Commissioners Approve Opioid Settlement Funds; Closed Session Meeting with Timpson Mayor, Constable

February 10, 2021 - The Shelby County Commissioners agreed to an opioid abatement fund council settlement funds in the amount of $109,925 during their meeting February 10, 2021.

Commissioners considered a resolution in support of State of Texas and Texas Political Subdivision’s Opioid Abatement Fund Council and Settlement Allocation term sheet.

The attorneys pursuing this claim have presented to the commissioners court in the past and Judge Harbison explained what the resolution is for and the resulting funds the county should receive.

"Shelby County's amount is $109,925," said Judge Harbison. "There are no strings on this money, it doesn't have to be used on any specific program or for any specific reason."

Roscoe McSwain, Commissioner Precinct 1, recalled the litigation as being something the county has been a part of for years and he asked why the county would not accept a settlement.

Judge Harbison stated there is no reason not to accept the settlement and it has been no cost to the county. She also stated accepting the settlement wouldn't negate any future potential litigation for the county on its own.

She remarked the cities of Center and Timpson would each be receiving some funding as a result of the opioid litigations and she shared with Smith what Timpson's part would be.

"You're going to be getting $12,642," said Judge Harbison.

Judge Harbison stated counties with hospitals would receive a larger settlement.

"Since we don't have a county hospital, we will not be getting a bigger settlement," said Harbison.

She offered the commissioners more time to consider, and have the attorneys attend the next commissioners' court meeting; however, Gary Rholes suggested the commissioners should move forward with approving the settlement.

"I know there was a lot of negotiation to get to this settlement and I would recommend you, we approve it and not make him come down here," said Rholes. "We don't want to hold up the deal, Shelby County doesn't want to hold up the deal."

A motion carried to approve the resolution for the settlement.

The commissioners considered a resolution in Opposition to Unfunded Mandates to present to the Texas Legislature.

"Texas Association of Counties always likes to get this to be sure a remind the legislators that please do not pass any bills that's going to cost us more money," said Judge Harbison. "We do this every two years."

Judge Harbison said she knew the commissioners had just returned from conference and would have been encouraged to approve such resolutions.

"Jim Allison (general counsel for the County Judges and Commissioners Association of Texas) spoke specifically about the legislative session that's going on now, and he specifically encouraged each commissioners court to adopt this resolution," said Commissioner Tom Bellmyer. "In addition to that he encouraged each elected official in the courthouse to adopt this resolution as that elected official."

A motion carried to approve the resolution in opposition to unfunded mandates.

During the meeting, the commissioners approved a resolution in support of the District Attorney testing of Forensic Evidence Grant.

At a previous meeting Karren Price, District Attorney, presented the commissioners with information on the grant. She explained it was a Forensic Evidence Reimbursement grant which would potentially alleviate cost to the county for autopsies, DNA and other forensic processes up to a total cost of $1,000,000.

"They need this grant to apply for monies," said Allison Harbison, County Judge. "It is just saying that if we don't use all the funds that they'll be returned. Any misuse, or loss of funds will be returned in full to the governor."

Judge Harbison is designated as the authorized official in relation to the grant.

A motion carried to approve the resolution in support of the District Attorney testing of Forensic Evidence Grant.

The commissioners entered into executive session toward the end of the meeting. In the closed session was Josh Tipton, Constable Precinct 5; Gary Rholes, County Attorney; and Debra Smith, Timpson Mayor.

Executive session lasted 50 minutes, while the open meeting only lasted 20 minutes, and when the commissioners returned to open session no action was taken. There also was no explanation why the Timpson mayor and Precinct 5 constable were engaged in talks with the commissioners.

"The executive session was a discussion item only, we made no decisions and at this point we're not making any decisions. It was just an information for the court," said Judge Harbison. "We all just had a good discussion and we cannot make any decisions on it at this time."

Agenda items approved during the meeting include:

1. Minutes of the January 4, 2021 Public meeting, January 6, 2021 Special meeting, January 13, 2021 Regular meeting, January 20, 2020 Special meeting, January 27, 2021 Special meeting, and January 27 Special meeting of the Shelby County Commissioner’s Court.
2. Pay weekly expenses.
3. Last week’s payroll. 
4. Officers reports.
5. Advertise for bids on road maintenance materials for Shelby County.
6. Record Racial Profiling Report for Shelby County Constable Pct. 4.
7. Resolution in support of District Attorney Testing of Forensic Evidence Grant.
8. Resolution supporting in its entirety the State of Texas and Texas Political Subdivision’s Opioid Abatement Fund Council and Settlement Allocation term sheet.
9. Resolution in Opposition to Unfunded Mandates to present to Texas Legislature.
10. Adjourn.