Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. North Carolina’s memorandum of agreement establishes a 12-member Coordination Group that may provide support to local governments, but this Coordination Group does not operate in a traditional advisory capacity.[1] Specifically, the Coordination Group may work with parties to the MOA, “the North Carolina Association of County Commissioners, the North Carolina League of Municipalities, other associations, foundations, non-profits, and other government or nongovernment entities” to support local governments’ uses of opioid settlement funds,[2] including by:

• Assisting with data identification, location, collection, analysis, and reporting

• Developing resources and providing training and technical assistance

• Developing pilot programs or other resources to support collaborative strategic planning processes

• Developing and implementing voluntary learning collaboratives

• Developing voluntary leadership training programs[3]

The Coordination Group also:

• Must approve a compliance supplement to govern a compliance audit of local governments’ expenditures[4]

• May modify the MOA’s list of high-impact strategies (Exhibit A), collaborative planning process (Exhibit C), annual financial report (Exhibit E), impact information (Exhibit F), or “other information” reported to statewide dashboard[5]

• May propose other amendments to the MOA for approval by the North Carolina Attorney General and local governments[6]

The Coordination Group is required to meet once annually for three years and once every three years thereafter.[7] Information about past and upcoming meetings is available here.

Is the state advisory body required to include member(s) with lived and/or living experience?

No. The Coordination Group neither operates in a traditional advisory capacity nor is required by North Carolina’s MOA to include member(s) with lived and/or living experience. However, those responsible for making appointments to the Coordination Group “are encouraged to appoint individuals who reflect the diversity of North Carolina, taking into consideration … the experience and perspective of persons with ‘lived experience.’”[8]

What is the overall membership of the state advisory body?

Though the 12-member Coordination Group does not operate in a traditional advisory capacity over North Carolina’s settlement funds, its membership is defined by the state’s MOA to include five local government representatives and seven appointed “experts,”[9] each of whom are required to have relevant experience or expertise:[10]

• A county commissioner, appointed by the North Carolina Association of County Commissioners

• A county manager, appointed by the North Carolina Association of County Commissioners

• A county attorney, appointed by the North Carolina Association of County Commissioners

• A county local health director or consolidated human services director, appointed by the North Carolina Association of County Commissioners

• A municipal manager, appointed by the North Carolina League of Municipalities

• Four (4) experts with “relevant experience or expertise with programs or policies to address the opioid epidemic, or with behavioral health, public health, health care, harm reduction, social services, or emergency services,” appointed by the Secretary of the North Carolina Department of Health and Human Services

• One expert with “drug policy or behavioral health experience or expertise” from the North Carolina Department of Justice or another state agency, appointed by the Attorney General of North Carolina

• A representative from the University of North Carolina School of Government with relevant expertise, appointed by the Speaker of the North Carolina House of Representatives

• A representative from the board or staff of the North Carolina Institute of Medicine with relevant expertise, appointed by the President Pro Tem of the North Carolina Senate

The Coordination Group’s appointing entities “are encouraged to appoint individuals who reflect the diversity of North Carolina, taking into consideration the need for geographic diversity; urban and rural perspectives; representation of people of color and traditionally underrepresented groups; and the experience and perspective of persons with ‘lived experience.’”[11]

Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?

No (up to each locality). Local governments in North Carolina are not required to individually establish their own opioid settlement advisory bodies. However, the minority of local governments pursuing an “Option B” approach to their settlement spending are required to implement a collaborative strategic planning process that calls for the involvement of “stakeholders” with lived experience,[12] “such as people with addiction, people who use drugs, people in medication-assisted or other treatment, people in recovery, people with criminal justice involvement, and family members or loved ones of the individuals just listed.”

All localities also may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

Not applicable.

Citations

1. Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation (“North Carolina Settlement MOA”), Secs. A (defining “Coordination group”), E(7) (establishing required meeting frequency of the coordination group), H(2)(b) (authorizing the coordination group to make specified changes to the MOA), Exhibit D (describing composition and responsibilities of coordination group), Exhibit D Sec. c (“The coordination group may, by consensus or by vote of a majority of members present and voting, work with the parties to this MOA, the North Carolina Association of County Commissioners, the North Carolina League of Municipalities, other associations, foundations, non-profits, and other government or nongovernment entities to provide support to Local Governments in their efforts to effectuate the goals and implement the terms of this MOA”). ↑

2. North Carolina Settlement MOA, Exhibit D Sec. c. ↑

3. North Carolina Settlement MOA, Exhibit D Sec. c(i)-(v). The Coordination Group may also “[t]ak[e] other actions that support Local Governments in their efforts to effectuate the goals and implement the terms of this MOA but do not in any way change the terms of this MOA or the rights or obligations of parties to this MOA.” Id. at (vi). ↑

4. North Carolina Settlement MOA, Secs. F(1)-(2) (describing local government audits of expenditures), Exhibit D Sec. a. ↑

5. North Carolina Settlement MOA, Exhibit D Sec. b. Any amendment requires a vote of at least 8 members. ↑

6. North Carolina Settlement MOA, Secs. H(2) (“Amendments to MOA”), Exhibit D Sec. b. ↑

7. North Carolina Settlement MOA, Sec. E(7). ↑

8. North Carolina Settlement MOA, Exhibit D. ↑

9. North Carolina Settlement MOA, Exhibit D (“Composition”). ↑

10. North Carolina Settlement MOA, Exhibit D (“Appointees shall have relevant experience or expertise with programs or policies to address the opioid epidemic, behavioral health, public health, health care, social services, emergency services, harm reduction, management of local government, or other relevant area”). ↑

11. North Carolina Settlement MOA, Exhibit D. ↑

12. North Carolina Settlement MOA, Exhibit C (requiring localities to identify, explore, and report on root causes “using quantitative data as well as stakeholder narratives, community voices, the stories of those with lived experience, or similar qualitative information” and report on stakeholder involvement, including “[s]takeholders with "lived experience”). See also North Carolina Settlement MOA, Secs. E.5(b)(i)-(ii) (“A Local Government that chooses to participate in additional voluntary, collaborative, strategic planning may spend Opioid Settlement Funds from the broader list of categories found in Exhibit B. This list contains all the initial opioid remediation strategies listed in the National Settlement Agreement. Before spending any funds on any activity listed in Exhibit B, but not listed on Exhibit A, a Local Government must first engage in the collaborative strategic planning process described in Exhibit C. This process shall result in a report and non-binding recommendations to the Local Government’s Governing Body described in Exhibit C”). See Local Spending Plans Dashboard. CORE-NC website. Accessed September 1, 2024 (as of September 1, 2024, reporting that 11 local governments have reported Option B-related planning, as compared to Option A's 79 takers). ↑