City Council approves new attorney contract

The Libby City Council voted to approve Mayor Doug Roll’s appointment of Helena-based law firm Doney Crowley P.C. as the new Libby city attorney. Libby native Allen Payne, a partner in the firm, will be the primary attorney for the city.

The City Council approved the contract by a 3-2 vote. Councilmen Brent Teske and Allen Olsen voted in opposition after requesting a meeting with the law firm’s representatives to provide more information.

The firm, which was not represented at the meeting, will be paid $70,000 per year, minus $2,400 per year for office space rental at City Hall, and $75 per hour for non-standard work. Libby City Attorney Jim Reintsma, who is leaving effective Dec. 14, was under contract for $52,000 per year, plus $60 per hour for non-standard work.

Three Libby residents expressed concerns about the appointment. Libby resident DC Orr said he felt the mayor’s appointment of Allen Payne would be a violation of Montana law as the mayor had previously received free legal advice from Payne. That advice, he claimed, constitutes a gift with a value in excess of $50.

Dr. Laura Tindall argued that “hiring a Helena attorney for Libby work is unacceptable.” She said the city needs “someone who understands Libby and cares about Libby.”

Mayor Roll defended the action, citing Payne’s previous work with the city.

“He’s worked with the city since 2009, going back to the International Paper settlement,” Roll said, referencing a suit filed by the city against the paper company for polluting Libby’s groundwater. That settlement resulted in a one-time payment of $1.2 million to the city and a continuing $250,000 per year, adjusted for inflation, renewed every 10 years until such time as the contamination is cleaned.

Libby’s contract with Doney Crowley P.C. stipulates that an attorney from the firm will “telephonically attend” City Council meetings and provide advice to city officials, the mayor and the City Council. Roll also said an associate of the firm will travel to Libby at least once per month for required court appearances.

Councilwoman Peggy Williams asked the mayor where the money would come from to cover the increased expense, to which the mayor replied, “I think we can work that out. I’m sure we can work that out.”

Roll claimed that if each city department gave up $100 per month the expense would be covered. No further details of the cuts were offered.

The city’s cost increase will be $1,300 per month if the firm performs only standard work and no additional expenses are incurred. While the firm will not be paid mileage for travel to Libby, mileage reimbursement will be required if any of the firm’s attorneys are required to travel from Libby to other areas on city business. Reintsma has a similar clause in his contract.

Following the brief discussion, Olsen moved to table the appointment until Payne would be available for questions from Council members. Mayor Roll objected to the delay, claiming that Payne attended a City Council breakfast “a few weeks back” and answered questions at that time. Councilman Teske seconded the motion, but it was defeated on a 3-2 vote, with Council members Bill Bischoff, Barb Desch and Peggy Williams voting against. Councilwoman Robin Benson was absent.

A motion was immediately made by Bischoff to approve the nomination, which was approved along the same voting lines. Following the vote, Olsen accused other Council members of making decisions blindly.

“In eight years not a single one of you have ever changed your mind on anything after a discussion,” Olsen said. “It’s disgusting how you don’t listen to anyone.”