Siskiyou County supervisors authorize participation in opioid settlement and approve outside counsel for Elkins estate defense

The Siskiyou County Board of Supervisors reported on two actions taken in closed session on agenda items 2(b) and 2(c): authorizing county counsel to execute documents necessary for participation in a secondary manufacturers' opioid settlement, and approving outside defense counsel to represent the county in litigation titled Estate of Matthew Elkins v. County.

The actions were announced after a closed session that ran from 10:27 a.m. to 10:37 a.m. The board’s report identified the motion on the opioid settlement as moved by Supervisor Valenzuela and seconded by Supervisor Harris; the board carried the motion. The board also moved to authorize defense and representation in the Elkins matter, with the motion moved by Supervisor Valenzuela and seconded by Supervisor Houghton; that motion was carried by voice vote.

Why it matters: county participation in national opioid settlements can affect the distribution of settlement funds and the county’s release of related claims; authorization to hire outside counsel commits the county to a legal defense strategy and to associated costs if a contract is later executed.

Details of the opioid action: the board authorized county counsel to execute a participation form and "other agreements and documents needed to participate in the secondary manufacturer's opioid settlement," as reported. The motion was recorded as carried with Supervisors Hogan, Harris, Houghton and Valenzuela voting in the affirmative. The transcript record for Supervisor Cox's vote on the motion was unclear; the board report did not specify whether Cox voted no, abstained, or was absent.

Details of the Elkins litigation action: the report states the board authorized a defensive suit and representation by outside defense counsel, with the anticipated firms identified in the report as "Marie and Deaton" or "Porter Scott." The motion to authorize outside counsel was recorded as carried by a voice vote with Supervisors Hogan, Houghton, Valenzuela and Harris recorded as voting yes in the meeting report; the transcript's notation of Supervisor Cox's position on this item was unclear.

What was not said: the board report did not disclose the terms of the opioid settlement participation, any expected settlement amounts for Siskiyou County, the scope of claims released by participation, or the specific contract terms or fees for the outside counsel. The report also did not specify whether county counsel will sign the participation documents immediately or return to the board for authority to sign a finalized agreement.

The board adjourned at the end of the closed-session report.