What voters could see if Tri-Cities port corruption claims make the ballot
AI-generated summary reviewed by our newsroom.
- Benton prosecutor’s office filed proposed ballot synopses for court review of recalls.
- Law firm finds Keller WA broke laws. O’Neil and Stevens censured him but no other action.
- If recalls are allowed to proceed, petitioners have 180 days to gather signatures.
The Benton County Prosecutor’s Office has prepared the statements voters will see if recall efforts targeting three Port of Benton commissioners reach the ballot.
Commissioners Scott Keller, William “Bill” O’Neil and Lori Stevens face being recalled from elected office after an investigation concluded Keller broke state law and port policies, and his fellow commissioners later took little action to address the situation.
The individual synopses for each of the three commissioners were filed independently late Friday in Benton County Superior Court.
The next step is one or more hearings to review the ballot language and determine if the allegations against the three are sufficient to gather signatures to put the individual recall questions to a vote.
No hearing date had been set as of Monday.
Keller worked for the port for 30 years before retiring in 2019 as its executive director. He was elected to the board in 2022 and took office in January 2023.
The investigation, commissioned by the port, was conducted by law firm Schwabe, Williamson & Wyatt and was released publicly in January. It found Keller violated one port policy and broke state laws three other times.
O’Neil and Stevens censured Keller for the policy violation, but took no action against Schwabe’s findings that he broke laws against making gifts of public money and knowingly using illegal utility connections at his private hangar at the port-owned Richland Airport.
Recall ballot wording
The recall is led by retired Benton County District Court Judge Eugene Pratt of West Richland.
Recall documents calculate the port and the city of Richland were underpaid by nearly $1.8 million because of below-market leases and unauthorized utility connections.
Keller, O’Neil and Stevens could not be reached on Monday about the proposed ballot language. Keller has previously said it is time to look forward.
The ballot synopsis of recall charges against Keller claim he committed malfeasance, misfeasance, and/or violated his oath of office.
The full ballot synopsis asks if Keller should be recalled based on the following allegations he:
- Violated the Washington State Constitution by (a) gifting public funds via issuance of a lease to a family member at below fair market value, failing to collect lease revenue, and failing to include electrical and irrigation costs in said lease (b) entering a lease between the Port of Benton and a limited liability company formed by himself at below fair market value and connecting to utilities paid for by the Port of Benton.
- Violated RCW 42.23.030 by having an interest in a lease with the Port of Benton.
- Defrauded a public utility by allowing Port of Benton tenants, including his limited liability company to install and/or utilize unpermitted utility infrastructure.
- Violated Richland Municipal Code by failing to apply for, install, and charge for water service lines and allowing unpermitted sewer connections.
- Violated RCW 43.160 by participating in board decisions wherein he had an interest.
- Violated the Open Public Meeting Act by participating in a vote without discussion.
- Violated state law and port policies by retaliating against port employees.
The synopses for the recalls targeting O’Neil and Stevens ask voters if each should be recalled because they:
- Knew of and either failed to take appropriate action or acted to conceal alleged acts of malfeasance, misfeasance, or violations of the oath of office taken by fellow Port Commissioner (Scott) Keller by a) ratifying below market leasehold agreements, b) failing to act regarding alleged illegal appropriation of water, maintaining unpermitted utility infrastructure, and violations of conflict of interest laws.
- Violated the Open Public Meetings Act by participating in a vote without discussion.
- Violated state law and port policies by retaliating against port employees who brought concerns about Port Commissioner (Scott) Keller to the Board.
What happens now?
Just because a recall is filed does not mean it will appear on a ballot.
The legal process includes determining if there is a case to proceed to gathering signatures.
Under Washington law, a recall does not require criminal charges or a conviction. The court considers the sufficiency of the allegations, not the truth of them.
Voters serve as fact finders via the election process.
If any or all of the recall efforts are allowed to proceed, Citizens for a Better Port will have 180 days to gather signatures from registered voters in the port district, which roughly extends from Richland to Prosser and western Benton County.
Petitions are submitted to the county auditor for validation. If there are enough, the recall question goes on the ballot.
While many recall campaigns fail at the legal review stage or for lack of signatures, Benton County voters have not been shy in recent years. They recalled Benton County Sheriff Jerry Hatcher in August 2121 and three Richland School Board members in August 2024.
Recall timeline
April 2025: City of Richland detects unpermitted water connections at private hangars at the port-owned Richland Airport during a fire hydrant inspection. The port hires a contractor to determine the extent of the illegal connections.
May 15, 2025: Commissioner Scott Keller is advised by port staff to work with the city to install a meter connection to his private hangar at 2049 Butler Loop, at the Richland Airport. The meeting is private.
May 22, 2025: Executive Director Diahann Howard publicly discloses discovery of illegal water connections at the airport during a regular commission meeting.
Fall 2025: Port Commissioner Roy Keck makes complaints against fellow Commissioner Scott Keller, the former executive director. Howard forwards additional complaints made about Keller.
Fall 2025: Port through its law firm, Gravis Law, hires Schwabe, Williamson & Wyatt to review 24 allegations against Keller.
Fall 2025 Port receives Schwabe report but does not make it public.
Nov. 5, 2025: O’Neil defeats incumbent Roy Keck in general election for seat on the port commission.
2026
Jan. 7: O’Neil attends first meeting and is elected president of the three-person board. O’Neil together with Keller and Stevens vote unanimously to suspend Howard, pending investigation into undisclosed complaints.
Jan. 13: O’Neil and Stevens address Schwabe investigation findings. Keller is censured for a port policy violation, but O’Neil and Stevens vote to take no action on findings he violated state law on three occasions.
Jan. 23: 21-page Schwabe investigation is released by Alicia Myers, public records officer and finance director, in response to a public records request by the Tri-City Herald and others.
Feb. 2: Board votes unanimously to terminate Myers, who was hired in November by Howard and was still considered a probationary employee. She claims retaliation.
Feb 11: Retired Benton County District Court Judge Eugene Pratt berates commission at regular business meeting for failing to act on the Schwabe report. Pratt’s daughter, Ashley Garza, is a former port contractor who worked with the port to catalogue its properties and leases.
Feb. 17: Pratt and his daughters form Citizens for a Better Port to organize a recall campaign against the three commissioners.
Feb. 19: Voters representing each of the three commissioner districts submit recall complaints to the Benton County Auditor’s Office.
March 6: Benton County Prosecutor’s Office files proposed ballot synopses for each of the three recalls with the Benton County Superior Court Clerk’s Office.
What is the Port of Benton
The port is a government agency responsible for economic development and business retention in Richland, Prosser and areas of unincorporated Benton County along the Columbia River.
It operates the Richland and Prosser airports, numerous business parks and the Port of Benton railroad linking Richland’s industrial north end to main railroad lines in Kennewick.
The port employs 22 people, has a $26 million annual budget and collects $3.3 million in property taxes.