Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. The Georgia Opioid Settlement Advisory Commission (GOSAC) was established by Executive Order to act as the “Government Participation Mechanism” described in Georgia’s settlement MOU.[1] Its role is to consult and recommend on allocations of the state share.[2] The GOSAC’s recommendations are made by majority vote, but the Trustee for the Georgia Opioid Crisis Abatement Trust retains “final authority” over allocation of funds from Georgia Opioid Crisis Abatement Trust.[3] The GOSAC is required to meet at least quarterly.[4] Unlike most states’ opioid settlement advisory bodies, the GOSAC does not publish its meetings materials on its website.[5]

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

No. The GOSAC is not required to include a member with lived and/or living experience.

What is the overall membership of the state advisory body?

The composition of the nine-member (9) Georgia Opioid Settlement Advisory Commission (GOSAC) is defined by executive order and the state’s settlement MOU. The GOSAC includes eight (8) voting members and one non-voting chair,[6] and each appointee must have a “background in opioid use disorder, addiction treatment or policy, public health policy, mental health treatment or policy, or opioid-related law enforcement.”[7]

• The MOU merely requires the Georgia Association of Community Service Boards to appoint “at least 1 member.”[8]

• The governor made five initial appointments — four (4) members of the GOSAC and its single non-voting chair — via a May 2023 Executive Order.[9]

Members of GOSAC are appointed for three-year terms.[10] Current GOSAC members are listed here.

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) (but see Regional Advisory Councils). Local governments in Georgia are not required to individually establish opioid settlement advisory bodies. However, localities 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?

The local governments of the six regions of the Georgia Department of Behavioral Health and Developmental Disabilities are required to create Regional Advisory Councils, who are each responsible for consulting local governments and the Commission on best uses of funds within the region.[11] However, “[i]n every instance the Trustee shall retain final authority over disbursement” of this “RAC Funding” sub-share.[12]

Members of each RAC are listed here. RACs are required to contain between three and seven members, “not all of whom may reside in the same County”:[13]

• At least one member from a county’s board of health

• One (1) executive team member of a Community Service Board,

• One (1) sheriff (or designated representative)[14]

Citations

1. State of Georgia and Local Governments: Memorandum of Understanding Concerning National Distributor and Johnson & Johnson Opioid Settlements (“Georgia Distributor and J&J MOU”), Secs. II.c-e. See also May 18, 2023 Executive Order. 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023) (“the aforementioned GPM is hereby established as the Georgia Opioid Settlement Advisory Commission ('GOSAC’)”). ↑
2. GOSAC. Georgia Opioid Crisis Abatement Trust Website. Accessed September 1, 2024. See also Governor Kemp’s May 18 2023 Executive Order. 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023); Georgia Distributor and J&J MOU, Secs. I.b, II.c-e. ↑
3. Georgia Distributor and J&J MOU, Sec. II.e; State of Georgia and Local Governments: Memorandum of Understanding Concerning National Settlements with Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Walmart Inc., CVS Health Corporation and CVS Pharmacy, Inc., and Walgreen Co. (“Georgia Subsequent Settlement MOU”), Sec. II.c(iv). ↑
4. Georgia Distributor and J&J MOU, Sec. II.e. ↑
5. As September 1, 2024. If you see this change, send a tip. ↑
6. May 18, 2023 Executive Order. 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023). ↑
7. Georgia Distributor and J&J MOU, Sec. II.e. ↑
8. Georgia Distributor and J&J MOU, Sec. II.e. ↑
9. Each “for a term of office expiring May 18, 2026.” May 18, 2023 Executive Order. 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023). ↑
10. Georgia Distributor and J&J MOU, Sec. II.e. ↑
11. Regional Advisory Councils. Georgia Opioid Crisis Abatement Trust website. Accessed September 1, 2024. ↑
12. Georgia Distributor and J&J MOU, Sec. III.vi; Georgia Subsequent Settlement MOU, Sec. II.c(iv). See also Notice of Funding Opportunity, 1.2.2 RAC Funding. Georgia Opioid Crisis Abatement Trust. April 26, 2024. ↑
13. Georgia Distributor and J&J MOU, Sec. III.c.v. See also Regional Advisory Councils (RACs). Georgia Opioid Crisis Abatement Trust website. Accessed September 1, 2024. ↑
14. Georgia Distributor and J&J MOU, Sec. III.c.v. ↑