WHATCOM — The Whatcom County Council considered and ultimately approved a new 0.1% sales and use tax for criminal justice purposes after a public hearing held on April 14.
A preliminary discussion was first held with the county council during the Feb. 24 meeting, with an understanding that the county executive would bring forth an ordinance at a later meeting.
According to a staff memo, rising costs within the criminal justice system are creating pressures on the 2027-2028 biennium budget. Existing revenue sources are unable to keep up with labor costs and inflation, as revenues sources are projected to grow more slowly.
“Further, the county has already initiated critical services — most notably expanded jail medical services — without a designated, sustainable revenue source,” the staff memo states. “This revenue is needed, not to launch new programs, but to sustain obligations already underway and prevent a more rapid deterioration of the general fund trajectory.”
The sales tax is expected to bring in about $6.5 million to $7 million and could be used to offset operating obligations, such as jail health and food services, sheriff’s office lease and criminal justice labor costs across several departments. Revenue collection can begin July 1.
The public hearing came with mixed feelings, with some saying it should help a broader range of services and that the tax is needed to fund various programs while others said they don’t trust the government to not squander the funds and that it should not be threatening cuts to the sheriff’s department should the tax not pass.
After holding public comment, council voted 5-2 to approve the new tax, with council members Mark Stremler and Ben Elenbaas voting against it. Stremler and Elenbaas then voted on a separate ordinance to instead send the tax increase to the voters. That ordinance did not pass, as the five other council members voted against it.
However, the county’s attorney advised that the council does not have the authority to put the tax on the ballot in this specific instance. Elenbaas and Stremler said they disagreed with the interpretation.
“We want to have the voters of Whatcom County decide if they want to pay this or do they not want to pay this tax,” Stremler said. “That’s the bottom line.”
According to a presentation from Deputy Executive Kayla Schott-Bresler, had the tax not passed the county would need to cut millions of dollars across all county departments. Even with the tax, some modest cuts will still need to be made.
Here are key takeaways:
• What it costs you: The tax adds 10 cents to every $100 purchase, amounting to about $25 to $45 annually for the average Whatcom County family.
• When it starts: The tax takes effect July 1 and could raise $6.5 to $7 million annually for the county.
• Why the county says it’s needed: County Executive Satpal Sidhu called the tax a “crucial step toward fixing the structural imbalance in the county’s annual budget.” Without it, the county faces a $12 million deficit by 2028 and potential cuts to the Sheriff’s Office, courts and Prosecutor’s Office.
• No public vote — for now: A companion advisory referendum failed 2-5. A voter referendum under state law isn’t allowed until 2028, according to Deputy Prosecutor Kimberly Thulin.
• Where the money goes: Funds will pay for health and food services at the county jail, a lease on a new Sheriff’s Office building and labor costs.
My opinion? Criminal justice sales taxes (often known as public safety sales taxes) are a specialized tax, such as the 0.1% increase recently implemented in several Washington state jurisdictions. Whether they are considered “good” or “bad” depends largely on whether the need for immediate funding outweighs concerns about equity and tax fairness.
Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
