5 days ago
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.
