### Meeting Overview Whatcom County Council's Finance and Administrative Services Committee met on Tuesday, April 14, 2026, chaired by John Scanlon. The meeting became dominated by a contentious discussion about legal authority to put a proposed criminal justice sales tax to a mandatory public vote, with significant tension between council members and legal counsel. ### Key Terms and Concepts **Criminal Justice Sales Tax:** A proposed 0.1% (one-tenth of one percent) sales and use tax authorized by state law (RCW 82.14.345) specifically to fund criminal justice purposes like sheriff's operations. **Attorney-Client Privilege:** Legal protection that keeps communications between attorneys and clients confidential, which the council voted to waive for specific legal advice about the tax proposal. **Mandatory vs. Advisory Vote:** The difference between a binding vote that forces council action versus a non-binding vote that simply gauges public opinion on an issue. **Consent Agenda:** A group of routine items that can be approved together with one vote unless a council member wants to discuss or remove an item. **RCW 82.14.345:** The specific state law that authorizes counties to impose this type of criminal justice sales tax, with different rules before and after 2028. **Healthy Children's Fund:** County program that provides funding for childcare infrastructure and services, funded through dedicated tax revenue. **Flood Control Zone District:** Special purpose district that manages flood control projects and has its own budget authority. **FLIP Steering Committee:** Group working on flood mitigation projects following December flooding in the county. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | John Scanlon | Committee Chair | | Ben Elenbaas | Council Member | | Mark Stremler | Council Member | | Barry Buchanan | Council Member | | Jessica Rienstra | Council Member | | Elizabeth Boyle | Council Member | | Kaylee Galloway | Council Member (absent) | | Kimberly [Last name not provided] | Attorney for Council | | Sarah Simpson | Health and Community Services, Children and Family Program Supervisor | | Eric Chambers | Health and Community Services | | Julie Anderson | River and Flood Manager | ### Background Context The county faces budget pressures, particularly for criminal justice services including the sheriff's office lease. A proposed 0.1% sales tax could generate needed revenue, but council members disagreed about whether they have legal authority to require a public vote before imposing the tax. Under state law, after 2028, such taxes automatically require public approval, but the interpretation of current law became contentious. The December 2025 flooding created ongoing recovery and mitigation work, with multiple agencies coordinating through committees and grant funding. Meanwhile, the county's Healthy Children's Fund continues expanding childcare capacity, with new projects like the Samish Commons facility serving Spanish-speaking families. ### What Happened — The Short Version The committee quickly approved eight consent agenda items totaling millions in contracts and agreements. However, the meeting became consumed by a heated debate over legal authority to put the criminal justice tax to voters. Council Member Elenbaas challenged legal counsel's opinion that a mandatory vote wasn't legally permissible, arguing the law was ambiguous. Legal counsel defended their analysis citing specific case law. The council voted to waive attorney-client privilege to have this discussion publicly. Tensions escalated significantly, with the chair ultimately cutting off debate and defending staff from personal attacks. Several other agenda items weren't discussed due to time constraints. ### What to Watch Next • Evening public hearing on three versions of the criminal justice sales tax proposal • Potential consideration of an advisory vote proposal by council members Elenbaas and Stremler • Follow-up flood recovery update promised at a future committee meeting • Criminal Justice and Public Safety Committee meeting to discuss jail issues ---