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Spokane Valley councilman Al Merkel appeals most recent investigation findings

Spokane Valley City Councilman Al Merkel, whose social media activity was found to likely be in violation of open records law earlier this month, has appealed the findings of that investigation. Merkel is pictured here during a Northwest Passages Pints & Politics forum held during his bid for the council position on Oct. 26, 2023. (Nick Gibson / The Spokesman-Review)
By Nick Gibson nickg@spokesman.com(509) 459-5039

Spokane Valley City Councilman Al Merkel has filed an appeal of the independent investigation that found he likely violated open records law through his actions on his Nextdoor account.

Councilwoman Jessica Yaeger filed a complaint in June alleging Merkel is blocking members of the public from viewing his posts and is not properly keeping records of his social media activity as required by the Public Records Act and the governance manual for Spokane Valley council members.

Merkel has been an avid user of Nextdoor for years, and has used his account to post recaps of council meetings through his perspective, ask for community feedback to take to his fellow council members and poll his followers on actions he should take as a councilman.

Merkel has not added his account to the city’s record-keeping software Pagefreezer since joining the council. That means those posts, which the investigation determined are likely public records, have not been properly logged, the investigation found. 

The appeal will be brought before the city’s contracted hearing examiner at a public hearing, according to updates to the governance manual the council enacted earlier this year. The investigator will present the evidence they considered and their conclusions, and Merkel will be able to present evidence in his defense.

If the hearing examiner rules to uphold the investigator’s findings, the Spokane Valley City Council can then vote to reprimand, censure or remove Merkel from the committees and boards to which he’s been appointed. Merkel then has the option to file another appeal in Spokane County Superior Court to contest the hearing examiner’s findings and any action the council may take against him.

City Manager John Hohman said during Tuesday’s council meeting that a date has not been set for the public hearing in which the appeal will be considered. The hearing must be held within 60 days of Merkel’s appeal, and the city is required to provide public notice at least 21 days ahead of time.