HomeMy WebLinkAbout03-28-2022 Health & Public Safety (Signed)PEACE
HEALTH & PUBLIC SAFETY MARCH 28, 2022,3:30 P.M.
Committee Members Present:
Committee Members Absent:
Other Council Present:
Other Council Absent:Rachel Tomas Morgan
Others Present:
Presenters:
Agenda:
Bill No. 22-16
Dawn Jones, Bianca Tirado, Victoria Trujillo, Bob Palmer
Aladean de Rose, Jay Lewis
City Clerk Jones roll called the council with four members present.
Aladean de Rose City Attorney, offices on the 12th floor, Outside Counsel Jay Lewis, Law Firm
THK 212 E. LaSalle South Bend,
Bill No. 22-16 Resolution to Opt Back-in to the State of
Indiana’s Opioid Litigation Settlement
Sheila Niezgodski, Eli Wax, Troy Warner,
Henry Davis Jr.
Rachel Tomas Morgan
Sharon L. McBride, Karen L. White, Canneth Lee, Lori
K. Hamann
Aladean De Rose, reminded the council that the city was looking for a recommendation to opt
out the states, then litigation settlement plan for the opioid litigation. The State chose not to
involve and engage the cites over the last year in settlement proceedings. The State now has
chosen a fairer and more equitable plan. March 10th, 2022, the house enrolled Bill 1193 A which
proved a fifty-fifty (50/50) split in the opioid settlement proceeds that the State would recover.
Fifteen (15) percent of fifty percent (50%) that goes to both the State and local government will
be used on unrestrictedly and that can be used to pay for past harm. It can be used as the city
deems appropriate. Seventy percent (70%) of what the state receives out of its 50% and 70% of
what municipalities like South Bend would receive out of their share is four programs. That are
for treatment, prevention and care based on best practices, the distribution of monies to the
individual cities, towns and counties within the state is now based on a harm approach, harm
approximation formula that takes into effect three different factors. One is the amount of opioid
distributed within a community to is the number of opioid deaths that occurred within that
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W. Jefferson Bvld South Bend. Indiana 46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 www.southbendin.gov
f 1tai rMPEACE
Office of the City Clerk
Dawn M. Jones, City Clerk
Committee Chair Eli Wax called to order the Health & Public Safety meeting at 3:30 p.m.
Full audio dialogue of the meeting is available upon request from the City Clerk’s Office.
CITY OF SOUTH BEND OFFICE OF THE CLERK
Committee Chair Wax ask for additional questions from the committee members
Councilman Lee responds with what other agencies are we paying to distribute the funds once
they are in South Bend.
City Attorney de Rose says the city doesn’t have that information yet. However that national
litigation has put together a list of generic programs to assist treatment, prevention and programs.
City outside counsel Jay Lewis responds that the settlement from the major 3 defendants will
flow to South Bend. The big two settlements will go towards the city. Seventy percent of the
money will go towards treatment and prevention. This does not include Pharma money. When it
is ready to flow then it will flow. There are other defendants that there is no settlement for as of
yet. If the state negotiates the settlement with other big companies as a national settlement, then
the money will flow with the same mechanism.
Councilman Lee clarifies that once the settlement is done that it is used for educational purpose
and others that have been affected by the opioid crisis. He wants to know what the ideal amount
will be to support the mentioned program
Committee Chair Wax asks for any additional information to clarify percentage allocation in
regards to the distribution from the state and local portion.
City Attorney de Rose continues that fees will come out of the is distribution at 8.7% (eight point
seven percent) and 8.7% (eight point seven percent) will come out of the national fund if set up.
community. And three, the number of persons that suffer opioid use disorder and maybe we'll go
back to the beginning of what is the opioid epidemic that affected South Bend in the entire state
and that is that in between the years of around the 1990s through mid through the mid-2015,
large manufactured were marketing very aggressively opioid based medication as treatment for
pain.
City outside counsel Jay Lewis responds that fifteen percent (15) of the overall funds are
restricted. Thirty percent (30%) of the money will be unrestricted and seventy percent (70%) is
restricted to specific uses.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W. Jefferson Bvld South Bend. Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov
City Attorney de Rose reminds the council to opt South Bend back in to receive the portion of
the State’s negotiate on behalf of the entire state. Once the city opts back in then they can’t opt
out. The city of Indianapolis will be the primary beneficiary in terms of dollars from the
recovery due to its size and actual harm. The cities of Bloomington, Fishers, Fort Wayne,
Hammond, Kokomo and Lafayette opted back in. St. Joseph County has opted back in.
The first distribution will happen around April 27, 2022. One will involve about 2.6 million over
a period of eighteen (18) years. The other is at 2.793 million to be exact, and the other six
hundred and fifty-five thousand ($655,000.00) roughly, and a second litigation and that span
over eight (8) years.
CITY OF SOUTH BEND OFFICE OF THE CLERK
Committee Member Warner, seconds
Committee Chair Wax requests roll call from Clerk Jones
Respectfully Submitted,
Eli Wax, Committee Chair
Clerk Jones commences roll call in favor of Bill No. 22-16 with 4 ayes.
Committee Chair Wax motions to passes to the Bill No. 22-16 to the full council with a full
favorable recommendation. This concludes the portion of the agenda for Health and Public
Safety; Adjourn the meeting.
Committee Chair Wax states that the bill will be moved to the public and any non-committee
members.
Clerk Jones responds with no virtual public wishing to speak.
Committee Chair Wax states that the public portion has closed and asking for any additional
committee comments.
Vice Committee Chair White motions for the Bill No. 22-16 the resolution be sent to the full
council with favorable recommendation.
The list can be sent to the council. The State will be doing their own programs that South Bend
can use. The city has to use best practices when creating programs from the settlement.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building . 227 W. Jefferson Bvld South Bend. Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov