City OKs paying Lincoln County Sheriff's Office for police protection

The term “blase” is one not likely heard often during a Libby City Council meeting.

But it was uttered at Tuesday’s special meeting before councilors voted to approve an $11,784.88 invoice from the Lincoln County Sheriff’s Office for police protection after three city officers abruptly quit the force on Nov. 21.

Libby resident Sue Riley had a few words to say about the police force situation during the public comment portion.

“Madam Mayor (Peggy Williams), you are being very blase about this,” Riley said. “There’s no explanation, no apologies, no accountability.

“How is this gonna be prevented from happening again? I am concerned this will happen again.”

The situation arose after three of the force’s officers - Chris Pape, Ian Smith and Cody DeWitt - resigned on Nov. 21, 2022. A letter penned by the three officers which ran in The Western News on Dec. 27 included their allegations of misconduct against Chief Scott Kessel. They included 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.

Controversy has swirled around city officials since word of the resignations reached the public in a Dec. 3 post on social media. Despite holding a public meeting the night of Nov. 21, the city did not share the information of the resignations until a Dec. 5 city council meeting.

At some point, the city discussed paying the county for its officers to cover shifts left open by the resignations of the city policemen.

The Sheriff’s Office ended up submitting an invoice on Jan. 3 for 18 overtime shift coverages and mileage expenses for three pay periods from Nov. 21, 2022, through Dec. 30, 2022. City Administrator Sam Sikes provided a letter that illustrated the city would be paying an additional $3,351.59 over what it would normally pay its officers.

Hugh Taylor was the only one of six councilors who voted to not pay the invoice. Taylor was very outspoken about council not being involved in the discussions surrounding the situation. He also questioned why someone from the sheriff’s office wasn’t at Tuesday’s special meeting.

“I invited them to the meeting and they opted not to come,” Williams said.

In terms of the deal between the city and sheriff’s office, City Attorney Dean Chisholm said what occurred was typical.

“As to the process, typically a contract is drafted by the executive branch, then taken to the council,” Chisholm said. “Typically, you don’t have the entire council involved.”

Chisholm also said he never told council to not pay the sheriff’s office.

“But in my interpretation and the last state Attorney General’s opinion, the county sheriff’s office is obligated to provide law enforcement services to everyone in the county,” Chisholm said. “I also believe that it’s reasonable for the city and county to work together to provide protection and services at a reasonable cost.”

Taylor also wasn’t happy that Kessel was allowed to take vacation time after he was re-instated on Dec. 27. Kessel was placed on paid administrative leave on Dec. 7 pending completion of an inquiry by city officials in regard to officer complaints.

“The chief was allowed to go on vacation for six days after he was reinstated. Why wasn’t he covering those shifts? Taylor asked.

Councilor Melissa Berke spoke, too.

“I agree it’s ridiculous how it was handled,” Berke said. “We all found out by reading the newspaper.”

Kessel’s status with the department is still murky. According to Sikes, Kessel began taking sick leave on Jan. 16 and he has not returned to work.

When Mayor Williams was asked if Kessel had been fired, suspended or placed on leave, she answered, “No.”

In terms of future payments to the sheriff’s office, Sikes said the city has not been billed for anything beyond what was paid at Tuesday’s meeting. He thought once the proposed memorandum of agreement was placed back on the agenda, there could be future invoices.

At the Dec. 19 city meeting, 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 the officers.

No information was provided about the city’s second investigation into alleged misconduct by Kessel at Tuesday’s meeting. Sikes said the last he had heard was the investigator would be still doing interviews this week. The city hired an independent investigator, Breck Law Office, Columbia Falls, to conduct a third-party investigation.

Sikes said the city is receiving applications for police officer and the defunct police commission.

“We’ve received four applications for the open police positions and three for the commission, including DC Orr,” Sikes said. “We’re accepting applications until Feb. 28.”