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New city attorney to cost Libby an extra $15K

by Bob Henline
| December 5, 2014 9:14 AM

Bob Henline

Reporter

The Libby City Council is set to vote on a contract for a new city attorney to replace Jim Reintsma, who announced his intention to depart in January of this year.

Libby Mayor Doug Roll has negotiated a contract with Helena-based law firm Doney Crowley P.C. If the City Council approves Roll’s recommendation, the primary attorney representing the city will be Libby native Allan Payne.

Under the terms of the contract proposal, the city would pay the law firm $70,000 per year. But the city will recoup $2,400 per year because the contract also requires the law firm to pay the city $200 per month for office space at City Hall.

The contract represents an increase of $15,600 over the city’s current contract with Reintsma.  That comes to an additional $1,300 per month for the city’s basic legal services. The contract also increases the rate to be paid for non-standard legal work from $60 to $75 per hour.

Roll said he thought the increase was “only about $600 per month,” stating that he thought Reintsma was being paid $60,000 per year. Reintsma’s contract, however, is $52,000 per year.

Members of the City Council said the news of Reintsma’s replacement came as a surprise. None of them could explain how the city would cover the additional expense.

Roll said the contract would have an effect on the city’s budget, although he refused to provide details.

“We’re going to have to make adjustments in the budget to make it work,” Roll said.

City Counciilman Allen Olsen said nobody has mentioned Reintsma’s replacement during any public meeting since Reintsma announced his intention to leave nearly a year ago. Olsen chairs the city’s judiciary committee, which provides oversight of the city’s legal responsibilities.  

“Today, when I got an email with Monday’s agenda, was the first I heard of this,” Olsen said.

Other City Council members echoed similar thoughts.

Councilwoman Peggy Williams said, “To my knowledge there have been no discussions about a new attorney.” Williams said she hadn’t yet picked up her packet of information for Monday’s meeting, so she has not made a decision about where she stands on the issue.

Councilwoman Barb Desch made similar comments. “He came to breakfast one morning and answered a few questions,” she said of Payne, but nothing specific was mentioned at City Council meetings. When asked about the increase in expense she said, “I have no idea, nobody’s really talked about that yet, not that I know of.”

Council President Bill Bischoff had a more positive outlook on the appointment. He said he would vote to approve the contract and he “would think the rest of the council would support it as well.” He also said the funding increase was within the city’s budget, but when asked from where the money would come his only answer was: “We’ll have to work that out.”

Councilwoman Robin Benson declined to comment when contacted, citing the legal requirement that she not discuss city business while on county time. Benson is employed by the Lincoln County Clerk and Recorder’s Office and was recently elected to be the new clerk and recorder. As previously reported in The Western News, she will be resigning her seat on the City Council immediately prior to taking office in January. She requested a call after business hours, but that call went unanswered and unreturned prior to press time.

Councilman Brad Teske was also unavailable for comment, and a message left for him went unreturned.

According to the contract, Payne “shall telephonically attend City Council meetings.” The firm has an associate who lives in the Bull Lake area, Roll said. That associate will travel to Libby at least once per month and additionally, if required, for court appearances.

Although there has been no formal City Council discussion on the replacement, Roll said he expects “it to go straight to a vote” at Monday’s meeting. The municipal code allows the mayor to appoint the city attorney, with council approval.

Olsen, however, questioned the methodology. “There hasn’t been any talk at all about a new attorney, I’ve heard absolutely nothing until today,” he said. “They couldn’t care less about what the people think.”

Other City Council members echoed similar thoughts.

Councilwoman Peggy Williams said, “To my knowledge there have been no discussions about a new attorney.” Williams said she hadn’t yet picked up her packet of information for Monday’s meeting, so she has not made a decision about where she stands on the issue.

Councilwoman Barb Desch made similar comments. “He came to breakfast one morning and answered a few questions,” she said of Payne, but nothing specific was mentioned at City Council meetings. When asked about the increase in expense she said, “I have no idea, nobody’s really talked about that yet, not that I know of.”

Council President Bill Bischoff had a more positive outlook on the appointment. He said he would vote to approve the contract and he “would think the rest of the council would support it as well.” He also said the funding increase was within the city’s budget, but when asked from where the money would come his only answer was: “We’ll have to work that out.”

Councilwoman Robin Benson declined to comment when contacted, citing the legal requirement that she not discuss city business while on county time. Benson is employed by the Lincoln County Clerk and Recorder’s Office and was recently elected to be the new clerk and recorder.

Benson has said she will resign her seat on the City Council immediately prior to taking office in January. She requested a call after business hours, but that call went unanswered and unreturned.

Councilman Brad Teske was also unavailable for comment, and a message left for him went unreturned.

According to the contract, Payne “shall telephonically attend City Council meetings.” The firm has an associate who lives in the Bull Lake area, Roll said. That associate will travel to Libby at least once per month and additionally, if required, for court appearances.

Although there has been no formal City Council discussion on the replacement, Roll said he expects “it to go straight to a vote” at Monday’s meeting. The municipal code allows the mayor to appoint the city attorney, with council approval.

Olsen, however, questioned the methodology. “There hasn’t been any talk at all about a new attorney, I’ve heard absolutely nothing until today,” he said. “They couldn’t care less about what the people think.”