03-28-2022 Agenda Packet - Laserfiche WebLink

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Sharon McBride March 23 ,2022 Page 2 Ind. Gode §4-6-15-2(f). The new law struck this provision,so that local governments are now entitled to participate in all future opioid settlements to which the State is a party. This is significant, given that the Gity's current lawsuit includes a long list of defendants (such as retailers CVS Health, Kroger,Meijer,Wal-Mart,and Walgreens) and the City has claims in bankruptcy proceedings filed by Purdue Pharma and Mallinckrodt. The new law ensures that South Bend will benefit from any national settlement agreement the State negotiates involving any of these entities, or any other opioid defendant. The dollar sum distributable to local governments is no longer based on that entity's per capita population,but rather, is calculated upon"a weighted distribution formula." Ind. Code §4-6-15-4 (a) 2).We understand this formula involves historical data of reported opioid use disorders,overdose deaths,and amounts of opioids distributed within each local government's boundaries. Current law extends the opt-back-in deadline from September 30,2021 to July 15,2022. However, early opt-back-in is in the City's best interest because around April 27,2022 the first of about 18 installments of annual proceeds from the Distributor Settlement become distributable. I will present this resolution to the Council at its appropriate Committee meeting and at the regular Council meeting.Attorney James (Jay) Lewis,with the law firm THK Law(formerly Tuesley Hall Konopa),the City's outside counsel in this matter,may accompany me. Thank you for your consideration of this matter. Sincerely, CAI Aladean DeRose City Attorney cc:Kacey Gergely Sandra Kennedy James M.Lewis 2