FOR IMMEDIATE RELEASE
December 19, 2024 SPOKANE VALLEY, WA – Hearing Examiner Andrew Kottkamp issued his decision on the Oct. 24 Public Hearing (Case No. APP-2024-0001) regarding Spokane Valley Councilmember Albert Merkel. The final ruling of the public hearing confirms findings of the initial investigation regarding Councilmember Merkel’s use of social media and rejects all of Councilmember Merkel’s proposed defenses as meritless.
Councilmember Merkel requested a public hearing before the city’s hearing examiner to contest the findings from an independent, third-party investigation that found him in violation of the Spokane Valley City Council’s Governance Manual Social Media Policy and, more likely than not, the Washington State Public Records Act. Violations of the Public Records Act subject municipalities to significant liability risk, including daily monetary penalties and attorney’s fees, and can erode public trust and reduce accountability. The hearing examiner’s report finds that Councilmember Merkel violated the Spokane Valley Council Conduct Standards and Social Media Policy and is subject to corrective action. The ruling concluded that several of Councilmember Merkel’s Nextdoor social media posts are city business, some posts regarding city business were subsequently edited, and other’s comments responding to Councilmember Merkel’s city business-related posts were edited. It also confirmed Councilmember Merkel altered declarations regarding his search for public records and thereby violated standards required by the Public Records Act. These actions all violate the Council’s Governance Manual Social Media Policy and the Washington State Public Records Act. As per the Council’s Governance Manual, the City Council held a special Council meeting on Dec. 19 to review the hearing examiner’s final ruling. At the meeting, the City Council voted unanimously (6-0) to censure Councilmember Merkel for repeatedly violating the Council’s Conduct Standards and Social Media Policy by posting about city business on his personal social media account rather than utilizing an account connected to the city’s electronic archiving system, which enables the City to comply with the Public Records Act. He was also censured for revising declarations regarding his searches for responsive public records on his personal electronic devices, as the revisions caused the declarations to violate the city’s legal obligations. The Council removed Councilmember Merkel from serving on the Opioid Abatement Committee for the Spokane County Regional Health District, as participation in other public entities exposes those agencies to the same legal and financial risks. More details are available on the city’s website, including the Hearing Examiner Report, initial Sept. 3 Investigation Report and Sept. 4 news release. ### |
