More than one year after it began on June 5, 2013, the Carmel Police Department is closing its investigation of city information services manager Steve McInchak without filing a single charge.

The investigation began after forensic computer investigator Mark Alcock allegedly uncovered sensitive files on McInchak’s computer, including medical information and emails sent between city administrator Jason Stilwell and city councilmembers.

Alcock was subsequently paid thousands of dollars by the city to continue his examination into McInchak’s computer equipment, but according to a statement released yesterday by the Carmel PD, “[he] was unable to provide sufficient information to proceed further with the investigation.”

The move to close the investigation came as no surprise to McInchak’s criminal attorney Richard Rosen, who says it’s the result of the letter he sent to the city on July 2 demanding they return the evidence they’ve held for more than year without filing charges.

“The fact that the criminal case is over is great, but it still leaves hanging the discriminatory action against McInchak by the city,” he says. “He’s been on paid administrative leave for over a year now. It’s insane, and it’s totally unfair to him and it creates a stigma.”

McInchak currently has a civil suit against the city that asks for his job back as well as unspecified damages exceeding $25,000.

“They’ve left him hanging for over a year, and they’ve left the innuendo that he’s done something wrong when he hasn’t.”

McInchak's attorney in the his civil suit, Michelle Welsh, says that while the city has moved the case into federal court, she believes it should be heard locally. "All along I have thought that because what the city administration is doing is affecting the community it should be heard in the local courts."

She also says he's ready to get back to work. "He's been on a paid leave of absence for a year," she says. "It's inexplicable to me that someone can be on a paid leave of absence for a year."

Carmel City Administrator Jason Stilwell could not be reached for immediate comment.

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