Hancock Commission to seek outside legal advice on opioid fund distribution

NEW CUMBERLAND - Hancock County commissioners will seek outside legal counsel to advise them in relation to the distribution of the county’s allotment of opioid settlement funds, in particular concerning one of its selected recipients.

Commissioners convened in a special meeting Friday morning, where the agenda included a "consideration to hire outside legal counsel for contract consultation."

"This was put on by Eron," noted Commissioner Paul Cowey, referring to Commission President Eron Chek, who joined the meeting midway through discussion on the agenda item.

The proposal was approved 2-1, with Commissioner Tommy Ogden voting against.

County Administrator John Klee claimed he had no additional information on the request, but Cowey and Ogden both said they believed it was connected to a previous agreement to provide up to $500,000 from the opioid settlement funds to Family Care Ministries for the construction of a new male residential facility.

Ogden expressed concern as to why the county would seek an outside legal representation, when it has access to the County Prosecutor’s Office, making particular reference to the abilities and representation of Assistant Prosecutor Mike Lucas.

"I can’t think of anyone better to do this, who has protected us and given the guidance that Mike has given," Ogden said. "So, I’m going to be against this."

He also asked what funding source would be used for the expense - whether it would be derived from the opioid settlement funds themselves or the county’s general fund - noting he believes the costs could easily amount to between $15,000 and $20,000.

While providing no details on the area of concern which would lead the commission to seek outside counsel, Chek indicated she felt it would be best to have someone with knowledge on the use of opioid funds for multiple counties.

"We’re seeking someone with a little more experience in the area," Chek said. "None of us are experts in this. This is a new situation. This is not an insult or a slight, or intended that way."

Cowey confirmed the thought was a way to get different ideas on the issue, also without offering any clarification on potential concerns.

Lucas, though, said he was confused by such a comment if the proposal was truly about the Family Care Ministries building project.

"We’ve done numerous RFP’s, including construction projects, in the past," Lucas said. "It doesn’t make any sense. That’s something I would take issue with, but you’re the commission and you can do what you wish."

Lucas also noted if the commission does hire outside counsel for the project, the County Prosecutor’s Office cannot be involved with it in any way.

Following the meeting, commissioners said they had not determined a process for hiring outside counsel, with Cowey mentioning the potential of reaching out to the County Commissioners Association of West Virginia for a recommendation.

Ogden also said he had been considering a possible amendment to the plans with Family Care Ministries to provide them with an allotment of between $80,000 and $100,000 of opioid funds, instead of the $500,000 total previously approved.

He said those funds could be used to bolster existing programs instead of building a new facility.

"I think it would be a good thing for both us and them," Ogden said.

In other business Friday, commissioners approved by 2-0 votes:

A proposal to advertise a Request for Quote on a truck to be used by the county’s Maintenance staff

The appointment of Cathy White and Caroll Rosenlieb to the Northern Panhandle HOME Consortium Council. Both are existing members whose terms were up.

The appointment of Michael White to the Hancock County Civil Service Board. The former county sheriff and county magistrate was the lone applicant.

(Howell can be contacted at chowell@weirtondailytimes.com)