City attorney resigns under pressure

Libby residents haven’t had much to cheer about lately. A group of residents is working to recall the mayor and the new city attorney faces a formal complaint alleging seven counts of professional misconduct. 

But on Monday, the 30 people attending the City Council meeting got their chance to cheer several times.

City Attorney David Tennant resigned during Monday’s meeting after the public and council questioned his knowledge of the pending state complaint prior to being sworn in as the city’s legal adviser. 

The council unanimously accepted his resignation. 

“You personally have embarrassed this town to where we’re the laughingstock across the state,” council member Allen Olson told Tennant, a lawyer from Kalispell. The crowd cheered.

After several comments from the public, Tennant offered up his resignation.

“I’ll voluntarily resign if that’s what you guys want,” Tennant told the council. 

Council members Dejon Raines and Brian Zimmerman questioned the legality of firing the city attorney.  

“If he’s willing to go, that bypasses legal procedure,” council member Brent Teske said. 

On April 15, the state Office of Disciplinary Counsel filed seven counts of professional misconduct against Tennant for allegedly putting a lien on a client’s property for nonpayment of fees, pursuing foreclosure and then anonymously buying the property for well below market value.

Tennant said that he was not aware of the incoming complaint against him until April 19, the day after he was sworn in as Libby city attorney on behalf of the firm of Kaufman, Vidal, Hileman and Ellingson.

“We knew there was an investigation,” Tennant said. “They happen all the time.”

The city of Libby had contracted with Tennant’s law firm for legal services. Tennant offered to have the entire firm resign from the deal, saying he believed the law office would not be interested in sending a different representative to act as city attorney.

“I agree that somebody’s going to have to do it, but I don’t think anybody at my firm will do it,” Tennant said. “They didn’t want to get involved in a situation like this. I just have a little bit thicker skin than they have. I don’t know how else to put it.”

Teske brought up the number of prosecutions that continue to pile up in Libby, the reason Mayor Doug Roll said he expedited the process of hiring Tennant in a temporary position.

“Somebody has to be there,” Teske said. “Something has got to happen with those cases.”

After several more public comments and discussion among the council, Olsen made the motion to accept Tennant’s resignation. Teske seconded the motion, which carried on a 4-0 vote.

Directly after the vote, Tennant stood up and left the building. Again, the crowd cheered.