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Troy still without city attorney

by Canda HarbaughWestern News
| January 25, 2011 11:29 AM

A mayor-selected committee formally

recommended to the Troy City Council its choice for a new city

attorney during last Wednesday’s council meeting but, apparently,

it wasn’t the right pick.

After Mayor Don Banning read off the

committee’s letter in support of Jim Reintsma, city attorney of

Libby, the room went silent.

“Is there a motion to accept the appointment

of James Reintsma as Troy city attorney?” Banning asked.

More silence.

Due to an impasse between mayor and council,

the City of Troy is nearing one month without a city attorney to

prosecute criminal cases and provide legal advice for the city.

City Judge Allen Dye said he is still able to

perform day-to-day business, such as collecting fines, and that

retiring city attorney Mark Fennessy worked on a few criminal cases

this month as a favor.

“But without a prosecutor in place,” Dye said,

“we’re pretty stuck right now.”

The Lincoln County Attorney’s Office is

short-staffed and overwhelmed with cases, so Dye made a call to the

Montana Attorney General’s Office.

The state seemed willing to send a prosecutor

to work in Troy during the interim, Dye said, because officials

don’t want criminal cases to be dismissed.

“At this point, I’m waiting to hear back from

them. It seems pretty positive that they’ll help,” Dye said Friday.

“They’ll probably also have some words for the city council.”

Fennessy told Banning that he has the

authority to hire a lawyer on a case-by-case basis if

necessary.

“I told Don Banning that if issues come up

where they need immediate assistance, he can hire an attorney for

that issue on his own but that’s going to get expensive,” he

said.

Only two applicants – Reintsma and Heather

McDougall – put in for the part-time city attorney position after

Fennessy announced in September his retirement at the end of the

year.

The council believes McDougall’s year of

experience as Libby city attorney and the fact that she resides in

and has a private practice in Troy makes her the clear choice. They

have voiced concern that Reintsma would not give Troy enough

attention since he is Libby’s city attorney and, in addition, has a

private practice in Libby.

Due to McDougall’s belligerent opposition to

Banning since he took office last year, she is not his clear

choice.

The mayor must appoint an attorney with the

consent of the council, so in order to avoid a standoff, Banning

announced at December’s council meeting that he would select an

interview committee to recommend a candidate.

The four-member group interviewed the

candidates, spoke to their references and met with the council last

week on Monday to explain the process and reasoning behind the

committee’s choice. The committee’s letter to Banning stated

several reasons why they believe Reintsma is the best choice.

“He has an in-depth knowledge with more years

of experience as an attorney in the areas of prosecution and civil

litigation,” the letter read. “… He scored higher in all areas of

the performance skills evaluation used as part of the interview

process, (and) he received high recommendations from former

employers with regards to being a good team member.”

The interview committee consisted of Wayne

Maffit, former Troy city judge; Lynn Ward, Troy business owner; Cam

Foote, church pastor with various other community roles; and

Deanise Killingsworth, Troy city court clerk.

His “professional manner,” “sincere

commitment” and willingness to establish regular office hours in

Troy were also mentioned.