The decision follows more than 60 public records requests related to Merkel, which the Valley claims they can’t fully respond to due to his alleged noncompliance. During council commentary, Merkel’s peers on the dais called on his supporters to cut a check to cover any misconduct. 

While City Attorney Kelly Konkright estimated the lawsuit against Merkel could cost between $50,000 and $100,000, Councilmember Jessica Yaeger speculated it might reach $250,000.

“We haven’t even uncovered the half of what could be found if we’re sued,” Yaeger said. “This man is a criminal … if he could be walked out of here in handcuffs, that’d be great.”

According to a news release, the council raised the suit to “compel Merkel to comply with the Washington State Public Records Act and the Council’s Governance Manual in his use of social media, cell phones, emails and other records that constitute public records.”

The council censured Merkel in December after a hearing examiner supported findings that his posts on the social media platform Nextdoor were “more likely than not” public records. While Merkel claims he uses it for campaigning, the city says his noncompliance puts them at risk.

The council can post on social media, but the PRA and local law require accounts discussing official city business to archive what’s considered a public record. Following the censure, Merkel said he would comply with using a page freezer, but Nextdoor closed his city account soon after.

“We have a duty to protect our taxpayers,” City Manager John Hohman said Tuesday, “because the city will be held accountable for his actions or inactions for complying with state law.”

Merkel said Nextdoor closed what was considered a duplicate account, so he provided the city with his personal one to ensure they have access to the records. City Attorney Kelly Konkright confirmed this on Tuesday, but added clarity with a timeline regarding Merkel’s public records that he said shows Merkel isn’t following through.

While Merkel handed over his password, signing in requires multi-factor authentication, so he would still have to approve each login. Even once he does, Konkright said it doesn’t provide all the required information, including comments on other people’s profiles and deleted posts. 

Merkel provided some of that information, but Konkright argued that its content didn’t fulfill the requests. He said this lawsuit was the last step to protect the city from litigation, which the city’s insurance would not cover. Taxpayers would have to foot the bill if someone sued. 

According to agenda documents, the city spent over $235,000 last year addressing Merkel’s actions and investigations. Though his peers disagree, he claims they’re trying to silence him.  

“This was never about Nextdoor — it’s about shutting me up. I gave them everything they asked for, but they keep moving the goalposts,” Merkel wrote in a press release. “Now, they’re bringing in an insurance guy to say my criticisms are a “risk.” You know what’s risky? A government that fears accountability.”