VETO

I, Richard R. Bolender, Mayor of the City of Oak Creek, do hereby veto Item 9 on the Common Council agenda for Tuesday, September 7, 2004.  At this meeting, the Common Council authorized implementation of the Canusa prescription drug program for Oak Creek employees, over age 65 retirees and residents, with incentives that two of the three co-pays over a 90-day period would be waived and employees and retirees would receive 50% of the savings to the City in the first two prescriptions ordered only; thereafter, a waiver of 2 of the 3 co-pays for employees and retirees would continue.

I applaud the efforts of the Personnel Committee members, the Common Council as a whole, and individual alderpersons to find creative ways for the City to save money.  However, the method they have chosen to provide this prescription plan is still illegal.

In the oath of office taken by elected officials, we swear to uphold the laws, and I believe it is improper to support breaking the law because there is disagreement with the law.  Therefore, I am respectfully vetoing this action.  My additional concerns are that no formal legal assessment of the City’s liability exposure has been presented, no formal contractual document has been presented, and there is nothing in writing indicating that the City will not incur financial obligation as a result of any actions taken against the City as a result.

It is my hope that the Common Council members will find a way to influence the State of Wisconsin and federal officials to push for this type of plan becoming available, and to help legislators devise and implement such a plan.

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Richard R. Bolender

Mayor, City of Oak Creek

Dated this 15^th day of September, 2004.