Orrice oF THE Governor Marmsen 6. Baw 700 CanrorAvaws Fobrary §, 2018 Fa SOB 9542917 ‘VIA HAND-DELIVERY & EMAL Hon. J. Michael Brown Deputy Atorney General Capitol Building, ute 118 700 Capitol Avenue Frankfon, KY 40601 Dear Michael ‘Thank you fr your leer of January 30, 2018 pertaining to litigation agains opioid manufacturers tnd distributors. I agoe wholeheartedly tat the Governor's Office and Attomey General's Office should coordinate ther effors and work together against those companies. Judge Shepherd's suggestion at the January 19 conference and in his January 2 Order that we combine forces is good forthe Commonwealth ‘Our state moto is more than just «phrase. The notion of “united we tan, divided we fal” iss important ‘now ait has ever been, and the scourge of opioid abuse is one that we truly need to stand united agains. Tothat end, lam thrilled that you leer acknowledges that cooperation among al of our executive branch fics is eric. ‘As you know from your tie a Seeretary ofthe Justice and Public Safety Cabinet, executive branch cabinets and departments can intate suits for damages on behalf of the Commonwealth. The Justice and Public Safety Cabinet i curently planning o bing one or more Such suis against opioid manufacturers nd distributors, but Judge Shepherd's dea of combining out resources in this effor isa good one. ‘There issirength in unity. Never has there been a greater need for unity than inthe Commonwealth's war against, the opioid scourge tht is desining and destroying our precious esouees, inclading our greatest resource — ‘our people. ‘Again, a8 am sure you know from your service as a cabinet secretary inthe administration of, former-Governor Beshear, the Kentucky Constiusion provides that the Govemor is “(the supreme executive power of the Commonsealth” Pursuant ro this authority, the Governor hs the constitutional ‘uty to ensure thatthe las are “Tihflly executed.” The Governor intend to comply with this duty by holding the opioid manufacturers and distributors accountable for their misdeeds, The pats ofthe executive branch that are directly under the Governor's contcol provide temendous resources for assisting in this effort, and so do the resources {at are availabe tothe Attorney General. Moreover, the legal ations ‘against the opioid manufacturers nd distributors are ones that will certainly be complex enough fo require tutsde counsel, The Attorney General's Office does not have outside counsel representing it, but theJustice and Public Safety Cabinet will soon have a contract with outside counsel, and this contact will conta a cap on atoreys" fees, which will ensure that more money goes to btling opi addiction, By ‘combining forces, the Governor's cabins" resources canbe of maximum use tothe Attomey General and Because the Kentucky Consiution provides that the Governors the “supreme executive powe ‘one can make an effective argument thatthe Governor ought solely tobe in charge of this eff, with substantive suppor from the Attomey General. However in the spirit of cooperation, and so long. as the ‘Awomey General or your office do not have, oF have eed, any conflicts, the Govemors Office stongly belcves that a parsorthip withthe Attomay General's Office would be good for the poople of the Commonwealth under the following gu delines |. The Governor's Office andor the Justice and Public Safety Cabinet IPSC") and Cabinet for Heath and Family Services (*CHPS") will intervene asa Plaintiff in any pending ation that the Attomey Generals Offce has already filed against an opioid manufacturer of distributor. (CHES should be involved because a ponion of any recovery will undoubtedly go to the Medicaid program. Thus, the sles of the cases will be modified to reflec our joint cooperation, e.¢, "Commonwealth of Kentucky, er rel, Matthew G. Bevin, Governor, Andy Beshear,Attomey General John Tiley, Seereary ofthe lusice and Public Safety Cabinet, and Scott Brinkman, Acting Secretary ofthe Cabinet fr Health and Family Services. 2. Neither the Governor's Oifice, the Attomey General's Office, nor any cabinet wil file a competing or overlapping lawsuit against an opioid manufacturer or disibator without involving the others as partes under the terms proposed in this lever. 3, Any future ations aginst opioid manafecurers or distibators will be filed on behalf of both the Governor's Office (plus IPSC and CHES) and the AWomney General's Office, using the style refered to above, 4 Despite past diferences, ts layers in ou respective offices personally get along very well ‘This issue presents a good opportunity for us to work together. Our joint cooperation and involvement in stategic discussions can greatly benefit the people of this Commonwealth, The Governor's Office (including JPSC and CHFS) and the Atorney Generals Office will therefore actin good faith and cooperate fully with each other in sharing information and resources pertaining 10 actions agunst opioid manufacturers and distributors. 5. Recognizing tht outside counsel wil largely handle day-to-day litigation responsibility, the Governor's Office (including JPSC and CHES) and the Atorney General's Office will exch exercise veto power over questions of legal Strategy in all actions agaist opioid manufacturers ‘or istibuors. 6. Nosestlement offer muy beaccepted in any action aginst opioid manufacturers or dstebutors unless both the Governor's Office and the Attorney General's Office agree 7. All public and media communications regarding these legal actions must be agreed upon and issued jointly by the Governor's Office (including the two referenced cabinets) and the ‘Aworney General's Ofice.‘There sno reason for slate executive departments tobe a cross purposes when so much ist stake. ‘The urgent need to fight the opioid epidemic on all ronis—legal, legislative, and juicil—demands that. we fully cooperate in arder o succeed. Pleas let me know when we ean begin working together under ‘hese guidelines. Let'ssand united so thatthe scourge of opioid abuse will fll. Sincerely, / bres ea / isnt, Cc: Judge Philip Shepherd Seereary Seott Brinkman Seereary John Tilley Hon, Brett Nolan