Zimmerman takes seat on council

Brian Zimmerman, the highest vote recipient in the 2015 Libby City Council election, took his seat at the council’s first meeting of the year Monday evening in Libby. Current council members Peggy Williams and Allen Olsen were also sworn in for new terms, as was councilwoman Dejon Raines to complete the remaining two years of former councilwoman Robin Benson’s term.

“My first impression,” Zimmerman said. “It was interesting. I think we all want to make a change for the better and we all have different ideas and ways to accomplish that goal. We have to come together and have discussion to help merge those ideas into good policy.”

The only topic of disagreement during the meeting was the extension of the contract between the city and the law firm of Doney Crowley P.C. as city attorney. The firm’s contract expired Dec. 31, 2015, and was not renewed by the choice of the firm’s principal attorney with regard to the city, Richard Allan Payne. Neither Payne, nor any other attorney representing the firm was present at the meeting.

Mayor Doug Roll asked the council to extend the contract through Feb. 29, 2016, as no qualified attorneys had responded to his advertisement with the Montana Bar Association for a new attorney. Roll said he spoke with two interested applicants, one who wouldn’t finish law school for another six months and one who had recently graduated but failed to pass the bar exam and would be retaking it in February.

Libby Police Chief Terry Watson spoke in favor of extending the contract, citing the number of cases currently in court and the ongoing investigative work of city police. Without an attorney to prosecute those cases in a timely fashion, Watson said, defense attorneys could move to have cases dismissed and there would be no city attorney to oppose those motions, thereby voiding the work of his officers.

Zimmerman suggested the idea that the contract be extended for the requested period, but include a stipulation that a different attorney from the firm become the principal point of contact, as he called it, “the face of the city attorney.”

Olsen also asked that a stipulation be included to require the immediate termination of the contract should the Montana Office of Disciplinary Counsel issue a ruling against Payne as a result of the complaint filed by himself and former council member Gary Neff in November 2015.

Council president Brent Teske suggested the contract be extended for one month and possibly extended again for another month should the city fail to find a suitable replacement in that time.

“We need to search,” he said. “But we need to do something in the meantime.”

Raines moved to extend the contract until the end of January, which was then modified to include the stipulation that a different attorney be assigned as the city’s point person. Teske seconded the motion and it was passed by a 5-1 vote over the objection of Olsen.

The council also approved a 1.6 percent pay increase for all non-union personnel, but split it off from a similar raise for elected officials, who will not receive a pay increase for 2016.

The council also approved all business licenses received, including renewals, but excepted those received which did not meet the city’s requirements. Councilwoman Raines said her brief review of the license applications presented showed numerous problems with business owners not properly completing the application. Two specific issues she cited were a failure to list a physical business address and a failure to sign the application. The motion to approve the licenses, minus those with the noted problems, passed unanimously.