Spokane Valley officials unanimously voted on Thursday to censure and remove Councilmember Al Merkel from a committee following a decision by a hearing examiner that supported findings of his violation of city policy. The complaint, initially made by Councilmember Jessica Yeager in June, accused Merkel of breaching the Valley’s Governance Manual with his social media activity on Nextdoor. Further allegations were made regarding violations of the Washington Public Records Act. The investigation concluded that Merkel had indeed violated the manual’s social media policy and that his posts were likely public records. Despite Merkel’s appeal, the hearing examiner upheld the findings last week. Yeager urged the council to consider the strongest penalties available and suggested pursuing legal action through the court system to protect citizens and manage risks.
The complaints centered on Merkel discussing city business on his personal account, which was not connected to a city email or archiving system for public records. The investigation corroborated these claims, noting that Merkel edited some posts, failed to produce them upon request, and lacked sufficient evidence of conducting a proper search. City Attorney Kelly Konkright highlighted the liability associated with Merkel’s personal account posts not being archived as potential public records related to city affairs. Merkel maintained throughout the process that his posts were not public records, despite evidence to the contrary.
The hearing examiner dismissed Merkel’s claims of bias and ruled in favor of the investigation’s findings. Councilmember Laura Padden emphasized the importance of adhering to legal interpretations, suggesting that Merkel’s opinions held little weight compared to court decisions. As per the examiner’s recommendations, corrective actions included verbal censure and the possibility of public censure or removal from committee assignments if Merkel’s behavior persisted. The council, with Merkel abstaining, unanimously decided to revoke his committee appointment in addition to issuing a verbal censure.
Despite receiving PRA training and multiple advisories from the city manager, Merkel persisted in denying the status of his posts as public records. In response to the council’s decision, Merkel reluctantly agreed to register his Nextdoor account with page freezer to resolve the issue, but expressed his refusal to accept the legitimacy of the ruling. Merkel criticized the council for what he viewed as an abuse of power targeting him personally, deeming the entire process a waste of time and money. He continued to dispute the classification of his posts as public records, highlighting what he perceived as contradictions in the council’s arguments.
“Demonstrating that the city has had full access to this information all along,” as stated in a Dec. 10 agenda, the ongoing process has shed light on previous investigations, complaints, and what was deemed as “nonproductive uses of staff time,” ultimately revealing that Merkel’s actions have cost the Valley an estimated $186,000 since January. Mayor Pam Haley has expressed concerns that these costs will continue to rise, especially if individuals decide to pursue legal action in the future.
Haley emphasized that her stance is not driven by political motives but rather rooted in practicality and adherence to the Public Records Act. She maintained that the city was initially willing to cooperate with Merkel upon his arrival, only to be taken aback by his alleged declaration of wanting to “burn the city down” during a council meeting. This statement, according to Haley, signaled a drastic shift in approach and raised red flags about the potential consequences of such rhetoric.
In light of these developments, Haley issued a cautionary message to her colleagues and constituents, warning them of the possible repercussions of destructive behavior within the council. She stressed that the fallout from any actions taken to undermine the city’s well-being would inevitably impact all residents, including themselves. The financial burden resulting from such actions would not be borne solely by the city, but would also extend to every individual invested in the community’s prosperity.
The tension between Haley and Merkel has escalated as a result of these revelations, with the Mayor urging for a constructive dialogue and collaboration to address pressing issues facing the city. Despite initial eagerness to work together, Haley expressed disappointment in Merkel’s approach and the implications of his divisive rhetoric on the council’s effectiveness.
As the situation unfolds, the city finds itself at a crossroads, navigating the delicate balance between accountability and cooperation. Haley’s concerns about the potential fallout from destructive behavior underscore the importance of fostering a culture of transparency and mutual respect within the council. The financial impact of past actions serves as a stark reminder of the tangible consequences that can arise from decisions made by those in positions of power.
Moving forward, it remains essential for all stakeholders to prioritize the best interests of the community and work towards a common goal of progress and prosperity. While disagreements and conflicts may arise, the ultimate aim should be to uphold the principles of good governance and responsible leadership. By fostering an environment of open communication and collaboration, the council can navigate challenges effectively and ensure the city’s continued well-being.
In conclusion, the unfolding saga between Mayor Pam Haley and Councilmember Merkel highlights the complexities of governance and the importance of upholding public trust. As the city grapples with the aftermath of past actions and confronts the challenges ahead, it is imperative for all involved to act with integrity and foresight. Only through genuine collaboration and a shared commitment to the community can the council overcome obstacles and steer the city towards a brighter future.
