Residents voice displeasure with Libby police situation

The emotions were strong as Libby area residents packed city council chambers Tuesday night for its regular bi-monthly meeting - the first of 2023.

Seven of the dozens who attended the meeting publicly shared their feelings about the situation regarding the city police force.

Three of the force’s officers - Chris Pape, Ian Smith and Cody DeWitt - gave their resignations on Nov. 21, 2022. The trio penned a letter that ran in The Western News on Dec. 27. It included their allegations of misconduct, including possible illegal billing of hours, forced overtime and that Chief Scott Kessel was neglecting certain responsibilities and not concerned for the welfare of the officers in the department.

City officials, despite holding a public meeting the night of Nov. 21, did not share the information of the resignations until a Dec. 5 meeting after a Dec. 3 post on social media brought the matter out into the open.

At the Dec. 5 meeting, city attorney Dean Chisholm said three officers resigned “a week or so ago and the city has begun an inquiry into it.”

Then on Dec. 7, city attorney Dean Chisholm said Kessel had been placed on paid administrative leave pending completion of an inquiry by city officials in regard to officer complaints.

On Dec. 20, Mayor Peggy Williams issued a news release that said Kessel would return to his duties as chief on 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.”

Chisholm said during Tuesday’s meeting that the allegations by the officers in the letter were not shared with the city so they weren’t investigated.

“We’re in the process of getting a third party investigator to look into those claims and we hope to have that person lined up soon,” Chisholm said. “We’ve contacted the state Attorney General and the MMIA (Montana Municipal Interlocal Authority) and both said they couldn’t involve themselves.”

Smith spoke at Tuesday’s meeting and disputed a part of the Dec. 21 statement that was issued by Williams.

“No former employees were contacted during this investigation by the city,” Smith said. “The Lincoln County Sheriff’s Office was not contacted, either.”

Smith also was not pleased with the reinstatement of Kessel.

“Reinstating Kessel is like spreading bacteria on an infection,” Smith said.

Former councilor Darrel “DC” Orr said one of the city’s problems is that it doesn’t have a police commission.

“You guys let it slide,” Orr said. “You failed to keep the police commission, which could have provided oversight.”

Under Montana Code, cities with organized police departments which have three or more full-time law enforcement officials are required to have a three-member police commission. Part of the commission’s role is to hear and decide appeals brought by any member or officer of the police department who has been disciplined, suspended, removed, or discharged by an order of the mayor, city manager, or chief executive.

According to city administrator Sam Sikes, council re-appointed Arlen Magill to the commission at the March 16, 2020, meeting.

“In my memory, we didn’t approve anyone to the commission in 2022,” Sikes said.

Sikes wasn’t able to confirm if there was a police commission and Williams didn’t return a phone call seeking information on the status of it.

Magill spoke to The Western News and said he is no longer on the commission, having moved to Arizona in July 2022.

Magill wrote a letter to The Western News that was published in the Jan. 3 edition. He was critical of the way the three officers chose to resign.

“I recommended these three officers for hire and I think individually they are great people, but a question I have is if these three officers were soliciting the other two officers to quit and were they doing it on city time,” Magill said.

Magill commented on some of the officer’s comments regarding performing custodial duties and the long hours of the job.

“When they were interviewed, they had no concerns with these aspects of the job,” Magill said. “These officers knew better, they should have gone to the commission.”

In terms of a proposed agreement between the city and the county to pay county officers to cover open shifts, no decision was made.

City officials said they are waiting on an opinion from the state Attorney General’s Office about providing police coverage.

Others attending the meeting were displeased at what they believed was a lack of transparency by the city and that Kessel had not commented on the matter.

Kessel, who joined the force in 2015 and has been police chief since February 2017, was not at Tuesday’s meeting. He did not return a phone call from the Western News for a comment in this story.

Libby resident Brad Nelson said his family moved to Libby from eastern Washington because of an “overbearing and oppressive government.”

“I urge you to release public documents regarding this issue,” Nelson said. “It’s important to release information. Your job is to serve the City of Libby residents.”

Brian Hoskins also shared his thoughts.

“We’re concerned we haven’t heard from Chief Kessel,” Hoskins said. “I’m concerned for my family’s safety and the officers.’ I hope you can make this community feel safe again.”