Politics & Government

Former Board Candidate Ready to Sue Ballwin

Dr. Raj M. Sajid of Ballwin argues that late tax payments by a sitting alderman should have resulted in Sajid's election to the board.

A former candidate for the Ballwin Board of Aldermen said Monday that he plans to sue Alderman James Terbrock and the City of Ballwin in St. Louis County Circuit Court.

Dr. Raj M. Sajid alleges that Terbrock paid to St. Louis County should have disqualified him from last month's election. As part of the filing process, candidates are required to sign a statement saying he or she is “not in arrears for any unpaid city taxes or municipal user fees on the last day to file the Declaration for Candidacy, which will be January 18, 2011.”

Terbrock’s real estate tax payments to St. Louis County for 2009 and 2010 were not paid in full until January 21, 2011.

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Alderman Ron Markland, who endorsed Sajid going in to the April 5 elections, said those taxes should be considered unpaid municipal user fees since a portion of those payments to St. Louis County are disbursed to the city and applied to sewer lateral fees.

“Elected and appointed officials should be expected to follow a much more strict interpretation of the laws,” Markland said at Monday night's Board of Aldermen meeting. “They should not be allowed to find some loophole to allow them to ignore the payment of taxes.”

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Alderman Terbrock was absent Monday; Terbrock stated earlier this month that he wouldn’t be present at that meeting because of a conflict with a work seminar.

Although not directly tied to the pending suit, Markland said the controversy over tax payments is part of a “rampant problem” among Ballwin’s elected officials. Markland said Alderman James Leahy, who ran unopposed in this month’s elections, owed personal property taxes at the time of filing which were not paid until April 12, 2011.

Markland also indirectly identified former Alderman and current Board of Adjustments member Jane Souzzi, who he said owed personal property taxes when she filed in 2009 to run for alderman last year.

Mayor Tim Pogue said Monday that Sajid, too, owed real estate tax payments at the time of filing. A letter from attorney Robert M. Heggie, however, who is representing Sajid in divorce proceedings, said Judge David Vincent ruled that neither Sajid nor his wife were required to pay 2010 property taxes on their Ballwin home.

“The final decision on whom will pay the real estate tax on the house will be resolved when this is finished last [sic] this Spring,” Heggie wrote.

Ballwin City Attorney Bob Jones said Sajid’s suit against Terbrock and the city has yet to actually be filed in court.

“But at least at this point we have received what I would characterize as a ‘courtesy copy’ of the lawsuit,” Jones said.

Jones said that per the Board of Aldermen’s request, he will contact the St. Louis County Board of Election Commissioners prior to their next meeting for clarification on the declaration’s language, and for guidance on the review process.

“That’ll be our next step,” Jones said.

Sajid said he fully intends to proceed with a lawsuit, but would like to settle the matter outside court.

“I hope they call me and talk to me and say, there’s a mistake that happened, they accept the mistake, and if that can be resolved peacefully, that’s fine,” Sajid said. “If not, then I will go file.”


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