Updated: No criminal charges in domestic violence complaint involving Cape administrator
The State Attorney’s Office will not file criminal charges in a domestic violence complaint involving the city of Cape Coral’s No. 2 administrator.
The office for the 20th Judicial Circuit has issued a “no further action” decision on the complaint filed against Assistant City Manager Michael Ilczyszyn, the city said in a release issued late Tuesday.
Ilczyszyn will remain on paid administrative leave, however, pending the outcome of an administrative investigation to now be conducted by outside counsel, officials said.
“City Manager John Szerlag has authorized an administrative investigation to begin immediately,” the release states.
The “no further action” decision was based on several factors, according to the State Attorney’s Office.
“This came in as an agency review, it was not a request for a warrant,” said Samantha Syoen, spokesperson. “It was reviewed by Assistant State Attorney Anthony Kunasek. It was also looked at by Assistant State Attorney Francine Donnorummo, Special Victims Unit Chief.”
Kunasek made a decision of no further action after reviewing all of the evidence, she said.
“Some factors that went into his decision is the victim declined to give a taped sworn statement to law enforcement, declined to have law enforcement take photographs, and filled out a written form that she did not want to go forward with any potential case,” Syoen said.
Szerlag first placed Ilczyszyn on paid administrative leave in December “pending the outcome of a domestic violence investigation.”
According to a police incident report, Ilczyszyn denied the allegation.
The investigation began after police received information on an alleged domestic violence incident at a Cape residence the evening of Dec. 5, according to a report released by the Cape Coral Police Department.
Officers contacted the reported victim, who spoke with officers but declined to provide a taped statement.
“No visible signs of injury were noted,” the report stated.
Police then contacted Ilczyszyn, who “gave a verbal statement denying the allegations.” He also declined to give a taped, sworn statement at that time.
The matter was subsequently referred to the State Attorney’s Office.
As is standard in such incidents, the Florida Department of Children and Families was contacted “due to children/witnesses being present during the alleged event.”
As of Wednesday, that investigation remained open, according to Natalie Harrell, spokesperson for the SunCoast Region of Florida Department of Children and Families.
As per state statute, no details could be released.
“At this time we do not have any further information that can be disclosed,” she said via email.
The agency previously said it has had no prior contacts with the family.
Szerlag appointed Ilczyszyn as the city’s assistant city manager in March 2015, starting him at $115,000 per year in the administrative No. 2 spot. Ilczyszyn had been filling the role on an interim basis since September 2014.
As assistant city manager, Ilczyszyn has oversight responsibility of the city of Cape Coral’s service departments, City Clerk, Finance, Human Resources and Information Technology, as well as the utilities extension project.
He began his career with the city in 2002 as a water plant operator at the city’s reverse osmosis plant. His focus on identifying process improvements at the plant led to his promotion to business manager for the Public Works Department in 2007. In 2011, Ilczyszyn transferred to the City Manager’s Office, where he directed and oversaw special projects.
Ilczyszyn has a bachelor’s degree in environmental science and a master’s degree in public administration, both from Florida Gulf Coast University.
He served in the U.S. Navy from 1997-2000 performing counterdrug operations aboard the USS Yorktown, according to biographical information previously provided by the city.
Editor’s Note: This story has been updated to include information provided by the State Attorney’s Office as well as information provided by the Florida Department of Children and Families.