By Elizabethe Holland
The St. Louis Post-Dispatch
CLAYTON, Mo. — An order freezing Northeast fire district funds was beyond the court’s jurisdiction and poses a danger to district residents and property, attorneys for the fire board argued in documents filed Wednesday.
Attorneys Elbert Walton Jr. and Bernard Edwards Jr. asked Circuit Judge Maura B. McShane to dissolve a temporary restraining order signed Tuesday night by Circuit Judge Colleen Dolan.
It froze all accounts of the Northeast Ambulance and Fire Protection District. The order was in response to a suit Tuesday expressing concern that district officials would raid Northeast’s coffers before a board change next month. The suit also seeks the appointment of a receiver to pay bills and employees.
McShane is expected to rule this morning on the board’s request to dissolve Dolan’s order.
McShane heard arguments in her chambers Wednesday from Walton and Edwards and three lawyers hoping to maintain the order: Missouri Rep. Don Calloway Jr., D-Bel-Nor, Kris Boevingloh and Paul Devine.
Calloway said that during that meeting, Walton said district officials would not comply with the order and would continue to spend funds. Calloway added that Walton challenged him and the others to seek a contempt of court order against him.
Walton did not respond to a request for comment but e-mailed the Post-Dispatch a motion arguing against the order. It says the district “has continued to pay expenses as they come due, including payment of the payroll.” However, it continues, the district’s bank apparently was served the order and has begun to dishonor checks written on a district account, including checks issued before the order was signed. The motion closes: “The court has jeopardized the lives and property of residents, visitors and businesses in the district by issuing (the order) ... and the court should rectify that error by dissolving (the order).” Walton’s and Edwards’ filings were on behalf of board President Robert Edwards and fire Chief Joe Washington, who are named in the suit.
Also named is board Secretary-Treasurer Rhea Willis, who earlier this month denounced district officials and has refused to vote with Edwards on district matters. Willis’ attorney, Kenneth Brison, filed a document with the court Wednesday, indicating that Willis supports the restraining order.
Calloway’s suit alleged that Robert Edwards, Washington and Walton have been conducting district business without Willis, “outside of the public watch” and “without legal authority to do so.”
Willis has said she hopes a director to be appointed to the board next month will work with her to “clean up” the district. Circuit Court Judge John Ross is expected to make the appointment Nov. 19.
As of Wednesday, four district residents had filed résumés and letters of interest with the court: Mary Buchek, Anthony Glover, Carlton Jones and Donald K. Morice. The deadline for applicants is Friday.
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