Missouri Charges Accuses NE Fire District of Asbestos Violations

On July 7, the Missouri Department of Natural Resources (DNR) formally accused the Northeast Ambulance and Fire Protection District (north St. Louis County) of violating several asbestos-related rules established by the DNR, and offered to settle out of court for $70,000.

Asbestos is a friable mineral that, once it becomes airborne, can be inhaled or ingested, causing a number of diseases, including asbestosis, lung and digestive system cancers, and mesothelioma. The latter, which involves cancers of the mesothelial lining of the chest and abdomen, is especially lethal, lying dormant for decades before producing symptoms definitive enough for diagnosis. Once diagnosed, however, most victims are given about a year to live.

This most recent move on the part of the DNR stems from incidents last year, when officials from St. Louis County, as well as state and federal agencies, began investigating complaints that members of the fire district had removed tiles purported to contain asbestos from the fire district's 5,488-square-foot building at 7100 Natural Bridge Rd without conducting a certified asbestos audit, hiring a registered asbestos abatement contractor, disposing of the tiles in required fashion at a designated facility, and then forcibly preventing inspectors from checking out the situation.

The above charges were contained in a June letter to Joe Washington, who was then the president of the fire district. Elbert Walton Jr., an attorney for the fire district, responded with a June 30 letter saying the district denied all allegations, that air-quality testing at the facility showed no asbestos fibers in the air, and that the district had (and has) a "Fourth Amendment right against unreasonable search and seizure" at its administrative offices.

The asbestos charges are part of a larger dispute in which the Missouri Attorney General's office, headed by Chris Koster, has filed a lawsuit, charging that the fire district and two of its board members, former president Washington and Robert Edwards, violated the state's Sunshine Law by prohibiting certain members of the public from attending meetings. A third and final board member, Bob Lee, is implicated in the purported crime by default.

Sunshine laws in general are designed to permit public representatives and members of the press and media (though not necessarily the general public) to attend meetings of public organizations in the interest of governmental transparency. The laws may also apply to corporations, though not to privately owned companies. In Missouri, the Sunshine law is very specific, and allows the public at large to attend such meetings, whether physical or via Internet and phone, and mandates that such meetings be conducted in facilities large enough to accommodate expected attendance, and at "reasonably convenient times" (thus the name Sunshine Law).

The DNR, in its July 7 letter to Walton, is charging the district with mishandling asbestos-containing materials and blocking inspectors. The letter gives the district a deadline of July 21 to respond to the settlement offer. If the district fails to respond in timely fashion, the matter will be referred to Koster's office.

Koster is clear on the matter, affirming that governmental bodies can't make arbitrary rules to bar citizens. DNR chief of enforcement Steven Feeler is equally adamant, calling Walton's insistence that the district acted within its rights "an argument without merit".

Walton, for his part, says the district - faced with constant disruption of board meetings by specific members of the public - had no choice but to bar the offenders, and said Koster's interpretation of the Sunshine Law left public bodies defenseless against harassment.

Walton also mentioned a Cookie Thornton by name, and has been noted to remind people that the fire district in question is the only one in Missouri administered by African Americans. The media is equally critical of Walton, frequently reminding readers that Walton is paid a "handsome" retainer fee for his district representation.

Lee has since been ousted, and Washington resigned to become fire chief. The resolution of Sunshine Law violations will undoubtedly restore some semblance of sanity to the fire district's operations. The resolution of the asbestos issue will not, however, protect those volunteer firemen who may have been unknowingly exposed to asbestos, potentially creating a legacy of hardship and illness that will carry well into the future.

Sources: St. Louis American, STLToday

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