Mike Ayling, the officer who took control of the incident, was charged with willful neglect of duty but acquitted by a jury in August. Ayling remains on paid administrative leave pending completion of an internal investigation.
Colburn declined to identify Ayling as the specific focus of the investigation and he declined to say whether other city police officers were investigated in the probe.
"I was looking at the total event and all that surrounded it," Colburn said. "We brought in a third party to review the incident and the police actions around it."
Ayling's attorney, Shawn Worden, said he's unaware any internal report is concluded. He expects to meet city officials next week with Ayling but said no date has been set.
Colburn said he has had the report a short time and still is reviewing the due process procedures that will guide the next steps. He expects to resolve the issue "in the very near future" but does not plan to make the report public or provide it to commissioners.
"I'm working on what I owe the employees, the organization and the community and there are certain privacy issues under the law I am required to maintain," Colburn said. "Whatever does come out in the end I will share with (commissioners and the public) ... and I will share with them my due diligence on the issue."
Commissioners will be asked Monday when they meet at 7 p.m. in the Governmental Center to approve payment for the bill because it goes beyond Colburn's $7,000 spending authority.
Several commissioners said they were unaware Colburn hired the law firm but knew he was pursuing an internal investigation. Commissioner Ross Richardson said he wouldn't expect to see the report.
"I don't think we need to involve ourselves in what is basically a personnel matter," Richardson said. "We should look at if we have issues of cronyism and favoritism but not express it in the terms of one person's job performance."
Commissioners to see redacted report
October 5, 2015
Traverse City Record-Eagle (MI)
TRAVERSE CITY — City commissioners will see pieces of a report that could end the months-long probe into events surrounding an incident at a former city manager's home.
The incident, which has been analyzed in courtrooms, government chambers and a distant attorney's office, occurred in February.
"I want to see it resolved," said Traverse City Mayor Michael Estes. "I don't have an opinion one way or another, not at this point. After I read whatever's in the report I may have a different opinion."
Commissioners on Monday night approved spending $8,600 on an investigative report detailing city police officers' handling of the incident at former city manager Jered Ottenwess' home. Police responded to a 911 call from Ottenwess' home on Feb. 16, where they found him in an aggressive, profane, alcohol-fueled state. The episode led to Ottenwess' firing and criminal charges against both him and police Capt. Michael Ayling.
Ayling, the officer who took control of the episode, was charged with willful neglect of duty but acquitted by a jury in August.
The criminal investigation is done, said city manager Martin Colburn. The report Colburn commissioned from Lansing-area law firm Michael Kluck and Associates will answer whether city employees followed the city's procedures.
"I did need to conduct a review of the city's practices and policies in place because it was a serious incident with serious ramifications," he said.
Colburn agreed to release parts of the report to commissioners when questioned about its price tag — the final tab exceeded his $7,000 spending limit — but said he would not release the entire document because it involves a personnel issue. He also cited "attorney-client privilege," a scenario in which he is the client.
Releasing parts of the document will allow commissioners to see how Colburn comes to his next decisions, Estes said.
The report was a surprise to some commissioners.
"I can understand why you might want to do this," said Commissioner Barbara Budros. "(I'm surprised) that you're coming to us at this point to authorize a payment for more than your spending limit for something I didn't even know was taking place."
Colburn said he will consult with city attorney Lauren Trible-Laucht about releasing some information from the report. He expects to make personnel decisions in a few weeks.
Ayling remains on paid administrative leave. Estes hopes that status will come to an end following Colburn's review of the report.
"I'm pretty sure that one way or the other, either he's going to be reinstated or he's going to be terminated," Estes said. "I really just don't see a whole lot of other potential options."
Patience running out for Ayling decision
Traverse City Record-Eagle (MI)
October 20, 2015
TRAVERSE CITY — City commissioners have begun to lose patience as the cost of keeping Police Capt. Mike Ayling on paid administrative leave topped $41,000 while he awaits a decision about disciplinary action from City Manager Marty Colburn.
Ayling this week surpassed the six-month mark since former Traverse City police Chief Mike Warren put him on paid leave after prosecutors authorized a misdemeanor charge of willful neglect of duty against him. The charge followed an investigation into his handling of a probe into a Feb. 16 domestic violence incident involving former City Manager Jered Ottenwess. A Grand Traverse County jury found Ayling not guilty on Aug. 5.
Soon after the verdict Colburn announced he would launch an internal investigation and eventually hired downstate attorney Mike Kluck to lead the probe. Kluck completed interviews of Ayling and the two other city police officers on Aug. 24.
"It is an issue that has been going on far, far too long," said Mayor Michael Estes. "It's a huge expense to the city and (Colburn) has to resolve it."
Ayling is paid $3,201 prior to deductions every two weeks — the same rate he is paid for full-time work. He continues to receive all pension and health and other benefits, city officials said. He has earned roughly $17,600 since his acquittal on the criminal charges.
Colburn declined to provide a timeline for addressing Ayling's job status.
"There is a process I have to follow and we are working on this as efficiently as possible," Colburn said.
On Monday, Colburn provided city commissioners copies of three interviews conducted by Kluck but nothing else, citing attorney-client privilege.
Estes said he would need to read through the transcripts several times but they don't appear to contain much new information.
"He promised us these documents and he delivered, but we still need to have a conclusion, period," Estes said.
Commissioner Ross Richardson said he expected a decision by now but Colburn has shown a knack for finding compromise so he's willing to give the city manager more time.
Other commissioners want it resolved.
"As far as I know Mr. Colburn has everything he needs to make a decision and I don't know why he hasn't," said commissioner Barbara Budros.
Commissioner Jim Carruthers said the situation puts commissioners in an awkward position. They get heat about it from the community but they don't know anything because the city charter bars them from intervening in personnel matters.
"I don't know what is going on but we would like some closure," Carruthers said. "This issue bleeds over into other issues and the drama needs to be finished.
"We also owe a decision to Capt. Ayling so he can get on with his life and his career," Carruthers said.
Ayling could not be reached for comment Tuesday.
Bob Donick, Ayling's Teamsters union representative, said there's a lot of stuff going on right now but he can't talk about it at this point.
"Hopefully a conclusion will be reached in two weeks at the most, maybe even one week," Donick said.
Estes said he doesn't have all the information but thinks the city would be hard pressed to fire Ayling, but other discipline is possible.
"If Capt. Ayling needs further punishment then lets hand it out," Estes said. "Commissioners are not going to second guess the city manager. I think they will support whatever he decides, but let's make a decision and move on."
Estes also suggested in an email to Colburn that he look at the police department's need for two captains and a chief as Colburn looks to restructure the organization. Currently there is just one captain acting as interim chief as Colburn has not filled the police chief's position that was vacated June 30 when Warren retired.
"If we have gone (six) months with one or maybe two ... less administrators in the police department, maybe it is time to eliminate those positions and to use those tax dollars for better public services." Estes wrote.
Colburn to brief board on Ayling
Traverse City Record-Eagle (MI)
October 25, 2015
TRAVERSE CITY — City commissioners will get a long-awaited briefing on an internal investigation into how police handled a drunken incident with the former city manager but it will occur behind closed doors.
City Manager Marty Colburn said he will ask commissioners to go into closed session to discuss a confidential letter from attorney Mike Kluck when they meet Monday at 7 p.m. in the Governmental Center. Colburn hired Kluck to investigate the handling of a Feb. 16 domestic violence incident at the home of former City Manager Jered Ottenwess. Police Capt. Mike Ayling has been on paid administrative leave since April when he was charged with willful neglect of duty for how he handled the probe into the former city manager's behavior.
Ayling was found not guilty of the misdemeanor in August and Colburn announced he would begin an internal investigation before making a decision about bringing Ayling back to work. Colburn continues to decline comment on the investigation other than to say he hopes to resolve it as soon as possible.
Ayling has received six months of pay valued at more than $41,000 for the time he has been on leave and several commissioners recently said they were starting to lose patience.
"We need closure on this, we need to move forward and get it over with," said Commissioner Jim Carruthers. "Hopefully Marty (Colburn) is going to highlight what his game plan is. I'm assuming we will be given some information but we probably won't be able to share that."
Colburn said he does not expect to ask commissioners to take any action following the closed session. Colburn does not need commission approval to discipline Ayling or fully reinstate him, but he would need commission approval for any sort of financial buyout.
Ayling said he's just waiting for a decision.
"I haven't heard anything," he said.
Commissioners will also consider approving a letter stating their intention to continue their support for removal of the Boardman and Sabin dams on the Boardman River owned by Grand Traverse County and alterations to the Union Street Dam owned by the city.
Federal agencies have offered to contribute $12 million to the river restoration project administered by the U.S. Army Corps of Engineers in exchange for a renewed local commitment to the effort — and a willingness to come up with about $2 million in non-federal money for the Sabin and Union Street dam projects.
County board Chairwoman Christine Maxbauer requested the letter from the city in advance of a Wednesday vote by county commissioners on whether to go forward with the project. Some county board members have voiced their opposition to the new deal.
The letter does not make a financial commitment but city Commissioner Ross Richardson said he expects the city to pick up its share.
"I'm ready to meet the match requirements as laid out by the Army Corps of Engineers," Richardson said.
City mum on Ayling situation
Traverse City Record-Eagle (MI)
October 27, 2015
TRAVERSE CITY — City commissioners had little to say following a closed-door briefing on the investigation into police actions in a drunken incident involving the former city manager, but the issue may still come back to commissioners for a vote.
Commissioners went into closed session on Monday at the request of City Manager Marty Colburn, who told commissioners he intended to provide them information about the investigation into the handling of a Feb. 16 domestic violence incident at the home of former City Manager Jered Ottenwess.
Police Capt. Mike Ayling was charged in April with willful neglect of duty for how he handled the probe but was acquitted by a jury in August. Colburn then launched an internal investigation into possible violation of city policies. Ayling has remained on paid administrative leave since April, causing some commissioners to urge Colburn to resolve the issue soon.
But Commissioner Jeanine Easterday said commissioners need to show patience.
“They needed to do what they needed to do and we were updated tonight to my satisfaction,” Easterday said. “If it takes too long for some people it takes too long.”
Colburn indicated some aspect of the issue will come back to commissioners.
“In closed session I will be offering some information as part of the resolution of the investigation so that you are knowledgeable on some of the facts of that as well as some consideration that I am going to request for you to consider — no determination for tonight — but in the future,” Colburn said.
The city manager has final authority over personnel decisions regarding most departments, including the city police.
Richard Lewis, who was city manager for 17 years in Traverse City, said he’s not sure what “consideration” Colburn would need from commissioners because the city manager has the authority to hire and fire.
“Unless it’s a buyout or something like that, I don’t know,” Lewis said. “The city manager can’t enter into a contract in excess of his spending authority.”
Commissioners also took action Monday to approve a letter restating their support for removal of the Grand Traverse County-owned Boardman and Sabin dams on the Boardman River, and alterations to the Union Street Dam owned by the city.
The U.S. Army Corps of Engineers and Environmental Protection Agency have offered to contribute $12 million to the river restoration project but asked for a renewed local commitment to the effort. Commissioners stated their intent to follow through and help cover the local match at a recent joint meeting with the Grand Traverse County commission.
“I want to say how proud I was (at the recent joint meeting) the entire city commission stood up and said they were unanimous in favor of it,” Commissioner Ross Richardson said Monday. “This is one of the greatest ecological restoration projects that this region has probably ever seen.”
UPDATE: Colburn says settlement best outcome
Traverse City Record-Eagle (MI)
November 9, 2015
TRAVERSE CITY — City Manager Marty Colburn called a negotiated buyout that will allow Police Capt. Mike Ayling to retire early and end his employment with the city police department the "best outcome" for all involved.
The negotiated agreement will contribute $50,000 to Ayling's pension plan and continue to provide him full family health insurance coverage through May 2017. The $50,000 will allow Ayling, who worked 23 years as a city police officer, to retire about 17 months early, Colburn said. Ayling will also be allowed to use about two months of accumulated sick and vacation time, which will keep him on the city payroll through Jan. 11, 2016.
Ayling has been on paid administrative leave since April when he was charged with willful neglect of duty for how he handled a probe into a drunken, domestic violence incident on Feb. 14 involving former City Manager Jered Ottenwess. A jury acquitted Ayling in August shortly before Colburn launched an internal probe.
"We looked at all options and this is the best approach to resolve the issue," Colburn said. "We tried to find the best course for the police department, the community, and Capt. Ayling and this is the best outcome for that."
Colburn said his decision was unrelated to the criminal case filed against Ayling and based solely on a review of Ayling's actions related to following established police policies and procedures in the handling of domestic violence cases.
"There were some mistakes made," Colburn said. "Domestic violence is a serious issue in our community and we need to focus on it more."
Mayor-elect Jim Carruthers said commissioners supported the agreement to avoid being sued by the union if Colburn dismissed Ayling from the department. He said a lawsuit would likely have cost as much as the pension payment.
"There were some missteps we found out and (Colburn) had a big concern about it and found there was a great need for a change in the culture of the police department," Carruthers said. "And I'm ready for it to be over and move on."
The agreement was the sitting commission's last act before three new members are sworn in Monday night at 7 p.m. Mayor Michael Estes missed the vote but all other commissioners approved the deal with a vote of 6-0.
Both Teamsters union representative Bob Donick and Ayling declined comment.
"Right now I'm not at a point to talk but I'll talk tomorrow or the next day," Ayling said.
UPDATE: O'Brien appointed police chief
Traverse City Record-Eagle (MI)
December 17, 2015
TRAVERSE CITY — Jeffrey O'Brien is in no rush to switch offices.
It has been about six months since O'Brien, 54, took over the interim chief position for the Traverse City Police Department, a role he performed from his captain's office in the Law Enforcement Center. City Manager Marty Colburn on Thursday told O'Brien he will take over the position full time.
But O'Brien still has no immediate plans to move down the hall into former Chief Michael Warren's vacant office.
"If I find time," he said.
O'Brien's appointment caps off a tumultuous year for the police department. Warren retired in June, leaving the department without a full-time chief for the first time in 13 years. But his potential successor — Capt. Mike Ayling — at that time awaited trial for his handling of an investigation into a drunken domestic violence incident at then-city Manager Jered Ottenwess' home in February.
A jury in August acquitted Ayling on a willful neglect of duty charge. He later took a negotiated buyout that would allow him to retire early.
Colburn named O'Brien interim chief and O'Brien soon implemented a sweeping overhaul in the department's staffing structure. That "community policing" program puts officers in four sections in which they essentially keep in direct contact with the community.
“We felt we were so stagnated for so many years and we weren’t proactive and we weren’t engaged with the community,” O'Brien said. “We felt that we weren’t partners with the community.”
The program garnered Colburn's support, who stepped into his job after Ottenwess resigned and pleaded no contest to domestic violence and attempted assault of police charges resulting from the February incident.
Colburn said he wanted the chief he selected from a 49-applicant pool to continue the community policing program and spur "cultural" changes within the department.
“We’re not going to be waiting for a call in the back part of the police department,” he said. “The officers are going to be out in the field and trying to solve problems before they ever become and develop into something worse.”
Colburn said a panel consisting of Grand Traverse County Emergency Manager Gregg Bird, Traverse City Central High School Principal Rick Vandermolen and city Clerk Benjamin Marentette helped narrow the field through interviews and recommendations.
The pool eventually came down to O'Brien and Capt. Curt VanderKooi, a patrol division commander with the Grand Rapids Police Department. Colburn called it a “tough decision” to make the choice, which he finally made Wednesday.
“Truly, when it gets down to the last couple, it’s a matter of finding the right fit for the community,” he said. “Because they’re qualified.”
Traverse City Mayor Jim Carruthers called himself "excited" the search landed on O'Brien.
"We thank the citizenry for sticking with us on this process," he said.
O'Brien, who joined the department in 1991, said he never thought he'd attain the chief's job. He said the appointment made him reflect on his life and what impact he might have had. He couldn’t wait to call his wife to tell her.
“I was very relieved that we made a decision because we had not had an executive here for quite some time,” he said. “And then I was really surprised it was me. So, I was humbled by it.”
O’Brien said he hopes to put officers back in the city’s schools, continue efforts to stem drug problems, keep in close contact with the local sobriety court, and boost transparency. The department could also benefit from quality roll call training on bias, victims' assistance and the Women's Resource Center, he said..
O’Brien acknowledged turmoil following the Ottenwess incident meant the department had a “lot of work cut out” for it within the community.
“Do we need to build a trust with the community? Yes. Are we going to do that? Yes,” he said. “ … People are generally forgiving. They forgive officers.”
Colburn said an internal investigation into the Ottenwess incident showed authorities made mistakes. He said conflicts involving public officials should be handled by other agencies to avoid conflicts of interests.
The department in the next year will undergo significant training and a review of its policies on domestic violence, he said.
O’Brien and his wife for years opened their home to foster children and adopted five special needs children. He’s active within St. Francis of Assisi Catholic Church, sits on the Dann’s House board and serves as a Safe Harbor representative.
He plans to stay in the job.
“I will be around for awhile," he said. "At least six years, maybe more.”
O’Brien will officially take the police chief oath on Dec. 27.
