Traverse City Police Department Captain Mike Ayling was charged Tuesday with willful neglect of duty in his handling of the case of former city manager Jered Ottenwess – leaving the future of both Ayling and his department unclear.

Ayling turned himself in to the Grand Traverse County Jail Tuesday and faces arraignment this morning in 86th District Court on the misdemeanor charge, which is punishable by up to a year in prison and/or a $1,000 fine. He was placed on paid administrative leave by TCPD Chief Mike Warren pending the resolution of his case.

Special Prosecuting Attorney Jim Rossiter of Antrim County – appointed to oversee the case because Grand Traverse County Prosecuting Attorney Bob Cooney is a witness in the investigation – took roughly three weeks to review Ayling’s handling of a February 16 drunken disturbance at Ottenwess’ home before filing charges. Ottenwess was never arrested for the disturbance that eventually resulted in criminal charges and Ottenwess’ resignation. In the days following, Ayling repeatedly characterized Ottenwess’ situation as a “medical” rather than criminal matter. Ottenwess directly oversaw Ayling in his capacity as city manager.

Rossiter tells The Ticker after reviewing the results of a month-long investigation conducted by the Grand Traverse County Sheriff’s Office into the TCPD’s handling of the case, he believed there was sufficient evidence to pursue charges against Ayling.

“State statute requires a law enforcement officer who responds to a domestic violence incident to prepare a police report and file that with the prosecuting attorney’s office within 48 hours,” Rossiter says. “I believe there’s probable cause to establish that wasn’t done in this case.”

When asked why charges were filed exclusively against Ayling and no other TCPD officers involved in the Ottenwess investigation, Rossiter pauses before responding. “I didn’t review this report with one person in mind,” he says. “I looked at a variety of things…and felt that probable cause supported this charge against Captain Ayling. Quite frankly, some of it had to do with the chain of command.”

The charge comes during an already tumultuous time for the TCPD. Chief Warren – who has been with the department since 1972 – has announced his retirement effective June 27. With more than two decades of TCPD service under his belt, Ayling has long been considered a potential successor to the chief. Warren says he’s “disappointed” in the charge against his division commander of patrol, but says if Ayling “puts in for (the position of chief), he would still be a candidate right now.” Warren declined to comment on who he believed should succeed him in overseeing the department.

Further complicating matters is that the responsibility of appointing the next chief of police falls to city manager – a post still vacant following Ottenwess’ resignation. Acting City Manager Penny Hill says she hopes to appoint an interim chief of police in May, leaving a long-term promotion up to whoever is hired to run the city. Traverse City Mayor Michael Estes – noting how politically charged such a decision will be for an incoming city manager who might not be familiar with the local landscape – says he’d like to see the city commission involved in the process.

“While I have full faith and confidence in our rank-and-file officers on the street, I’ve had concerns for some time now with the upper echelon of the police department,” Estes says. “(The charge against Ayling) has done nothing to improve that picture. I’d like the city commission as a whole to discuss the direction of the police department.”

Estes says commissioners and Hill could discuss Ayling’s future, the pending chief vacancy and TCPD operations as soon as next Monday’s meeting.