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Libby Police Chief Kessel to return to work on Dec. 27

by SCOTT SHINDLEDECKER
The Western News | December 23, 2022 7:00 AM

The City of Libby will not be looking for a new police chief.

According to a Tuesday, Dec. 20 news release from Libby Mayor Peggy Williams, Chief of Police Scott Kessel will return to duties on Tuesday, Dec. 27.

Williams wrote in the release that, “On Nov. 21, 2022, three employees resigned abruptly expressing dissatisfaction with workplace conditions. As a result, the city initiated its own investigation, which included interviews of current and former employees and a review of other relevant evidence. As is common for investigations of this type, the city took the additional step of placing Libby City of Police Chief Scott Kessel on administrative leave until the investigation was completed.

"The investigation did not indicate that there were any violations of laws or policies to support termination of the chief of police.”

Kessel has been police chief since February 2017. He joined the force in 2015.

The three former officers, Sgt. Chris Pape and officers Ian Smith and Cody DeWitt, each resigned on Monday, Nov. 21, according to city attorney Dean Chisholm. The news was not announced by city officials until its Dec. 5 meeting after a social media post revealed the information on Dec. 3.

According to the news release, recruitment for officer positions are posted locally with the Libby Job Service.

Officers Ron Buckner and Joshua Brabo remain on the department.

In other business related to the police department, Libby City Councilors on Monday night held an executive session before the regular bi-monthly meeting. It lasted about 45 minutes.

Williams said after the session more information would be released on Tuesday.

Once council reconvened, its members discussed and ultimately decided to postpone a decision on an agreement with the Lincoln County Sheriff’s Office to pay for law enforcement protection.

The council opted to revisit the matter at its next meeting on Tuesday, Jan. 3.

Councilors were presented with a memorandum of agreement that would have established a basic framework for the county sheriff’s office to be reimbursed for overtime its officers worked and mileage incurred while covering shifts left empty following the resignation of three officers more than a month ago.

Mayor Peggy Williams and councilors cited a number of reasons for not approving the agreement, chief among them the cost of such an arrangement.

Williams and councilor Kristin Smith wanted the deal to include a stipulation that it could be terminated before June 30, 2023, if enough officers were hired to rebuild the department.

Chisholm, who participated in the meeting via Zoom, pointed out that the county is required to provide law enforcement services in the entire county and enforce the laws of the state.

Councilor Hugh Taylor said he had a big problem with the memorandum not indicating a dollar amount.

“I’d like to see some parameters on this so we’re just not writing a blank check,” Taylor said.

Councilor Zach McNew agreed that council should know what it is going to cost.

Williams said shifts that are being filled by county officers are mainly senior members of the department.

“So the cost is going to be significant,” Williams said. “It’s one of the reasons I want the agreement to have some flexibility on when it can be terminated.”

Chief Administrator Sam Sikes said the county is required, per its labor agreement, to offer overtime to its senior officers.

“By state code, we can’t have them not work their full-time shifts just so they can provide coverage for us,” Sikes said.

Councilor Gary Beach said that Chisholm saying the county is required to provide law enforcement protection sheds new light on the situation. He also asked if the city police force was overstaffed.

Smith said in her other job, which brings her into contact with county officials frequently, she knows the sheriff’s office doesn’t feel they are adequately equipped to cover the entire county due to the population growth.

City resident Darrel “DC” Orr added his thoughts on the issues, saying “You’re legal counsel gave you a way out of this mess that you created. The city could disband the police force, toss the MOA in the garbage and force the county to pay for your mess.”

City officials created a police department in 1996 after it had been disbanded in 1982, according to a previous The Western News story.

Orr deemed it a “failed experiment.”

But McNew said the city does need its police force and, “we shouldn’t be throwing our problems on the county,”

Councilor Brian Zimmerman agreed the city shouldn’t be putting everything on the county.

“We’ll pay for it in the long run,” Zimmerman said.

The city, in its e-mailed statement to the Western News, wrote "The city is committed to providing a safe and professional environment for its employees and will take all steps necessary to achieving this goal. The city is also committed to the safety of its citizens and will cooperate with other local law enforcement agencies to ensure uninterrupted law enforcement services."