### Meeting Overview The Whatcom County Council Committee of the Whole met in executive session on April 29, 2025, to discuss pending litigation with Civil Deputy Prosecutor Jesse Corkern. The closed session focused on the Gerald T. Osborn v. Peacehealth case filed in Skagit County Superior Court. ### Key Terms and Concepts **Executive Session:** A closed meeting where elected officials can discuss sensitive matters like pending litigation, personnel issues, or real estate negotiations without public attendance, as allowed under Washington state law. **RCW 42.30.110(1)(i):** The specific Washington state law that allows government bodies to meet in executive session to discuss pending or potential litigation with legal counsel. **Civil Deputy Prosecutor:** A county attorney who represents the county in civil legal matters, as opposed to criminal prosecution. **Committee of the Whole:** A meeting format where all council members meet as a committee, often used for discussion and deliberation before formal council action. **Hybrid Meeting:** A meeting format that allows participation both in-person and remotely via video conference or phone. **Pending Litigation:** A lawsuit that has been filed but not yet resolved by the court system. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair | | Tyler Byrd | Council Member | | Ben Elenbaas | Council Member | | Barry Buchanan | Council Member | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | | Todd Donovan | Council Member (Absent) | | Jesse Corkern | Civil Deputy Prosecutor | | Kim Thulin | County Attorney | | Cathy Halka | Clerk of the Council | ### Background Context Executive sessions are an important but limited tool in local government, allowing officials to discuss sensitive legal matters that could be compromised by public discussion. The Open Public Meetings Act (RCW 42.30) generally requires government meetings to be open to the public, but provides specific exceptions for matters like pending litigation. In this case, the county is likely involved in or potentially affected by a lawsuit filed against PeaceHealth and various healthcare providers in Skagit County Superior Court. The Gerald T. Osborn v. Peacehealth case appears to involve multiple healthcare professionals and administrators, suggesting it may be a complex medical malpractice or healthcare-related dispute. Whatcom County's involvement could stem from various factors, including potential county facilities, employees, or regulatory oversight that connects to the case. ### What Happened — The Short Version Council Chair Kaylee Galloway called the meeting to order at 1:02 p.m. with six members present and one absent. The council voted 5-0 to enter executive session at 1:05 p.m. to discuss the Gerald T. Osborn v. Peacehealth litigation with their legal counsel. Council Member Buchanan was noted as "out of the meeting" during the vote. The executive session was scheduled to conclude no later than 1:15 p.m., and the meeting actually adjourned at 1:16 p.m. Chair Galloway announced before the executive session that no further action was planned following the closed discussion. ### What to Watch Next - Monitor whether any formal action or public discussion emerges from this legal consultation in future council meetings - Track the progress of the Gerald T. Osborn v. Peacehealth case in Skagit County Superior Court - Watch for any future executive sessions related to this litigation as the case develops ---

**Q:** What time did the executive session meeting start and end? **A:** The meeting was called to order at 1:02 p.m., executive session began at 1:05 p.m., and the meeting adjourned at 1:16 p.m. **Q:** Which council member was absent from this meeting? **A:** Todd Donovan was absent from the meeting. **Q:** What legal authority allowed the council to meet in executive session? **A:** RCW 42.30.110(1)(i), which permits closed sessions to discuss pending litigation with legal counsel. **Q:** Who is the Civil Deputy Prosecutor who attended this meeting? **A:** Jesse Corkern attended as the Civil Deputy Prosecutor to discuss the litigation. **Q:** What was the vote count to enter executive session? **A:** The motion passed 5-0, with Barry Buchanan noted as "out of the meeting" during the vote. **Q:** Who is the plaintiff in the litigation being discussed? **A:** Gerald T. Osborn is the plaintiff in the case against Peacehealth and other defendants. **Q:** In which court is the litigation taking place? **A:** Skagit County Superior Court, case number 24-2-00056-29. **Q:** Who serves as Council Chair? **A:** Kaylee Galloway serves as Council Chair and led this meeting. **Q:** What is the main defendant organization in this lawsuit? **A:** Peacehealth, a Washington nonprofit corporation, is the primary defendant listed first. **Q:** Who made the motion to enter executive session? **A:** Tyler Byrd made the motion, which was seconded by Mark Stremler. **Q:** How many healthcare professionals are named as defendants? **A:** Multiple healthcare professionals are named, including Carol Austin (LMFT), Nate Reiss (PhD), N. Stender (MHP), H. Vogel (MHP), N. Saina (MD), and Philip Frank (DO). **Q:** What did Chair Galloway announce about taking action after the executive session? **A:** She stated they do not plan to take any further action following the executive session. **Q:** What type of meeting format was used? **A:** A hybrid meeting format, allowing both in-person and remote participation. **Q:** Who prepared the meeting minutes? **A:** Kristi Felbinger prepared the meeting minutes. **Q:** When were these minutes approved? **A:** The County Council approved these minutes on May 13, 2025. **Q:** What does the case number 24-2-00056-29 indicate? **A:** The case was filed in 2024, as indicated by the "24" prefix in the case number. **Q:** How many attorneys were present for the county? **A:** Two attorneys were present: Kim Thulin and Jesse Corkern. **Q:** What was agenda item AB2025-336? **A:** The discussion of the Gerald T. Osborn v. Peacehealth pending litigation. ---