City of Libby, Reintsma, Roll and councilmembers violated campaign laws

The City of Libby, former City Attorney James Reintsma, Mayor Doug Roll and five current and former members of the Libby City Council have been found to be in violation of Montana campaign finance laws and could face both criminal and civil prosecution, fines or potentially even removal from public office.

Jonathan Motl, Commissioner of Political Practices, issued a ruling today in response to a complaint filed by Libby resident Arlen Magill in regard to the city’s lawsuit against councilman and former mayoral candidate Allen Olsen. The suit alleged Olsen lived outside city limits and was therefore ineligible to run for the office of mayor. It also requested his removal from the City Council on the same grounds.

In his ruling, Motl wrote, “The Commissioner determines that there are sufficient facts to show that City Attorney, James Reintsma, acted in violation of Montana’s campaign practice laws when he, while on the job, engaged in use of public resources for the express advocacy purpose of opposing the election of Mayoral candidate Olsen.”

Motl went further, holding Mayor Doug Roll and three members of the City Council, as well as two former members, responsible for the violation.

“The City of Libby, Mayor Roll and five members of the 2013 Libby City Council (Robin Benson, Barbara Desch, Vicky Lawrence, Peggy Williams and Bill Bischoff) are also responsible for the campaign practice violation stemming from the Complaint. The Complaint was filed by the “City of Libby” through its paid City Attorney. The City of Libby is recited as the plaintiff in the first paragraph of the pleading,” Motl wrote.

The ruling indicates the issue is being referred to the Lincoln County Attorney Bernie Cassidy for a decision regarding prosecution. Cassidy will have 30 days to either decline or initiate prosecution. Should he decide not to prosecute or fail to make a decision within the 30 days allowed, the issue will be referred back to the Commissioner of Political Practices for action.

Motl indicated most of the violations referred to county attorneys are waived back to the commissioner’s office.

Motl said penalties could include civil and criminal prosecution, fines and potentially removal from office of the public officials named.

“Because there is a finding of violation and a determination that de minimis and excusable neglect theories are not applicable, civil/criminal prosecution and/or a civil fine is justified as well as any other action the Commissioner is directed to take. In this matter that ‘other action’ could include removal of an elected official from office,” Motl wrote.

See the full story in Friday edition of The Western News.