A three-month-long criminal investigation into whether Grand Traverse County commissioners violated the state’s Open Meetings Act (OMA) produced “no statements or information” substantiating a violation, according to the Michigan State Police.

Through a Freedom of Information Act (FOIA) request, The Ticker obtained a copy of the 27-page police report Wednesday. Detective Sergeant Mark Henschel spent three months interviewing witnesses – including all seven county commissioners – after Commissioner Addison “Sonny” Wheelock filed a complaint in April about a potential board OMA violation.

Wheelock questioned why five out of seven commissioners voted to end the contract of County Administrator Dave Benda on April 15 with little public discussion or notice. Wheelock told The Ticker that he hoped “there’s no evidence (commissioners) violated the Open Meetings Act,” but said “there certainly is the perception” and that he filed a complaint to get “answers.”

Henschel confirmed in his report that several commissioners who voted to oust Benda also met on “numerous occasions” at Minerva’s restaurant for private social gatherings between January 1 and April 15. Grand Traverse County Prosecuting Attorney Bob Cooney has advised officials against such gatherings in order to avoid “the perception of impropriety,” since commissioners are prohibited from discussing county issues outside of public meetings when a quorum is present.

However, Henschel found “no person” nor reports of any person who had “direct information” proving that commissioners met at Minerva’s “with the intention of discussing county business that should have taken place in a public meeting.” While the investigation revealed such gatherings occurred more frequently than previously reported – one bartender said she waited on the group “as many as 10 times” – staff also stated they “never overheard any conversations about county business, or even any conversations that appeared serious or ‘heavy.’”

Benda also told Henschel that he “was not aware of any meetings where commissioners gathered to discuss county business,” though he knew board members socialized outside of meetings. Commissioners who voted to terminate Benda’s contract – including Alisa Kroupa, Christine Maxbauer, Carol Crawford, Dan Lathrop and Bob Johnson – strenuously denied privately discussing Benda’s contract in interviews with Henschel. Tensions flared at a July 1 commission meeting when the topic came up publicly, with Crawford and Lathrop calling the OMA complaint “unconscionable.”

Citing a lack of “smoking gun,” Henschel concluded his report by saying: “At this point in the investigation, and after interviewing all the Grand Traverse County commissioners, I have uncovered no statements or information that…any sort of private meeting took place where county business was discussed.”

While Henschel’s report appears to clear commissioners of an OMA violation, Cooney cautions that the Michigan Attorney General's office is still reviewing the report and that a special prosecuting attorney has yet to be appointed to the case. Such an attorney “may want to interview more witnesses,” according to Cooney – such as a frequent Minerva’s patron Henschel was unable to track down for an interview – or “gather additional evidence.”

The special prosecuting attorney, whom Cooney said could be appointed "within a week," will make the final decision on whether to pursue or decline charges against commissioners.