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Spokane Valley council rejects settlement in lawsuit over councilmember's social-media posts, will continue litigation
Summary
The council unanimously declined a settlement offer that would have dismissed the city's lawsuit with prejudice and required the city to pay substantial costs, including an independent review paid for by taxpayers and the councilmember's attorney fees. City attorneys warned the offer would not secure enforceable preservation or compliance orders.
The Spokane Valley City Council voted unanimously to decline a settlement offer from Councilmember Albert (Al) Merkel in a lawsuit the city filed over his social-media posts relating to city business.
City Attorney Kelly Concrete told the council the city sued to obtain a declaratory judgment and an order compelling Merkel to comply with the council’s social-media policy after repeated public-records requests that the city could not satisfy without access to all posts. Concrete described the legal risk to the city from outstanding public-records requests and explained the settlement offer’s main terms: dismissal of the city’s case with prejudice; the city paying for an independent master to review Merkel’s past posts and determine which are public records; Merkel producing those posts the master deems public; and the city paying Merkel’s past and future attorney fees related to the dispute.
Concrete said the settlement would require the city to pay an additional third-party review despite prior reviews and would not produce a court order compelling Merkel to preserve or turn over posts or to ensure future compliance. “It doesn’t result in a court order that determines whether or the extent to which the council member’s posts on personal social media are public records,” Concrete said, and warned that if Merkel did not follow through the city would again have to sue to enforce the settlement.
Deputy Mayor Tim Hatenberg moved to decline the offer. He framed the motion as protecting taxpayers and the city’s ability to obtain enforceable relief. The motion passed unanimously.
The meeting included extensive public comment both defending Merkel’s outreach and urging accountability. Supporters said Merkel’s Nextdoor posts help residents access city information; critics said the city has been unable to produce complete public records and that taxpayers should not fund a private councilmember’s legal fees. Resident Joseph Godsey urged the council to “turn down this settlement because it does not hold him accountable.” Gloria Killian and other residents urged a negotiated, low-cost resolution; city attorneys said past attempts to obtain full compliance had not succeeded.
Concrete explained technical barriers that have limited the city’s access to all posts, including that PageFreezer (the city’s archiving software) only captures posts on an account page and cannot capture posts a user places on other pages, and that some account downloads require two-factor authentication tied to private email addresses. He said the city had received many public-records requests seeking councilmember Merkel’s posts and that the city’s risk of liability increased the longer production was delayed. A hearing on Merkel’s motion to dismiss is scheduled for July 18, the city said.
