CHARLESTON — More than 42 days past a deadline, Gov. Jim Justice appointed his five members to a board that will help determine how to distribute nearly $1 billion in opioid settlements to communities most affected by the substance use disorder crisis in West Virginia.

During his weekly administration briefing Monday afternoon from the Capitol, Justice announced the appointees to the 11-member West Virginia First Foundation: Jefferson County Prosecuting Attorney Matt Harvey representing Eastern Panhandle counties in region 2; former state Department of Homeland Security Jeff Sandy representing the Mid-Ohio Valley counties in region 3; Harrison County Superintendent of Schools Dora Stutler representing North Central West Virginia counties in region 4; attorney, philanthropist and Marshall University first lady Alys Smith representing parts of Southern West Virginia and the Kanawha-Putnam-Cabell area in region 5; and Raleigh County Commissioner Greg Duckworth representing the remaining Southern West Virginia counties in region 6.

“These folks are going to be on the board that’s going to be distributing the money from these major lawsuit settlements we have, so I’m sure they’ll do a great job,” Justice said. “Their primary job is to fight this terrible epidemic from the standpoint of all the opioid situation and make things better, and make things better all across the state.”

The new West Virginia First Foundation is a public-private organization responsible for distributing opioid settlement funds. The foundation would divide settlements from opioid manufacturers and distributors, with 24.5 percent going to cities and counties, 3 percent going to the Attorney General’s Office and 72.5 percent going to the West Virginia First Foundation.

Once funds from future settlements are distributed, the money can be used by cities and counties for developing programs for substance abuse avoidance, research and education; funding for law enforcement to combat the sale and distribution of drugs; and substance abuse treatment and recovery. All 55 counties and more than 220 cities and municipalities have signed on to the West Virginia First memorandum of understanding.

During the 2023 legislative session, lawmakers passed Senate Bill 674, recognizing the West Virginia First Foundation and establishing the 11-member governing board selection process. According to the articles of incorporation for the foundation filed with the West Virginia Secretary of State, board members needed to be appointed within 60 days of the foundation’s chartering, or by July 17.

The six multi-county regions appointed individual foundation members by a July 17 deadline: Mon Heath System Vice President of External Affairs Jonathan Board (region 4); Parkersburg Mayor Tom Joyce (region 3); State Health Officer Dr. Matthew Christiansen (region 5); Northwood Health Systems Medical Director Dr. Steven L. Corder (region 1); Dr. Michael “Tony” Kelly (region 6); and Berkeley County Community Corrections Director Timothy Czaja (region 2).

While the six regional representatives were chosen after public hearings were held in the counties with the largest populations, the governor was only limited in his five appointments to no more than one from each region. Justice’s appointments also are subject to the advice and consent of the Senate.

According to a spokesperson for the Attorney General’s Office, the 60-day July 17 deadline for board appointments only applied to the six elected board members, though the articles of incorporation make no distinction between the governor’s five appointees and the elected board members. The office also stressed an executive director for the foundation still needs to be hired and approved by the foundation board before any decisions on opioid settlement dollars can be made.

Delegate Mike Pushkin, D-Kanawha, is co-chairman of the West Virginia Democratic Party and minority chair of the House Health and Human Resources Committee. Pushkin has been critical of the delay in Justice’s foundation appointments.

In a social media post Monday, Pushkin also criticized the lack of any representatives of the recovery community on the board.

“It appears (Justice) put very little thought or concern into these important appointments,” Pushkin said. “Correct me if I’m wrong, but is there a single person from (the) recovery community on this board? Unfortunately, I see a lot of money thrown to cronies in the near future. Hope I’m wrong.”