(The Center Square) – The city of Spokane Valley reminded Councilmember Al Merkel on Tuesday what state law expects of him after the municipality spent over $235,000 last year addressing his actions and alleged misconduct.
Merkel took office last January after unseating former Councilmember Arne Woodard, who sat on the dias longer than anyone else in Valley history. Merkel managed to capture 65% of the vote, but since then, has been the subject of constant controversy.
Last month, the Spokane Valley City Council censured Merkel and removed him from his only committee after a hearing examiner supported findings that he violated city policy and “more likely than not” state law.
According to council documents, addressing Merkel’s actions cost the city more than $235,000 last year. Over 50% of that was related to his alleged violations of the state’s Public Records Act, which the hearing examiner supported in December.
“You got to be careful,” City Attorney Kelly Konkright said Tuesday. “You may have a subjective interpretation of whether or not that’s a public record, but I think you all know this: it’s not our determination that mattered, it’s not even mine, it’s the judge; if you get to a judge.”
The Public Records Act, or PRA, requires the city to maintain what might be deemed a public record and make it available to the public upon request. The Open Public Meetings Act, or OPMA, which they also discussed on Tuesday, requires that all government meetings with a quorum present be made public.
While Konkright noted they regularly hold the instruction for the council, he and others on the dias have continually highlighted Merkel’s repeated need. Merkel acknowledged that the training is usually routine but told The Center Square he felt like the city directed this one at him.
He said Tuesday was at least his fourth time receiving PRA training from the city. Merkel asked Konkright about campaigning. Shortly after taking office, he started the reelection process to protect his ability to question the council’s decisions in public, or, in his case, Nextdoor, a social networking service for neighborhoods.
Merkel regularly uses Nextdoor to discuss what’s going on with the Valley and council. He said this is personal campaigning to communicate with constituents about their thoughts on the city.
Konkright said the nature of the content matters, adding that a campaign setup doesn’t exempt all those posts or communications from the PRA. He said true campaign materials are exempt, but that label can’t be stamped on everything; it’s up to the judge.
“I’ve been through many trainings as well because a lot of my boards do this every year because it’s a huge financial risk if we don’t comply with the PRA,” Mayor Pam Haley said. “I have never heard anyone say if it’s campaign-related, it’s not a public record.”
Haley agreed that the nature of that content matters regarding the PRA. She said the taxpayers who fund the government are at risk, not the council, because the residents ultimately have to foot the bill.
“I’ve been campaigning for us to have a different city the whole time I’ve been in office; that’s why I have a campaign setup,” Merkel told The Center Square. “Now it’s all confusing because my Nextdoor essentially says I’m registered with the city … I’m not speaking on behalf of the Valley, but I complied with what the city wanted because any resultant liability would be theirs.”
Communications Manager Jill Smith told The Center Square that Konkright conducts the training each January as part of a common best practice among government organizations, not because of Merkel.
