A Kalispell law firm representing Common Sense in Whitefish Government and its founder, Rick Blake, has asked newly elected Whitefish City Council member John Muhlfeld to show proof of his city residency prior to the election.

A letter sent to Muhlfeld on Wednesday by attorney Duncan Scott said his clients "have expressed concern" that he was not an eligible council candidate for the Nov. 6 election because he allegedly was living at his fiancee's home in the Northwoods subdivision outside city limits.

State law says a person is not eligible to be a city-council member unless he or she is a resident for at least 60 days preceding the election.

Duncan said his clients have information that Muhlfeld leased his home on Somers Avenue to a third party prior to the 60 days preceding the election.

"We would welcome any information or facts that you can provide to show that you were a resident of Whitefish as state election law requires," Duncan wrote in the letter to Muhlfeld.

Duncan asked Muhlfeld to respond by Jan. 2, since the swearing-in ceremony for new council members is scheduled Jan. 7.

MUHLFELD did not return phone calls from the Daily Inter Lake, but in an interview in October, prior to the election, he said he consulted with Whitefish City Attorney John Phelps and was advised he was a legal candidate.

He became engaged to Stephanie Sunshine this summer, and while he said he spends some nights at her home in Northwoods, he said he also spends time at his Somers Avenue home.

"I'm not living at her house," he said prior to the election. "I have roommates and retain a room [for myself] and am frequently at my home."

Muhlfeld said he and his fiancee intend to live at the Somers Avenue home once they're married.

"What I do with my personal time and my fiancee should have no bearing on the election," he said in October.

Phelps said state law for determining residency is somewhat vague and tends to favor the office-holder. It states that a person "does not lose residence if the individual goes into another state or other district of this state for temporary purposes with the intention of returning."

"I remain confident he was a lawful candidate and was lawfully elected," Phelps said Thursday.

During an interview in October, Phelps said Muhlfeld told him he had given notice to his roommates to move out of the home, and that he intended to reside at the Somers Avenue house.

"It was clear he wasn't going to take a chance," Phelps said.

MOONLIGHTING Detective Agency of Kalispell recently was hired to investigate Muhlfeld's residency. Ike Eisentraut, a detective with that agency, interviewed Inter Lake reporter Lynnette Hintze a couple of weeks ago as part of that investigation.

Phelps said he believes the recent turn of events is "the influence of money in small-town politics."

In a letter published in the Nov. 1 Whitefish Pilot, Blake said he formed Common Sense in Whitefish Government "in order to encourage others to vote" for Mike Jenson for mayor and council candidates Turner Askew, Martin McGrew, John Murdock and Kent Taylor. Blake said he was concerned about the leadership and direction of the current council.

Blake could not be reached for comment on Thursday.

Muhlfeld, a hydrologist with River Design Group, was appointed to the council in 2006 to fill the seat vacated by Tom Muri. He was one of the top vote-getters in the Nov. 6 election. Ryan Friel also was elected.

A third council seat ended in a tie vote between Turner Askew and Martin McGrew. The newly seated council is expected to pick a winner on Jan. 7.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com