Hancock Commission approves firm to represent it in opioid funding contract
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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 relation to the development of an agreement for the distribution of opioid funding to Family Care Ministries, a faith-based treatment program operating in Chester, which had requested support for the 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 the funding, as well as hiring the outside counsel, emphasized that while he wasn't against the work of Family Care Ministries, he has concerns with 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, who has been working on agreements with other recipients of the 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 their programs than for construction of a new building.
Lucas noted his responsibility is to make sure the commission, the county, and its residents are protected in any use of public funds, explaining 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 proposal to seek another legal opinion isn't a slight against Lucas or his work, but helps to ensure the 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, though, said he doesn't believe there has been enough discussion or communication on the matter, including the hiring of outside counsel, between the commission and staff.
"I think that leads to certain assumptions or jumping to conclusions. I'll leave it at that," Lucas said.
When voting to pursue outside representation on Aug. 7, commissioners inferred they had not determined a process for the hiring of outside counsel, with a suggestion to reach out to the County Commissioners Association of West Virginia for someone with experience in matters of contract negotiations and municipal or county governments.
Through the hiring of Tucker Arensberg, a firm headquartered in Pittsburgh, but with offices in other parts of Pennsylvania, as well as Ohio, West Virginia, New York, and California, Chek and Commissioner Paul Cowey felt they would find such experience.
In particular, Chek mentioned the 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 her biography on the firm's website, Greve "is a seasoned litigator and trusted advisor whose practice focuses on defending and counseling state and municipal entities, law enforcement agencies, elected officials, and other public and private clients in complex litigation and governance matters. She also maintains an active consulting and training practice focused on risk management, internal investigations, and proactive legal compliance for government clients."
Chek noted Greve also has performed work for the County Commissioners Association, as well as the West Virginia Association of Counties.
Cowey also pointed out it wasn't the first time the county has used outside legal representation, referring to issues in previous years with the Board of Equalization and the county Assessor's Office.
(Howell can be contacted at chowell@weirtondailytimes.com)