City considers deal with county sheriff for protection

Libby City Council will hold another special meeting Tuesday night to deal with a proposed agreement with the Lincoln County Sheriff’s Office for payment of law enforcement services.

The meeting will begin at 7 p.m. in council chambers at the city building at 952 E. Spruce St.

The memorandum of agreement has been a topic of discussion for about two months following the resignations of three officers, Chris Pape, Ian Smith and Cody DeWitt, on Nov. 21, 2022. The officers have alleged 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. One investigation cleared Kessel while a second is being held about allegations the city said it was not aware of during the first inquiry.

The news of the resignations didn’t become public until a Dec. 3 social media post. Council held a public meeting the night of Nov. 21, but the city did not share the information of the resignations until a Dec. 5 city council meeting.

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 decision was made on Dec. 19 and the memorandum was tabled. Councilors cited the open-ended nature of the agreement and if the city had to pay the county for law enforcement services as reasons for not approving the deal at the time.

The new proposed memorandum includes 17 items that must be agreed to by the city and county. The proposal calls for the agreement to begin Wednesday, Feb. 1 and end June 30, unless the city notifies county Sheriff Darren Short that his department’s services are no longer needed. Both parties may agree to extend the agreement beyond June 30.

Also, county deputies working in the city will answer directly to the Sheriff and coordinate with the city police sergeant or a designated representative on a daily basis regarding issues that may arise. County Sheriff’s Office vehicles will be used and mileage will be provided to the city for reimbursement. The city will pay the Sheriff’s Office the deputy’s overtime rate and allowable benefits for overtime hours.

Libby City Councilors voted at a Jan. 24 special meeting to approve paying an $11,784.88 invoice from the county Sheriff’s Office for police protection. The county submitted 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.

In terms of Kessel’s status, he began taking sick leave on Jan. 16 and as of Jan. 24, still hadn’t returned to work. Kessel was placed on paid administrative leave on Dec. 7 while the city investigated claims of misconduct. After the city determined there was no misconduct, Kessel returned to work on Dec. 27.

At some point after Dec. 27, Kessel took six days of vacation, according to Councilor Hugh Taylor.

After last Tuesday’s meeting, Sikes said the city had received four applications for the open police positions as well as the defunct police commission.

For those who wish to access the meeting electronically with ZOOM, dial 253-215-8782. The meeting ID is 4042719951 and the password is 151041.