A Wright City Fire Protection District board member who lost last April's election is back in office after an election error. Robert Mallery was reappointed at last Thursday's board meeting to fill the remainder of the term he was first elected to in April 2006. He takes the place of Keith Thompson, who offered his resignation after the mistake was learned. Thompson won the election last April when he defeated Mallery 676 votes to 211. The error was realized three weeks ago, Assistant Fire Chief Ron MacKnight said, when officials began reviewing election records in connection with the upcoming April 6, 2010, election. Candidates began filing Tuesday for two seats on the board, including the one currently held by Mallery. Fire district lawyer Frank Vatterott's opinion also apparently ends speculation about the possible return of fired ex-chief Brian Nickerson. Vatterott said that Thompson's votes since April were valid and that he had sat in good faith. In a Dec. 3 letter to officials, he called the error a "simple mistake." Last week, Vatterott said the only instances where a previous 3-2 vote could be changed were if the issue was still ongoing and could be resolved through a vote. However, he did say at last Thursday's meeting the fire board could choose to rehire Nickerson during the current hiring process to fill the vacancy. Excluding Thompson, the other four board members were split on Nickerson's employment at the time of his dismissal. "Even though there shouldn't have been an election and Keith Thompson should not have been seated because Mallery's term was not up, the votes of Thompson's count because the law says that he's a de facto director," Vatterott told The Record. "It was in good faith and they screwed up. In other words, the law says move forward. It won't change any votes or any process even though it was a mistake." By a 3-2 vote on Aug. 10, Nickerson was placed on paid administration leave with his termination effective Aug. 24. A severance package totaling $37,782.42 was reached Oct. 8 with Nickerson, who served as fire chief since 2004. The error was made last year at this time when fire district officials used an older statute that set Mallery's term at three years and failed to notice a revision to the law that added another year to the term, according to Vatterott. In April 2005, voters in the Wright City Fire District approved a proposition to increase the number of board members from three to five. Pursuant to state statute, when the two new seats were created beginning in 2006, the person receiving the most votes (Mark L. Smith) won a six-year term, while the second-highest vote-getter (Mallery) was to serve a four-year term. Though the election was held a year early, Vatterott confirmed there were no repercussions in a review with Waylon Hales, election counsel with the Missouri Secretary of State's office. In his letter to officials, he called the error a "simple mistake." Last week, he said the election error was not as uncommon as first believed, telling the board similar instances have happened to other fire districts, school boards and other governmental entities in the state. The fire district is currently in the process of hiring a new fire chief. MacKnight is currently serving as interim chief. The application deadline was Nov. 30, but MacKnight said the employment search was put on hold once the election error was learned. Since Thompson was elected at the wrong time, Vatterott concluded the best remedy was for Mallery to be reseated. Once Mallery's term ends, all five board members will serve six-year terms. Following last Thursday's meeting, Mallery said he had no problem filling the remainder of the term, though he does not intend on running again. He also remarked the fire district needed to move forward from the election blunder. "I think it was a surprise," Mallery said. "I didn't know how it would be. I said in order to make it legal, I will come back and when April comes around, so be it." When reached last week, Thompson agreed he needed to step down and remarked the situation facing the fire district was "ridiculous" and was "avoidable." He declined to say if he intends on running again for the seat.