Complaint against 2 Kennewick port leaders was filed by fellow commissioner

A longtime Port of Kennewick commissioner admitted Tuesday he lodged the complaint that led to a costly investigation and findings of misconduct by the board’s other two members.

Commissioner Skip Novakovich told the Tri-City Herald he filed the four-page complaint against Commissioners Tom Moak and Don Barnes in March.

Novakovich said he acted because he believed his fellow commissioners were creating a hostile work environment for port employees.

The complaint triggered a $75,000 independent investigation by a Seattle attorney.

Parker dismissed many of Novakovich’s allegations, but concluded that evidence supported findings that Moak and Barnes had not conducted themselves properly on several occasions.

The port’s attorney recommended disciplinary action in keeping with port policies.

Tempers flared earlier this year as the commission weighed whether it should interfere with a private sale of five acres near the port-owned Vista Field to Yakima Valley Farm Workers.

The Yakima nonprofit eventually closed the deal and plans to build a $20 million clinic.

Some felt the port should exercise a buyback clause and reintegrate the property into its own plan for a mixed-use village in the heart of Kennewick.

Moak, who is running for re-election this year, accepted the finding that he violated civility requirements by yelling, “It’s your fault,” at CEO Tim Arntzen in a heated private discussion about the land.

He accepted a public reprimand and a requirement he complete training at his own expense.

Moak said he was glad Novakovich stepped forward, but said it doesn’t change the port’s priorities.

“My goal has been Vista Field. My goal has been Columbia Gardens. That’s where I’m focused,” he told the Herald on Tuesday.

The investigator found Barnes violated port rules by creating a hostile work environment for Arntzen, and when Barnes independently contacted a port consultant and the state auditor’s office instead of going through port staff as required.

Barnes disputes the findings. He has exercised his right to a hearing before a neutral party.

On Tuesday, Barnes reiterated that he disagreed with Parker’s findings, saying commissioners have the right to ask questions about port-related business.

He said he shouldn’t be blamed for causing an investigation and hearing process that will cost more than $100,000.

“Commissioner Novakovich made the decision to write the anonymous complaint. That triggered the independent investigation. That resulted in this huge cost to the port,” he said, adding that the dispute could have been handled at the commission level.

“I’m left to wonder and question if this is the best way this could have been handled,” Barnes said.

Novakovich filed the complaint in March and requested that his name be keep confidential. The port agreed under its policy of encouraging people to report wrongdoing by keeping their names confidential.

Tuesday, Novakovich said he stepped forward because Banes’ attorney was pressing for a copy of the complaint that would show Novakovich’s name.

Novakovich defended his decision to document the issues with Moak and Barnes.

“Someone needed to do something to keep the excellent staff intact, to assure all regional projects currently underway are continued successfully, and to assure the integrity and excellent reputation the Port of Kennewick has worked hard to establish is preserved ...,” he wrote in a one-page explanation obtained by the Tri-City Herald.