DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Authorization Of County Staff To Execute All Necessary Documents To Ensure County Participation In Multistate Settlements Relating To Opioid Manufactures And Pharmacies, And Amendment Of Minnesota Opioids State-Subdivision Memorandum Of Agreement
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PURPOSE/ACTION REQUESTED
Hold a closed executive session.
SUMMARY
The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.
RECOMMENDATION
recommendation
The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of February 7, 2023, to discuss the following:
• the legal strategy for participating in the settlements with Teva Pharmaceutical Industries Ltd, Allergan Finance, LLC and Allergan Limited, CVS Health Corporation and CVS Pharmacy, Inc., Walgreen Co., and Walmart Inc.
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EXPLANATION OF FISCAL/FTE IMPACTS
Fiscal impact will be discussed in closed session.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the State of Minnesota and numerous Minnesota cities and counties, including Dakota County, are engaged in nationwide civil litigation against manufacturers and distributors of prescription opioids related to the opioid crisis; and
WHEREAS, the Minnesota Attorney General has signed on to multistate settlement agreements with opioid manufacturers Teva Pharmaceutical Industries Ltd, Allergan Finance, LLC and Allergan Limited and several pharmacies, CVS Health Corporation and CVS Pharmacy, Inc., Walgreen Co., and Walmart Inc. (“Settling Defendants”), but those settlement agreements are still subject to sign-on by local governments and final agreement by the companies and approval by the courts; and
WHEREAS, there is a deadline of April 18, 2023, for a sufficient threshold of Minnesota cities and counties to sign on to the above-referenced multistate settlement agreements, and failure to timely sign on may diminish the amount of funds received by not only that Dakota County but by all Minnesota cities and counties from the settlement funds; and
WHEREAS, certain Minnesota local governments, including Dakota County, and the State of Minnesota execute the Minnesota Opioids State-Subdivision Memorandum of Agreement for the intrastate allocation of certain settlement and bankruptcy funds between the State and the counties and cities, as well as the permissible uses of these funds (the “State-Subdivision Agreement”); and
WHEREAS, the State-Subdivision Agreement needs to be amended to include the proposed settlements with the Settling Defendants.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby supports and agrees to amend the State-Subdivision Agreement; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby supports and opts into the multistate settlements with Teva Pharmaceutical Industries Ltd, Allergan Finance, LLC and Allergan Limited, CVS Health Corporation and CVS Pharmacy, Inc., Walgreen Co., and Walmart Inc.; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners authorizes County staff to execute all necessary documents to ensure County participation in the proposed multistate settlements, including Participation Agreements and accompanying Releases, and in the amendment of the State-Subdivision Agreement, subject to approval by the County Attorney’s Office as to form.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: None.
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☐ Inform and Listen ☐ Discuss ☐ Involve ☒ N/A
CONTACT
Department Head: Matt Smith
Author: Jeni Reynolds