(The Center Square) – For the second time since September, Spokane Valley declined Tuesday to provide Councilmember Al Merkel with city-funded attorneys after his peers voted to sue him two weeks ago.
The lawsuit aims to compel Merkel to follow state law and the Spokane Valley Governance Manual. An investigation previously found that Merkel “more likely than not” violated the Public Records Act and local social media policy, which a hearing examiner supported in December.
Leading up to the winter hearing, Merkel’s peers unanimously denied him taxpayer-funded attorneys. Despite the examiner’s findings, Merkel’s alleged misconduct around his use of social media continued, prompting the rest of the dais to sue and deny him representation again on Tuesday.
“It seems very black and white for the code,” Councilmember Ben Wick said. “We’re prohibited from providing legal defense for any lawsuit brought against an official on behalf of the city.”
Wick said the decision wasn’t an option; local law told the council what to do. Merkel’s use of the social media platform Nextdoor first made headlines just after taking office in January 2024. City Manager John Hohman said they tried to get him to comply for over a year but to little avail.
Merkel claims the council is using the litigation and controversy over Nextdoor to silence his dissent from the dais; however, Hohman said the taxpayer is the victim, not Merkel. Insurance won’t cover the lawsuit or other PRA violations, so residents will ultimately front the bill.
Communications Manager Jill Smith told The Center Square that Spokane Valley would pay for the lawsuit using existing means in the general fund. Recurring revenues exceed expenditures by roughly $400,000. If Merkel countersued and it costs more, she said the city would need to adjust.
City Attorney Kelly Konkright previously said the lawsuit could cost as much as $100,000, but Councilmember Jessica Yaeger speculated it might reach $250,000.
Hohman denied Merkel’s claim of the council waging a “witch hunt” against him. He said it’s as simple as Merkel following the rules and handing over his posts to eliminate the legal risk.
Spokane Valley has received more than 60 public records requests around Merkel since he assumed office but claims it can’t fulfill them due to his alleged noncompliance. While Merkel claims he handed everything over, Hohman disagrees with the assessment that the city moving the goalposts.
“It’s taken us a year of trying to convince him to comply with any rule we have,” Mayor Pam Haley said. “It has nothing to do with politics, absolutely nothing.”