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June 8, 2009 Missoula City Council 435 Ryman Missoula, Montana 59802 Re: Veto of Ordinance Number 3400 Dear City Council Members: After considerable communication from constituents, communications with several Council members, including the ordinance’s sponsor, and discussions with my staff, I am vetoing the portions of Ordinance Number 3400 regarding use of mobile telephones while operating a motor vehicle or bicycle. I’m attaching a red-line version of the ordinance as vetoed for your information. I believe the only enforceable piece of this ordinance that significantly affects public safety and might change public behavior is the primary prohibition on using a cell phone or other electronic communication device to write, send or read text messages. In short, what remains of this ordinance prohibits texting and driving. I don’t believe that the prohibition on using a cell phone while operating a motor vehicle or bicycle will enhance public safety or change public behavior. That doesn’t mean that driving or cycling while talking on the phone is smart, safe or reasonable under all circumstances. It does mean that this law wouldn’t accomplish what I think its sponsors and supporters intended. As some council members suggested at last week’s meeting, the ordinance is without teeth. As others suggested, it may be unfair. And as many of the folks who contacted me suggested, it goes too far. I think our police officers, firefighters, other public employees and many of our citizens are responsible users of cell phones and the hands-free devices that go with them and that we should continue to provide access to a convenient and inexpensive tool for conducting public and private business. I’ve heard from more citizens on this issue than nearly any other in my experience as mayor; most of those who contacted me want us to think about this a bit more and give more consideration to the use of hands-free devices. I also appreciate the support some expressed for the ordinance and its goals and I want to acknowledge that support. Lots of folks shared anecdotes of dangerous behavior by drivers talking on the phone; I’ve got a few of my own. I also appreciate and respect Councilman Strohmaier’s efforts in bringing this ordinance to you for consideration. I appreciate his intent, too, which I think all of us share: we want the citizens and visitors we serve to be as safe as possible when ---PAGE BREAK--- 2 navigating the streets and sidewalks of our city. If this veto stands, I will encourage my staff and citizens to work with council and me toward that noble end. Together, with a bit more time and effort, I think Missoula can have a reasonable, practical, enforceable and laudable ordinance on our books that addresses public safety and the use of cell phones while driving a vehicle or riding a bike. This veto is not intended to end discussion, but to continue it. Sincerely, John Engen Mayor cc: Jim Nugent, City Attorney Marty Rehbein, City Clerk Bruce Bender, Chief Administrative Officer Ginny Merriam, Communications Officer Mark Muir, Chief of Police Michael Painter, Fire Chief