HomeMy WebLinkAboutRES 439 Draft 01 2020-2022 v�tY ac y,�
Y A `I $_ HAWAII
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII,THE
COUNTY OF KAUAI,THE COUNTY OF MAUI,AND THE CITY AND COUNTY OF
HONOLULU REGARDING DISTRIBUTION OF ANTICIPATED SETTLEMENT
PROCEEDS FROM THE OPIOID LITIGATION.
WHEREAS, Hawaii 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 Hawaii filed a lawsuit against various manufacturers and
distributors of opioids; and
WHEREAS, the County of Hawaii 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 Hawaii and all counties, including the County of Hawaii 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 HAWAII that in
accordance with Hawaii Revised Statutes Section 46-7,the Mayor of the County of Hawaii is
authorized to execute, on behalf of the County, an intergovernmental agreement with the State of
Hawaii, the County of Kauai,the County of Maui, and the City and County of Honolulu that
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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 Hawai`i,the County of Kaua`i,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 Kona , Hawai`i,this 15th day of June , 2022 .
INTRODUCED BY:
COUNCIL MEMBER' SOUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on June 15 2022 KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
KIMBALL X
ATTEST: LEE LOY X
RICHARDS X
VILLEGAS X
- "` 9 0 0 0
�T�I i Reference: C-839/Waived FC
01111111141V---
CO Y LERK — ' 'ERSON&P' ' ICE' RESOLUTION NO. 439 22
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