Roll makes temporary attorney appointment
Kalispell attorney David Tennant, of the firm Kaufman Vidal Hileman Ellingson PC, has been offered a tentative contract by Libby Mayor Doug Roll. The contract, dated Feb. 3, 2016, has not been approved by the Libby City Council, nor was the copy provided to The Western News signed by either party.
According to the firm’s website, Tennant “counsels clients in the areas of taxation, estate and succession planning, probate and trust administration, private companies (including corporations, partnerships and associations) and general business, real estate and commercial transactions. Mr. Tennant also counsels clients in family law, including premarital agreements and asset planning, dissolution of marriage (divorce) and child custody arrangements.”
Tennant is a Kalispell native and holds advanced degrees in accounting and business administration from Montana State University and an advanced law degree in taxation from New York Universty in addition to his law degree from the University of Montana, which he earned in 2004.
Libby has been without a city attorney since Dec. 31, 2015, when the contract between the city and the Helena firm of Doney Crowley PC expired after the firm opted to not renew under new terms requested by the City Council.
Under the contract, the firm is to be paid $5,850 per month and is also to be provided office space with a telephone line and Internet service. The new contract represents an increase from $5,633.33 per month, as well as eliminates a $200 per month offset charged to the firm for rental of office space.
The contract specifies an employment term ending May 3, 2016, but also stipulates a one-year automatic renewal unless termination is requested in writing by either party with one month prior notice.
“The firm’s employment terminates on May 3, 2016, provided such termination is requested in writing by the city or the firm,” the contract reads. “In the event no termination is requested in writing, this agreement shall renew for a one year period. The agreement will continue to be renew [sic] annually unless terminated at the request of either party at least one month prior to the date of renewal. Upon request of the city, the firm will provide 30 days of transition services.”
Montana Code Annotated specifies, in Section 7-4-4602, city attorneys are appointed for two-year terms.
“The city attorney shall hold office for two years unless suspended or removed as provided by law,” paragraph (2) of the code section reads.
The immediate past city attorney contract was for the period of Jan. 1, 2015, until Dec. 31, 2015. The previous attorney, James Reintsma, was contracted from Dec. 24, 2012, until Dec. 31, 2014.
The contract also includes a clause not present in previous city attorney contracts, specifying the firm’s obligation to provide advice and counsel to individual council members.
“The firm has no duty to prosecute or defend officials of the city if such representation is adverse to the city,” the contract reads. “The firm has no duty to provide advice and services requested by one or more city officials if the advice or services are not for the city as a whole. In other words, the firm’s duties and obligations are to the city rather than to provide advice and advocate for city officials with agendas adverse to other city officials. The purpose of the foregoing is to prevent the firm from becoming a go-between party and to allow the firm to remain neutral and provide neutral services when there are disputes between city officials.”
City Council President Brent Teske declined to comment on the appointment, saying he had neither received a copy of the proposed contract nor had a chance to meet with Tennant. Tennant did not return a phone message prior to press time.