Spokane Valley Councilman Al Merkel Found in ‘Possible Violation’ of Public Records Act

An investigation into Spokane Valley Councilman Al Merkel’s social media platform has found he “likely violated Washington’s Freedom of Public Records Act.”

Councilwoman Jessica Yaeger filed the initial complaint against Merkel earlier this year after she noticed he was using the social media platform Nextdoor as a form of city-related communication without proper software to document posts. That meant posts that might otherwise be classified as public record were not recorded.

“We have that right under our laws — to request documents from our government,” Yaeger said. “So he disobeyed that and conducted business on his Nextdoor account.”

The investigation found that Merkel conducted surveys on city projects and solicited comments from her supporters on budget proposals and homelessness.

Leaking potential public documents in this way exposes the city to significant financial risk, said Deputy City Manager Erik Lamb.

“The Public Records Act is a very strong mandate that is designed to make sure that government is transparent and that people know what’s going on,” Lamb said. “To that end, the Public Records Act provides significant financial penalties for violations.”

An investigation by an independent lawyer has found that some of Merkel’s posts on Nextdoor are “most likely” public documents and have not been properly archived.

Merkel says the line between a personal and official social media post is blurry. He said the investigation only reflects the opinion of an outside attorney and that he believes it does not violate the Public Records Act.

“What does that mean – I was deemed ‘likely’,” Merkel said. “Why is the opinion of a paid city consultant important?”

Yaeger takes issue with Merkel, who has failed to comply with what she described as a “really simple requirement.”

“All he had to do was use (the post logger) on his account,” she said. “This isn’t a free speech issue. This is about being accountable to voters to be transparent about your business, and that’s what the law requires of us.”

Merkel has seven working days to appeal the investigation’s findings.

The Council can take action against Merkel, such as an oral reprimand, a public reprimand or removal from a Council-appointed committee, once the appeal deadline has passed if she does not file an appeal.

Merkel said that while he would gladly recant, he sees the conflict as political theater played out at the expense of citizens. He published a poll on Nextdoor as well as his own website to find out which path citizens would prefer him to take.

City authorities reported that the invoice for the investigator’s services had not yet arrived.

In reference to existing public records requests relating to Merkel’s social media, Lamb said the city will take “really all the actions that are needed to make sure that we comply with the Public Records Act and national law.”

“It’s a fundamental principle and belief of the city,” Lamb said. “To follow the law, to be open and transparent and to make sure that people who request public records get those public records.”