The saga of the troubled harassment investigation into Spokane Valley City Council Member Al Merkel is reaching an unceremonious end. The investigator, attorney Brenda Bannon, told Merkel’s lawyer, Patrick Kirby, in an email Monday she would close the inquiry before interviewing the city council member.
“In order to avoid further delay, I will be wrapping up the investigation based on the evidence compiled to date, to include information received before I finalize my report,” Bannon wrote to Kirby. She didn’t say what her decision would be.
In a response sent shortly after, Kirby accused the city of violating Merkel’s rights.
“I am very concerned that the lack of transparency in this entire ‘investigation,’ and any actions taken by the City as result of it, are violations of Mr. Merkel’s procedural and substantive due process rights.”
Bannon said she had provided Merkel several opportunities to be interviewed, but Merkel was not willing to do so without a civilian witness and two days’ written notice of the specific nature of the harassment allegations. He had brought a witness, Spokane Valley resident John Harding, a supporter of Merkel’s, to his initially scheduled interview, but Bannon canceled that interview because, saying Harding should not be there, according to the Spokesman.
Merkel and city officials have clashed since the investigation began because Merkel wants to know what the allegation is. But, saying it was protecting the identity of the accuser and the integrity of the investigation, the city has never disclosed the nature of the harassment allegations to the public or to Merkel himself. In an email to Bannon sent on Monday, Kirby accused her of being secretive.
“Your entire investigation will be subject to public records requests by Mr. Merkel and any other interested third parties,” Kirby wrote. “Therefore ‘confidentiality’ of the investigation process which requires the exclusion of Mr. Merkel’s witness is a pretext for secrecy for a matter which is of public concern.”
City Manager John Hohman announced the harassment complaint against Merkel at a regular city council meeting March 5. Several days prior, Hohman had asked Merkel in writing to stay out of city hall unless he was attending a council meeting to protect himself and his accuser. Merkel said he would continue going to city hall when needed.
Asked by RANGE at the March 5 meeting to provide any details about the complaint against Merkel, Hohman declined to comment.
