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Marquette County delegates authority to administrator for opioid settlement agreements
Summary
The Marquette County Board on July 15 delegated to the county administrator the authority to enter settlement agreements with opioid defendants recommended by the Plaintiffs’ Executive Committee and county counsel, directing proceeds into an opioid abatement account and establishing an attorney‑fees escrow of up to 20%.
The Marquette County Board of Supervisors on July 15 voted to delegate authority to the County Administrator to execute settlement agreements with opioid litigation defendants, provided any settlement is recommended by the Plaintiffs’ Executive Committee (PEC) and the county’s outside counsel.
The board approved Resolution No. 43‑2025 by roll call: Ayes 14, Noes 0, Absent 3. The resolution authorizes the administrator to sign settlement documents and related paperwork so long as the PEC and the law firms leading the county’s case recommend the terms and the county’s allocated share aligns with an attached allocation schedule (Addendum Two).
The resolution cites the coordinated multidistrict litigation In re: Opioid Litigation, MDL No. 2804, and Wisconsin’s 2021 Act 57 (Wis. Stat. §165.12), which requires Joint Committee on Finance approval for settlements and prescribes a 70% local / 30% state split of settlement proceeds. Under the adopted language, all proceeds not designated for attorney fees will be deposited into a county Opioid Abatement Account to be administered consistent with state statute and the applicable settlement agreement. The county also will establish an Attorney Fees Account to hold up to 20% of the county’s proceeds for payment of fees, costs, and disbursements owed to engaged law firms, subject to the limits of fee agreements.
Before executing any settlement agreement, the County Administrator must notify Corporation Counsel, the Executive & Finance Committee, and the full County Board of the proposed settlement and its terms, the resolution says.
The resolution was introduced by Ken Borzick and Kathleen McGwin. The minutes identify the law firms participating in the engagement agreement as von Briesen & Roper, s.c., Crueger Dickinson LLC, and Simmons Hanly Conroy LLP and note the firms’ participation on the PEC and in settlement discussions. The measure is intended to allow the county to accept timely settlement opportunities that may arise between scheduled board meetings.
Next steps: any settlement accepted by the administrator under this authority will still be subject to the statutory process described in Wis. Stat. §165.12 and any required approvals noted in the resolution.
