Report: Spokane Valley councilmember violated city policy, potentially state law

(The Center Square) – The City of Spokane Valley announced Wednesday that an investigation found Councilmember Al Merkel violated the city council’s governance manual and potentially state law.

The investigation ensued following a complaint from Councilmember Jessica Yaeger in June over Merkel’s use of the social media platform Nextdoor. Merkel frequents the platform and uses it to engage with his constituency, but he said on a personal level, not for city business.

Spokane Valley issued a release on Wednesday highlighting this round of violations after another investigation found he violated the manual in April. This time, the city stated his account had crossed over into city business, which may have also violated the Public Records Act.

“Transparency and adherence to state laws is and always has been a priority for the City, and we are proud of our impeccable record over the years,” City Manager John Hohman wrote in a news release. “The Governance Manual provides the tools to allow Councilmembers to interact with constituents via social media while guaranteeing transparency, accountability to our taxpayers and strict compliance with the state Public Records laws.”

The investigation found that Merkel’s posts related to content that should have only been shared by an official city account, which is summonable by a public records request. The city claims his posts are public records, which Merkel denied, and must be archived per state law.

Potential violations of the PRA could subject the Valley to daily monetary penalties and attorney fees. According to the news release, the city has received 48 records requests into Merkel since he took office in January, with 12 specifically related to his social media use.

The release stated that topics discussed in Merkel’s posts that could warrant violations include:

“Discussions about City Council debatesComplaints about other Councilmember’s actions and positions on city businessCity investigations into formal allegations against MerkelMerkel’s opinions and positions on a variety of issues before the CouncilMerkel’s promise to address some followers’ questions about a specific city issueRequests for followers to send an email to his city email addressSurveys about city projects and the city budget”

Merkel has a week to appeal the findings to a hearing examiner before the council reviews the findings and takes further action if the majority decides to do so. However, Merkel told The Center Square that he wants his constituents to weigh in on the decision.

He said an appeal could lead to his day in court, which Merkel believes would end in a favorable outcome for himself. The issue, in his eyes, is the expense to his constituency.

Investigations, lawyers and the drawn-out legal process take time and tax dollars. The city has already spent money on two investigations; an appeal would make this even more expensive. Merkel asked citizens to email or message him on Nextdoor with their feedback.

In a poll posted to Nextdoor, Merkel asked whether he should accept the verbal reprimand, stop posting on social media, or appeal the findings, which he said could cost upwards of $30,000 in constituents’ tax dollars.

Deputy City Manager Erik Lamb confirmed to The Center Square that the Valley is not facing any lawsuit due to the potential PRA violations.

“Since Council Member [Rod] Higgins’ first attack on my use of Nextdoor, there has been a clear effort to undermine my free speech and efforts to communicate with constituents. This city administration is wasting taxpayer dollars on frivolous investigations and expensive lawyers,” Merkel wrote in a statement to The Center Square. “This is about silencing my criticism of this waste. I now ask the community: should I appeal, accept a reprimand, or explore other options? Every option is at your cost; I work for you.”