KALAMA — After he refused to resign Monday, the Kalama City Council approved asking the Cowlitz County prosecuting attorney to take “the appropriate legal actions” to remove Council member Matthew Merz from his seat because of his felony convictions.
During the Kalama City Council meeting in early April, Councilmember Scott Moon suggests waiting to take more action after Councilmember Matthew Merz refused to resign. Last month, a jury found Merz guilty of two felonies. (KLTV, Contributed)
During the special meeting Monday night, the council voted 3-1, with Merz opposed, to request “quo warranto” action, a civil action that can be filed in county Superior Court against any person who “unlawfully” holds a public office. Council member Wendy Conradi was absent.
Matthew Merz
Washington state law allows “quo warranto” action be filed when a public officer has done something that by law justifies a forfeiture of office, including conviction of a felony.
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Cowlitz County Superior Court Judge Thad Scudder Friday sentenced Merz to community service after being convicted of computer trespass and data theft in March.
Merz, 42, avoided jail time but must serve 160 hours of community service and pay fines, after a jury found Merz illegally accessed Council member Jon Stanfill’s email as part of Merz’s plan to uncover alleged and unproven misconduct concerning the Kalama Police Department.
At the beginning of the Monday meeting, Mayor Mike Reuter asked Merz if he would step down.
“Judge Scudder didn’t request that of me,” Merz said. “He said it was a decision of the people of Kalama, not the Superior Court. I will side with him on that.”
Stanfill said it was misleading for Merz to emphasize Scudder’s statement, when the judge only had jurisdiction over the criminal case, not this civil matter.
Council member Steve Kallio asked Merz to reconsider resigning because if the legal action moves forward, the burden of proof will be on Merz, who “can’t win.”
“It’s just gonna cost more money, one more thing the court will take away,” Kallio said. (You) can go on your own or force this procedure.”
Merz tried to question City Attorney Frank Randolph about meetings with the Prosecuting Attorney’s Office. Randolph declined to discuss the meetings because of attorney client privilege.
When asked again if he would step down, Merz quoted a classical Greek phrase attributed to King Leonidas of Sparta, “If you want my seat ‘molon labe,'” meaning “come and take (them).”
About a dozen members of the public attended the special council meeting in person, with more joining online. Four people spoke in favor of the city’s request to file the civil action.
Kalama resident Mark Wells said the situation is “an embarrassment.”
“I’m glad to see these actions,” he said. “I hope the city will move forward with recouping financial losses as well.”
Resident Rosemary Siipola said Kalama “deserves better than what Merz has put us through.”
“I think about all things we could do with the money that has gone to defend the city,” she said. “We shouldn’t have to defend the city from its own elected official.”
