Conflict of Interest

Libby Mayor Doug Roll on Tuesday addressed his business’ repair of a city-owned truck, but the explanation came after his gavel closed the City Council meeting.

Roll, who owns DP Automotive, had one of his mechanics replace the ignition system on a 1996 Chevrolet pickup truck assigned to the Wastewater Treatment plant. DP Automotive was asked to do the repair after mechanics at the City Garage were unable to pinpoint the source of the electrical problem.

“I thought he was going to address the repair during the meeting,” said City Councilman Allen Olsen, a staunch Roll critic. “I know why he put that gavel down as soon as the last person walked away from the podium. He didn’t want the discussion recorded as part of the minutes. It’s wrong, and he knows it.” 

During the Feb. 4 meeting, the council voted to 5-1 to approve payment of all the January bills, which included a payment to DP Automotive for $289.20, of it $93 for labor. Olsen voted to approve all bills excluding the one to DP Automotive.

Olsen chastised Roll for repairing the truck, citing Montana Code Annotated statute No. 7-3-4256, which prohibits an elected official from doing such work.

However, City Attorney James Reintsma said Olsen quoted the wrong section of the state code.

“Mr. Olsen is not citing the appropriate section of the Montana Code,” Reintsma said. “If he would have contacted the city attorney for reference, as he should before providing misinformation …, he would have been corrected in time to save himself the gaffe,” Reintsma wrote in an opinion requested by The Western News.

Reintsma said the code to which Olsen should have referred is MCA 7-5-4109 Control of conflict of interest. Reintsma said the criteria for conflict of interest involves a contract, and Roll had no such agreement with the city for repairs, a point Roll stressed Tuesday night.

Still, Olsen isn’t convinced.

“Once you’ve gotten a check as payment, that’s a contract,” Olsen said. “Of course, Reintsma’s going to say that. He’s getting paid by the city. I’m not done with this. I’ll take it to the courthouse or the state ethics committee.”

Olsen said he was hoping the mayor would address the issue during the meeting, but that didn’t happen.

“I’ve already adjourned the meeting,” Roll said. “I have worked on two vehicles in the last five years. One was for 75 bucks and this one was for something in the neighborhood of $290.”

The Roll vs. Olsen banter lasted more than two minutes, with Olsen saying the work clearly violated state law, regardless of the statute number.

“Last meeting you said you hadn’t  done this before,” Olsen fired back when Roll said the previous time was in 2010. “So, that just opens it up? So, you can work on anything?”

The mayor retorted: “Not actually, Allen. I will not debate this with you. It’s my opinion, that I have neither the (supplies) nor the contract with the city to work on vehicles.”

“That’s your opinion. You’re an elected official,” Olsen said, referring to the MCA standards for conflict of interest.

Roll said it is his opinion that he should be able to assist the city.

The more than two-minute exchange concluded with Olsen reminding the public to vote on Election Day, and Roll also asking people to do the same.