Roll's candidacy creates confusion

Libby Mayor Doug Roll’s decision to file as a candidate for one of the three City Council seats up for election this year has raised a question not faced in recent Lincoln County election history: What happens if he wins?

Lincoln County’s assistant election administrator, Leigh Riggleman, has held her position for nine years, but has worked in the elections office since 1993. She said she’s never seen a situation like this one.

“Having a candidate file for a second position on the council is a first for me,” she said. “I’ve never seen it before.”

Montana law prohibits a person from simultaneously occupying two elected offices. Roll’s term as mayor does not end until Dec. 31, 2017. If Roll were to win one of the council seats he would be required to resign his post as mayor prior to assuming office. He could also decline the seat on the council and retain the mayor’s office.

The procedure under law, should Roll decide to resign as mayor, is clear; the City Council would appoint a replacement. The law requires the appointment within 30 days of the effective date of the vacancy, so two possibilities exist.

First, he could resign immediately upon election to the City Council. Should he do that, his successor would be chosen by the current council, who will still be in office until Dec. 31.

Second, he could wait until just before assuming the council position to officially resign as mayor. In that case, the new mayor would be chosen by the newly-seated council, of which Roll would be a part. Either way, the newly-appointed mayor would hold the seat until the next regular mayoral election, which is scheduled for 2017.

“Montana Code Annotated 7-4-4112: Filling of vacancy. (1) When a vacancy occurs in any elected office, this position is considered open and subject to nomination and election at the next general municipal election in the same manner as the election of any other person holding the same office, except the term of office is limited to the unexpired term of the person who originally created the vacancy. Pending an election and qualification, the council shall, by a majority vote of the members, appoint a person within 30 days to hold the office until a successor is elected and qualified.”

Should Roll be elected and then decline the council seat, the situation is much less clear.

The first possibility is for the fourth highest vote recipient to be declared the victor. With three seats open in this election, the top three of the nine filed candidates will be declared the winners. The fourth would be the next in line, assuming Roll is one of the top three.

Another possibility is for the seat declined by Roll to be considered a vacancy, even though the elected winner would not have assumed the office. Montana law on the topic is vague, Riggleman said.

“It’s definitely a new situation for us and the law is ambiguous,” she said. “It doesn’t give us a clear indication of how to handle it, so it will go to the City Attorney, who will end up having to defend the decision.”

The Montana Secretary of State’s office concurred with Riggleman’s assessment of the situation.

“This would be a municipal matter and outside of our jurisdiction,” said the secretary’s communications director, Blair Fjeseth. “Because it’s a Title VII issue, it would be up to the City Attorney.”

Allan Payne, of the firm Doney Crowley P.C., was appointed as Libby’s City Attorney effective Jan. 1, 2015. His appointment has been questioned by Libby resident D.C. Orr. Orr, who previously served on the City Council and is a candidate in this year’s election said he has filed an ethics complaint with the Montana Commissioner of Political Practices due to the relationship between Roll and Payne.

“I filed an ethics complaint with the Commissioner of Political Practices on June 19, because I felt uncomfortable with the relationship between Roll and Payne,” Orr said. “The complaint alleged the relationship amounted to bribery prior to Payne’s appointment as City Attorney.”

Roll provided sworn testimony last year in a deposition during the lawsuit between the city and councilman Allen Olsen that he received free legal advice from Payne regarding the suit and other matters. Orr said the free advice qualifies as an illegal gift to a public official under Montana law, which constitutes bribery.

Jonathan Motl, the Commissioner of Political Practices, said he was unable to confirm or deny the existence of the ethics complaint, as such complaints are considered confidential.

An email sent to Payne for his legal opinion on the succession matter was unanswered as of press time.