Longtime Troy city attorney resigns
Troy city attorney Mark Fennessy admits that the timing of his retirement at the end of the calendar year may seem fortuitous but that it has nothing to do with the ongoing quarrels between the council and mayor.
“I’ve been in the process of retiring from my general practice for some time,” he said, “and it just seemed like it was a natural time to not seek reappointment.”
After serving in the position for nearly three decades, he announced his plans at the general city council meeting last Wednesday.
“I originally assumed that Dec. 31 was the end of this term, but I had forgotten the last appointment was done in July, so technically it goes into next June, but I’m retired. I’m getting retired,” he said. “… I wanted to give you time. That gives you three months to advertise for the position.”
Fennessy began serving as city attorney and prosecutor in the early 1980s for both Libby and Troy. He tapered off his workload in 2005 when he retired from his position in Libby.
Interestingly, Fennessy’s father was city attorney for Libby, Troy and Eureka in the late’40s or early ’50s. Eventually, one of his father’s business partners took over in Troy and Libby, Fennessy said, while his father maintained an office in Eureka.
Through the years Fennessy has worked with several city clerks, mayors and sets of councils, and has played a role in the development of the municipals.
“It’s been a really interesting career with the city, especially with both Libby and Troy,” he said, “some of the interesting projects they’ve gotten involved in.”
He recalls forging through uncharted territory for Montana when the City of Troy purchased an electrical distribution system.
“At that point in time, there was no city-owned electrical public ownership in Montana,” he said, “and there was really no established law whether it was permissible or not.”
The city elected to establish a charter form of government, he said, for that very reason – the city can make up its own rules in a charter as long as they aren’t outlawed in state statutes.
He also recalls Troy installing a sewer system and water-treatment plant, updating the water distribution system and building Roosevelt Park.
“It’s been a long time and he’s crafted so many good things for us over the years.” said city clerk Sandra Johnson, who has worked with Fennessy for 15 years. “I have to give him a thumbs up for so many things he has done.”
City officials agree that the job, which includes advising the mayor and council on legal matters and prosecuting criminal cases on a part-time basis, will not be easy to fill. Mayor Don Banning said that the city would soon be advertising the contract position.
Fennessy’s retirement news comes shortly after it was announced that Heather McDougall would resign as the Libby city attorney at the end of the calendar year. McDougall, who has a private practice in Troy, has been a vocal critic of the Troy mayor and has helped the council craft resolutions to restrict his power. Some have wondered aloud if she had thoughts of applying for the job.
“If I were asked, I’d consider it,” she said. “I can’t imagine Don agreeing to it after some of the things I’ve done.”
The mayor must appoint someone to the position with consent of the council. Banning said that if the city gets multiple applicants he would most likely form a hiring committee that would make a recommendation.