FOR IMMEDIATE RELEASE
February, 5, 2025

MEDIA CONTACT
Jill Smith, Communications Manager
c: 509-953-6695, jsmith@SpokaneValleyWA.gov

Spokane Valley to Take Legal Action Against Councilmember Albert Merkel

SPOKANE VALLEY, WA— At the Feb. 4, 2025, Spokane Valley City Council meeting, Councilmembers voted unanimously (6-0) to direct the city manager to initiate legal action against Councilmember Albert Merkel. Councilmember Merkel was not allowed to participate in deliberations or vote on this item due to his conflict of interest in the outcome.

The objective of this action is to compel Merkel to comply with the Washington State Public Records Act and the Council’s Governance Manual in his use of social media, cell phones, emails and other records that constitute public records. This compliance is necessary to ensure the City adheres to state law and can adequately fulfill Public Records Requests from third parties, thus reducing the city's potential legal and financial risks.

In the past year, the City has received over 60 requests for public records associated with Councilmember Merkel but has been unable to fully respond to any of these requests related to social media as Councilmember Merkel has not provided the requested records. Three attorneys, including the city attorney, a third-party legal investigator, and a hearing examiner, have determined that much of Councilmember Merkel’s social media content related to city business is indeed public records and subject to the Washington State Public Records Act. However, Councilmember Merkel has expressed his disagreement with these legal interpretations.

City Manager John Hohman reviewed a timeline related to Councilmember Merkel’s public records, which included ongoing training and communication, a third-party investigation and a recent public hearing.

“Transparency and adherence to state laws are non-negotiable,” said City Manager John Hohman. “We wish the City did not have to take this drastic step, but Councilmember Merkel has put our City at serious financial and legal risk, and we must minimize liability and protect our taxpayers.”

The Washington State Public Records Act requires all city records created or used by staff and/or elected officials in furtherance of their official city duties to be retained and made available upon request. Violations of the Public Records Act may subject municipalities to significant liability, including daily monetary penalties and attorney’s fees, and can erode public trust and reduce accountability.

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