(The Center Square) – Questions and concerns over social media use sparked a lengthy discussion and one testy exchange among Spokane Valley City Council members Tuesday night.
City Manager John Hohman and City Attorney Kelly Konkright addressed policies and governance procedures regarding the state’s Open Public Records Act and Open Public Meetings Act and how they pertain to social media use by elected officials.
Hohman said several members had asked about the propriety of an account established by new city Councilmember Al Merkel on the platform site Nextdoor that displayed the city’s formal logo along with his comments.
The account is not used or authorized by the city and it carried a disclaimer as such, but use of the logo caused concern that viewers might believe it was an official account, Hohman said.
Hohman told the council that he personally spoke to Merkel, who agreed to remove the logo after some discussion.
No one was trying to restrict Merkel’s First Amendment rights of free speech, said Hohman, but it was an issue that potentially affects the city.
Merkel disagreed, believing the logo could be used because it lacked an official trademark and because he considers himself to be “a media person” for operating a podcast called “Spokane Valley Speaks.” Other news agencies have published articles which incorporate a photo of the city logo, he said.
Merkel also questioned the time and money spent by Hohman and Konkright in presenting the issue to the council, indicating that could be better spent on police services. Merkel asked for a “spitball comparison” of the expense while displaying a homemade poster with costs for a patrol car, K9 dog, ballistic vest and handgun.
In response, Hohman said he felt the topic of social media use to be “pretty important” and one that should be looked at “sooner rather than later” by the council. He recommended that members review the issue through their governance committee, then continue discussions with the full council.
Among the topics that could be considered, said Hohman, would be establishing individual online accounts – for members who want them – that are sanctioned and administered through the city’s technology department. That would ensure all postings are retained, archived, and available in compliance with the state’s Open Public Records Act, he said.
Konkright said social media posts from public officials which reference city personnel or operations are subject to the PRA law – which he termed a “strict liability statute” – whether they stem from official or personal use on city-owned or personal computers and devices.
Similarly, communications which reach or are shared by a majority of the seven-member council outside of scheduled meetings could violate Washington’s Open Public Meetings Act, said Konkright.
The attorney cautioned the council to avoid “legal pitfalls” in the use of social media in both their official and private lives.
“This is very apparently about me,” Merkel, who was elected in November and attending only his second council meeting, said at one point.
Jessica Yaeger, also a newly elected council member, said Merkel could have saved everyone “a lot of time” if he had asked in advance whether it was permissible to use the city logo.
Merkel continued to press the issue, leading to a brief but testy exchange with councilman Rod Higgins, who said Merkel was “turning this into a circus … for your self-gratification.”
When Merkel said he took offense, Higgins replied, “Good.”
Mayor Pam Haley ended the debate and moved the issue to the governance committee for consideration.
Another Merkel moment came at the beginning of Tuesday’s meeting, when he moved to amend the evening’s agenda to include a repeal of a newly enacted $20 annual license tab fee that will fund the city’s transportation benefit district. Merkel made a similar motion during his initial council meeting on Jan. 2. In both instances, his motions died for lack of a second.
