A RESOLUTION

BY:
NO.
CONFIRMING THE CITY OF OAKWOOD’S ACCEPTANCE OF AND PARTICIPATION IN PROPOSED SETTLEMENT AGREEMENTS IN CONNECTION WITH ONGOING NATIONAL OPIOID LITIGATION.

WHEREAS, the city of Oakwood is a Local Government that has adopted The OneOhio Memorandum of Understanding (the “MOU”), which establishes a mechanism to disburse settlement proceeds from opioid litigation into Ohio’s communities to help abate the opioid crisis, including allocations to Local Governments and Regions through a statewide Foundation; and

WHEREAS, Council understands that an additional purpose of the MOU is to create an effective means of distributing any potential settlement funds obtained under the MOU between the State of Ohio and Local Governments in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Ohio, as well as to permit collaboration and potentially earlier resolution of the Opioid Litigation against Opioid Pharmaceutical Supply Chain Participants; and

WHEREAS, nothing in the MOU binds any party to a specific outcome, but rather, any resolution under the MOU requires acceptance by the State of Ohio and the Local Governments; and

WHEREAS settlement proposals have been presented to the State of Ohio and Local Governments by certain pharmacy defendants including CVS, Walgreens, and Walmart (collectively the “Settling Pharmacy Defendants”), and by certain manufacturer defendants including Teva and Allergan (collectively the “Settling Manufacturer Defendants”), that would resolve governmental entity claims involving these parties in the State of Ohio using the structure of the OneOhio MOU; and

WHEREAS, Ohio political subdivisions are required to opt in or out of these settlement proposals no later than April 18, 2023;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, THAT:

SECTION I.

Council hereby authorizes the City Manager to sign and submit, on the city’s behalf, a participation agreement and such other documents as may be necessary to ensure Oakwood’s participation in the above-described settlements with the Settling Pharmacy Defendants and the Settling Manufacturer Defendants, consistent with the provisions of The OneOhio Memorandum of Understanding.

SECTION II.

It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.

SECTION III.

This resolution shall take effect as of the day of its passage.

PASSED BY COUNCIL OF THE CITY OF OAKWOOD, this ___ day of _______________, 2023.

Mayor William D. Duncan
ATTEST:
Clerk of Council
TO THE CLERK:
No publication is required.
City Attorney Robert F. Jacques