ST. LOUIS — The Missouri Court of Appeals denied an emergency writ filed Friday that would have prohibited a lower court's order freezing funds of the Northeast Ambulance and Fire Protection District.
 
Northeast board attorneys Elbert Walton Jr. and Bernard Edwards Jr. filed the writ in hopes of stopping a temporary restraining order filed Tuesday that froze the district's accounts and assets. While the preliminary writ was denied, it doesn't necessarily mean the appeals court is through with the case.

Friday's action was just the latest chapter in an ongoing saga.

With about a dozen firefighters and officers looking on — and two firetrucks, an ambulance and other Northeast fire district vehicles idle outside — a St. Louis County judge upheld on Thursday a restraining order freezing the district's funds.

Circuit Court Judge Maura B. McShane refused to quash a restraining order signed Tuesday by Circuit Court Judge Colleen Dolan. The order, which was in response to a lawsuit expressing concern that district funds would be raided before an upcoming board change, froze all accounts and assets of the Northeast Ambulance and Fire Protection District.

McShane's decision, however, left room for the attorneys involved to craft an agreement that would allow employees and certain bills to be paid "to keep the fire district operating in the regular course of business." McShane said she would have to approve of the agreement for such funds to be made available.

But as of Thursday night, there was no such accord. Missouri Rep. Don Calloway Jr., D-Bel-Nor, drafted an agreement, but Northeast board attorneys Elbert Walton Jr. and Bernard Edwards Jr. refused to sign it. Instead, Edwards informed Calloway of his and Walton's intent to file an appeal Friday, Calloway said. That appeal was filed - and denied - Friday.

"The accounts remain frozen," Calloway said Thursday. Calloway filed the suit that led to the order. "Mr. Walton's belligerence is the only reason that employees are not being paid."

Northeast's attorneys had argued the order would put residents and property at risk. Yet the district removed its pumpers and an ambulance from service so they and the firefighters who man them could be at the courthouse for Thursday's hearing.

Calloway called Fire Chief Joe Washington's decision to pull the equipment from service "an irresponsible show that underscores why he and Walton's influence should be removed."

Dennis Murray, president of the firefighters union to which about half of Northeast's employees belong, said Washington ordered employees to attend the hearing.

North Central Fire Alarm, which dispatches calls for 17 North County fire agencies, confirmed that Northeast took its two pumpers out of service — one for nearly two hours and the other for 1½ hours. The district also removed an ambulance from service, but it had been out of service beforehand, a dispatch employee said.

There were no fire calls in the district while the equipment was in Clayton. Had there been, agencies that share a mutual-aid agreement with Northeast would have been dispatched.

Still, Mike Marlo, fire chief at the nearby West Overland Fire Protection District, said equipment typically is taken out of service for reasons related to training, mechanical issues and funeral details. Asked for his opinion on equipment being taken out of service for a hearing, Marlo said: "Would I do that at my department? No."

A Northeast press release handed out at the hearing railed against the order, claiming it was causing safety hazards. It said district officials were alerting on- and off-duty personnel to ask the judge to release the funds. While the release referred to "directors" — the district has just two — director Rhea Willis said she did not approve of the press release. She also said the board had not discussed giving Walton permission to fight the order. Willis' attorney notified the court Wednesday that Willis consents to the order.

After McShane left the courtroom, Walton and Calloway nearly came to fisticuffs and had to be separated by bailiffs. Calloway had approached Edwards and Walton to discuss an agreement that would allow for employees and bills to be paid, but they refused. Walton announced loudly that the district would continue writing checks and that he planned to appeal the "outrageous" order. In response, Calloway barked an expletive at Walton.

Walton and Edwards declined an interview after the hearing.

The next hearing on the matter is scheduled for 10 a.m. Wednesday in McShane's courtroom.
 
Meanwhile, Friday was the deadline for district residents to apply in Circuit Court for the board's open, tie-breaking third seat. Judge John Ross will name the new director Nov. 19.