Troy Council votes to pay Chief McLeod's legal expenses

What a difference an election can make. A few months after the previous Troy City Council balked at the idea of accepting donated exercise equipment, citing concerns of insurance liability should someone fall six inches off a balance beam, and hesitated to cover the payment of Police Chief Bob McLeod’s legal fees for an incident in which he used a stungun on a handcuffed man in the back of a police car seven years ago, the panel voted to approve both matters at Monday night’s meeting.

The approved fitness trail will be a donation from Troy Park and Recreation. First entered onto the council’s agenda near the end of former Mayor Tony Brown’s tenure, the fitness trail will include more than a dozen unique stations providing instructions and equipment for stretching and exercise. Concern about potential liability issues, voiced by former Councilman Phil Fisher and supported by Brown, stalled the proposal last year. Before taking office, Mayor Darren Coldwell came out in support of the donation. During Monday’s meeting, Coldwell led the movement to accept.

“I talked to (Montana Municipal Interlocal Authority) and they have no problem with it,” Coldwell said of the city’s insurer. “I talked to the boys at the shop, and they have no problem with it, either.”

After the donation was unanimously approved, Coldwell said he expects the installments to be placed beyond the fishing pond in Roosevelt Park.

“I think it will be a great addition to the dead space back there,” Coldwell said.

Except for maintenance, which is expected to be minimal, Coldwell said installation will come at zero cost to the taxpayer.

Moving onto the heavier agenda item, payment of McLeod’s legal fees, Coldwell prefaced public comments by saying he understands the diverse feelings on the topic.

Former councilwoman Fran McCully, sitting in the audience, stated her continued disapproval of the payment.

“If a person cannot admit their mistake, they are more likely to commit that mistake,” McCully said. “If we pay this, we should pay it all now and not pass on a debt.”

Brown, also in the audience, followed McCully’s statement by questioning the city’s fiduciary responsibility and Councilman Joe Arts’ ability to separate friendship and civic responsibility.

“I think Joe should recuse himself,” Brown said. “I think he’s defending Bob on a personal relationship and overlooking his elected duties to the citizens of Troy.”

Arts responded.

“The fact that Bob is a friend of mine does not mean I do not respect my duty to the city, either,” Arts said. “I am not going to vote yea or nay because he is a friend of mine.”

Coldwell followed with a report on his research. Coldwell said he talked to a number of legal minds including Lincoln County Attorney Bernie Cassidy, Montana Municipal Interlocal Authority CEO Alan Hulse and past Troy City Attorney Charles Evans on the matter. All were in agreement that the city is obligated to cover McLeod’s fees.

After some negotiation between Coldwell, McLeod and McLeod’s attorney, Pat Flaherty, it was agreed the matter would be settled for $22,713. Of that sum, $12,713 will be paid to McLeod to cover out-of-pocket expenses he made during his successful defense in a Public Safety Officer Standards and Training Council, or POST, hearing. The hearing stemmed from a complaint filed against McLeod for using a Taser to subdue A.J. Haflich in November 2007 after a drunken-driving arrest.

Payment of McLeod’s fees passed unanimously. Payment will be made upon the signed agreement by McLeod and Flaherty that the matter is settled. The money will be paid in full during the current fiscal year.

Also on Monday’s agenda was the approval of five new business licenses. Four of the licenses were approved. Businesses receiving approval were Boondocks Shop & Save, a consignment and thrift store; Kootenai Valley Tax, which specializes in tax and financial services; Polaris Seed Ltd., a handyman service; and Krafty MK Sewing, which will offer handmade, sewed crafts.