Libby Police Commission elapsed; second investigation underway

In two recent press releases, Libby City Mayor Peggy acknowledged that the city’s Police Commission had been allowed to lapse and that another investigation had begun into allegations of misconduct by Chief of Police Scott Kessel.

According to the Jan. 7 press releases, Williams wrote that, “It has been determined that the police commission currently has no members. The Commission meets on an as needed basis to examine all applicants whose applications have been referred to the commission as to their age, legal, mental, moral and physical qualifications and their ability to fill the office as a member of the police force and hearing 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.”

Williams wrote that the Police Commission last met in February 2022 to interview candidates for an open officer's position.

“Since that time one Commissioner has moved to Arizona and the other two terms have expired with no action on renewing those terms,” Williams wrote.

The mayor said the city is looking to rebuild the police commission and is currently accepting applications, which are available from the city’s website and can be downloaded under the "How do I" tab in “Service Opportunities.” Applications can also be picked up from City Hall at 952 East Spruce. According to Montana law, applicants must be city residents.

Williams also said the city hired an independent investigator, Breck Law Office, Columbia Falls, which was recommended by Montana Municipal Interlocal Authority to conduct a third-party investigation into allegations by three former City of Libby police officers against Kessel.

Williams said the investigation would beginning Thursday, Jan. 12, and was expected to last two days.

“We want to get to the bottom of this problem and behind us and move forward, so we are bringing in a neutral third party to conduct the investigation,” said the Mayor.

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 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.

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.

In terms of a proposed agreement between the city and the county to pay county officers to cover open shifts, no decision was made at the council’s Jan. 3 meeting. City officials said they were waiting on an opinion from the state Attorney General’s Office about providing police coverage.

“The “no notice quit” of the three officers has not caused the city to be unprotected. The Lincoln County Sherriff’s Office is providing coverage using their off-shift officers to cover our vacant shifts”, Williams said.

The city council is scheduled to meet at 7 p.m. Tuesday, Jan. 17.