Mayor lies to council, public

Libby’s embattled mayor dug in deeper at Monday evening’s meeting of the Libby City Council. Following public calls from three members of the council for his resignation, Mayor Doug Roll went on the defensive about his appointment of David Tennant as Libby City Attorney.

Roll’s statement about the appointment, or lack of, however, was a lie.

He told the council he had not appointed Tennant as City Attorney, but instead had hired him on a temporary basis in the wake of former City Attorney Richard A. Payne’s resignation in December 2015. The temporary move, he said, was to expedite the prosecution of cases in Libby City Court, which are constitutionally required to be addressed promptly. He then told the council and the assembled members of the public Tennant was not the City Attorney, despite seated at Roll’s left at the council table behind a placard reading, “David Tennant, City Attorney.”

“He has to be sworn in order to do the job in front of him, but he is not the City Attorney,” Roll said.

Tennant was sworn into the office of City Attorney Feb. 11, 2016, by Roll himself. The oath of office, signed by both Tennant and Roll, and witnessed by City Clerk and Treasurer Audray McCollum, reads, “I, David G. Tennant do solemnly swear that I will support, protect, and defend the Constitution of the United States and the constitution of the state of Montana, and that I will discharge the duties of my office of City of Libby Attorney with fidelity (so help me God).”

The document was filed in the Lincoln County Clerk and Recorder’s Office Feb. 12, 2016.

Council president Brent Teske said he was confused by Roll’s actions and disappointed by the mayor’s actions. 

“He could be the right guy for the job, but this isn’t the right way to do it,” Teske said. “The mayor could have brought a temporary contract to the council for approval, but he didn’t, he just gave him a contract. I thought he was the City Attorney, acting or otherwise. I’m disappointed to see the mayor confuse the issue of the appointment. He gave him a contract, he swore him in, he sits at the table – so how would anyone on the outside looking in not consider him the City Attorney?”

Tennant didn’t respond to an email requesting comment after Monday’s meeting, but in a March 9, 2016, email he asserted the legitimacy of his appointment.

“There was a valid appointment and I contend we have a valid contract,” he wrote. “I would argue the mayor was at least an ostensible agent of the city and had the power to bind the city in the contract. Also, there is no time limit in the statute for the council’s approval. One could argue the appointment is valid until the council disapproves the appointment.”

Tennant was given the contract, dated Feb. 3, 2016, but the copy provided to The Western News was unsigned by either party. The contract provides for monthly compensation of $5,850, an increase of $216.67 from the base compensation of the former City Attorney after a $200 monthly off-set for office space rental in City Hall.

A motion made by Councilman Allen Olsen to withhold Tennant’s compensation for two weeks until the council could discuss his contract died at Monday’s meeting for lack of a second.

The temporary contract is set to renew May 3, 2016, unless termination is requested in writing by either the city or by Tennant’s firm, Kaufman Vidale Hileman Ellingson PC.

Despite multipe requests from council members, no discussion of Tennant’s appointment or contract have been on the council’s agendas for either of the two regular meetings since Roll extended the contract offer in February. The next regular meeting is at 7 p.m. May 2, 2016, at Libby City Hall, although Roll verbally committed to scheduling an additional meeting in April, which will likely be held Monday, April 18.