The Shelby County Mayor has amended a complaint over a lawsuit filed about the opioid crisis by Shelby County Commission chairman Heidi Shafer. The complaint by Mayor Mark Luttrell now includes ALL the commissioners, not just Shafer.
(SHELBY COUNTY MAYOR RELEASE)
Shelby County Mayor Mark H. Luttrell, Jr. has amended a complaint filed last week in Chancery Court that challenges a lawsuit brought by the Shelby County Commission against pharmaceutical manufacturers, distributors, and others allegedly contributing to the opioid epidemic in Shelby County.
The suit names commissioners in their official capacity, not personally except for Chairwoman Heidi Shafer.
“At issue is one of separation of powers and taking actions inconsistent with the county’s charter and ordinances. The Shelby County Charter provides that the Mayor is the sole contracting authority, which promotes efficiency and avoids confusion,” said Mayor Luttrell.
The amendment is a result of the action taken by the Shelby County Commission at a specially called meeting on Wednesday, November 8, 2017 ratifying the actions taken by Chairwoman Heidi Shafer.
She entered into a contract with the Napoli Shkolnik Law Firm of New York and filed litigation on behalf of Shelby County relating to the opioid crisis.
The judgement seeks a declaration that Article II, Section 2.02 (A) of the Shelby County Charter does not provide the commission or any commissioner the authority to enter into a contract.
Further, the suit seeks to declare the Napoli contract void and unenforceable. It also seeks a declaration that the charter does not provide the commission or any commissioner the authority to retain outside counsel to pursue litigation on behalf of Shelby County.
Chancellor Jim Kyle will hear the matter tomorrow at 1:30.