[{"_1":2,"_123":-5,"_124":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99,111],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6539314,"mediaKeyId","3657047-bd4caa57558d71c1abc8cca7dd03b25e","parentId",3657047,"title","Spokane Valley council declines settlement offer in lawsuit over councilmember social-media posts","audioSeconds",921,"startMs",3895000,"endMs",4816000,"viewUrl","/Search/View?dp=1&key=3657047-bd4caa57558d71c1abc8cca7dd03b25e&start=3895&end=4816","thumbnailUrl","https://assets.pipeline.soar.com/3657047-bd4caa57558d71c1abc8cca7dd03b25e/thumbnail_3895000.jpg","articleUrl","/articles/6539314/Spokane-Valley/Spokane-County/Washington/Spokane-Valley-council-declines-settlement-offer-in-lawsuit-over-councilmember-social-media-posts","mediaUrl","https://secure.pipeline.soar.com/6539314-48fbc2c43d6ae4c269a54be4d481e943/orig.mp4?Expires=1771060878&Signature=GXdGK2TSlT7m3UOI82AP~oJJV2vnhfU0t4VbTcEMT7M9JG7WosNNMLXQeZUPwtgi~E4HzJEE1b5Rq2SKNGfF1a75XfVsUjKCRQ44SLf~ZmkG-Gz7X2fCF~U6le8iTlvoqKSEA45-DD9miiwVl6psQZjuQdrVHCimvR1JyTwt6ts11Q7YVUyI5YPgplvBWmQTuLKEviqdL8rgR77miaUm6bLWhXZyaFL0hbu9vmqPcqeJm~qXE4ffZ3z~~bDRkpz0hbI0HkWw7aDMQ3sXJ1-fg4MZ2CQ~efVo7tw0S1Xj7JyMHRYOirRObp6w99s9wMm5TmRAU4IUIO9ehPP1BxI-XQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Spokane Valley","date","2025-06-03T00:00:00Z","article","The Spokane Valley City Council on Tuesday voted unanimously to decline a settlement offer from Councilmember Al Merkel in a lawsuit over whether certain social-media posts on his personal accounts discussing city business are public records.

City Attorney Kelly Concrete outlined the litigation and the terms of Merkel’s settlement offer before council. The city’s suit seeks a judicial determination that posts by Merkel about city business on personal social-media accounts are public records under the Washington Public Records Act and an order compelling compliance with the council’s social-media policy, including preservation of records and production in response to public-records requests. A judge has been assigned and a hearing on Merkel’s motion to dismiss is scheduled for July 18, 2025; no court order has been issued, Concrete said.

Concrete summarized the settlement terms included in emailed correspondence from Merkel’s counsel: the city would dismiss its case with prejudice; the city would pay for an independent master to review Merkel’s posts and determine which are public records (the city would bear that cost); Merkel would produce any posts the independent master deemed public records; and the city would pay Merkel’s past and future attorney fees related to the dispute. Concrete said the offer carried both legal and financial risks and observed the settlement would not produce a court order compelling future compliance or preservation and could avoid the discovery process and judicial determination the city sought.

Public comment was extensive and divided. Supporters of the settlement framed it as a way to end costly litigation quickly; opponents called the deal a taxpayer-funded “get out of jail free” and urged council to hold Merkel accountable. Speakers who urged rejection said the city had more than 60 public-records requests seeking Merkel’s records and that the city needed a court ruling to ensure full compliance and preservation for future requests. Merkel disputed that figure, saying he had provided extensive records and that the city had fewer requests relating to his accounts.

Council debate turned on accountability, cost and legal risk. Deputy Mayor Tim Hatenberg moved to decline Merkel’s settlement offer; the motion was seconded and passed unanimously.

Concrete told council the city had previously paid for an independent investigator and a hearing examiner to review some of the same material and that the settlement’s new independent master would duplicate work already completed while shifting costs to the city. She also noted that the city does not have full access to posts Merkel made using his personal accounts on other pages and that missing access has impeded the city’s ability to respond to public-records requests. Concrete said the city had received threats of litigation from requesters and that failure to produce records could expose the city to penalties and attorney-fee awards under the Public Records Act.

After the vote to decline the offer, the council moved on to other business. Concrete and councilmembers said the city would proceed with the court schedule and continue to seek the records through litigation and discovery.
","mediaType","Video","parentTitle","Spokane Valley - Council Meeting June 3rd ZOOM - Jun 03, 2025","oneSentenceSummary","The Spokane Valley City Council unanimously voted to reject a settlement offered by Councilmember Al Merkel in litigation about whether his personal social-media posts about city business are public records.","taxTitle","Spokane Valley, Spokane County, Washington","taxId",2645,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6539318,"Council advances ordinance to criminalize endangering children with controlled substances to second reading",1318,2515000,3833000,"/Search/View?dp=1&key=3657047-bd4caa57558d71c1abc8cca7dd03b25e&start=2515&end=3833","https://assets.pipeline.soar.com/3657047-bd4caa57558d71c1abc8cca7dd03b25e/thumbnail_2515000.jpg","/articles/6539318/Spokane-Valley/Spokane-County/Washington/Council-advances-ordinance-to-criminalize-endangering-children-with-controlled-substances-to-second-reading","https://secure.pipeline.soar.com/6539318-aac51d61bb5558ea408a8daceaaf2d8d/orig.mp4?Expires=1771060878&Signature=Bg3-W3LQ0d5m63Wu~Fe2mlZ9yWl0jy~AIfIrez-EW3n32GAVEXpKvdo5B3GvA4DW9rH3FIBI6BJW7u1~2Pd42zOPc7KQNGj2QZlqW50SGOykwF7cVnSvKeDYvO82cchEM78TuuU7BD5L56~GXdozFmguOrvYruvyY~xZhpVdpIYaMx2hfzD-zMoTK-ofkg1kY9mTkigEBy4r9DEHIj7ESoslyHMA66ZV1zctjAgMh0dFL6nfz5yWYxGKncUrw-CetM~gwIlNZcHc5vtC1~ApSztAzDbYTUiDLvuOg-j8H1zI-0U1fRyjyh4tobx53ej5hEwKl8R7ipShniiZR3Q9Nw__&Key-Pair-Id=KUT5TJCACFTXG","The Spokane Valley City Council voted unanimously to advance a draft ordinance, Ordinance 25-011, to a second reading that would make it a gross misdemeanor to knowingly or recklessly permit a child or dependent person to ingest, inhale, absorb or have contact with a controlled substance other than cannabis, unless the substance was obtained pursuant to a valid prescription or order from a practitioner acting in the course of professional practice.

Senior Deputy City Attorney Tony Beatty described the current state statute that covers methamphetamine manufacturing exposures and noted a gap in state law for fentanyl and many other controlled substances. The draft ordinance expands the local offense to substances beyond those found in methamphetamine manufacture. Because cities cannot create felony offenses, the draft proposes a gross-misdemeanor penalty: up to 364 days in jail and a $5,000 fine.

Councilmembers asked multiple questions about the ordinance’s wording and scope. Some sought to broaden protection beyond children and dependent adults (for example to first responders or other adults who might be exposed); others asked whether cannabis should be included. Councilmember Yeager and others asked for clearer definitions tying the medical exemption to a valid prescription or authorized practitioner. Beatty and deputy city attorneys said those wording choices were policy decisions for council and noted the draft follows a similar ordinance enacted in Pierce County.

Councilmembers, several of whom said they supported expedited local action while continuing to press the state legislature for a broader solution, emphasized local incidents in Spokane Valley involving minors exposed to fentanyl. Public commenters urged the council to act to protect children; others asked that the city coordinate language with the county so enforcement would be consistent across jurisdictions.

A motion to advance Ordinance 25-011 to a second reading was made and seconded; the motion carried unanimously. Staff said they will continue working with county officials to align language and will return the ordinance for formal second-reading consideration.

Proposed penalty: gross misdemeanor (maximum 364 days in jail and $5,000 fine). Scope (draft): knowingly or recklessly permitting a child or dependent person to ingest, inhale, absorb or have contact with a controlled substance other than cannabis, unless obtained pursuant to a valid prescription or practitioner order. Council directed staff to consider clarifications (definition of ‘‘controlled substance,’’ whether to include cannabis, prescription/medical exception language, possible expansion of protected classes).","Council advanced Ordinance 25-011, a city-level gross misdemeanor for knowingly or recklessly allowing a child or dependent person to have contact with certain controlled substances (excluding cannabis in the draft), to a second reading after discussion of scope and penalties.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6539323,"Council updates right-of-way permitting and enforcement rules, adopts related ordinances",244,2219000,2463000,"/Search/View?dp=1&key=3657047-bd4caa57558d71c1abc8cca7dd03b25e&start=2219&end=2463","https://assets.pipeline.soar.com/3657047-bd4caa57558d71c1abc8cca7dd03b25e/thumbnail_2219000.jpg","/articles/6539323/Spokane-Valley/Spokane-County/Washington/Council-updates-right-of-way-permitting-and-enforcement-rules-adopts-related-ordinances","https://secure.pipeline.soar.com/6539323-b506b17ffe2e458465d6e821640fd2f0/orig.mp4?Expires=1771060878&Signature=h1lnK4ix6PynhMb3ojnAllsljS629NvpjXvK10l-yxC20Uehj-rIQY~xOco5ayK8QqktAcEeAtNFqtKZpBAisHdWTax~rTRhcMnB70E4q5TvpMT7Gn5coo3Tu6Viy26roW2~XzfNg5VwAebDNONuUTRFPGwX2OgMqCz~MrxwGk7u6sgftmaxqRBbKl2tE3DnORA6FFueuTzAQ-hpQeDj26ycgXqlVC5stD-pp9EQueZHUJ9nyueAQKSX0Ubg3JTepwa51arEjf~psHdWaSJw65JiS9E9jaFRPSBsYo0QeK2d6wOFTmwLTagsDTUTZ0jot3NuZliejuHW-FPvURN-XA__&Key-Pair-Id=KUT5TJCACFTXG","The Spokane Valley City Council unanimously approved two linked ordinances on Tuesday to reorganize right-of-way permitting rules and clarify enforcement and insurance requirements.

Ordinance 25-007 removes right-of-way permit procedures from the city’s development code chapters and relocates the rules so they can be managed in a dedicated part of the municipal code. Ordinance 25-008 adopts a new Chapter 9.5 to regulate rights-of-way through permitting and enforcement procedures, and ties provisions to the master fee schedule, clarifies exemptions, and updates enforcement procedures.

Tony Beatty, senior deputy city attorney, and City Attorney Kelly Concrete presented the measures together as complementary items. Beatty said the pair of code changes is largely administrative: 25-007 relocates procedural text, while 25-008 creates the standalone right-of-way chapter and updates insurance and enforcement language. He told council that prior public hearings on the topic had occurred before the planning body and that the city provided an administrative report to council in advance.

Council discussion was brief and largely technical. A councilmember confirmed there were no substantive changes since the prior presentation, and staff said the amendments clarify existing right-of-way management topics rather than creating new permitting burdens. No public comments were raised during the second readings and both ordinances passed unanimously.

Actions taken: Ordinance 25-007 (amending Chapter 17.8 and 22.13 to remove right-of-way permit procedures from the development code) and Ordinance 25-008 (creating Chapter 9.5 to consolidate right-of-way permitting and enforcement) were approved on second reading by unanimous vote. Staff said the changes update insurance requirements, link code provisions to the master fee schedule, and clarify exemptions and enforcement.

Councilmembers asked no follow-up questions about costs; staff stated these are updates to align code with the city’s administrative processes and contractual obligations and that the updated provisions will be administered through existing staff structures.
","The Spokane Valley City Council unanimously approved two related ordinance updates—removing right-of-way permit procedures from the development code (25-007) and adopting a consolidated right-of-way permitting and enforcement chapter (25-008). The measures clarify insurance, fees and enforcement procedures.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6539330,"Spokane Valley council adopts ban on signs attached to traffic-control devices",1331,877000,2208000,"/Search/View?dp=1&key=3657047-bd4caa57558d71c1abc8cca7dd03b25e&start=877&end=2208","https://assets.pipeline.soar.com/3657047-bd4caa57558d71c1abc8cca7dd03b25e/thumbnail_877000.jpg","/articles/6539330/Spokane-Valley/Spokane-County/Washington/Spokane-Valley-council-adopts-ban-on-signs-attached-to-traffic-control-devices","https://secure.pipeline.soar.com/6539330-697b3e3f6f81533301e9f232bdb10094/orig.mp4?Expires=1771060878&Signature=PJuf-gFtduBT533W-o7U8BFJZ-g7eFBkQp5VHAVpeXPNCh~zCSdvkXwFGxWjF49Sg5qVIN9AANB5wHAFmrwOv30y0hdeJVEM9m9chz5yZDkbKWUrHtUi2Pjt5Za8LY4jxFuKToFtSAIPlbushab7hxZiVjSLgkXufMnX6lfp93CCIeUK~TjfUBZo3WGZkDDPEmwZ1Dmz--BMxaXIX8AJjrNUl7GkDzshLtnrw5boXjMQNJMntg22Crkqe-Sn0z79sscWrePrVf5o8CLZkzUwF7KY8PJ8NCnAWEtORRMgnlnMeRcQ-ZiaoWM7n9nymeeS7lIYHd3-IWsNsGymRy0vmA__&Key-Pair-Id=KUT5TJCACFTXG","The Spokane Valley City Council on Tuesday adopted Ordinance 25-009, amending Title 22, Chapter 110, Section 060 of the Spokane Valley Municipal Code to prohibit placement of non-government signs on traffic-control devices or on structures within the public right-of-way when they obstruct visibility.

City Attorney Kelly Concrete summarized the measure during a public hearing, saying the ordinance narrows an earlier, broader proposal and is aimed at protecting public safety by ensuring drivers can see traffic signs and other traffic-control devices without competing visual clutter.

The ordinance adds a new subsection that forbids attaching signs to traffic-control devices and bars placement of signs in locations that obstruct the visibility of such devices, including the roadside side of guardrails. Concrete said the changes were intentionally narrower than prior drafts in response to community concerns about garage-sale and real-estate open-house signage.

During public testimony, residents raised questions about what types of signage would be affected. Daryl Williams asked whether government safety signs such as “don’t text and drive” would be prohibited; Concrete replied that the restriction applies only to non-official, non-government signs and that official governmental signs would not be affected. Other speakers suggested adding a distinct political-sign section and asked about enforcement costs. Concrete told council there is no planned new staff or cost to enact the ordinance and that existing staff would handle enforcement.

Councilmembers voiced support for the narrower approach. Councilmember Wick said changing rules in the middle of an election season was undesirable and praised the targeted amendment as a public-safety measure. Council discussions noted First Amendment limits on singling out sign messages and the council agreed the broader sign code could go to the planning commission for further review.

A motion to adopt Ordinance 25-009 was made and seconded. The vote was unanimous in favor. The ordinance will amend the municipal code to prohibit signs on traffic-control devices and in locations that obstruct the traveling public’s view of those devices.

The city attorney said the ordinance is intended to reduce driver distraction and does not prohibit placing signs elsewhere in the right-of-way so long as they do not obstruct traffic devices. Questions about particular edge cases — for example ceremonial crosses and memorials — were addressed: Concrete said crosses and symbolic items can constitute a “sign” and the rule prevents attaching them to traffic-control devices but does not prohibit placement in medians or other areas provided they do not obstruct device visibility.

Council members and staff indicated the council may send more comprehensive updates to the sign code to the planning commission for a later, broader review.

Ordinance: 25-009 (adopted).
","After a public hearing and brief public comment, the Spokane Valley City Council unanimously adopted Ordinance 25-009, which prohibits non-government signs from being attached to traffic-control devices or placed where they obstruct visibility.",{"_33":112,"_35":36,"_37":38,"_39":113,"_41":114,"_43":115,"_45":116,"_47":117,"_49":118,"_51":119,"_53":120,"_55":56,"_57":58,"_59":121,"_61":62,"_63":64,"_65":122,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6539309,"City staff briefs council on emergency planning: COOP, HMP and EOP work ongoing",391,7429000,7820000,"/Search/View?dp=1&key=3657047-bd4caa57558d71c1abc8cca7dd03b25e&start=7429&end=7820","https://assets.pipeline.soar.com/3657047-bd4caa57558d71c1abc8cca7dd03b25e/thumbnail_7429000.jpg","/articles/6539309/Spokane-Valley/Spokane-County/Washington/City-staff-briefs-council-on-emergency-planning-COOP-HMP-and-EOP-work-ongoing","https://secure.pipeline.soar.com/6539309-dd73766949809f39e89f2d5f69defcc8/orig.mp4?Expires=1771060878&Signature=gfdy-ktgDpClKr8b9LBvlc8pzO341oXeKlLhvMp8vLdTeNiP3zuhiDg9ALYh4n1zAloxASjVl3Nax07BGQXpSvm2p69TWwsAclP8gSjyO94vZXQ41JGlPzNaHIu88Wsaou1D2m--1X9PBrR4lotVbeAt6z8Y-ij6rNFFo6kqPa~eG~rJvNB51AKmF5GYR10Pi03kMVquJc6ODKgICMESUnp8kPPu6GvVfSEEzhBqNYquIJ3q5Au1eDKkvL26jxwMGgXqnhAvxMN53547Ic-2Dwapn~R-qx0KS5Q~-oXCmSz3vYFgB5XPk2wlVF1C01nDWUqNkAF6tzzSfqqUE0sGiA__&Key-Pair-Id=KUT5TJCACFTXG","City staff on Tuesday gave the Spokane Valley City Council an administrative update on the city’s emergency-planning work, including the continuity of operations plan (COOP), the hazard mitigation plan (HMP) chapter for Spokane Valley and the Emergency Operations Plan (EOP).

Virginia Club (legislative policy coordinator and project manager) and Mark Conrad of Spokane County Emergency Management described progress and next steps. Club said the COOP was adopted last November; department notebooks with COOP appendices have been prepared and staff orientation meetings are under way. Staff are identifying essential services, securing essential records, and planning NIMS/ICS training so city departments can operate with a shared incident-management structure during an emergency. A COOP training exercise is planned for 2026, taking into account wildfire season and emergency-management scheduling.

The county HMP update — a countywide plan with local chapters updated every five years — is moving forward after FEMA funding delays delayed the county consultant. Club said outreach, including presence at the farmers market and joint communications with the county and city, is planned for the summer and fall. The draft county plan is expected in the fall, with additional public comment opportunities then.

The EOP will be developed on a parallel track with county emergency management. Club listed public preparedness steps residents can take — subscribe to the city’s weekly email, sign up for Alert Spokane/Code Red, consult ready.gov and redcross.org, and consider volunteer opportunities such as search and rescue or SCOPE via Spokane County Emergency Management.

Councilmembers asked about public input opportunities and how the plans address procurement of contractors and mutual-aid resources. Staff said the HMP update is a county-led effort and that the city’s chapter will be updated; procurement of contractors is not addressed in the HMP but is handled operationally through the city’s COOP and Public Works processes. Club said citizens may email City Hall or staff for more information and that city staff will publicize outreach events online and via the city’s communication channels.

No council action was required; the presentation was informational and staff said they would return with outreach schedules and draft plan copies when available.","City staff and Spokane County emergency management updated the council on progress drafting the continuity of operations plan (COOP), the county hazard mitigation plan (HMP) chapter for Spokane Valley, and the Emergency Operations Plan (EOP). Outreach and a COOP exercise in 2026 were discussed.","actionData","errors"]

Article not found

Spokane Valley council declines settlement offer in lawsuit over councilmember social-media posts

Council advances ordinance to criminalize endangering children with controlled substances to second reading

Council updates right-of-way permitting and enforcement rules, adopts related ordinances

Spokane Valley council adopts ban on signs attached to traffic-control devices

City staff briefs council on emergency planning: COOP, HMP and EOP work ongoing