Call to Order
Roll Call
Council Chair Kaylee Galloway called the meeting to order at 9:32 a.m. in a
hybrid meeting.
7 -
Present:
Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica
Rienstra, Jon Scanlon, and Mark Stremler
Announcements
Discussion and Action
1.
Ordinance amending Whatcom County Code Chapter 2.56, Defense and
Indemnification of Employees, to include reservation of rights and reimbursement
Scanlon moved to adopt the ordinance. Boyle seconded the motion.
Elenbaas explained why he brought forward the ordinance, stating that the
Council is often asked to make decisions on defense and indemnification
issues and the ordinance allows the county to try to recoup money spent on
defense if a court later determines the party was not acting in good faith and
in accordance with their jobs.
Boyle asked legal counsel if there were any concerns about the ordinance.
Kimberly Thulin, Prosecuting Attorney’s Office, stated that there are no
concerns. She said the Washington State Risk Pool suggested that Council
add a statement about what happens when the county decides to make a
payment independent of the Risk Pool.
Galloway asked if such a change would be substantive.
Thulin stated that it would be a clarifying change that is consistent with the
intent of the ordinance and, therefore, not substantive.
Galloway suggested that new language for 2.56.045(A) could read as
follows: When the County provides legal defense or reimbursement of
legal expenses to an officer, official, agent, or employee under this chapter,
independent of the Washington State Risk Pool, such defense may be
provided subject to a reservation of rights.
Scanlon stated that he believes there are times where the county continues
to provide a legal defense for an employee but the risk is taken on by the
Risk Pool rather than the County. He said he wants to make sure the
proposed change matches the intent.
Elenbaas stated that he understands the intent of the proposed change, but he
