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Whatcom County Council Committee of the Whole-Executive Session

WHA-CON-CTW-EXS-2026-03-17 March 17, 2026 Committee of the Whole Whatcom County 34 min
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Whatcom County Council met in executive session Tuesday morning to discuss legal strategy for defending three Sheriff's Office personnel named in a civil lawsuit. The 34-minute closed-door meeting resulted in unanimous approval to provide legal defense and indemnification for Sheriff Donnell Tanksley, Lieutenant Keith Linderman, and Detective Derek Jones in the case Samantha L. Robinson v. Whatcom County et al. The executive session, held pursuant to state law allowing confidential discussion of pending litigation, was brief but required one five-minute extension beyond the originally scheduled 9:10 AM conclusion. All seven council members attended and unanimously voted 7-0 to authorize the county's legal defense of the three defendants. The lawsuit, filed in Skagit County Superior Court under cause number 26-2-00233-29, involves allegations against the Sheriff's Office personnel, though the specific nature of the claims was not discussed in public session. The council's decision was based on three legal findings: that the defendants were acting in a matter where the county had an interest, were discharging duties imposed or authorized by law, and acted in good faith. This type of indemnification decision is routine for local governments when employees face litigation related to their official duties. The unanimous vote indicates council consensus that the defendants' actions fell within the scope of their employment and met legal standards for county protection.

**AB2026-189 - Defense and Indemnification Authorization** - Vote count: 7-0 (unanimous approval) - Motion by: Council Member Jon Scanlon - Second by: Council Member Elizabeth Boyle - Action: Approved defense and indemnification of Sheriff Donnell Tanksley, Lieutenant Keith Linderman, and Detective Derek Jones in Robinson v. What…

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The substantive discussion of this litigation matter took place entirely in executive session, closed to public view as permitted under RCW 42.30.110(1)(i) for discussion of pending litigation with legal counsel. No policy debate or deliberation was conducted in public session. The only public discussion involved the procedural mechanics of entering executive session and the formal motion and vote after returning to public session. Council Chair Kaylee Galloway explained the legal authority for executiv…
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**Council Members:** All seven members voted unanimously to approve the indemnification, indicating consensus that the legal standards were met. No individual positions or concerns were expressed in public session. **Legal Counsel:** Civil Deputy Prosecutor Jesse Corkern and attorney Kimberly Thulin were pre…
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Due to the executive session format, no substantive quotes were captured beyond procedural statements: **Chair Kaylee Galloway, opening the meeting:** "We have one item for committee discussion that is AB 2026-189. It's a discussion of pending litigation with Civil Deputy Prosecutor Jesse Corkin regarding Samantha L. Robinson via Whatcom County et al." **Council Member Jon Scanlon, making the motion:** "I …
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The council adjourned this executive session at 9:21 AM and immediately reconvened for a special meeting at 9:26 AM. No further action items or deadlines were announced regarding this litigation matter. The approved inde…

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Before this meeting, the three Sheriff's Office defendants did not have formal county authorization for legal defense and indemnification in the Robinson lawsuit. After the 7-0 vote, they now have full county backing for legal representation and defense costs. The county has committed to defending the lawsuit based on findings that the defendants acted …
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# Whatcom County Council Executive Session: Defense Authorization in Law Enforcement Lawsuit ## Meeting Overview The Whatcom County Council convened in executive session on Tuesday morning, March 17th, 2026, to discuss a single but significant matter: whether to provide legal defense and financial protection to three sheriff's office personnel facing a federal civil rights lawsuit. Chair Kaylee Galloway called the Committee of the Whole Executive Session to order at 8:47 a.m. in the county courthouse council chambers, with all seven council members present both in-person and via hybrid connection. This was a focused, business-like session with one agenda item: determining whether the county would defend Sheriff Donnell Tanksley, Lieutenant Keith Linderman, and Detective Derek Jones in a lawsuit filed by Samantha L. Robinson. The case, filed in Skagit County Superior Court, raised questions about actions taken by these law enforcement officers and whether those actions fell within the scope of their official duties — a determination that would dictate whether taxpayers would fund their legal defense. The meeting's brevity — just 34 minutes including a 28-minute closed executive session — belied t…
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### Meeting Overview The Whatcom County Council Committee of the Whole met in executive session on Tuesday, March 17, 2026, to discuss pending litigation and ultimately approved defense and indemnification for three Sheriff's Office employees named as defendants in a lawsuit. The meeting was closed to the public under state law provisions for discussing legal matters. ### Key Terms and Concepts **Executive Session:** A closed meeting where elected officials can discuss specific sensitive topics away from public view. State law (RCW 42.30.110) allows executive sessions for limited purposes including pending litigation, personnel matters, and real estate transactions. **Defense and Indemnification:** A legal protection where the county agrees to pay for legal defense costs and any damages if employees are sued for actions taken within their official duties. This protects employees from personal financial liability when acting on behalf of the government. **RCW 42.30.110(1)(i):** The specific state law that allows government bodies to meet in executive session to discuss pending litigation where discussion in public would be likely to result in an adverse legal or financial consequence to the agency. **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 and procedural flexibility while still requiring public notice and following open meeting laws. **Civil Deputy Prosecutor:** An attorney employed by the county to handle civil legal matters, as opposed to criminal cases. In this context, Jesse Corkern was advising the council on the litigation matter. **Good Faith Standard:** A legal principle requiring that public employees acted with honest intention and without malice when performing their duties. This is one of the criteria for determining whether the county should provide legal protection. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair, presiding over the meeting | | 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 | | Kimberly Thulin | Attorney | | Donnell Tanksley | Whatcom County Sheriff (defendant in lawsuit) | | Keith Linderman | Lieutenant, Sheriff's Offi…
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Government Operations AB 2026 189 Skagit County Superior Court Whatcom County Whatcom County Sheriffs Office Barry Buchanan Ben Elenbaas Derek Jones Donnell Tanksley Elizabeth Boyle Jesse Corkern Jessica Rienstra Jon Scanlon Kaylee Galloway Keith Linderman Kimberly Thulin Mark Stremler Civil Litigation Executive Session Indemnification Litigation