Latest news with #SpokaneValleyCityCouncil
Yahoo
5 days ago
- Politics
- Yahoo
The city of Spokane Valley and Councilman Al Merkel destined for court following denial of settlement offer
Jun. 4—As the shouting match at the end of Tuesday's city council meeting indicated, it'll be up to the courts to put an end to the ongoing public records dispute within Spokane Valley's city hall. The Spokane Valley City Council voted 6-0 Tuesday to decline a settlement offer proffered by Councilman Al Merkel that would have ended the lawsuit the city filed against him earlier this year as an effort to get the councilman to comply with state and city records-keeping rules. Merkel was not allowed to vote due to the conflict of interest, and refused to leave the meeting for the discussion of the settlement. The lawsuit stems from last year's investigation into Merkel's activity on the social media platform NextDoor launched last June following a complaint from Councilwoman Jessica Yaeger that he was not keeping proper record of his communications on the platform related to city business. A third-party attorney found Merkel to be in violation of both the Washington State Public Records Act and relevant city policies, which eventually led to the council admonishing Merkel and removing his ability to represent the city on regional boards following a failed appeal attempt from Merkel. The council took the extraordinary measure of suing Merkel in February, stating the city still does not have complete copies or access to Merkel's NextDoor records despite the determinations from the investigator and the contracted hearing examiner who ruled on the appeal. If the city were found in violation of the state's public records act by not being able to provide Merkel's materials to the public, it would carry hefty court-ordered fines. Merkel has maintained the opposite; that he's provided everything even though he does not believe his social media use constitutes public records, and that the action is a "frivolous and politically-motivated lawsuit," not one intended to protect the city from legal ramifications. "I want to take it to court," said Mayor Pam Haley. "I want to get the answer, and I want to have it be in black and white." The meeting devolved into a raucous affair pretty quickly after City Attorney Kelly Konkright finished providing an overview of the terms of the settlement offer to the council, which, if approved, would would have led to the lawsuit being dismissed with prejudice. The city could not refile the same claim down the road for events before the settlement took effect. Merkel's settlement terms also dictated that the city would cover his legal expenses past, present and future, "as they pertain to this dispute," and that he and the city identify and agree on an "independent master" to review his social media and determine what activity constitutes a public record moving forward. The city would have had to foot the bill for the role, and Merkel would have been legally obligated to produce only the content the "master" deems to be public records, the settlement terms state. The discussion of the offer drew several Spokane Valley residents, who aired their frustrations with the council, with Merkel and with the general chaos and dysfunction that's dominated the Tuesday meetings since he joined the board at the start of 2024. Allegations and harsh feelings aimed at members of the council, city staff and audience peppered the comments regardless of what side of the dispute the individual supported. Haley made several warnings to the public to maintain decorum, and at one point, usually soft-spoken Deputy Mayor Tim Hattenburg visibly lost his temper as some of Merkel's most ardent supporters ridiculed a perennial critic of his during that individual's opportunity to speak. The raising of voices and flinging of accusations continued at the end of the meeting as Merkel took the opportunity to respond to the earlier denial of his offer during council comments. He said his settlement offer was not an admission of guilt, but was made "to stop the bleeding," and to "spare the public from more legal bills and more headlines, more dysfunction." The councilman also repeated his claims of being politically persecuted, of a conspiracy among city staffers to oust him from power and that he's provided the necessary social media access and records to the city. "They'd rather keep dragging the city through the mud, with lawyers laughing all the way to the bank," Merkel said. "Because, let's face it, they're the only winners here, the lawyers, not the residents, not the taxpayers, certainly not the reputation of this council." Merkel then took aim at one attorney in particular, Konkright, after he tried to counter some of Merkel's claims. Merkel grew increasingly frustrated after an attempt to interrupt Konkright's speaking time, which was denied by Haley. He then began arguing the case with Konkright, citing calls and emails he said counter the city's position and the attorney's remarks. Haley interrupted the back and forth with "Councilmember Merkel, allow other people to talk." "He's interrupting me," Merkel responded. "He's not an elected official." The heated exchange finally came to an end after Councilman Rod Higgins requested a point of order against Merkel for "trying to disrupt the meeting." Haley ruled in Higgins favor. A hearing to consider a motion to dismiss the lawsuit, filed by Merkel's attorney, is scheduled for July 18 in front of Spokane County Superior Court Judge Rachelle Anderson. It will be the first official hearing since the lawsuit was filed.
Yahoo
03-06-2025
- General
- Yahoo
Spokane Valley City Council to consider settlement with sitting member over public records lawsuit
Jun. 2—Spokane Valley's public records lawsuit against one of its sitting city council members could come to a close without a day in court if the council approves a settlement proposal this week. The Spokane Valley City Council will hear a settlement offer from Councilman Al Merkel Tuesday that would end the city's lawsuit against him — a monthslong legal dispute centered around the councilman's use of the social media platform NextDoor. The city opened an independent investigation into Merkel's NextDoor use last June following a complaint from Councilwoman Jessica Yaeger that he was using the platform as a form of city-related communication without keeping proper records of his activity. Rebecca Dean, a Seattle-based attorney who conducted the investigation, determined Merkel's use likely violated the state's Public Records Act and city code governing council members. Merkel has maintained that he does not believe his activity, whether posts, surveys or messages, constitute public records, and unsuccessfully appealed the investigation findings to the city's hearing examiner last fall. Citing a lack of compliance from Merkel following the investigation, and the hearing examiner's decision to uphold it, the Spokane Valley City Council voted to sue Merkel in February to force him to comply with open records rules. Merkel's fellow members on the city council voted unanimously to strip him of committee assignments, and to publicly censure Merkel — a formal condemnation for his actions — in a special meeting Dec. 19 following the appeal. The punishments are among the most severe available to the council when disciplining a fellow board member, and will remain in effect for the remaining three years of Merkel's term. The settlement offer, passed along by Merkel's attorney Patrick Kirby, comes just before the lawsuit was to appear before Spokane County Superior Court Judge Rachelle Anderson on July 18. If approved by the city council, the settlement would lead to the dismissal of the lawsuit with prejudice, meaning the city could not refile the same claim down the road for events before the settlement took effect. The city would also cover all of Merkel's attorney fees past, present and future, "as they pertain to this dispute," according to meeting materials including in the agenda for Tuesday. Merkel is also requesting the city come to agreement with him on appointing an "independent master" to review his social media and determine what activity constitutes a public record, and to have the city cover the costs of the role. Merkel would only be legally obligated to produce social media posts the "master" determined to be public records, the settlement terms state. The city would pay for an attorney to serve as the "independent master." The city already has a staff that is trained in public record's law to fill records requests, and the city covered the costs of two independent experts already for the investigation and hearing examiner proceedings. The settlement would preempt a court from weighing in on whether, or to what extent, Merkel's activity on NextDoor is a public record. It would also preempt a court from directing him to provide those posts and to comply with state law and city policies moving forward, which is highlighted as a potential concern in the meeting materials. "Both determined Councilmember Merkel violated the Governance Manual social media policy and did not comply with his good faith obligations under Washington case law," the agenda item states. "Councilmember Merkel did not adhere to those determinations, and thus it would remain to be seen whether he would adhere to a third independent attorney's determinations in this regard when not in his favor." City Attorney Kelly Konkright will brief the council on the offer from Merkel at its regular 6 p.m. Tuesday meeting.
Yahoo
08-05-2025
- Business
- Yahoo
More candidates enter local city council, school races as filing week nears end
May 7—While a couple days remain for interested candidates to throw their hats in the ring, it's already clear the Spokane Valley City Council will look a little different next year. And if one councilman has his way, the council may look drastically different. Councilman Rod Higgins, the longest continuous serving member of the board, said he does not plan to run for re-election. Higgins, 82, was appointed in 2013 and won the seat in an election later that year. He was re-elected in 2017 and 2021. The conservative council mainstay served as mayor of the Spokane suburb from 2016 to 2020. Higgins cited his age and a desire to get fresh perspectives and voices on the council in disclosing his decision not to seek re-election. "I can tell you firsthand, no, I don't think I'm Joe Biden, at least not in that bad of shape yet," Higgins said. "But I can feel that I'm losing a step and stuff, and it's time for somebody else to get in there." Two Spokane Valley business owners, each with prior campaign experience, launched their bids for Higgins' soon-to-be-vacated seat well before filing week, during which candidates across Spokane County declare their intentions to run for public office. Candidates have until 5 p.m. Friday to file to run for city councils, school boards, fire commissions and other local offices. Kristopher Pockell, a software engineer and co-owner of Elixir Sauce Company, and Mike Kelly, an entrepreneur who serves as chief financial officer for Salem, Oregon-based KT Contracting, each hope to win the open seat following the November election. Both ran for the state Legislature in the district encompassing the Valley last fall. Pockell unsuccessfully challenged state Rep. Suzanne Schmidt as an independent, while Kelly fell short in a race for an open Senate seat eventually secured by fellow Republican state Sen. Leonard Christian. Kelly, despite carrying endorsements from several local prominent Republicans, lost steam in his campaign after details of a 1990 drug arrest in his hometown of Portland came to light. Kelly was appointed to the city's planning commission last year by Mayor Pam Haley, after moving to the Valley in 2019. He owns and operates several property management and real estate holding companies, and has worked as a consultant, financial adviser, paralegal, investment counselor and a certified tax preparer. Pockell, a graduate of Spokane Valley's Central Valley High School, said he hopes to focus on supporting first responders, developing the region's economy and ensuring the Valley's infrastructure continues to match pace with the rapid rate at which the city has grown over the past two decades, if elected. Pockell's already started to prepare for the position, he said, by regularly attending council meetings and budget discussions, meeting with the current iteration of the council to come up to speed on big ticket items and through the lessons learned through his campaign last year. "It doesn't have to be as polarizing as you see on a national level," Pockell said of campaigning. "There's room for different voices at the table, and we learned a lot talking to people, learning what they care about and thinking about ideas to solve the problems that we all see all the time." On Wednesday, Lisa Miller, a member of the Spokane County Board of Equalization, became the third candidate vying for Higgins' open seat. While it's her first bid for office in Spokane County, the California transplant previously served two terms on a neighborhood council in Los Angeles. "I love my city and I love Washington State, and I would like to use whatever skills I have to help," Miller said. With experience as a law professor, an administrative hearing officer and general counsel for California Community Colleges, Miller said she has a wealth of legal knowledge to draw from. If elected, she would focus on "supporting public safety in a meaningful way," while maintaining her values as a fiscal conservative, she said. Miller catches as many council meetings as she can, and said she looks forward to connecting with voters on the issues they care about. She pointed to a lengthy debate about laws surrounding electric scooters in Spokane Valley at Tuesday's council meeting as an example of how civically minded Valley residents tend to be. "People really care in this town, and it doesn't really matter if it's a scooter or a tax increase, people care," Miller said. "And I do too." As for the remaining board seats on the ballot this fall, Spokane Valley City Councilwoman Laura Padden and Mayor Pam Haley have filed for re-election, as has Councilman Ben Wick. No one had filed to challenge Haley as of publication deadline, according to state records, but Padden and Wick will have to contend with candidates backed by one of their fellow board members. Councilman Al Merkel won't be up for re-election until 2027, but that hasn't stopped him from getting involved in the 2025 races early. Chaos and controversy have plagued the council since Merkel's arrival, as he's repeatedly butted heads with the board over construction projects, grant applications and the complaints and investigations related to him. Last May, an independent investigator found Merkel repeatedly disrespected city staff and fellow board members, often engaging in "intimidating behavior." In a later, separate independent investigation, Merkel was found in violation of state law and city code regarding public records for his social media activity. Those findings were later upheld by the city's hearing examiner following an appeal by Merkel, and are the basis of a lawsuit the city launched against him earlier this year that alleges he is still not in compliance with state law. After months of failing to find common ground with his peers, Merkel recruited candidates to replace them. Wick, a councilmember from 2012 to 2015 before rejoining the council in 2017, has drawn a challenge from Daryl Williams, an employee of Fairmount Memorial Park who goes by "The Karaoke Guy" while operating his local karaoke pop-up business. Williams, 74, said he has always had an interest in politics and local government and thinks "there is room for improvement" on the Spokane Valley City Council. He believes his general demeanor and approach could help alleviate some of the tension and communication issues between council members, issues that have plagued the board since Merkel joined in January 2024. The West Valley High School graduate added that Merkel encouraged and helped him file to be a candidate for the position. "You're there to represent the people who voted for you, not to pat yourself on the back," Williams said. "I just want to get involved in my community." Merkel's also helped Brad Hohn, manager of the salvage yard High Mountain Horsepower, in his attempt to unseat Padden. Hohn said the council members are good people "for the most part," but he believes they "are losing focus of what the people really want." As an example, he does not believe the city is prioritizing the right infrastructure projects, pointing to the lack of completion of an overhaul of the Trent Avenue and Sullivan Road interchange that's been in the works for years. "You get a lot of people who complain about many different things, or how things should be ran, but yet they don't vote or try to do anything themselves," Hohn said. "It's put up or shut up, you know?" City of Spokane The Spokane City Council will have three seats on the ballot this fall, which continued to draw more prospective candidates as filing week stretched on. The South Hill is home to the only open seat, which is being vacated by Councilwoman Lili Navarrete. The race included two candidates as of Wednesday evening: Alejandro Barrientos, chief operating officer at SCAFCO Steel Stud Company, and Kate Telis, a former deputy prosecutor in New Mexico. For the seat representing northeast Spokane, incumbent Jonathan Bingle filed for re-election and is being challenged by social justice advocate Sarah Dixit, organizing director for Pro Choice Washington and co-chair of the Spokane chapter of the Asian Pacific Islander Coalition. Northwest Spokane Councilman Zack Zappone has a pair of challengers as he seeks reelection: private cigar lounge co-owner Cody Arguelles and Meals on Wheels board member Christopher Savage. The city's three municipal court judges, Kristin O'Sullivan, Mary Logan and Gloria Ochoa-Bruck, each filed for re-election Monday. As of Wednesday evening, Logan was the only to draw a challenge — from former Spokane City Attorney Lynden Smithson. Smithson oversaw the prosecuting side of the office before taking on the top role in an interim capacity in 2022. The council named him city attorney in 2023, a role he held until Mayor Lisa Brown took office in January 2024. Local school districts In the county's largest district, Spokane Public Schools, all four board members in seats up for re-election have filed to retain their seats. Incumbents Nikki Otero Lockwood, Hilary Kozel, Nicole Bishop and Jenny Slagle have yet to draw a challenge in their respective races. East of the county seat, Spokane County GOP Chair Rob Linebarger and Dr. Allen Skidmore, who has a family medicine practice in the Valley, are hoping to join the Central Valley School District. The positions' incumbents, Pam Orebaugh and Tere Landa, respectively, have yet to file for re-election. Beata Cox, Jonathan Horsle and Mike Bly, board members of the East Valley School District, have all filed for re-election and have yet to draw a challenger. Local Subway store owner Carolyn Petersen, who lost a bid to current district 3 seat holder Justin Voelker in 2021, is the sole candidate who's filed for the position as of Wednesday evening. The West Valley School District did not have a contested race as of publication. Incumbents Bob Dompier and Pam McLeod have filed to retain their positions, according to state records. The Mead School District's five-member governing board has two seats up for election this year, and Vice President BrieAnne Gray was the sole candidate to have filed by end of day Wednesday. Gray is seeking re-election for the first time. In southwestern Spokane County, incumbent Elizabeth Winer will contend with Jessica Davis, owner of Airway Heights eatery Wolffy's Breakfast Burgers and Brew, for a seat on the Cheney School District's governing board. Kyle Belock, husband to Cheney City Councilwoman Jacquelyn Belock, filed to run for a separate seat on the board Wednesday.
Yahoo
03-04-2025
- Politics
- Yahoo
Proposed Spokane Valley sales tax to boost police moves a step closer to voters
Apr. 2—The Spokane Valley City Council Tuesday overwhelmingly shared a desire to let residents decide if they want to pay higher sales tax to support more police. But the members of the public who spoke at Tuesday's meeting shared a wide range of reasons they support, and oppose, the effort to place a .01% sales tax measure on the ballot this fall to secure funding for an increase in the city's law enforcement. Spokane Valley has long been considered a conservative stronghold, electing predominantly Republican or Republican-backed candidates to the city council and the state Legislature since the mid-1990s. City leadership has taken the fiscal and law enforcement aspects of the ideology to heart, highlighted by the council's 16-year-streak of voting against property tax increases and its ongoing efforts to bolster the Spokane Valley Police Department. Those values have come head-to-head as the city enters phase two of its bid to hire more deputies dedicated to Spokane Valley. They'd like to hire four patrol deputies, a behavioral health deputy, a school resource officer and a sexual assault detective that would split time with the sheriff's office, but need to secure a funding source. The council held a public hearing Tuesday on the plan for a funding source: a .01% sales tax within city limits that would generate an estimated $2.6 million annually. The city council voted 6-1 to advance an ordinance that would put the measure on the ballot for the August 5 primary election, but a final call on whether the question will be put to the voters won't be made until April 15. If approved, the measure would increase the city's sales tax to 9% as of January 1, 2026, and the revenue generated would be dedicated to costs associated with providing public safety services, including "adding new police officers; paying public safety operations, maintenance and capital; providing for law enforcement staffing and retention," according to the current draft of the measure. State law does allow for a portion of the proceeds to go to other city costs, which is noted in the draft. Noticeably missing from the current iteration of the proposition is a sunset date for the tax. Councilman Al Merkel appeared to take issue with the omission of an end date and said he believes the city should find other ways to cover the costs, like cutting other services, before putting it to the voters to decide. He is supportive of the efforts to bolster dedicated police staffing by 25 deputies called for in a consultant's 2023 analysis but believes those additions should be funded in their entirety first, then the city can find necessary cuts in the budgeting process. "Policing is the one critical service that the city provides, and we should fully fund it with the revenues that we have now and then come to the citizens if we need revenues for like-to-haves, instead of needs," Merkel said. Merkel's peers expressed a desire to have voters decide if they would be willing to foot the bill for additional law enforcement positions. Councilman Ben Wick said he opposes additional cuts to city services and highlighted the limited options to secure funding necessary to boost police staffing. The council redirected funding from streets, city staffing and parks projects to hire 10 new dedicated deputies last year, and could look to end the city's pool and swim programs, parks maintenance and economic development efforts to fund the next round of officers if the measure does not pass, said Deputy City Manager Erik Lamb. Other options to secure the funding would include property or utility tax increases, or additional business license fees, according to a city staff report. "There are a number of other priorities that we're trying to accomplish for the city; economic development, for instance, helps all of our other jurisdictions," Wick said. "The property taxes for the library, fire: all of those are done and increased because of our economic development." Mayor Pam Haley echoed Wick's sentiment, highlighting that the city's aquatics program helps save lives, and that she does not want to be forced to make cuts to it. Members of the public who testified at the meeting in opposition to the measure were disgruntled with paying additional taxes in the city, while others cited concerns that additional police staffing would not address the city's public safety needs. Those in the former crowd said they'd like to see the city find additional cost cutting measures, while those in the latter shared a desire to see investments addressing underlying contributors to criminal behavior, like a lack of housing, jobs and social services. Pat Dempsey, vice chair of the citizen's advisory board at the sheriff's office, was one of few who testified in support of the measure. She said she also would like investments made in regional services for homeless people and those struggling with addiction, which is why she appreciates that one of the proposed deputy positions would be paired with a social worker. "This is a way that we help support our homeless, which is one of our biggest issues in this county, in the city, is to help bring the support to the actual people that are homeless," Dempsey said. "These combinations of social workers and deputies together are doing a great job." Councilman Rod Higgins reiterated for the public and his peers that Tuesday's vote only advanced the proposal to a second reading next week as the board continues to mull it over. "Let's not get ahead of our skis here," Higgins said.
Yahoo
03-04-2025
- Politics
- Yahoo
Spokane Valley passes 'not a sanctuary city' resolution meant to show allegiance to Trump
Apr. 2—The Spokane Valley City Council voted Tuesday to reaffirm the municipality is "not a sanctuary city," in what was likely the most well-attended and raucous meeting of the year. Tuesday's meeting at Spokane Valley City Hall had two banner issues on the agenda that drew supporters and detractors from across the Inland Northwest: a public hearing on a public safety sales tax the council is considering and a vote on a resolution seeking to reiterate the city's stance on immigration for a federal audience. The latter item, approved in a 5-2 vote, replaces an invalid 2016 resolution approved by the council before state legislators passed the Keep Washington Working Act, which supporters said sought to prevent disruptions to the state's economic sectors that largely rely on immigrant labor, like agriculture. Councilman Ben Wick and Deputy Mayor Tim Hattenburg were the two nay votes. In passing the act, the Washington Legislature determined it is not the primary purpose of law enforcement, and a misuse of local resources, to enforce federal immigration law. Local police departments and sheriff's offices are only allowed to assist or share information with federal agents in limited circumstances since the law took effect in 2019. While its previous iteration was more direct in compelling the city's police force, which is contracted from the Spokane County Sheriff's Office, to assist federal forces with immigration enforcement, the resolution will not lead to any practical changes in how city staff members or sheriff's office deputies within city limits conduct their duties, said Deputy City Manager Erik Lamb and Undersheriff Dave Ellis, chief of the Spokane Valley Police Department. Instead, its purpose was to send a message to President Donald Trump that the council does not agree with the state's sanctuary law, said Councilwoman Jessica Yaeger, the board member who brought the resolution forward. "Quite frankly, it's because we put grants out there all the time, and what it means is we will not have money that comes to this city, in this state, because we are a sanctuary state," Yaeger said. Yaeger said she and fellow council members Laura Padden and Mayor Pam Haley were discussing the resolution with White House officials in their advocacy visit to the nation's capital last week, and that without it, the city "will not get millions upon millions of dollars for the roads you drive on, for other grants that come to our city that actually feed hungry mouths." The majority of residents at the meeting, hailing from within Spokane Valley's borders and from neighboring towns, testified in opposition to the resolution. They voiced concerns that the measure would condone discrimination against immigrants and people of color residing and working in Spokane Valley, and is naked political posturing and could lead to a costly legal battle. Haley had to make multiple warnings that she would end public comment if decorum was not upheld as the crowd clapped, snapped and laughed, at times, during the meeting. "I can tell you that there is great fear already among the immigrants and refugees who are here legally," said Christi Armstrong, executive director of World Relief Spokane. "... World Relief wants to be a part of the solution, but I just think that putting those words that Spokane Valley is not a sanctuary city is really, really hurtful." Yaeger admonished members of the public who said or insinuated the resolution would send the wrong message to marginalized communities, stating that they were the ones who brought "skin color" up and that she was trying to protect young women and "prevent an issue like Laken Riley." The 22-year-old was murdered in Athens, Georgia, by a Venezuelan illegal immigrant, and has become the namesake of a federal law seeking to tighten detention requirements for immigrants who commit crimes. Her death has become a rallying cry among conservatives critical of the prior administration's handling of immigration and border security. Yaeger also decried those same speakers for the lack of positive statements and "standing up to thank us" for code changes the council is considering to crack down on illicit massage parlors and sex trafficking. "How can you guys say that you're defending women and defending minorities when these women are being sex-trafficked and raped every day of their lives," Yaeger said. Councilman Al Merkel said while he does not support the resolution since it lacks any real teeth and is a "complete political waste of time," he heard from multiple Valley residents ahead of the meeting who desired it, so he voted in favor. "I'm saddened to hear that we were discussing this with the White House, because if this is what the White House thinks we spend our time on, that's a little disappointing," Merkel said. He added that his mother is from Honduras and said he doesn't believe racism is driving immigration policy. He said would have preferred an ordinance that allowed for more enforcement. Haley pushed back on Yaeger's characterization of the resolution's timing and purpose, saying she did not think it had "anything to do with politics," and was simply an update to the resolution to correct the sections invalidated by the Keep Washington Working Act. "It has to do with making our resolution that was passed in 2016 comply with both the federal law, which has changed, and the state law, which has also changed since then," Haley said. "This particular resolution allows us to comply with both. It doesn't give a directive to our police to do anything."
