The purpose of this agenda item is twofold. First, it is to establish a claim against The Kroger Co. related to a settlement proposal to pay 1.2 billion to states and local governments in the states where it does business to resolve the opioid claims against them. Florida subdivisions are only eligible to participate in the settlement if the Attorney General agrees to participate in the settlement. As of this writing, the Florida Attorney General has opted out of the settlement and has indicated that Florida will not participate. However, the Florida Attorney General could change her mind and therefore I believe that it is prudent to go forward with the execution of a Participation Agreement to preserve the city’s right to participate in the Kroger settlement if she does change her mind.
Secondly, the agenda item is requesting for you to consider authorizing me to serve on your behalf on all matters requiring a decision on the city’s opioid claims and litigation. The reason that this authority is being requested relates to the fact that outside counsel recommends action requiring a decision on the city’s opioid claims and the expectation for a response is very quick. The types of decisions that are regularly requested involve: approving the city’s participation in a claim, dropping or adding defendants, compromising, dismissing or adding any claims. Incidentally, if you approve this agenda item decisions will be reviewed with the City’s outside counsel and the city attorney in advance in advance of being formally communicated.