The Northeast Ambulance and Fire District board members overstepped their power when they kicked one of their own off the board last year, a St. Louis County judge ruled Monday.
Robert Lee sued the district leaders after they approved a resolution that forced him from office in July 2009, claiming he violated a law that forbids board members from working for county government.
The ruling from Judge Steven H. Goldman does not mean Lee will automatically take back his spot on the board. Rhea Willis was appointed to fill the position.
Lee's attorney, Neil Bruntrager, said another lawsuit would have to challenge Willis' appointment before Lee could resume his service.
"It's incremental," Bruntrager said. "We have to do this step by step."
Bruntrager expected a district resident or another interested party to file the petition soon.
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"Until then, we're maintaining the status quo," he said.
Lee would also have to jump another legal hurdle — prove to a judge that he didn't violate the state law that prohibits fire board members from working in government. A trial is set for Oct. 25.
Attorneys for the district challenged Lee's right to be on the board.
Rufus Tate, an attorney for the board, says Lee forfeited his seat when he accepted a paying position on July 15, 2009, with a political subdivision of the state. The board's resolution just acknowledged that his position was vacant, he said.
Tate said he expects to prove that Lee violated state statute when the matter goes to trial in October.
"There's no question he's an employee of St. Louis County," Tate said. "He violated the law."
On Monday, Lee agreed that he will not try to participate in board meetings without a further court order.
Hearings about the fire district's operations have become commonplace in the St. Louis County Circuit Court during the last year, since a judge froze its funds and put the district under the watch of a special master.
The district has been targeted by county, state and federal investigators; it has been sued over the Sunshine Law and other issues; its former board president pleaded guilty of a felony regarding the removal of asbestos from a district building; and a judge ousted one board member from office, saying he "flagrantly abused his power."
