County attorney will not pursue case against Mayor Roll
Asked to pursue an action of conflict of interest against Libby Mayor Doug Roll by City Councilman Allen Olsen, Lincoln County Attorney Bernard Cassidy has indicated those charges will not be forthcoming.
“I’ve replied to Mr. Olsen in the letter, and that letter stands as an explanation,” Cassidy said Tuesday. “Certainly, if (Olsen) wants to take it for a second opinion, he is entitled to do that.”
At issue is Mayor Roll’s decision to do repair work on a city-owned vehicle at his auto-repair business, DP Automotive. Olsen alleges in performing the work on the truck used by the Wastewater Treatment Plant, Roll violated the conflict of interest provisions outlined in Montana Code Annotated Section 7-3-4256, which prohibits elected officials from performing such work.
Cassidy, in his written response to Olsen, cited two sections of Montana law.
“You alleged that this was a violation of Section 7-3-4256, MCA. You further stated it was your right as a citizen and as a City Councilman, according to 2-2-144 MCA to bring this before me,” Cassidy writes. “You asked that I review the information and to let you know what my determination is on that law.”
Cassidy writes: “I have reviewed the materials you provided, as well as the two sections of Montana law cited by you; this is, Section 7-3-4256, MCA, and Section 2-2-144, MCA. Based upon that review, I am not inclined to bring an action under Section 2-2-144, MCA.”
Two weeks ago, Olsen asked City Attorney James Reintsma to bring charges as well, but Reintsma declined, saying Olsen cited the wrong section of Montana code.
“I really didn’t think the county attorney would do anything,” Olsen said. “Going to Cassidy is step No. 2 in this process. I’m just following the procedure. I’m not stopping here. Now, I move on to step No. 3, which is take this to district court.”
In this process, Olsen is referring to MCA 2-2-144, which states if the county attorney declines action, “the person alleging a violation of this part may file a civil action in district court seeking a civil fine of not less than $50 or more than $1,000.”
“I’m not stopping here,” Olsen said. “This is going to cost me money, but I’m going to take it higher. Even if I quoted the wrong law, it’s their job to know the conflict-of-interest law has been violated.”
The issue came to light during the Feb. 4 City Council meeting, when the board voted to 5-1 to approve payment of all the January bills, which included a payment to DP Automotive for $289.20, which included $93 for labor for the truck repair. Olsen voted to approve all bills excluding the one to DP Automotive.
Subsequently, at the Feb. 19 meeting, Roll and Olsen exchanged barbs immediately upon adjournment that lasted more than two minutes.
During Monday’s City Council meeting, Olsen’s city residency, which came into question last year, was called upon again by Robert Viergutz, the father of a child who is living with Olsen and his girlfriend.
A second person, Cheryl Chandler, also questioned the residency requirement during the open session.
“I know what’s going on,” Olsen said. “They are just trying to deflect attention from the mayor. They’re trying to light that residency fire again. Let them come at me. I have rented a home in town, and that’s my listed address.”
Olsen, who owns Antler Tree Nursery & Gifts, has admitted during open City Council meetings that at peak business periods, he often stays at the home at the nursery that is located outside city limits.
Roll refused to comment for this story.