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HomeMy WebLinkAboutRES 439 Draft 01 2020-2022A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAIʻI, THE COUNTY OF KAUAʻI, THE COUNTY OF MAUI, AND THE CITY AND COUNTY OF HONOLULU REGARDING DISTRIBUTION OF ANTICIPATED SETTLEMENT PROCEEDS FROM THE OPIOID LITIGATION. WHEREAS, Hawaiʻi Revised Statutes Section 46-7 requires that County departments obtain the consent of the Council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; and WHEREAS, the County of Hawai‘i filed a lawsuit against various manufacturers and distributors of opioids; and WHEREAS, the County of Hawaiʻi lawsuit was consolidated into In re: National Prescription Opiate Litigation, MDL 2804, in the United States District Court for the Northern District of Ohio to, in part, facilitate a nationwide settlement of claims; and WHEREAS, a national settlement was reached with Johnson & Johnson, and its affiliates in In re: National Prescription Opiate Litigation, MDL 2804 pending in the United States District Court for the Northern District of Ohio (“National Settlement”); and WHEREAS, the National Settlement apportions approximately $22.8 billion among the various states and subdivisions over a period of eighteen (18) years for specified purposes related to opioid abatement; and WHEREAS, the State of Hawai‘i and all counties, including the County of Hawai‘i have consented to the National Settlement which will be approved by the court if a sufficient number of jurisdictions approve the National Settlement; and WHEREAS, the National Settlement payouts are greater if States and their municipalities approve the National Settlement and further incentives will be distributed if States and their municipalities enter into State-Subdivision Agreements for the administration and distribution of settlement funds; and WHEREAS, the County’s opioid lawsuit also named Purdue Pharma and its affiliates; and WHEREAS, Purdue Pharma filed for Chapter 11 Bankruptcy in the United States Bankruptcy Court, Southern District of New York, in part to facilitate settlement opioid lawsuits; and WHEREAS, a proposed settlement has been made in the Purdue Pharma bankruptcy (“Bankruptcy Resolution”). The Bankruptcy Resolution is subject to there being a sufficient number of jurisdictions approving the settlement and final approval by the bankruptcy judge; and WHEREAS, the Bankruptcy Resolution payouts are greater if individual States and their municipalities approve the Bankruptcy Resolution, and further incentives will be distributed if States and their municipalities enter into a Statewide Abatement for the administration and distribution of settlement funds; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that in accordance with Hawaiʻi Revised Statutes Section 46-7, the Mayor of the County of Hawaiʻi is authorized to execute, on behalf of the County, an intergovernmental agreement with the State of Hawaiʻi, the County of Kauaʻi, the County of Maui, and the City and County of Honolulu that will constitute a State-Subdivision Agreement and Statewide Abatement Agreement; and BE IT FURTHER RESOLVED that the intergovernmental agreement (Memorandum of Agreement) with the State of Hawaiʻi, the County of Kauaʻi, the County of Maui, and the City & County of Honolulu, is hereby consented to and approved; and BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Director of Finance, Mayor Mitchell D. Roth, and Corporation Counsel. Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I COUNTY COUNCIL County of Hawai‘i Hilo, Hawai‘i ROLL CALL VOTE    AYES NOES ABS EX   CHUNG       DAVID       I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai‘i on _____________________________________. INABA       KANEALI‘I-KLEINFELDER       KIERKIEWICZ       KIMBALL      ATTEST: LEE LOY       RICHARDS       VILLEGAS              Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.