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Real Briefings

Criminal Justice and Public Safety Committee

WHA-CJS-2026-04-28 April 28, 2026 Public Health & Safety Committee Whatcom County
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The Whatcom County Criminal Justice and Public Safety Committee advanced two major items during a marathon 3+ hour session that exposed significant tensions around emergency services oversight and jail project financing. The committee voted 7-0 to recommend an amended EMS oversight ordinance after stripping language requiring external audits of the system. More contentiously, they voted 5-2 to recommend a $239 million jail and behavioral care center budget framework, but only after extensive debate over 50/50 funding commitments and booking restrictions that highlighted deep divisions between county leadership and municipal partners. The EMS discussion centered on proposed language requiring independent external reviews that stakeholders viewed as duplicative and costly. Fire Chief Hank Mehling, speaking for the Chiefs Association, argued existing oversight through the state auditor and EMS Oversight Board was sufficient. The committee ultimately agreed, removing the audit requirement entirely at Council Member Ben Elenbaas's urging. The jail budget resolution consumed most of the meeting, with Council Member Barry Buchanan presenting a $205 million jail cap and $34 million behavioral care center framework. The discussion revealed fundamental disagreements about honoring the 2023 ballot measure's 50/50 funding promise between jail infrastructure and behavioral health services. Council Member Elenbaas repeatedly attempted to remove language requiring work groups to address the 50/50 commitment, arguing it created unnecessary delay and gates to project execution. His efforts largely failed, though he successfully streamlined some committee structures. Mayor Scott Korthuis of Lynden delivered pointed criticism at the meeting's end, expressing disappointment that the committee spent extensive time debating 50/50 funding splits while ignoring the cities' core request for no booking restrictions. He warned that cities were being asked to contribute an additional $18 mi

**AB 2026-291 (EMS Oversight Ordinance) - PASSED 7-0 with amendments:** - Amended to strike "fire" from external review language, clarifying the ordinance applies only to EMS levy funds, not independent fire districts - Stripped entire section requiring independent external reviews after Council Member Elenbaas argued existing oversight was sufficient - Vote: Passed 7-0 as amended, with Council Member Galloway voting no on the amendment to remove external reviews **AB 2026-340 (Jail Budget R…

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The EMS ordinance debate highlighted tensions between accountability and efficiency in public services oversight. Deputy Executive Arthur explained that stakeholders felt uncomfortable with vague language about external reviews, particularly unclear performance measurements and timelines. Council Member Galloway defended the language as consistent with county practice on other major funds, noting similar review requirements for the Healthy Children's Fund and public safety sales tax. However, Chief Mehling's testimony about existing state auditor oversight and recent improvements in the EMS levy office convinced the committee that additional reviews were unnecessary and costly. The jail budget resolution exposed deeper philosophical divides about project execution versus community engagement. Council Member Elenbaas argued passionately that excessive work groups and review processes were delaying a project already costing $25,000-$40,000 daily. He contended that 20+ years of community enga…
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**Fire Chief Hank Mehling (Whatcom County Fire 16, Chiefs Association President):** Opposed external audit requirements for EMS, arguing existing oversight through state auditor and EMS Oversight Board was sufficient. Noted recent improvements in EMS levy office operations and questioned spending on potentially unnecessary reviews. **Sheriff Bill Elfo (virtual):** Clarified that only the sheriff has authority to set booking restrictions, opposing language that would have committees "present definitions" to various bodies. Supported having discussions about booking restrictions but insisted sheriff must be the presenter, not recipient, of policy recommendations. **Mayor Scott Korthuis (City of Lynden):** Delive…
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**Council Member Ben Elenbaas, on project execution:** "Sometimes when you're at the execute stage, which is where we're at, because we are now at a stage where this is costing us money every single day, we just need to move forward with the trust and leadership that is there." **Executive Satpal Sidhu, on flexibility:** "More prescriptive you become, more difficult it becomes to carry it out. We should learn from just three years ago. We thought we had a done deal and we had implementation p…
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- Programming phase for jail design continuing, with final draft program document recently received from consultant - Council workshop planned for May once programming report is complete, separate from regular council meetings to allow deeper review - Summer timeline for operational costs analysis and third community engagement session - August county council meeting targeted for final jail program report and decision - Interlocal agreement renegotiati…

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After this meeting, the county has preliminary budget framework of $205 million for jail and $34 million for behavioral care center, providing concrete targets for design-build team programming. The EMS oversight structure was simplified by removing external audit requirements, reducing potential costs and bureaucratic layers. Committee structure for 50/50 work was streamlined by replacing Finance and Facility Advisory Board coordination with existing IPRTF/Law and Justice Council, avoiding creation of additional meeting layers. However, fundamental tensions remain unresolved. The 50/50 funding question was delegated to work groups rather than definitively addressed,…
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# Whatcom County Council's Criminal Justice and Public Safety Committee ## A $225 Million Jail Decision in the Making The Criminal Justice and Public Safety Committee meeting on April 28, 2026, will likely be remembered as a pivotal moment in Whatcom County's decades-long effort to build a new jail. After years of planning, community engagement, and mounting costs, the committee wrestled with two significant pieces of legislation that would shape the county's approach to both emergency medical services oversight and the massive jail construction project. The meeting, chaired by Barry Buchanan, stretched far beyond its scheduled adjournment time as council members debated the finer points of a resolution that would establish a preliminary planning budget cap of $205 million for the jail and $34 million for a Behavioral Care Center. What began as a routine committee session evolved into an intense policy discussion that exposed deep tensions about project scope, fiscal responsibility, and community trust. ## Emergency Medical Services Oversight Changes The committee began with what seemed like routine business—AB 2026-291, an ordinance amending county code sections governing the Emergency Medical Services (EMS) Oversight Board and Technical Advisory Board. Deputy Executive Arthur presented the item, explaining concerns from stakeholders about language requiring "establishing a process and timeline for an independent external review and evaluation of the EMS levy, EMS levy plan, and the countywide fire and EMS system." Council member Kaylee Galloway, who had championed the external review provision, acknowledged the feedback. "I have since communicated as well back to the stakeholders with certain background information," she said. "So I just kind of explained to them how it's becoming sort of a new normal with county funds, as we seek to improve systems of transparency and accountability with our constituencies." The discussion highlighted a broader trend in county governance toward external audits and evaluations. Galloway noted that similar provisions had been written into ordinances for the Healthy Children's Fund and public safety sales tax. However, Fire Chief Hank Mehling of Whatcom County Fire…
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### Meeting Overview Whatcom County's Criminal Justice and Public Safety Committee met on April 28, 2026 to discuss two major items: amendments to EMS oversight boards and a resolution establishing budget caps for the county jail and behavioral care center project. The jail resolution discussion dominated the meeting, focusing on a $205 million cap for the jail construction and $34 million for the behavioral care center. ### Key Terms and Concepts **Design-Build Process:** A project delivery method where one contractor handles both design and construction phases, streamlining the process compared to traditional design-bid-build. **Programming Phase:** The early design process where consultants work with stakeholders to define exact facility needs, including square footage requirements for different areas like housing, medical units, and support services. **EMS Oversight Board (EOB):** The governing body that provides oversight of Emergency Medical Services levy funds and operations in Whatcom County. **IPRTF/Law and Justice Council:** The Implementation Plan Review Task Force and Law and Justice Council, existing committees that coordinate criminal justice planning and implementation. **Booking Restrictions:** Policies limiting which types of crimes result in jail booking, used as a population management tool when jail capacity is constrained. **50/50 Split:** The voter-approved concept that approximately half of the public safety sales tax should fund jail infrastructure and half should fund behavioral health and other public safety services. **Finance and Facility Advisory Board (FAB):** A county advisory body that provides financial analysis and recommendations on major capital projects. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Barry Buchanan | Council Chair, resolution sponsor | | Kaylee Galloway | Council Member | | Ben Elenbaas | Council Member | | John Scanlon | Council Member | | Caleb Erickson | Chief Corrections Deputy, Sheriff's Office | | Kayla Schopessler | Deputy Executiv…
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Public Safety Budget & Finance Government Operations AB 2026 291 AB 2026 340 Chiefs Association City Lynden Design Build Team Finance Facility Advisory Board Iprtf Law Justice Council Sheriffs Office State Auditor Barry Buchanan Ben Elenbaas Bill Elfo Caleb Erickson Elizabeth Boyle Hank Mehling Jessica Rienstra Jon Scanlon Kayla Schopessler Kaylee Galloway Mark Stremler Satpal Sidhu Scott Korthius Behavioral Health Booking Restrictions Budget Finance Community Engagement Ems Oversight Fifty Fifty Funding Interlocal Agreement Jail Capacity Jail Planning Municipal Partnerships Performance Audits Project Execution Sales Tax Revenue Work Groups