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

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.