ANKENY CITY COUNCIL

City Council Agenda

March 20, 2023
5 : 30 PM

Mark Holm, Mayor
Bobbi Bentz, Mayor Pro tem

Council Members: Jeff Perry, Joe Ruddy, Todd Shafer, Kelly Stearns
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ORIGINATING DEPARTMENT: COUNCIL GOAL:
City Manager Exercise Financial Discipline
ACTION REQUESTED:
Resolution
LEGAL:
Item Reviewed by Legal Counsel
SUBJECT:
Consider a motion to adopt RESOLUTION authorizing and directing the City Manager and legal counsel to execute required documents for the City of Ankeny to opt in to a nationwide opioid litigation settlement.
EXECUTIVE SUMMARY:

In 2021, the City of Ankeny received notice that Iowa opted to participate in the nationwide settlement of all opioid litigation brought by states and local political subdivisions against the three largest distributors of pharmaceuticals (McKesson, Cardinal Health, and AmerisourceBergen) as well as one manufacturer (Janssen Pharmaceuticals, Inc.) and its parent company (Johnson & Johnson). At that time, the City Council authorized and directed staff and legal counsel to execute required documents in order for the city to opt-in to that nationwide opioid litigation settlement.

 

Now, there is a proposed nationwide settlement agreement that has been reached against two pharmaceutical manufacturers, Teva and Allergan, and three pharmacies, CVS, Walgreens, and Walmart. Settlements total over $20 billion, with approximately $17 billion to be used by participating states and cities to remediate and abate the impacts of the opioid crisis.

 

City staff’s recommendation is that Ankeny opt-in to the nationwide opioid settlement, and the City Council authorize the City Manager as the designated representative for Ankeny. Thereby, the City Manager’s Office would receive communications, complete the registration process, and execute documents on behalf of the city related to the settlements. The registration process must be completed no later than April 18, 2023.

 

For the opt-in, the necessary documents and instructions for next steps will come from the Iowa Attorney General. The opt-in does not guarantee eligibility or particular payout directly to Ankeny. More information regarding specific allocations will be available on an ongoing basis as agreements are reached and the numbers of participants are finalized.

 

The City Council will be kept up to date with regard to the settlement process, potential award for the City of Ankeny, and any subsequent actions required on behalf of the City Council.

FISCAL IMPACT: No
This item does not carry a direct financial impact to the operating budget for the City of Ankeny, however approval of this item will result in additional funding to be directed to the State of Iowa for use within Polk County as a result of Ankeny's participation.
CITY MANAGER'S RECOMMENDATIONS:
Motion to adopt the attached Resolution authorizing and directing the City Manager and legal counsel to execute required documents for the City of Ankeny to opt in to a nationwide opioid litigation settlement. 
PREVIOUS COUNCIL/COMMISSION/BOARD ACTION(S):
At the meeting on Dec. 20, 2021, the City Council approved a motion authorizing and directing staff and legal counsel to execute required documents for the City of Ankeny to opt-in to participate in the nationwide opioid litigation settlement.
PUBLIC OUTREACH EFFORTS:
ACTION REQUESTED:
ADDITIONAL INFORMATION:
ATTACHMENTS:
Click to download
Resolution - Opioid Settlement Opt-In
Participation Form - Allergan
Participation Form -CVS
Participation Form - Teva
Participation Form - Walgreens
Participation Form - Walmart