Saturday, November 18, 2006

Express Scripts Files Suit Against City

By Phyllis Schaltenbrand

On November 7, 2006 in St. Charles County Circuit Court Express Scripts, Inc. filed suit against the City of St. Charles.

In their suit, Express Scripts alleges that on or about June 22, 2004, Express Scripts and Defendant City entered into a written contract entitled “Prescription Drug Program Agreement” and that they have fully performed all of their obligation to the City in accordance with the term and conditions of the Agreement. The Agreement was for a period of three years from June 22, 2004 until June 22, 2007. The City purported termination of the Agreement effective January 31, 2005 and that this was a material breach and has caused Express Scripts to incur damages for which the City is liable. In their suit Express Scripts alleges damages in excess of $25,000.

This matter relates to a contract that Mayor York signed with Express Scripts without City Council approval and in violation of the City Charter and Ordinances. The matter was being investigated by the City Council until a number of Council members refused to issue subpoenas to obtain the information.

The First Capitol News has learned that in October a Federal Grand Jury Subpoena was served on the City demanding records involving this transaction. (see related story on page one of this edition)

In an executive session, Tuesday evening, the City Council approved funding to hire a special attorney to defend the City in this suit.
Prior to filing suit Express Scripts had made written demand on the City for $200,000 in damages.

For additional information regarding the illegal signing of the contract with Express Scripts by the Mayor please see our archives at;
(Illegal Contract Draws Fire, February 5, 2005; By 10-0 Vote City Council Initiates An Investigation Into The Unauthorized Signing of Insurance Contract By Mayor, February 26, 2005; Unauthorized Signing Of Contract By Mayor Could result In Her Impeachment, Council To Hold Hearings Subpoena Witnesses, March 19, 2005; Mayor Attempts To Mislead Residents, April 9, 2005; Hearing Regarding Mayor’s Alleged Illegal Signing of Contract Will Be Held May 4th at 6pm, April 30, 2005; Kneemiller, Reese, Weller Refuse To Vote For Subpoenas In Hearing On Alleged Illegal Signing Of Contract By Mayor York, May 7, 2005; Express Scripts Demands $200,000 from City - Mayor York Signed Contract Without Council Approval, May 13, 2006; all can be found at