Payne rejects city's contract offer

Richard Allan Payne, of the Doney Crowley P.C. law firm, rejected the City of Libby’s offer to extend for one month the firm’s contract to operate as City Attorney, which also stipulated the firm was to assign someone other than Payne to the city’s contract.

“As you know, on Dec. 8, 2015, Doney Crowley P.C. offered to stay on as City Attorney until a new City Attorney was installed or until Feb. 29, 2016, whichever came first,” Payne wrote in a Jan. 5 letter to Libby Mayor Doug Roll. “At last night’s City Council meeting I understand the council rejected that offer and instead offered a one-month appointment with other conditions. The firm must decline that offer.”

Although the City Attorney position is specified in statute as a two-year appointment, the contract between the firm and the city, prepared by the firm, was a one-year deal which expired Dec. 31, 2015.

Despite months of escalating tensions between Payne and some members of the council and numerous requests from council members Allen Olsen and Gary Neff, Roll refused to put a formal discussion of the City Attorney position on the council’s meeting agenda prior to the council’s Dec. 7 meeting, the last meeting before the contract’s expiration. 

“All of this could have been avoided,” said former council member Gary Neff. “I attempted to get action before the City Council every meeting for the last three and a half months. The mayor prevented any discussion of any kind.  Had the Council been allowed to work ahead, as I attempted to do, the city could have had a new attorney by now.”

The expired contract requires the firm to assist in the transition to a new City Attorney in the event the contract is not renewed.

Section eight of the contract reads: “In the event that Doney’s services are not renewed at the end of the contract term, Doney shall cooperate in assisting the city during any transition occasioned by such non-renewal or termination for a period of 60 days (beginning Jan. 1, 2016) at $5,833.33 per month. Doney’s obligation to assist in transition is released after March 1, 2016.”

The contract fails to specify the exact nature of the referenced transitional assistance beyond what is listed in section eight, but according to Payne’s Jan. 5 missive to the mayor, the firm will essentially cease all active case work on the city’s behalf.

“But please be aware that the firm will no longer be handling any criminal or civil cases for the city after the City Council’s latest decision,” Payne wrote. “We will not be attending any hearings, trials or other matters scheduled for January or February. This may have speedy trial and other consequences for criminal cases, so it is important to get a new City Attorney as soon as possible.”

In addition to full pay for the transitional period, Payne informed the mayor he also expects to not pay the $200 per month office rental offset of the expired contract.

“The firm will of course expect the city to fulfill its obligation under the contract and pay the firm the contract price ($5,833.33 per month plus the $200 per month offset for the City Hall office the firm will no longer be occupying,)” Payne wrote.

Neff disagreed with Payne’s interpretation of the contractual requirements.

“Without a new City Attorney, transition means he is obligated to prosecute those cases on the docket, up to Feb 29,” Neff said. “If he does not, then the city is under no obligation to pay the $5,633 monthly claim to Doney Crowley.  Also; under the contract the city is obligated to provide an office space for Doney Crowley, and an offset of $200 is applied to the monthly claim.  Payne abandoned the office and is demanding the city give him the $200. The office is still there and available.  Under the terms of the contract the city must offset the $200.”

Council president Brent Teske said he was not surprised by Payne’s decision and welcomes the coming change.

“It’s gotten so petty now that it’s not worth it any more,” Teske said. “We just need to find another attorney and move on.”