(The Center Square) - The city of Spokane Valley declared victory on Monday in a lawsuit seeking to force Councilmember Al Merkel to comply with a social media policy and the state’s Public Records Act.
According to a news release, a Spokane County judge issued orders on June 25, ruling that Merkel had violated the council policy by discussing city business on his personal social media profiles and the PRA by “failing to reasonably search for and produce” those posts in response to several records requests.
Merkel's social media activity has been the subject of controversy since he first took office in 2024. His peers voted to sue him in February 2025 after a hearing examiner found that Merkel likely violated the social media policy and state law; Merkel told The Center Square he plans to appeal last week’s ruling.
“I appreciate the court's time. That being said, I thoroughly disagree with this decision and intend to appeal,” Merkel told The Center Square, adding that he still plans to campaign for reelection in 2027.
City Manager John Hohman has long argued that Merkel’s activity violated policies requiring him to use city accounts and archiving software when discussing city business. Merkel argues that his posts aren’t city business and that local officials moved the goalposts when he tried to comply with their demands.
The city rejected that framing, arguing in the release that the June 25 orders follow similar conclusions made by the Valley’s attorney, a third-party investigator and the hearing examiner. The announcement contends that Merkel’s failure to comply with the policy and state law opened the Valley up to liability.
According to court records, the city has received at least 16 records requests related to Merkel’s posts.
“While no one has filed a lawsuit against Spokane Valley regarding Councilmember Merkel’s public records, the City has received verbal threats,” Communications Manager Jill Smith emailed The Center Square in response to questions in a voicemail.
“Regardless, ensuring Councilmembers are following the law is imperative to eliminate potential legal and financial risk to the City and our taxpayers,” he said.
The legal pressure started mounting for Merkel in June 2024 when Councilmember Jessica Yaeger filed a complaint about Merkel’s use of the platform Nextdoor.
Yaeger has faced an investigation of her own over social media, but Valley officials say that she complied by handing over those posts when asked.
Records obtained by The Center Square show the city spent nearly $23,000 on Yaeger’s investigation, which found that she likely violated city policy by discussing city business on personal profiles as well.
The city received the Yaeger investigation in March, but it didn’t come up during a public meeting until June 16. Merkel argues the delay “materially affected” his ability to present his case and facts in court.
“These events occurred very early in my tenure as an elected official, and I'm committed to remaining compliant with both the letter and the spirit of the law moving forward,” Yaeger said back on June 16.
Last year, the council amended the 2025 budget to account for an estimated $350,000 in legal costs associated with Merkel. By the end of 2024, city records indicate that the Valley had spent $235,000, including nearly $15,400 for 391.42 staff hours attributed to fulfilling records requests about Merkel.
Smith says they don’t expect the court to make Merkel reimburse the city “with this round of orders.”
The June 25 orders give the city 10 days to file proposed remedies with the court, including a writ of mandamus and injunction requiring Merkel to comply with the city’s social media policy and state law.
“The City hopes Councilmember Merkel complies with the Court’s orders and further action is not necessary to enforce the social media policy or otherwise protect the City from Washington Public Records Act (PRA) liability. If Councilmember Merkel conducts city business on official Councilmember social media accounts, rather than his personal accounts, the posts and comments would be archived through the city’s archiving software,” Smith wrote in a statement provided to The Center Square.
