Last week the commissioners met in executive session to conference call with Cohen and Malad LLP a legal firm in Indianapolis. The called allowed the commissioners to ask details of the lawsuit.
As a way to recoup some of the costs incurred by the county battling the opioid epidemic the commissioners unanimously voted to join on the lawsuit. The agreement with Cohen and Malad is, if they are successful in the lawsuit they would retain 33.3 percents of the judgement.
Another discussion during the executive session was about Neal Haeck, former County Highway Superintendent. His attorney has filed a motion to have the county repay him the restitution cost of $12,358.12 since Heack’s case was reversed by the Indiana Court of Appeals.
During the executive session the commissioners discussed their options with the County Attorney.
Clevenger said the county could pursue a civil action to recover the restitution. He noted that civil action requires proof by a preponderance of the evidence, not proof beyond a reasonable doubt.
The commissioners are still weighing their options.