CHARLESTON – The Kanawha County Commission is wanting to know when it will receive its share of opioid settlement money.
“On a daily basis, the citizens of Kanawha County continue to be ravaged by the scourge of the opioid epidemic,” an April 25 letter from the three-member commission states. “Abatement is nothing but a concept until we receive the funds to address this crisis. Our position should surprise no one.”
In that letter, the commission said it is actively working on determining the manner in which it will allocate its opioid funds in accordance with the West Virginia First Memorandum of Understanding.
W. Kent Carper
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The letter was addressed to attorneys Paul Farrell and Robert P. Fitzsimmons as well as West Virginia Attorney General Patrick Morrisey. It was signed by Commission President W. Kent Carper and Commissioners Ben Salango and Lance Wheeler. Both Carper and Salango are attorneys.
“It is our understanding that currently over $330 million has been paid to date into the West Virginia Opioid Settlement Fund,” the letter states. “As lead counsel and coordinating counsel, please advise on the status of the distribution of the local government share.
“If necessary, we respectfully request that, as lead counsel and coordinating counsel, you file such pleadings to expedite the payment of the local government share.”
In a May 10 response, Morrisey said the money received is being held in qualified settlement accounts, and the funds will be distributed according to the guidelines of the West Virginia First Memorandum of Understanding. He explained that process earlier this month to The West Virginia Record.
In the letter, Morrisey again said two items need to be finalized. One is any disputes between local governments as to the allocation of funds between counties and cities. He said there is one such issue remaining, and he said it will be resolved soon.
The other issue is the court determining attorney fees that will be paid out of the settlements.
“What that amount ultimately is, and whether it is to be paid upfront or over time, will greatly impact the amount of funds available to be distributed,” Morrisey wrote. “Rest assured that all involved are working toward a resolution of these issues so that funds can begin to be disbursed and the Kanawha County Commission, as well as all other local governments, can begin the vital task of putting the settlement money to use combating this awful scourge.”
Morrisey said the recent settlement with Kroger likely means the opioid litigation is at an end, and he hopes the court will resolve the fees and costs issue within the month.
The commission also had requested an update on the status of the creation of the West Virginia First Foundation. In his response, Morrisey provided that update as well.
He said the formation documents are finalized and have been sent to the legal representatives of the counties and cities for final review. He also said passage of Senate Bill 674, Gov. Jim Justice and the state’s six regions set up in the agreement must soon take the necessary steps to make their respective selections for board members.
Morrisey also said his office is in the process of engaging a search firm to assist in locating and selecting a qualified candidate to serve as executive director of the foundation.
More details about the foundation can be found here.
John Mangalonzo, spokesman for the AG’s office, said the correspondence from the Kanawha County Commission is the only such letter the office has received about the opioid settlement money.