Portage Deputy City Manager DUI Arrest, Keeps Job But Gets Disciplined

Portage Deputy City Manager DUI Arrest, Keeps Job But Gets Disciplined

Wednesday, the City of Portage released the results of an independent investigation, police video and a police incident report stemming from the arrest of Deputy City Manager Michael Carroll on charges of operating a vehicle while intoxicated.

Carroll was arrested on August 27 after driving with a blood alcohol level of .17 in his system. He was arraigned and charged late last month.

“The residents we serve expect transparency, fairness and accountability from their city leaders, which is why I felt strongly this situation needed an independent, third-party review to bring all the facts to light, highlight potential areas of improvement and ultimately make us stronger and better as a city,” Portage City Manager Joe La Margo said in a statement Wednesday.

According to investigative documents provided by the city, in the events leading up to the arrest, an officer pulled over Carroll just before 11 p.m. when he almost crashed into the police cruiser head-on.

The police report notes that the officer observed Carroll’s eyes to be glazed over, his speech to sluggish and sometimes slurred, and the officer smelled the odor of intoxicant “coming from [Carroll’s] facial region.” There also appeared to be yellow paint scratches on his vehicle, which Carroll said were old.

The officer asked for Mr. Carroll’s license and insurance. At some point after handing over his licence, Carroll placed his City of Portage employee badge over the driver’s side door. This card identified him as a Deputy City Manager. The officer took the card, read it, and placed it on top of Mr. Carroll’s car.

The police report does not reflect that Mr. Carroll showed the officer his City badge, but it is visible on the body cam footage.

He admitted to drinking four Miller Lite beers in the last hour before driving. After confirming that Carroll was a City of Portage employee, officers contacted the Kalamazoo County Sheriff’s Department to assist with the traffic stop and arrest. The reason for doing so was to remove any appearance of impropriety or bias from the process, given Carroll’s position.

Carroll refused to take a Chemical Breath Test and was subsequently arrested on suspicion of Operating While Intoxicated (OWI).

Since he refused that test, police obtained a warrant to draw a blood test from Carroll back at the police headquarters. Afterwards, he was charged with OWI-High BAC, which the report notes is the typical charge for first-time OWI offenders with a blood alcohol content of 0.17 or higher.

The criminal case against Carroll is currently pending at this time.

Portage City Officials released the following findings from the independent investigation meant to detect any bias:

The City of Portage and the Portage Department of Public Safety followed written policies, protocol and procedures,
There was no evidence of bias, special treatment or improper action by the city manager or police department, and
Carroll appears to have attempted to use his position in city government improperly during the
traffic stop.
“Based on our review of the evidence, the prosecution’s case against Mr. Carroll is overwhelming,” the investigation document reads. “However, even if Mr. Carroll is convicted of either High BAC or the reduced charge of OWI, this alone should not be the basis for an adverse employment action against him.”

The report also states concerns of Carroll attempting to use his position.

“Rather, the more troubling finding is not that Mr. Carroll drove while drunk, but that a reasonable person viewing the video could conclude that Mr. Carroll sought to use his position as a Deputy City Manager to convince police to treat him more favorably than similarly situated drunk driving suspects,” the report reads. “There was no rational reason for Mr. Carroll to show the PPD officer his employee badge but for to curry favor with the officer. Mr. Carroll was under the influence of alcohol and could have been confused. This is one potential explanation. However, the more plausible explanation is that he showed his badge in the hopes that the officer on the scene would treat him more favorably, which, as noted above, was unsuccessful.”

However, the report does not recommend that Carroll be removed from his position.

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