Community Access

Can I provide input on spending?

• 70% Montana Opioid Abatement Trust share:

  • 80% Abatement Regions sub-share: Up to each locality (not required). Most of the Montana Opioid Abatement Trust will be allocated by Abatement Regions and local governments, who must create their own governance structures for the administration and use of their funds and may each independently choose to seek public input on uses of their settlement funds, although this is not required.[1] For example, the Lewis & Clark Metro Region Opioid Governance Committee's[2] meeting agendas reserve space for public comment.[3] The Opioid Abatement Trust’s website includes contact information for some, but not all, Abatement Region governance officials; select each Abatement Region on this page for more information.

  • 20% Advisory Committee sub-share: No statewide opportunities available (not required). The Montana Opioid Abatement Advisory Committee has not established recurring opportunities for the public to provide input on uses of this sub-share.[4] Montana’s MOU requires the Advisory Committee to “develop written guidelines for receiving input from the State of Montana, Abatement Regions, Local Governments, and others regarding how the opioid crisis is affecting their jurisdictions or communities and their respective abatement needs.”[5] However, these guidelines either do not yet exist or have not been made publicly available.

    • Public comments at Trust meetings. The legal documents governing the Trust’s operations also require it to operate in a transparent manner, consistent with the standards that would apply if the Trust were a “public, governmental entity.”[6] However, it is unclear whether its Advisory Committee is subject to the state law requiring state “agencies” to include a public comment period on their meeting agendas,[7] and the Advisory Committee’s meeting agendas do not include dedicated public comment periods.[8]

• 15% state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its 15% share.[9]

• 15% local share: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically, they generally must accept public comments during their public meetings.[10] Take advantage of this requirement by showing up to meetings of your city council or board of county commissioners and offering comments on local settlement spending.

Can I apply for grants?

Yes. Visit the Montana Opioid Abatement Trust’s Grant Portal to learn more about grant opportunities from the 70% Opioid Abatement Trust share.[11] Local governments also may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the Opioid Settlement Community Grants Portal (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

Where do I go for updates?

• For updates on the Montana Opioid Abatement Trust share, visit the Trust’s website, which lists its Advisory Committee members, includes information about the Committee’s past and upcoming meetings, and provides contact information for Abatement Regions.

  • You can also check out the Montana Association of Counties’ opioid settlement website, which describes Abatement Regions’ governance structure processes, and the websites for the individual Abatement Regions’ governing structures (e.g., Lewis & Clark Metro Region Opioid Governance Committee).[12]

• A single resource containing updates specific to the state share could not be found.[13]

• For updates on the local share, visit the Montana Association of Counties’ opioid settlement website. Another good starting point is to check the websites for your city council, board of county commissioners, or local health department.

What else should I know?

You can contact the Montana Opioid Abatement Trust is via the contact form on its website or by emailing its executive director, Rusty Gackle, at [e-mail].

Citations

1. See Montana Distributors’ and Janssen Opioids Settlement Memorandum of Understanding (“Montana Settlement MOU”), Secs. D(7), D(9)-(10). November 26, 2021. See also Amendment to Montana Distributors’ and Janssen Opioids Settlement Memorandum of Understanding. January 27, 2022. ↑

2. Lewis & Clark Metro Region Opioid Governance Committee. City of Helena website. Accessed September 1, 2024 (“The Lewis & Clark Metro Region Opioid Abatement Governance Committee meets quarterly, as needed, to review regional applications for funding and make recommendations to the Montana Opioid Abatement Trust (‘MOAT’) Advisory Committee for final review and approval. … The committee includes an elected representative from the Helena City Commission, Lewis and Clark County Board of County Commissioners, and the City of East Helena’s governing body, as well as two appointed community members [—] a community member that resides in the City of Helena appointed by City of Helena Commission, and a community member that resides in Lewis and Clark County appointed by Lewis and Clark County’s Board of County Commissioners”). See the Committee’s bylaws here. ↑

3. See, e.g., Agenda. Lewis & Clark County Metro Region Governance Committee. June 26, 2024. Accessed September 1, 2024. ↑

4. If you see this change, email [e-mail]. ↑

5. Montana Settlement MOU, Sec. C(12). November 26, 2021 (emphasis added). ↑

6. Montana Settlement MOU, Sec. D(15). November 26, 2021. See also Declaration of Trust – The Montana Opioid Abatement Trust, Sec. 3.6. August 1, 2022. ↑

7. See Mont. Code Ann. Secs. 2-3-103(1)(a), (1)(b) (“The agency shall publish an agenda for a meeting”), (1)(c) (“The agenda must include an item allowing public comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the agency conducting the meeting”); Mont. Code Ann. Sec. 2-3-102(1) (defining “[a]gency” to mean “any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts”) (emphasis added); Montana Settlement MOU, Sec. C(1) (requiring Attorney General to create a “private, non-profit Abatement Trust”). November 26, 2021; and Second Amendment to the November 2021 Memorandum of Understanding (amending the state’s original MOU to add Section C, Paragraph 13, which states that the Committee must draft its own bylaws but that it “shall not have rulemaking authority under Montana law”). June 15, 2022. ↑

8. See, e.g., 11/28/2023 Meeting Agenda, 4/11/2024 Meeting Agenda, and 7/18/2024 Meeting Minutes. ↑

9. If you see this change, email [e-mail]. This 15% state share is allocated 50-50 between the Montana Department of Public Health and Human Services and the Montana Department of Justice. Montana Department of Public Health and Human Services/Montana Department of Justice Memorandum of Understanding: Allocation and Use of Opioid Settlement Funds, Sec. 2.1. Both departments are subject to a state law requiring them to permit public participation on “agency action … that is of significant interest to the public.” Mont. Code Ann. Sec. 2-3-103(1)(a). However, it is uncertain whether the departments will consider settlement spending decisions as meeting this threshold. See Mont. Admin. R. 37.2.203(2) (establishing MDPHHS’ discretionary authority to determine whether most agency actions are of “significant public interest”). ↑

10. Mont. Code Ann. Sec. 2-3-102(1) (defining “agency” to mean, with limited exception, “any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts”) (emphasis added); Sec. 2-3-103(1)(a) (“Each agency shall develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public”); Sec. 2-3-103(1)(b) (“The agency shall publish an agenda for a meeting”); Sec. 2-3-103(1)(c) (“The agenda must include an item allowing public comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the agency conducting the meeting”); Sec. 7-1-4142 (requiring municipal governing bodies to “develop procedures for permitting and encouraging the public to participate in decisions that are of significant interest to the public”). See also Open Meetings and Public Participation. Montana Association of Counties. July 2023. But see Jones v. Cty. of Missoula, 2006 MT 2 (Montana Supreme Court holding that “Missoula County was not required by Mont. Code Ann. Sec. 2-3-103(2)(2001) to adopt and publish formal guidelines for encouraging public participation in County business”). ↑

11. Grant Portal. Montana Opioid Abatement Trust. Accessed September 1, 2024. Click “Apply Here” to create an online account. ↑

12. Lewis & Clark Metro Region Opioid Governance Committee. City of Helena website. Accessed September 1, 2024 (“The Lewis & Clark Metro Region Opioid Abatement Governance Committee meets quarterly, as needed, to review regional applications for funding and make recommendations to the Montana Opioid Abatement Trust ("MOAT") Advisory Committee for final review and approval. … The committee includes an elected representative from the Helena City Commission, Lewis and Clark County Board of County Commissioners, and the City of East Helena’s governing body, as well as two appointed community members [—] a community member that resides in the City of Helena appointed by City of Helena Commission, and a community member that resides in Lewis and Clark County appointed by Lewis and Clark County’s Board of County Commissioners”). See the Committee’s bylaws here. ↑

13. If you see this change, email [e-mail]. ↑