Hancock commissioners hire outside counsel for opioid funding agreement
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NEW CUMBERLAND -- One week after deciding to seek outside counsel to represent Hancock County in negotiations over the distribution of a portion of the county's opioid funding, county commissioners have selected a law firm.
Commissioners, meeting in regular session Friday morning, agreed by a 2-1 vote to hire the law firm Tucker Arensberg in connection with developing an agreement for the distribution of opioid funding to Family Care Ministries, a faith-based treatment program operating in Chester.
Family Care Ministries had requested support for construction of a new male residential facility. The commission previously agreed to provide the organization with $500,000 from its opioid settlement fund for the project.
Commissioner Tommy Ogden, who was the lone vote against both the funding and hiring outside counsel, emphasized that while he supports the work of Family Care Ministries, he has concerns about the project itself and the use of public funds to hire another attorney while the county already is represented by the Hancock County Prosecuting Attorney's Office.
In particular, Assistant Prosecutor Mike Lucas has been working on agreements with other recipients of opioid funds.
"I think Mike’s reservations to this project, which I have shared from the beginning, is the long-term financial viability," Ogden said, noting he feels it would be more appropriate to provide Family Care with funds in support of its programs rather than construction of a new building.
Lucas said his responsibility is to make sure the commission, the county and its residents are protected in any use of public funds. He said he is not trying to stop or sabotage the project.
"My job is not to try and stop the project or anything like that. You have the right to pursue this project," Lucas said. "I’m simply trying to put up the necessary guardrails and make sure the necessary checkpoints, and mile markers are being done, and the county is insulated in case things go south years from now when, maybe, none of us are here."
Commission President Eron Chek, as she did during the commission's Aug. 7 special meeting, said the decision to seek another legal opinion is not a slight against Lucas or his work but is intended to ensure opioid funds are spent responsibly.
"The concerns that you’ve brought up really reinforce the impact of those dollars to the public; the difference that it can make," she said, emphasizing she feels getting a second opinion is part of doing due diligence. "I think that is the best thing for the public."
Lucas, however, said he does not believe there has been enough discussion or communication between the commission and staff regarding the matter, including the hiring of outside counsel.
"I think that leads to certain assumptions or jumping to conclusions. I’ll leave it at that," Lucas said.
When commissioners voted Aug. 7 to pursue outside representation, they indicated they had not determined a process for hiring outside counsel. There was a suggestion to contact the County Commissioners Association of West Virginia to find someone with experience in contract negotiations for municipal or county governments.
Tucker Arensberg is headquartered in Pittsburgh and has offices in Pennsylvania, Ohio, West Virginia, New York and California. Chek and Commissioner Paul Cowey said they believe the firm has the experience the county is seeking.
Chek specifically mentioned potential representation by Wendy E. Greve, an attorney with the firm who is based in Charleston.
"She has extensive experience in government contracts," Chek said. "Her job is to make sure that she considers all aspects and all rules around how public spending happens."
According to Greve's biography on the firm's website, she is an experienced litigator and adviser whose practice includes representing and advising state and municipal entities, law enforcement agencies and elected officials in litigation and governance matters. Her work also includes risk management, internal investigations and legal compliance for government clients.
Chek noted Greve also has performed work for the County Commissioners Association of West Virginia and the West Virginia Association of Counties.
Cowey pointed out that it was not the first time the county has used outside legal representation, referring to issues in previous years involving the Board of Equalization and the county Assessor's Office.