On February 4, 2025, the Spokane Valley City Council unanimously voted to initiate legal action against Councilmember Al Merkel to enforce adherence to the Washington State Public Records Act. This decision stems from allegations that Merkel failed to properly archive communications related to city business conducted on his personal social media accounts, particularly on the platform Nextdoor.
The council’s move follows an independent investigation that concluded Merkel violated the city’s Governance Manual by discussing official matters on personal social media without appropriate record-keeping measures. The investigation found that several of Merkel’s posts were “more likely than not” public records that had not been archived as required by law.
In December 2024, the council censured Merkel after a hearing examiner upheld findings of his non-compliance. Despite Merkel’s assertion that he uses Nextdoor solely for campaigning, the city contends that his actions expose them to legal risks due to unfulfilled public records requests.
City Attorney Kelly Konkright estimated that the lawsuit could cost between $50,000 and $100,000, while Councilmember Jessica Yaeger speculated expenses might reach $250,000. Yaeger emphasized the potential financial burden on taxpayers if the city faces litigation due to Merkel’s alleged non-compliance.
Merkel has provided the city with access to his personal Nextdoor account; however, issues persist due to multi-factor authentication requirements and incomplete information, such as comments on others’ profiles and deleted posts. Merkel contends that the council’s actions aim to silence him, stating, “This was never about Nextdoor — it’s about shutting me up. I gave them everything they asked for, but they keep moving the goalposts.”
The city has incurred over $235,000 in expenses related to addressing Merkel’s actions and investigations in the past year. City Manager John Hohman emphasized the council’s duty to protect taxpayers, noting that the city could be held accountable for Merkel’s compliance with state law.
