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Hancock Prosecutor Offers Thoughts On Use Of Opioid Funds

By CRAIG HOWELL 4 min read

NEW CUMBERLAND - While no longer providing legal counsel to Hancock County commissioners in relation to negotiations over one planned disbursement of the county’s opioid funds, County Prosecutor Steven Dragisich wants to make certain commissioners know where his office stands.

On Aug. 14, commissioners, by a 2-1 vote, approved a proposal to contract with Pittsburgh-based law firm Tucker Arensberg to advise the county on the development of a memorandum of understanding with Family Care Ministries for the distribution of a previously approved $500,000 in opioid settlement funds for the construction of a male residential facility for its substance use treatment program.

As a result of the decision, the Hancock County Prosecutor’s Office will not be representing the commission on the matter.

"I wanted to take this opportunity to memorialize the prosecutor’s position, mainly regarding Family Care Ministries," Dragisich said while addressing commissioners during their regular meeting Friday morning. "I have the utmost respect for Josh Lytle and his group. This is in no way a slight to them. I have worked with them the past six years as prosecutor. They do a fine job."

While noting it is the commission’s right to seek outside legal advice, he reiterated concerns with moving forward with the distribution of the funds under current conditions.

"When you’re deciding to distribute a very large amount of opioid funds, there are certain things the Prosecutor’s Office believes that should be considered," Dragisich said.

In particular, Dragisich noted a need for spending oversight by the county, as well as necessary supporting documentation in relation to the project, construction costs, a detailed feasibility of the project including any plans to raise additional funds, a timeline for the project, and aspects to guarantee security for the funds in the event the project is not completed which would allow the county to recoup some of the money.

"There has to be some type of concrete figures before any type of distribution should occur," Dragisich said.

Dragisich also recommended a need for periodic reports on the project, as well as the effectiveness of the organization’s work and future plans.

"Any funding they receive, and any person who receives the funding, should have an obligation to this commission to report the reason for requesting the funding in the first place," he said.

Commission President Eron Chek questioned the giving of the report.

"I thought legal advice was confidential," she said, with Dragisich saying it was a recommendation, not any kind of formal legal opinion.

"We have not had any discussions. We have not had any contract negotiations with anybody. We’re telling you what our position is on this funding," he said. "This is money for Hancock County. The public at large has an interest in this. There’s no confidential information involved in this. We haven’t gotten into any specifics, any terms, anything of who they’re treating or anything of that nature."

Assistant Prosecutor Mike Lucas, who primarily has served as the commission’s legal representative, reiterated the position, reminding commissioners much of Dragisich’s recommendation had been presented in a public meeting with representatives of Family Care Ministries in April.

"We are simply laying out our recommendation going forward. We are allowed to do that," Lucas said. "If you recall, we had a public meeting with Family Care Ministries where we went over pretty much everything, or certainly elements of what Steve just went through."

In a related matter, commissioners voted down, 1-2, a proposed budget revision, developed by Finance Administrator Ira Aracich, which Aracich explained would have covered anticipated costs for the previously approved hiring of Tucker Arensberg as outside legal counsel for the Family Care Ministries fund allotment.

The plan would have moved $15,000 out of the county’s contingency funds to cover a rate of $275 per hour, for an estimated 54.5 hours of work. Aracich explained he calculated the amount based on previous discussions, but claimed he did not have specific information about the potential number of hours to be worked.

Ogden voted in favor of the budget revision, with Chek and Cowey voting against it.

The decision to contract with Tucker Arensberg on Aug. 14 followed an Aug. 7 special meeting where commissioners voted, also 2-1, to begin seeking outside representation on the matter.

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