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FOR IMMEDIATE RELEASE
September 25, 2024
Appeal Filed by Councilmember Al Merkel Tentatively Scheduled Before Hearing Examiner
City will not pay associated Councilmember legal expenses
SPOKANE VALLEY, WA — A public hearing is tentatively scheduled for Oct. 24, 2024, in response to an appeal filed by Spokane Valley Councilmember Al Merkel on Sept. 10, after a recent investigation found him in violation of the Spokane Valley Governance Manual and likely in violation of the Washington State Public Records Act. At the Sept. 24 City Council meeting, Councilmembers voted unanimously that Councilmember Merkel is not entitled to city-funded legal representation.
On Sept. 4, 2024, the City released the report of a third-party investigation which found that Councilmember Merkel violated the Governance Manual Social Media Policy by posting content related to the conduct of city government and/or his Councilmember duties on his personal Nextdoor account, rather than on an official City Councilmember account automatically archived for public records compliance. The report also found on a “more likely than not” basis - common terminology used in most non-criminal court trials - that several of Councilmember Merkel’s posts on his personal Nextdoor account are public records and, due to Merkel’s actions, are not able to be retained by the City to ensure Public Records Act compliance. The investigation was in response to an official complaint filed by Councilmember Jessica Yaeger on June 11, 2024.
On Sept. 10, Councilmember Merkel appealed the investigator’s findings to the city hearing examiner. The appeal hearing has been assigned case number APP-2024-0001 and is tentatively scheduled for Oct. 24, at Spokane Valley City Hall Council Chambers, 10210 E. Sprague Avenue, Spokane Valley.
Per Spokane Valley Municipal Code 2.70.040, whether a Councilmember is to be provided legal representation for claims against the Councilmember is determined by the City Council. At the Sept. 24 City Council meeting, Councilmembers discussed Chapter 2.70 SVMC, which details when the City can and cannot provide legal representation to Councilmembers. Pursuant to the city municipal code and state law, Councilmember Merkel was not allowed to participate in the discussion or vote due to a conflict of interest. The remaining six Councilmembers voted unanimously that Councilmember Merkel is not entitled to city-funded legal representation because SVMC 2.70.030 prevents the City from doing so for claims that Councilmembers violated city policy.
More details are available through a recording of the Sept. 24 Council meeting discussion and supporting Council documents.
MEDIA CONTACT
Jill Smith, Communications Manager
jsmith@SpokaneValleyWA.gov
c: 509-953-6695
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