2021-0306
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF LEGAL SERVICES)
RESOLUTION NO. __________
Title
A resolution authorizing the Parish of St. Charles (herein referred to as this “Governmental Unit”) to join with the State of Louisiana and other local governmental units as a participant in the LOUISIANA STATE-LOCAL GOVERNMENT OPIOID LITIGATION MEMORANDUM OF UNDERSTANDING (the “MOU”) and any subsequent Formal Agreements necessary to implement the MOU, including but not limited to, the Subdivision Settlement Participation Form(s) in Exhibit K of the Distributor Settlement Agreement and the Janssen Settlement Agreement available at https://nationalopioidsettlement.com/.
Body
WHEREAS, the Parish of St. Charles has suffered harm from the opioid epidemic; and,
WHEREAS, the Parish of St. Charles recognizes that the entire State of Louisiana has suffered harm as a result of the opioid epidemic; and,
WHEREAS, the State of Louisiana has a pending action in state court, and a number of Louisiana cities and parishes have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) and the Parish of St. Charles is a litigating participant in that action; and,
WHEREAS, the State of Louisiana and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; and,
WHEREAS, the Louisiana Memorandum of Understanding (the “MOU”) sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the MOU will be entered into at a future date; and,
WHEREAS, the participation in the MOU by a large majority of Louisiana cities and parishes will materially increase the amount of funds to Louisiana and should improve Louisiana’s relative bargaining position during additional settlement negotiations; and,
WHEREAS, failure to participate in the MOU will reduce funds available to the State, the Parish of St. Charles, and every other Louisiana city and parish.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That this Governmental Unit finds that participation in the MOU would be in the best interest of the Governmental Unit and its citizens in that such plan ensures that almost all the settlement funds go to abate and resolve the opioid epidemic and each and every city and parish receives funds for the harm that it has suffered.
SECTION II. That this Governmental Unit hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the MOU, attached hereto as Exhibit “A”.
SECTION III. That Stephen M. Gele’ and/or Scott Sternberg are hereby expressly authorized to execute the MOU in substantially the form contained in Exhibit “A”.
SECTION IV. That Parish President Matthew Jewell is hereby authorized to execute any formal agreements implementing a unified plan for the allocation and use of opioid settlement proceeds that is not substantially inconsistent with the MOU and this Resolution, including, but not limited to, the Subdivision Settlement Participation Form(s) in the Distributor Settlement Agreement and the Janssen Settlement Agreement.
SECTION V. That the Council Secretary be and hereby is instructed to record this Resolution in the appropriate record book upon its adoption.
SECTION VI. The Council Secretary is hereby directed to furnish a certified copy of this Resolution to Attorney General Jeff Landry, c/o Bill Stiles, Post Office Box 94005, Baton Rouge, Louisiana, 70804.
SECTION VII. This Resolution shall take effect immediately upon its adoption.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Senator William “Bill” Cassidy, Senator John Kennedy, Representative Troy A. Carter, Representative Garret Graves, Senator Gary L. Smith, Jr., Senator Edward “Ed” Price, Representative Gregory A. Miller, Representative Randal L. Gaines, and the U. S. Postal Service Administrative Division requesting their support in this endeavor.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
And the resolution was declared adopted this day of , 2021, to become effective immediately upon adoption.
CHAIRMAN:
SECRETARY:
DLVD/PARISH PRESIDENT:
APPROVED: DISAPPROVED:
PARISH PRESIDENT:
RETD/SECRETARY:
AT: RECD BY: