### Meeting Overview The Whatcom County Council Committee of the Whole met in executive session on Tuesday, September 9, 2025, from 8:45 a.m. to 10:11 a.m. All seven council members attended this closed-door session to discuss pending litigation and a potential real estate matter with county attorneys. ### Key Terms and Concepts **Executive Session:** A closed meeting where elected officials can legally meet without public access to discuss specific confidential matters like pending litigation, personnel issues, or real estate negotiations as authorized by state law. **RCW 42.30.110:** The section of Washington state law that defines when public bodies can meet in executive session and what topics can be discussed behind closed doors. **Civil Deputy Prosecutor:** An attorney who works for the county prosecutor's office and handles civil legal matters (lawsuits, contracts, legal advice) rather than criminal cases. **Pending Litigation:** Legal cases that have been filed but not yet resolved, which governments can discuss privately to protect legal strategy and attorney-client privilege. **Federal Executive Orders:** Directives issued by the President that can affect how federal agencies operate and distribute funding to state and local governments. **Agenda Bill (AB):** The formal numbering system Whatcom County uses to identify and track agenda items through the legislative process. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair | | Tyler Byrd | Council Member | | Barry Buchanan | Council Member | | Todd Donovan | Council Member | | Ben Elenbaas | Council Member | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | | Christopher Quinn | Civil Deputy Prosecutor | | Jesse Corkern | Civil Deputy Prosecutor | | Kimberly Thulin | County Attorney | ### Background Context Executive sessions are a necessary but carefully regulated part of local government operations. Washington state's Open Public Meetings Act generally requires government business to be conducted in public, but creates specific exceptions for sensitive matters like ongoing lawsuits, real estate negotiations, and personnel issues. These closed sessions protect the county's legal interests while still requiring public disclosure of when they occur and what general topics are discussed. The meeting covered several active legal matters facing the county, including federal litigation involving a county prosecutor and broader concerns about how recent presidential executive orders might affect federal funding streams that the county relies on. The real estate discussion could involve anything from office space needs to potential land acquisitions for public projects. ### What Happened — The Short Version Chair Galloway called the meeting to order at 8:45 a.m. with all seven council members present. One agenda item about opioid settlements was withdrawn before the meeting. The council voted 7-0 to enter executive session to discuss four remaining items: a federal lawsuit involving a county prosecutor, general county litigation matters, potential impacts of presidential executive orders on federal funding, and a possible real estate transaction. The session was scheduled to end at 9:55 a.m. but was extended twice—first to 10:05 a.m., then to 10:10 a.m.—before concluding at 10:11 a.m. Council Member Donovan asked whether any information about the federal funding discussion could be made public afterward, but the county attorney said that would depend on what was discussed in the closed session. ### What to Watch Next - Follow-up public discussion about federal funding impacts, if the council determines any information can be shared publicly - Potential formal action on the real estate matter discussed in executive session - Updates on the litigation matters as cases progress through the courts ---

**Q:** What time did the executive session begin and end? **A:** The session began at 8:50 a.m. and ended at 10:11 a.m., running about 20 minutes longer than originally scheduled. **Q:** How many council members attended this meeting? **A:** All seven council members were present: Barry Buchanan, Tyler Byrd, Todd Donovan, Ben Elenbaas, Kaylee Galloway, Jon Scanlon, and Mark Stremler. **Q:** Which agenda item was withdrawn from the meeting? **A:** AB2025-578, which would have discussed opioid settlements and Whatcom County's participation in Purdue Pharma settlement agreements. **Q:** Who made the motion to enter executive session? **A:** Tyler Byrd made the motion, and Barry Buchanan seconded it. **Q:** What was the vote to enter executive session? **A:** The motion passed 7-0, with all council members voting yes. **Q:** Which attorneys were present for the executive session? **A:** Christopher Quinn (Civil Deputy Prosecutor), Jesse Corkern (Civil Deputy Prosecutor), and Kimberly Thulin (County Attorney). **Q:** What federal legal matter was discussed? **A:** A lawsuit called Richard Arthur Kirkham vs. City of Bellingham et al., which involves defense and indemnification of Deputy Prosecutor Kellen Kooistra. **Q:** What concern did Council Member Donovan raise? **A:** He asked whether information about the executive orders and federal funding discussion could be reported out publicly after the meeting. **Q:** How many times was the executive session extended? **A:** Twice—first from 9:55 a.m. to 10:05 a.m., then from 10:05 a.m. to 10:10 a.m. **Q:** What types of legal authority allowed this executive session? **A:** RCW 42.30.110(1)(i) for litigation discussions and RCW 42.30.110(1)(b) for real property matters. **Q:** Which case number was cited for the federal litigation? **A:** United States District Court Western District of Washington, No. 2:24-CV-01625-DGE-SKV. **Q:** What presidential administration matter was discussed? **A:** Recent executive orders that might affect the allocation and availability of federal funding to Whatcom County. **Q:** Who chaired this executive session? **A:** Council Chair Kaylee Galloway. **Q:** What happened to each of the four main agenda items? **A:** All four items (AB2025-598, AB2025-599, AB2025-605, and AB2025-631) were discussed in executive session. **Q:** What real estate matter was on the agenda? **A:** Discussion regarding the potential lease or acquisition of real property, though no specifics were disclosed publicly. ---