### Meeting Overview The Whatcom County Council Committee of the Whole met in executive session on Tuesday, June 24, 2025, from 1:06 p.m. to 1:50 p.m. This closed session focused on two sensitive matters: collective bargaining strategy and pending litigation against the county. ### Key Terms and Concepts **Executive Session:** A closed meeting where elected officials discuss sensitive matters like legal issues, personnel matters, or collective bargaining strategy. The public and media are excluded, but specific legal justifications under state law are required. **Collective Bargaining:** The process where government employers negotiate with employee unions over wages, benefits, working conditions, and other terms of employment. Strategy discussions are typically confidential to protect the county's negotiating position. **Civil Deputy Prosecutor:** An attorney who works for the county prosecutor's office handling civil legal matters (as opposed to criminal cases). They provide legal advice to county departments and represent the county in lawsuits. **RCW (Revised Code of Washington):** The collection of all permanent laws currently in force in Washington State. RCW 42.30 covers the Open Public Meetings Act, which requires most government meetings to be public but allows specific exceptions. **Committee of the Whole:** A meeting format where all council members participate as a committee rather than as the full council. This allows for more informal discussion while still following official meeting procedures. **Federal District Court:** The trial-level court in the federal court system. The Western District of Washington covers the western part of the state, with the Tacoma division handling cases from that region. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair | | Barry Buchanan | Council Member | | Tyler Byrd | Council Member | | Todd Donovan | Council Member (arrived late) | | Ben Elenbaas | Council Member | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | | Jesse Corkern | Civil Deputy Prosecutor | | Christopher Quinn | Attorney | | Cathy Halka | Council Clerk | ### Background Context Executive sessions are a necessary but carefully regulated part of local government. State law requires that most government meetings be open to the public, but recognizes that some discussions—particularly those involving legal strategy, personnel matters, or collective bargaining—need confidentiality to be effective. The Open Public Meetings Act specifies exactly when and how executive sessions can be used. Collective bargaining negotiations are especially sensitive because revealing the county's strategy or bottom-line positions could weaken their negotiating stance with employee unions. Similarly, litigation strategy must remain confidential to avoid compromising the county's legal position or revealing attorney-client privileged information to opposing parties. The Richard Kirkham lawsuit represents the kind of federal civil rights litigation that counties increasingly face. Such cases often involve claims of constitutional violations by county employees or policies, and can result in significant financial settlements or judgments against the county. ### What Happened — The Short Version All seven council members gathered for a brief executive session that was scheduled to last 30 minutes but extended to 50 minutes total. Council Chair Galloway announced the legal justifications for closing the meeting, and Council Member Scanlon moved to enter executive session, which passed 6-0 with Donovan initially absent. The council discussed collective bargaining strategy with their attorneys, then reviewed the pending federal lawsuit filed by Richard Kirkham. Donovan joined the session partway through. When the initial 30-minute limit expired, Galloway announced a 15-minute extension. No votes or formal actions were taken—executive sessions are for discussion only. ### What to Watch Next • Monitor future council agendas for any action items related to collective bargaining agreements or union negotiations that may result from the strategy discussions • Track the progress of the Richard Kirkham federal lawsuit (Case No. 2:25-CV-208-DGE-DWC) through federal court records • Watch for any public settlements, motions, or trial dates in the litigation that may emerge from the legal strategy discussions ---