Whatcom County Council Committee of the Whole - Executive Session

The session addressed AB2026-189, concerning the case Samantha L. Robinson v. Whatcom County et al., filed in Skagit County Superior Court (Case No. 26-2-00233-37). The litigation names Whatcom County Sheriff Donnell Tanksley, Lieutenant Keith Linderman, and Detective Derek Jones as defendants, with the county considering defense and indemnification options. Six of seven council members participated in the discussion, which required multiple extensions beyond the originally scheduled 8:50 AM conclusion time. The meeting ultimately ran until 9:18 AM, with Chair Kaylee Galloway making three public announcements extending the session as required by state law. The discussion was conducted under RCW 42.30.110(1)(i), which allows governing bodies to meet in closed session to discuss pending litigation. No action was taken during the executive session, and the specific details of the litigation and council's deliberations remain confidential under attorney-client privilege.

**Motion to Enter Executive Session (AB2026-189):** - Vote: 6-0 (Passed) - Moved by Jessica Rienstra, seconded by Elizabeth Boyle - Purpose: Discuss pending litigation regarding Robinson v. Whatcom County et al. - No formal action taken on the underlying litigation matter

"I'd like to call to order this Welcome County Council Committee of the Whole executive session." **Galloway, explaining the legal basis for closed session:** "Discussion of this item may take place in executive session close to the public pursuant to RCW 42.30.110 subsection one subsection little I." **Galloway, setting the initial timeline:** "The council will meet in executive session until 8:50 a.m. If the meeting extends beyond the stated conclusion time, I'll come back to the dais and make a public announcement." **Jessica Rienstra, making the motion:** "So moved." **Galloway, announcing the first extension:** "We are going to need to extend our executive session. We'll try for 10 minutes and come back at 9 a.m." **Galloway, announcing the final adjournment:** "We are adjourned from our executive session. We will get started with council's finance and administrative services committee in 5 minutes."

## Meeting Overview On Tuesday morning, March 10th, 2026, the Whatcom County Council convened a Committee of the Whole executive session at 8:30 a.m. in the County Courthouse Council Chambers. What was originally scheduled as a brief 20-minute closed-door discussion about pending litigation stretched into a 46-minute session that required multiple extensions, suggesting the complexity of the legal matter at hand. Six council members were present: Chair Kaylee Galloway, Elizabeth Boyle, Barry Buchanan, Jessica Rienstra, Jon Scanlon, and Mark Stremler. Ben Elenbaas was absent. Two attorneys briefed the council: Civil Deputy Prosecutor Jesse Corkern and County legal counsel Kimberly Thulin. The meeting was conducted in hybrid format, allowing both in-person and remote participation, though the executive session itself was closed to the public as permitted by state law. The sole agenda item involved a lawsuit filed against Whatcom County and several sheriff's office personnel, requiring the council to discuss legal strategy, potential liability, and decisions about defense and indemnification of the named defendants. ## Robinson v. Whatcom County Litigation Discussion The heart of this executive session was agenda item AB2026-189, a discussion of the case Samantha L. Robinson v. Whatcom County et al., filed in Skagit County Superior Court as case number 26-2-00233-37. The lawsuit names as defendants Whatcom County, Sheriff Donnell Tanksley, Lieutenant Keith Linderman, and Detective Derek Jones. Chair Galloway opened the discussion by noting the confidential nature of the proceedings. "Discussion of this item may take place in executive session close to the public pursuant to RCW 42.30.110 subsection one subsection little I," she stated, referencing the state law that allows local governments to meet privately when discussing pending litigation with their attorneys. The meeting was initially scheduled to conclude by 8:50 a.m., a typical timeframe for straightforward legal briefings. However, as Deputy Prosecutor Corkern and County Counsel Thulin presented the case details and council members asked questions, it became clear that more time was needed. At exactly 8:50 a.m., Galloway returned to make a public announcement: "We are going to need to extend our executive session. We'll try for 10 minutes and come back at 9 a.m." This first extension suggested the case involved more complex legal issues than initially anticipated. But even the extended time proved insufficient. At 9:00 a.m., Galloway again announced publicly: "We're going to try for another 5 minutes, 9:05." The repeated extensions indicated either particularly thorny legal questions or significant debate among council members about how to proceed with the county's defense strategy. The session required yet another extension. At approximately 9:10 a.m., though this announcement wasn't captured in the transcript, the minutes show that Galloway announced the session would extend to no later than 9:15 a.m. Finally, at 9:18 a.m.—nearly 50 minutes after the session began and 28 minutes beyond its original scheduled conclusion—the executive session ended. "The time is now 9 18. We are adjourned from our executive session," Galloway announced. ## The Legal Context While the specific details of the Robinson lawsuit cannot be disclosed due to attorney-client privilege, the public record reveals several key facts. The case involves Samantha L. Robinson as the plaintiff, with Whatcom County and three sheriff's office personnel as defendants. The inclusion of individual officers alongside the county suggests the lawsuit may involve allegations of misconduct or civil rights violations that occurred during the course of official duties. The fact that the council was discussing "defense and indemnification" of the named officers indicates they must decide whether to provide legal representation and financial protection for Sheriff Tanksley, Lieutenant Linderman, and Detective Jones. This is a common issue when public employees are sued for actions taken in their official capacity—the government entity must determine whether to stand behind its employees or distance itself from their conduct. The case being filed in Skagit County Superior Court, rather than Whatcom County where the alleged events likely occurred, suggests either venue shopping by the plaintiff's attorney or some other procedural reason requiring the case to be heard outside the county's home jurisdiction. ## Procedural Formalities and Democratic Process Despite the confidential nature of the discussion, the meeting demonstrated the formal procedures that govern even closed-door government sessions. The session began with a proper roll call, establishing that six of seven council members were present and creating a quorum for official business. When Galloway announced the motion to enter executive session, Rienstra immediately responded "So moved," with Boyle providing the required second. The chair then called for discussion: "Is there any further discussion on this item?" When none was offered, she proceeded to a formal roll call vote. Each council member's vote was recorded individually: Boyle, Buchanan, Galloway, Rienstra, Scanlon, and Stremler all voted "Yes," with Elenbaas marked as absent. "Let the record show that carries six to zero," Galloway declared, officially authorizing the closed session. The multiple public announcements about time extensions also demonstrated adherence to open meeting laws. Even when meeting in executive session, Washington State law requires public officials to periodically announce how long they expect to remain in closed session, ensuring the public knows when they might return to open discussion. ## What Comes Next The executive session concluded with no public announcement of any decisions made or actions to be taken. This is typical for litigation discussions, where strategies and next steps are often determined in consultation with attorneys and may not require immediate council votes. The case will likely continue to develop in the courts, with the county's legal team now having received guidance from elected officials about how to proceed with both the defense of the lawsuit and the indemnification of the named officers. As Galloway noted at the session's conclusion, the council had another meeting immediately following: "We will get started with council's finance and administrative services committee in 5 minutes. So that will put us at 9 23." The quick transition from confidential legal discussion to routine county business illustrated the varied responsibilities of elected officials, who must switch seamlessly between sensitive personnel matters and public policy debates. The Robinson litigation will undoubtedly return to future council agendas as the case progresses through the courts, though much of the ongoing discussion will likely remain in executive session to preserve attorney-client privilege and protect the county's legal strategy.

## MODULE S1: STUDY GUIDE **Meeting ID:** WHA-CON-CTW-EXS-2026-03-10 A structured study guide helping readers understand the meeting's content and context. ### Meeting Overview The Whatcom County Council Committee of the Whole met in executive session on March 10, 2026, to discuss pending litigation and the defense of county officials. The closed-door session ran much longer than anticipated, extending from 8:32 a.m. to 9:18 a.m. ### Key Terms and Concepts **Executive Session:** A closed meeting where elected officials discuss sensitive matters away from public view. State law allows executive sessions only for specific topics like litigation, personnel matters, or real estate negotiations. **RCW 42.30.110(1)(i):** The specific Washington state law that allows governing bodies to meet in executive session to discuss pending litigation with their attorneys. This ensures attorney-client privilege is protected. **Civil Deputy Prosecutor:** An attorney who works for the county prosecutor's office, specifically handling civil legal matters (lawsuits, contracts, legal advice) rather than criminal cases. **Defense and Indemnification:** When the county agrees to provide legal representation and pay legal costs for employees who are sued while performing their official duties. This protects employees from personal financial liability. **Committee of the Whole:** A meeting format where the entire council meets as a committee, often used for discussion and work sessions. All council members participate, but it's technically a committee meeting rather than a full council meeting. **Hybrid Meeting:** A meeting format that allows participation both in-person and remotely via video/phone connection, adopted widely during and after the COVID-19 pandemic. **Superior Court Case:** A lawsuit filed in Washington's trial court system. Skagit County Superior Court is handling this case even though it involves Whatcom County officials. **Named Defendants:** The specific individuals being sued in a lawsuit. In this case, Sheriff Donnell Tanksley and two sheriff's office personnel are being sued individually. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair, called meeting to order | | Elizabeth Boyle | Council Member | | Barry Buchanan | Council Member | | Ben Elenbaas | Council Member (absent) | | Jessica Rienstra | Council Member, made motion to enter executive session | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | | Jesse Corkern | Civil Deputy Prosecutor, provided legal counsel | | Kimberly Thulin | County Attorney, provided legal counsel | | Donnell Tanksley | Whatcom County Sheriff (defendant in lawsuit) | | Lt. Keith Linderman | Sheriff's Office Lieutenant (defendant in lawsuit) | | Detective Derek Jones | Sheriff's Office Detective (defendant in lawsuit) | | Samantha L. Robinson | Plaintiff in the lawsuit | ### Background Context This executive session centered on a lawsuit filed against Whatcom County and three of its sheriff's office personnel. When county employees are sued for actions they took as part of their job duties, the county typically provides legal defense and covers legal costs - this is called "defense and indemnification." This protects employees from personal financial ruin while ensuring they can perform their duties without fear of personal liability. The case involves Sheriff Donnell Tanksley, Lieutenant Keith Linderman, and Detective Derek Jones as named defendants, along with the county itself. The lawsuit was filed by Samantha L. Robinson in Skagit County Superior Court, suggesting the incident that sparked the lawsuit may have occurred in Skagit County or involved cross-jurisdictional law enforcement activity. Executive sessions for litigation matters are standard practice and legally protected. They allow the county's legal team to provide candid advice about case strategy, settlement possibilities, and legal risks without that information becoming public and potentially harming the county's legal position. ### What Happened — The Short Version The Whatcom County Council Committee of the Whole held a closed-door executive session to discuss a lawsuit against the county and three sheriff's office personnel. Six council members attended, with one absent. The meeting was supposed to last 20 minutes but stretched to 46 minutes with multiple extensions. Council Chair Kaylee Galloway called the meeting to order at 8:30 a.m. After roll call, she explained they would discuss pending litigation in executive session, which is allowed under state law. Council member Jessica Rienstra made a motion to enter executive session until 8:50 a.m., seconded by Elizabeth Boyle. The motion passed 6-0. The council entered executive session at 8:32 a.m. with two attorneys present: Civil Deputy Prosecutor Jesse Corkern and County Attorney Kimberly Thulin. The session was initially scheduled to end at 8:50 a.m., but was extended three times - first to 9:00 a.m., then to 9:05 a.m., and finally to 9:15 a.m. The meeting actually concluded at 9:18 a.m., nearly three times longer than originally planned. No formal action was taken during the executive session, which is typical - these sessions are for discussion only. The council then moved on to their next scheduled committee meeting. ### What to Watch Next • **Future Council Actions:** Watch for any agenda items related to litigation settlement, legal services contracts, or policy changes regarding sheriff's office procedures that might stem from this case. • **Budget Implications:** Monitor upcoming budget discussions for legal defense costs or potential settlement expenses related to this lawsuit. • **Case Progression:** While the executive session discussions remain confidential, the underlying lawsuit (Samantha L. Robinson v. Whatcom County et al.) will proceed through Skagit County Superior Court with public court filings. ---

## MODULE S2: FLASH CARDS **Meeting ID:** WHA-CON-CTW-EXS-2026-03-10 **Q:** What type of meeting did the Whatcom County Council hold on March 10, 2026? **A:** A Committee of the Whole executive session to discuss pending litigation with county attorneys. **Q:** How many council members were present at this meeting? **A:** Six council members were present, with Ben Elenbaas absent. **Q:** What legal authority allows the council to meet in closed session? **A:** RCW 42.30.110(1)(i), which permits executive sessions to discuss pending litigation with attorneys. **Q:** Who is the plaintiff in the lawsuit being discussed? **A:** Samantha L. Robinson is the plaintiff suing Whatcom County and the named defendants. **Q:** Which court is handling this lawsuit? **A:** Skagit County Superior Court, under case number 26-2-00233-37. **Q:** Who are the three sheriff's office personnel named as defendants? **A:** Sheriff Donnell Tanksley, Lieutenant Keith Linderman, and Detective Derek Jones. **Q:** How long was the executive session originally scheduled to last? **A:** 20 minutes, from 8:30 a.m. to 8:50 a.m. **Q:** How long did the executive session actually last? **A:** 46 minutes, from 8:32 a.m. to 9:18 a.m., requiring multiple extensions. **Q:** Who made the motion to enter executive session? **A:** Council member Jessica Rienstra made the motion, seconded by Elizabeth Boyle. **Q:** What does "defense and indemnification" mean in this context? **A:** The county will provide legal representation and pay legal costs for employees sued while performing official duties. **Q:** Which attorneys were present during the executive session? **A:** Civil Deputy Prosecutor Jesse Corkern and County Attorney Kimberly Thulin. **Q:** What vote result allowed the council to enter executive session? **A:** The motion passed 6-0, with all present council members voting yes. **Q:** Who served as Council Chair for this meeting? **A:** Kaylee Galloway served as Council Chair and called the meeting to order. **Q:** What is the difference between a regular council meeting and a Committee of the Whole? **A:** Committee of the Whole is a format where all council members participate as a committee for discussion, rather than a formal council meeting. **Q:** Why might this case be filed in Skagit County rather than Whatcom County? **A:** The incident that led to the lawsuit may have occurred in Skagit County or involved cross-jurisdictional law enforcement activity. **Q:** What happens after an executive session ends? **A:** Any formal actions must be taken in public session; executive sessions are for discussion only. **Q:** How many times was the executive session extended? **A:** Three times - first to 9:00 a.m., then to 9:05 a.m., and finally to 9:15 a.m. **Q:** What type of legal matter is this executive session discussing? **A:** Civil litigation involving county employees being sued for actions taken in their official capacity. ---