Council members hold unofficial meeting

Libby CIty Council President Brent Teske, along with council members Allen Olsen and Gary Neff, held a public meeting Wednesday evening. The meeting was not official because neither the mayor nor any other members of the council attended, leaving the body one attendee short of the required number to establish a quorum.

The meeting was called to discuss two issues facing the city: A contempt of court motion filed against the city and City Attorney Allan Payne due to the city’s failure to produce requested documents related to the ongoing litigation between the Lincoln County Port Authority and Stinger Welding and the need for a second mandatory council meeting each month.

The initial request for the meeting posted by the three council members called for a special meeting, a move rejected by Libby Mayor Doug Roll.

“They can’t call a special meeting,” Roll said. “Only the mayor can do that, the statute is quite clear. They can call a meeting, but they can’t call a special meeting.”

John Connors of the law firm of Doney Crowley P.C., the city’s contracted law firm, wrote a memorandum to the City Council dated Oct. 20, 2015, supporting the mayor’s position, citing both the City Council Rules of Procedure and Montana Code Annotated Sections 7-5-4102 and 7-5-4122.

“Therefore, the Mayor is the only municipal official empowered to call a special meeting of the City Council,” Connors wrote. “Any meeting not a regular meeting (the first Monday of the month) is a special meeting. For example, the mid-month meetings are special meetings and may be called or canceled.”

Connors also references Libby’s form of government, the charter form with self-government powers as authorized under Montana law. The provisions of the charter, Connors wrote, “establishing executive, legislative and administrative structure are superior to statutory provisions.”

An item not addressed in Connors’ memorandum was the vote to schedule a second meeting each month, on the third Tuesday, by the City Council March 18, 2008. The meeting minutes noted the unanimous decision of the council.

“Ms. Leckrone made a motion to hold a second meeting every month on the third Tuesday of the month,” the minutes read. “Mr. Bischoff seconded the motion. Motion passed unanimously.”

According to the minutes, council members Bischoff, McElmurry, Leckrone, Roll, Williams and Bothman were present, along with Mayor Tony Berget, City Attorney Charles Evans and City Clerk and Treasurer Glena Hook. 

Libby’s City Charter establishes the City Council as the legislative and policy determining body of the city, charging the mayor with the duty of carrying out and implementing the expressed will of the council. The vote to hold a second meeting each month, while implemented in practice until earlier this year, was never codified into resolution or ordinance and the Council Rules of Procedure were never officially amended to reflect the decision, according to City Council meeting minutes.

The assembled members of the council all expressed their support for a second meeting every month in order to properly address the various items of business facing the city. Council President Teske suggested that in the event there weren’t enough items on the agenda to justify a formal council session, the council should still meet in a working session to discuss projects and issues of concern, and allow members of the public to observe the council’s process and participate in informal discussion about city issues.

“It comes to that point of what would it hurt to have that second meeting and discuss this stuff,” Teske said. “Absolutely nothing.”

The second part of the discussion centered around the city’s contract with the firm of Doney Crowley P.C. and its principal attorney, Allan Payne. At the Oct. 5 meeting, the City Council voted to not renew the existing contract between the city and the firm, which is set to expire Dec. 31.

Although Montana law stipulates a city attorney is appointed for two years, the contract between the city and Doney Crowley was written as a one-year agreement. The contract also provides a number of escape clauses, for both the city and the firm. For example, should the mayor or city administration change, the firm reserves the right to terminate the agreement. 

Councilman Neff said there are three reasons the city could terminate the contract for cause, all of which he felt were applicable to the current situation and Payne’s performance as City Attorney.

“I believe he’s guilty of all three violations,” Neff said. He added that he would be bringing the matter before the full council at a future meeting.

The meeting then turned to a discussion of council procedure, especially with relation to how meetings have been managed by the mayor as presiding officer. Teske pointed to the Rules of Council Procedure, which stipulate members of the public “shall be invited” to speak regarding individual matters on the agenda. Under current practice, members of the public are allotted three minutes to speak on items listed on the agenda at the beginning of the meeting and about items not on the agenda at the end of the meeting. The rules dictate, however, that public testimony shall be specifically invited on each agenda item separately.

Because no quorum was present, the assembled members of the council could take no legal action with regard to any of the issues presented. After the meeting, however, Council President Teske said he believed the meeting was productive and that progress had been made.

“It’s baby steps,” he said. “But we’re having these discussions and we’re educating ourselves about the process and the rules. That’s how we fix the problems, with baby steps.”