Libby launches second investigation into police chief as it rebuilds oversight commission

In separate press releases, Libby Mayor Peggy Williams announced a second investigation into allegations against Police Chief Scott Kessel and acknowledged that the city's Police Commission had lapsed in recent years.

“It has been determined that the Police Commission currently has no members," Williams wrote in one of the Jan. 7 press releases. "The commission meets on an as-needed basis to examine all applicants whose applications have been referred to the commission ... 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.”

The commission, which offers oversight of the Libby Police Department, last met in February 2022, according to Williams. At the time, members interviewed candidates for an open officer 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 City Hall will reconstitute the commission and is currently accepting applications, which are available on 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 E. Spruce St.

According to Montana law, applicants must be city residents.

WILLIAMS ALSO said the city hired an independent investigator, Breck Law Office of Columbia Falls, to conduct a third-party investigation into allegations by three former Libby Police officers against Kessel. Breck Law Office came recommended by the Montana Municipal Interlocal Authority.

Williams said the investigation would begin Jan. 12. It was expected to last two days.

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

The three officers - Chris Pape, Ian Smith and Cody DeWitt - tendered their resignations on Nov. 21, 2022. The trio penned a letter that ran in The Western News on Dec. 27 that included allegations of misconduct against Kessel, including the improper billing of hours, forced overtime and that the chief was neglecting certain responsibilities and unconcerned for the welfare of department personnel.

Libby City Council, despite holding a public meeting the night of Nov. 21, did not acknowledge the resignations until Dec. 5 and only after a Dec. 3 post on social media brought the matter out into the open.

On Dec. 7, City Attorney Dean Chisholm said officials had placed Kessel on paid administrative leave pending the completion of an inquiry by City Hall in regard to the officers' complaints.

On Dec. 20, Williams issued a news release that said Kessel would return to his duties as chief on Dec. 27.

City councilors, in the meantime, are still ironing out the financial details of an agreement that has the Lincoln County Sheriff's Office covering the former police officers' shifts in Libby. City officials said they were waiting on an opinion from the state Attorney General’s Office.

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

Council is scheduled to meet at 7 p.m., Jan. 17.