Whatcom County Council Committee of the Whole-Executive Session

## MODULE S1: STUDY GUIDE **Meeting ID:** WHA-CON-CTW-EXS-2026-02-10 ### Meeting Overview The Whatcom County Council Committee of the Whole held an executive session on February 10, 2026, to discuss two sensitive legal matters with county attorneys. The closed-door session focused on potential litigation related to Planning & Development Services and the comprehensive plan. ### Key Terms and Concepts **Executive Session:** A closed meeting where elected officials can discuss certain confidential matters away from public view, specifically authorized by state law for topics like legal strategy, personnel issues, and real estate negotiations. **RCW 42.30.110:** The section of Washington state law that allows local governments to hold executive sessions for specific purposes, including discussing potential litigation with legal counsel. **Civil Deputy Prosecutor:** An attorney who works for the county prosecutor's office and provides legal counsel to county departments and the council on civil (non-criminal) matters. **Planning & Development Services:** The county department responsible for land use planning, building permits, code enforcement, and implementing zoning regulations and the comprehensive plan. **Comprehensive Plan:** A long-term planning document required by state law that guides land use, development, and growth management policies for the county over a 20-year period. **Committee of the Whole:** A format where all council members meet together as a committee, allowing for more informal discussion before formal council meetings. **AB (Agenda Bill):** The numbering system used by Whatcom County to track agenda items, with the format AB-YYYY-### indicating the year and sequential number. **Hybrid Meeting:** A meeting format that allows participants to attend either in-person or remotely via video conference. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair | | Elizabeth Boyle | Council Member | | Barry Buchanan | Council Member | | Ben Elenbaas | Council Member | | Jessica Rienstra | Council Member | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | | Jesse Corkern | Civil Deputy Prosecutor | | Greg Greenan | Civil Deputy Prosecutor | | Kimberly Thulin | Council Attorney | | Cathy Halka | Council Clerk | ### Background Context Executive sessions are a critical but largely invisible part of local government operations. While Washington's Open Public Meetings Act generally requires government business to be conducted in public, the law recognizes that certain sensitive matters—particularly those involving legal strategy and potential litigation—require confidential discussion to protect the public's interests. This particular executive session dealt with two separate legal concerns involving the county's planning and development functions. Planning and development issues are frequently sources of litigation in local government, as they involve property rights, regulatory authority, and significant financial interests. The comprehensive plan, in particular, is a foundational document that shapes development patterns and can affect property values across the county. The fact that two separate deputy prosecutors were involved suggests these are distinct legal matters requiring specialized expertise. Executive sessions on litigation typically focus on assessing legal risks, discussing settlement possibilities, or developing litigation strategy—all discussions that could harm the county's position if conducted in public. ### What Happened — The Short Version The meeting began at 8:45 a.m. with all seven council members present. Chair Kaylee Galloway explained they would discuss two legal matters in executive session, as allowed by state law for potential litigation discussions. The first item involved Deputy Prosecutor Jesse Corkern discussing pending and potential litigation related to Planning & Development Services. The second item, added to the agenda by revision, involved Deputy Prosecutor Greg Greenan discussing potential litigation related to the comprehensive plan. Council Member Rienstra moved to enter executive session until 9:30 a.m., seconded by Council Member Scanlon. All seven council members voted yes to enter the closed session. The executive session ran longer than expected. At 9:28 a.m., Chair Galloway came back on the record to announce they needed more time and extended the session to 9:45 a.m. The session actually concluded at 9:46 a.m. No public votes or decisions were made during the executive session—such sessions are only for discussion and strategy development. The council then prepared to reconvene as the Finance and Administrative Services Committee at 9:51 a.m. ### What to Watch Next - Monitor future council agendas for any public action items related to these litigation matters - Watch for any formal legal proceedings filed against or by Whatcom County involving planning and development issues - Pay attention to upcoming comprehensive plan updates or amendments that might be affected by these legal discussions ---