Libby mayor orchestrates illegal meeting

Two members of the Libby City Council were shocked to learn their presumed private April 1 lunch meeting with Libby Mayor Doug Roll had become an illegal meeting of the City Council. Council members Dejon Raines and Brian Zimmerman were reportedly surprised to discover they were both having lunch with the mayor to discuss budget and infrastructure items, and even more surprised when the lunch meeting at Treasure Mountain Casino was also attended by city administrator Jim Hammons and Councilwoman Peggy Williams. 

Under Montana law, any meeting involving a quorum of the members is defined as a public meeting, and must be open to the public, with notice posted and meeting minutes recorded and published.

“2-3-202. Meeting defined. As used in this part, “meeting” means the convening of a quorum of the constituent membership of a public agency or association described in 2-3-203, whether corporal or by means of electronic equipment, to hear, discuss, or act upon a matter over which the agency has supervision, control, jurisdiction, or advisory power.

2-3-203. Meetings of public agencies and certain associations of public agencies to be open to public – exceptions. (1) All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations or agencies supported in whole or in part by public funds or expending public funds, including the supreme court, must be open to the public.”

A quorum, according to Montana law, is one more than half of the members of the membership. With seven total members of the council, including the mayor, the presence of any four constitutes a quorum.

“I did not realize this was going to be set up the way it was before I got there,” Zimmerman said about the meeting.

“It kind of threw me off my rocker,” Raines said. “I’m not comfortable with it and I’m not happy about it.”

Both Raines and Zimmerman said they were under the impression they were having a private lunch with the mayor to discuss city budget issues related to infrastructure, but found out they were attending the same lunch earlier that day.

Zimmerman said he was talking to Raines about a real estate matter shortly before the scheduled lunch and mentioned to her he was having lunch with the mayor. Raines said she was surprised to hear about the lunch from Zimmerman, and told him she was also meeting the mayor for lunch. They said they were even more surprised when Councilwoman Williams arrived at the restaurant as well.

Zimmerman, who has only been in office for three months, said he was confused by the meeting.

“In the back of my head I was wondering if this was a quorum,” he said.

Zimmerman said Roll showed them a graph about water usage and the costs of the chemicals used at the Libby Water Plant to treat the city’s drinking water. Both Raines and Zimmerman said they were confused about the point of the mayor’s charts.

“I’m still scratching my head about it and wondering what the purpose of it was,” Raines said.

The city council and the mayor have butted heads in recent months on the topic of public meetings and appropriate notice. Earlier this year the mayor informed members of the council he would no longer respond to email messages regarding city business.

“Good afternoon everyone,” Roll wrote in an email to the members of council Feb. 10, 2016. “I will no longer respond to council emails concerning city business. Council has been repeatedly cautioned that what you are doing constitutes a meeting that is not open to the public. If a council member would like an item placed on the agenda give me a call and we will discuss the item.”

Tensions escalated last month when the mayor abruptly and unilaterally canceled a working meeting of the council scheduled for March 21. He warned council members, in an email dated March 21, 2016, if they proceeded to meet without his permission it would constitute a violation of the City Charter and Montana law.

“I would remind council that by City Charter and Montana Code, the Mayor is the only authority that can call a council meeting, (meeting defined by MCA 2-3-202 a quorum of council, 4 or more council members in our case,will hear, discuss or act upon issues that it has jurisdiction over),” he wrote. “No council member has authority to call a meeting of a quorum, no matter their title (Council President in this case). Council President, by City Charter’s only power is to chair council meetings if the Mayor is absent. Your attendance at tonight’s meeting is your choice, keeping in mind that it would be contrary to City Charter and Montana Code.” 

Zimmerman said nothing was decided at the meeting and nothing was discussed that he felt should have been reported to the full council during Monday’s meeting, nor to his knowledge were minutes of the meeting recorded.

Montana law, however, requires the taking of minutes at all public meetings.

“Montana Code Annotated, 2-3-212. Minutes of meetings -- public inspection. (1) Appropriate minutes of all meetings required by 2-3-203 to be open must be kept and must be available for inspection by the public.”