### Meeting Overview Whatcom County Council's Committee of the Whole met in executive session on Tuesday, April 14, 2026, at 8:30 AM to discuss pending litigation regarding a legal challenge to an initiative to repeal the Healthy Children's Fund tax levy. The session was closed to the public under state law provisions for attorney-client privilege discussions. ### Key Terms and Concepts **Executive Session:** A closed meeting where elected officials can discuss certain sensitive topics away from public view, specifically allowed under Washington State's Open Public Meetings Act (RCW 42.30.110). **Committee of the Whole:** The full County Council meeting as a committee, which allows for more informal discussion and procedural flexibility compared to regular council meetings. **RCW 42.30.110(1)(i):** The specific provision in Washington's Open Public Meetings Act that allows public bodies to meet in executive session to discuss litigation or potential litigation with their attorney. **Healthy Children's Fund:** A tax levy program that funds children's health and wellness initiatives in Whatcom County. **Initiative to Repeal:** A citizen-initiated ballot measure seeking to eliminate or overturn the Healthy Children's Fund tax levy. **Pending Litigation:** A legal case that has been filed but not yet resolved in court, in this case challenging the validity or implementation of the repeal initiative. **Attorney-Client Privilege:** The legal principle that allows confidential communication between attorneys and their clients, which justifies the closed executive session. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Jon Scanlon | Council Chair, presiding over the meeting | | Paul Lawrence | Council Attorney | | Kimberly Tillene | Attorney | | Elizabeth Boyle | Council Member | | Barry Buchanan | Council Member | | Ben Elenbaas | Council Member | | Jessica Rienstra | Council Member | | Mark Stremler | Council Member | | Cathy Halka | Clerk of the Council | ### Background Context The Healthy Children's Fund appears to be a tax-funded program supporting children's health initiatives in Whatcom County. A citizen initiative was launched to repeal this tax levy, but that initiative now faces a legal challenge. This type of litigation often centers on procedural issues—whether the initiative met legal requirements for ballot language, signature gathering, or other statutory requirements. Executive sessions for litigation discussions are common and necessary to protect attorney-client privilege while ensuring elected officials can receive confidential legal advice about strategy, settlement options, or case strength. The outcome of this litigation will determine whether the repeal initiative can proceed to voters or be invalidated. ### What Happened — The Short Version The County Council convened at 8:30 AM with six members present (Kaylee Galloway was absent). Council Chair Jon Scanlon called the meeting to order and immediately moved to enter executive session to discuss pending litigation about the Healthy Children's Fund tax levy repeal initiative with attorneys Paul Lawrence and Kimberly Tillene. The council unanimously voted 6-0 to enter executive session, initially scheduled until 8:40 AM. The session was extended once until 8:50 AM when it concluded. No public action was taken following the executive session, and the meeting adjourned with plans for the Finance and Administrative Services Committee to begin five minutes later. ### What to Watch Next • Monitor future council agendas for any public action items related to the Healthy Children's Fund litigation • Watch for updates on the status of the repeal initiative and whether it will appear on an upcoming ballot • Follow Finance and Administrative Services Committee meetings, as they may address budget implications of the litigation or the fund itself ---