City Council removes Stu Crismore

By BRENT SHRUM Western News Reporter

With Mayor Tony Berget serving as tie-breaker, a divided Libby City Council voted to remove Councilman Stu Crismore from office for his failure to attend a number of recent meetings.

The council's decision was made under a state law governing vacancies in municipal offices — specifically a section declaring an office vacant in the event of "the incumbent's open neglect or refusal to discharge duties."

Crismore questioned the applicability of that particular section of the law, pointing to another section declaring an office vacant in the event of "the incumbent's ceasing to discharge the duty of office for a period of three consecutive months, except when prevented by illness or when absent from the city or town by permission of the governing body." He pointed out that he had not missed three regular monthly meetings in a row.

City attorney Chuck Evans said missing three consecutive monthly meetings would be one way to be removed from the council, and the council's determination of "neglect" would be another. Evans noted that Crismore had missed eight of the last 12 scheduled meetings and that the council could deem that to be neglect.

Evans said he had discussed the issue with an assistant state attorney general who told him it would be up to the council to define a member's duties and to decide if they were being performed.

"It's kind of a subjective decision to be made by the council," Evans said.

Crismore said he had been unable to attend recent meetings because of conflicts with his job. He said he has been working in the woods recently and has had an especially hard time making meetings set for 6 p.m., as several have been this summer, instead of the usual 7. He said he has been unable to call anyone to inform them he won't be making a meeting when he is held up on a job in the woods, but he also said no one on the council has called him about the issue.

Councilman Doug Roll said he was angered by Crismore's failure to attend a regular meeting earlier this month that was also missed by two other council members who, unlike Crismore, had notified the rest of the council that they wouldn't be able to make it. The meeting had to be called off and rescheduled due to the lack of a quorum, inconveniencing both the members who did attend and the members of the public who came to meet with the council, Roll said.

"It's your duty to let us know," he said. "It's not our duty to track you down."

Roll told Crismore that if his job is preventing him from attending council meetings, the council needs to find someone without that problem.

"That's not your decision to make," Crismore said. "That's the electors of the city of Libby."

Budget time, when Crismore missed the recent meetings, is particularly critical, Berget said. Councilman Lee Bothman added that Crismore, who was elected in November 2003, had missed 14 of the last 33 meetings. Councilwoman Charlene Leckrone pointed to Crismore's absence from many committee meetings as well as his failure to attend full council meetings.

Councilman Wally McElmurry said Crismore's absence from the budget process was his main concern.

"It seems like you don't care about the city budget," he said.

Councilman Bill Bischoff suggested that Crismore could talk with other council members to perhaps set up different meeting times that would work for everyone.

Crismore said summer is always a difficult time for him because of his work schedule.

"If you want to kick me off the council because my job is more important than the council, you're absolutely right," Crismore said. "My job is more important."

"What you're saying is, you don't want us to vote you off, you want to stay, but next summer it's going to be the same thing," Roll said.

Crismore invited the rest of the council to campaign against him at re-election time but said the decision should be left to the voters who put him on the council.

"But they also decided to put you here to do your job," Roll said.

Leckrone told Crismore he had put the council in an uncomfortable position.

"I don't think we're bringing it on you," she said. "I think you brought it on us."

Bothman moved to remove Crismore from the council, and Roll seconded the motion. Bothman, Roll and Leckrone voted in favor of the motion while Crismore, Bischoff and McElmurry voted against. Berget was called upon to break the tie and voted to remove Crismore.