Libby needs to revise charter

Not long ago, the mayor of Libby called a meeting with three City Council members. Together they could have decided on any course of action for the city since they represented a majority on the governing board.

But it was neither a legal meeting of the City Council (since it was never announced to the public through legal notice), nor was it an illegal meeting of the council (because the mayor is not officially a member of the six-person council, but rather a presiding officer who has a tie vote).

Instead it was a legally permitted end run around public transparency and government accountability, made possible because the Libby City Charter defines the council as an even-numbered six members. That means a quorum is not reached until four of the six members are present.

Therefore, a meeting of three members of the council can occur at any time to discuss public business without the public’s participation or even awareness.

Since the mayor constitutes the tie-breaking seventh vote at council meetings, any three members can meet with the mayor outside of public view and determine in advance and privately what policies they will force on the city of Libby — and it’s all legal.

We don’t know whether any skulduggery has already taken place thanks to this rigged system, but if not, it’s just because we got lucky. There’s no reason to allow this flawed component of the City Charter to remain in effect when it is an invitation to municipal tyranny.

We encourage Libby residents to take it upon themselves to amend the city’s charter. That’s a tall order, but it’s easier than putting a tail on the mayor and his council allies to find out if they are meeting at local restaurants and taverns in a legally acceptable, but ethically questionable quasi-quorum.

The Libby City Charter states it can be amended only in accordance to state law, which says the citizens must submit the question of amendment to the local government via petition. The petition must be in compliance with the state-mandated petition process.

Once local officials amend the charter, the amendment will become official following the first day of the fiscal year. So, it looks like we’re stuck with what we have for at least the 2016-2017 year. If that’s the case, it’s time to start now — to close this indefensible loophole that has put the very concept of public government into limbo in Libby.

The Western News