Finance Committee - 9/6/2017 Page 11
Attorney Vogelman
I'll tell you in similar lawsuits, it’s never the defendants who say you can only spend it for this or this. It’s the
municipality, the county, the states who decide we're not going to participate in this and they won’t vote to
approve the settlement unless it goes there. So you'll be making the decision. Perdue Pharmaceuticals does
not care where you spend the money. In a mediation, the mediator might suggest that a certain percentage of
money goes to hospitals, police and fire but they don’t care. It’s going to be you are right it’s a political
question that the city is going to have to make as to where they want to spend the money.
Alderman Clemons
| would just hate to see all this work done and then have us win and then have the money unable to be spent
because we can’t spend any money in this city.
Attorney Vogelman
You have a smart lawyer. He'll figure out a way. | can’t imagine a situation where we get an award and
because of some — | don’t know how the city really works but my guess is that you folks can work it out so that
you can spend the money.
Alderman Clemons
You would think. That’s been the million dollar question for 25 years.
Attorney Vogelman
You're beyond my jurisdiction here. | have no idea of that.
Attorney Bolton
We rebut with another lawsuit which they answer some of these questions.
Alderman Siegel
| think it’s probably a good problem to have to address if it comes down to that. | guess money that is received
without a defined purpose is subject to cap restraints | understand. We'll have to figure that out when the time
comes.
Attorney Vogelman
And you might have a blueprint from the damages that are argued. If we argue that it costs the Fire
Department this much, it cost welfare this much, it cost police this much. Maybe you can use that as a
blueprint as to where the money goes. Steve will let you know. | don’t know about caps but my guess is if you
do that you’re okay.
Attorney Bolton
When we get there whoever it sitting in this chair will advise you.
Mayor Donchess
Other questions? Comments? The motion is to recommend final passage of the resolution.
MOTION CARRIED
