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Troy mayor, council divided on city attorney

by Canda HarbaughWestern News
| December 9, 2010 2:34 PM

With only $19,500 budgeted for the

position, the opening for Troy city attorney isn’t expected to

attract many candidates.

Applications are due Friday, but the

divided mayor and city council each have in mind candidates they’d

like to hire – a fact that will most-likely create a stir at the

council meeting next Wednesday.

Mayor Don Banning has spoken with

incoming Libby city attorney Jim Reintsma about taking on the job

for both cities. The Troy council, however, favors outgoing Libby

city attorney Heather McDougall.

“We are opposed to sharing a lawyer

with Libby,” said councilmember Gary Rose. “We’re not interested in

that, especially if Heather has given up her position in Libby and

she is available.”

The mayor must appoint an attorney with

the consent of the council and, as of Wednesday, they hadn’t

discussed the issue with each other. If the two sides can’t come to

an agreement, the city may go into the new year without a

prosecutor or civil counsel.

The mayor said he plans to look through

all the applications Friday and perform interviews with a committee

in hopes of presenting his choice at next week’s meeting. As of

Tuesday he hadn’t organized a committee, but he said he had no

plans to invite members of the council to join.

“I’ll put it to the council Wednesday

night and see if they approve my selection,” he said.

Reintsma and members of the council

have been in contact with each other, according to councilmember

Fran McCully, but members believe that his caseload in Libby would

be too big to share with Troy. Rose said he questions the amount of

coverage Troy would get.

“We feel that beings Heather lives here

we’d have more access to counsel,” he said. “We’d have something

that the council could use. It seems like right now the mayor has

counsel and the council does not.”

McDougall served one year with the City

of Libby and has a private practice in Troy. She has been a vocal

Banning opponent who has taken on the role of Troy City Council’s

informal counsel as they’ve taken actions to restrict the mayor’s

power.

When longtime Troy city attorney Mark

Fennessy announced three months ago that he would resign at the end

of the year, The Western News asked McDougall if she had plans to

apply.

“If I were asked, I’d consider it,” she

said in September. “I can’t imagine Don agreeing to it after some

of the things I’ve done.”

Reintsma has experience in civil and

criminal law and has served both as a defense and prosecuting

attorney at the district court level.

Libby Mayor Doug Roll expects that he

will spend an average of 20-25 hours per week as a criminal

prosecutor, and a widely varying number of hours as the city’s

civil counsel.

“The prosecutorial stuff is what takes

so long. The civil part is not so bad,” Roll said. “The civil

varies – it just depends on what we’re doing and what advice we

need.”

The City of Troy pulls in a minimal

number of criminal cases for prosecution, but the rift between

council and mayor will put more hours on the future city attorney’s

plate.

Roll believes McDougall is too

emotionally involved in the City of Troy’s issues and is too

adversarial toward Banning to be an effective city attorney. Rose

argues that if McDougall were offered the position, she would

change her behavior at council meetings.

“I think if Heather gets in there,

she’ll act in a totally professional way,” he said, adding that as

just a local resident, she lets her personal opinions “rain

down.”

The cities of Libby and Troy have

shared attorneys in the past, being able to collectively offer

enough money to attract good candidates.

Reintsma agreed to leave his public

defender position for the City of Libby with a $13,000 pay cut,

Roll said, with hopes up picking up more income as Troy’s

attorney.