A Washington state judge ruled Monday that social media posts made by a Spokane Valley City Council member on his personal Nextdoor account constitute public records and must be disclosed under state law — a decision the councilman says he intends to challenge on appeal.
Judge Rachelle Anderson found that Councilman Al Merkel violated the Washington Public Records Act as well as city social media policy by discussing council business on personal accounts and then refusing to turn those posts over in response to public records requests. The ruling, handed down June 29, 2026, directs the city to file a proposed order requiring Merkel to comply with state public records law.
What the Judge Found
According to the ruling, Merkel used his personal Nextdoor account to post about city council discussions, complaints about city staff, ongoing investigations into his own conduct, and policy positions he was advancing in his official capacity. Spokane Valley’s city policy requires council members who discuss city business online to do so through official accounts linked to city email addresses — a requirement Merkel bypassed.
In her ruling, Judge Anderson wrote that Merkel’s posts “appear to be made in furtherance of his viewpoints of what City business and government should be, posted as a mechanism to cause his positions to be adopted in furtherance of the City’s business and its government, and posted in his Councilmember capacity.”
The city received more than a dozen public records requests seeking Merkel’s social media content. Despite that volume of requests, Merkel had not provided the posts to the city prior to the ruling.
The case originated with a complaint filed in June 2024 by Councilwoman Jessica Yaeger. An independent investigation subsequently concluded that Merkel had violated both the Public Records Act and city policies. The Spokane Valley City Council eventually voted to take legal action against Merkel over his continued non-compliance.
Notably, Yaeger herself was also investigated for social media posts during this period, but that inquiry was resolved after she complied with records requests and submitted her posts to the city.
Merkel Plans to Appeal
Merkel pushed back against the ruling, saying he respectfully disagrees with the decision and intends to appeal. He argued that he lacked the information necessary to present his case fully. In a statement, Merkel framed the ruling as a threat to open communication between elected officials and constituents, saying it “raises significant concerns about government transparency and public access to elected officials, effectively justifying why most electeds do not answer messages from the public, a policy I strongly disagree with.”
Councilwoman Yaeger, who initiated the complaint against Merkel, said the violations have already cost the city money. Councilman Tim Hattenburg indicated that next steps in the matter would be taken up at the Spokane Valley City Council’s meeting Tuesday evening.
Broader Implications for Elected Officials Online
The case reflects a growing national tension over how public records laws apply to the social media activity of government officials. Courts across the country have increasingly scrutinized whether posts made on personal accounts — when they concern official duties — cross the line into public records territory. The Merkel ruling adds to that body of case law by applying a functional test: if posts were made in furtherance of official responsibilities, they may be subject to disclosure regardless of which account or platform was used.
For local governments throughout the Pacific Northwest and Idaho, the decision serves as a reminder that elected officials who use personal social media to conduct, influence, or comment on government business may find those communications subject to disclosure. North Idaho jurisdictions, including those in Bonner County, operate under Idaho’s own public records statutes, but the underlying question — where personal expression ends and official conduct begins — is equally relevant here.
For more on Idaho courts and public records issues, see related coverage at Idaho Federal Judge Set to Rule on Lawsuit Seeking Broader Medical Exemptions to Abortion Ban and Bonner County Boat Crash Manslaughter Case Delayed for Mediation.
What Comes Next
The Spokane Valley city attorney’s office is expected to prepare a proposed compliance order for the court following the ruling. Merkel’s planned appeal means the case is likely to continue through the Washington court system. The Spokane Valley City Council is set to discuss next steps at its Tuesday evening meeting. How quickly Merkel must produce the records will depend on the terms of the forthcoming court order.