South Bend holds dubious executive session

Published 8:25 am Sunday, March 1, 2026

By Jeff Clemens/For the Observer

A February executive session at South Bend City Hall does not appear to have complied with state law. (Laura Musikanski/Wikimedia Commons)

SOUTH BEND — The South Bend City Council and mayor held an executive session in February that appears to have violated state rules that specify when elected officials can withdraw from public scrutiny.

South Bend Mayor Bethany Barnard on Feb. 9 took a discussion regarding an unspecified ordinance into executive session for what was initially stated to be for 15 minutes and ultimately lasted closer to 30 minutes.

Councils are not allowed to discuss ordinances out of public view in executive sessions. Barnard told some who questioned the move that it was because the council was talking about a “legal issue.”

Under state law RCW 42.30.110, councils can speak about pending legal matters with legal counsel only “when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.”

The key to a legal discussion in executive session is that legal counsel must be present in order for the discussion to fall under attorney-client privilege, which is vital to meeting the standard of the law.

According to sources and meeting minutes, legal counsel was not present during the regular meeting or during the executive session on Feb. 9.

The Observer reached out to Barnard via email about the issue.

“The executive session was not regarding the ICE resolution,” Barnard said. (See related story) “That discussion happened earlier on the agenda. The discussion was regarding a potential ordinance, but no action was taken per RCW requirements.”

Barnard copied City Clerk David Johnson to her response. He did not provide additional details about the situation.

The current matter somewhat mirrors that of Pacific County Commissioner Lisa Olsen, who was challenged by a group of citizens who argued she and colleagues held illegal executive sessions in the process of deciding whether to separate the jail from the sheriff’s office. An unsuccessful recall petition, which was later shot down by the Washington Supreme Court, accused her of taking part in executive sessions where legal issues were discussed without any legal counsel present.

The Washington State Open Public Meeting Act lists specific criteria allowed for executive sessions. In general, public bodies must err on the side of full public openness and disclosure except for the narrow exceptions carved out by the law.