(The Center Square) – After launching a probe into her peer last year, Spokane Valley Councilmember Jessica Yaeger said on Tuesday that she now faces a similar investigation over her use of social media.
Voters elected Yaeger and Councilmember Al Merkel to the council in November 2023, with both taking a seat on the dais in January 2024. Soon after, the two found themselves constantly at odds. Merkel’s use of social media to allegedly discuss city business was usually at the forefront, but now it’s Yaeger.
She filed a complaint against Merkel last year, which led to an independent investigation that found he “more likely than not” violated the state’s Public Records Act. A hearing examiner ultimately supported the findings, and now the dais is attempting to sue Merkel into compliance while requesting old posts.
Earlier this summer, a community member testified during one of the council’s meetings, accusing the officials of only going after Merkel for alleged violations of the social media policy and not Yaeger. She took issue with that on Tuesday, noting that she was the one who reported her own alleged violations.
“So you want to ask about a council member coming forward? It was me, because I told on myself, because I’m open and honest,” Yaeger said. “The bottom line is that, yes, there’s an investigation, but it’s because, as an adult, I want to make sure that if I’ve done something wrong, that I correct it.”
Communications Manager Jill Smith told The Center Square that the same Seattle-based law firm that investigated Merkel is now investigating his accuser. Yaeger said that after being accused on June 24 of using her personal account to discuss city business, she spent the next day reviewing every post.
Yeager said that she called City Manager John Hohman and Deputy City Clerk Patricia Rhoades on June 25 to give them all her posts. She had allegedly reposted something from her official city account on her personal account, which doesn’t tie into the Valley’s archiving system as required by local policy.
Smith said Yaeger can repost things across the accounts, but some posts are also related to Merkel.
According to a letter obtained by The Center Square, the investigator, Rebecca Dean, reached out to Bob West, who accused Yaeger on June 24. Dean asked West to submit examples of her social media posts that may violate the council’s policy, and he followed up by sending several examples to her.
Throughout his own probe and then thereafter, Merkel repeatedly denied assumptions that his posts are official public records. Yaeger has rejected his defense but raised similar concerns on Tuesday.
“I won’t do it again … but we’re looking at going down a really slippery slope here,” Yaeger said. “So one of the things I will be asking for through this investigation is to actually define city business.”
The city has spent hundreds of thousands of dollars investigating Merkel over his allegedly discussing official city business, and continues to do so while suing him. Yaeger noted when voting to sue Merkel that the lawsuit could cost taxpayers $250,000 or more; now she may swear off social media herself.
“We need to say no more — no more social media on this specific council, and it’s all because of the guy wearing orange at the end,” Yaeger said, referring to Merkel, who frequently wears that color.
However, it’s now her use of social media that is stirring controversy, although Smith argued that Yaeger is being transparent and that Merkel hasn’t complied with the Valley’s request for his official records.
Merkel denies this, claiming that the city keeps moving the goalposts whenever he sends something.
