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Albany County approves participation in national Purdue opioid settlement
Summary
The Albany County Board of Commissioners voted to join the national settlement with Purdue Pharma and authorized the county attorney to sign, while discussing limits on the county's future legal actions and the mechanics of state distribution.
Albany County commissioners voted to approve an opioid settlement agreement with Purdue Pharma and authorized the county attorney to sign the document. The agreement was presented during the meeting as a national settlement that will ultimately flow money through the state to local governments.
Commissioner Jerry moved to approve the agreement and direct County Attorney Kurt Britzius to sign; the motion carried unanimously. Commissioner Jerry noted the county will receive an unspecified percentage of the settlement and that the county's share depends on the state allocation process.
The board discussed legal limits contained in the agreement. Commissioner Terry asked whether the county could assist individual residents pursuing claims against Purdue Pharma, citing a clause (K.2) that the county counsel read aloud. Jennifer (county staff) explained the clause "absolutely, unconditionally, and irrevocably covenants not to bring, file or claim" releases the county as a party to certain claims related to shareholders or transferred property, and that the county would be unable to initiate a claim against Purdue under this agreement. Kurt Britzius (County Attorney) confirmed the release binds the county but does not limit private citizens from pursuing their own lawsuits: "This only binds the governmental entities. This is just the county as an entity."
Commissioners asked about the possibility the settlement could be overturned or revised by courts. Jennifer said the county is a participant in the national settlement as presented and would receive funds according to the final plan; if the national plan is changed, the county's participation would be limited to that specific plan.
Commissioner Terry pressed whether the county would ever want to pursue separate litigation outside the agreement; staff said the county has no present intention to do so and the county typically relies on state and national settlement processes for opioid recoveries. The board approved the motion.
The agreement will be routed to the County Attorney for signature and the county will await the state's allocation to determine the amount and timing of funds.
