SPOKANE VALLEY, Wash. — The Spokane Valley City Council voted unanimously to take legal action against Councilmember Al Merkel for failing to comply with the Washington State Public Records Act.
The vote happened on February 4 at a City Council meeting. Councilmember Merkel was not allowed to vote due to the conflict of interest.
According to city officials, over 60 requests for public records associated with Merkel have been filed in the past year. The city was unable to respond fully to these requests related to social media because Merkel did not provide the records.
City attorneys, a legal investigator and hearing examiner determined much of Councilmember Merkel’s social media content related to city business is public records and has to comply with the Washington State Public Record Act, which requires all city records created or used by elected officials that align with their city duties must be made available upon request.
Merkel has stated previously he does not agree with this interpretation of the act.
“Transparency and adherence to state laws are non-negotiable,” said City Manager John Hohman. “We wish the City did not have to take this drastic step, but Councilmember Merkel has put our City at serious financial and legal risk, and we must minimize liability and protect our taxpayers.”
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