Judge OKs petitions to recall 3 port officials for violating WA law, retaliation
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- Judge approved simple recall ballot language for three Port of Benton commissioners.
- Judge struck most misconduct allegations as predating tenure or before Keller took office.
- Commissioners have 30 days to appeal. Proponents can counterappear.
Recall efforts against the three Port of Benton commissioners will proceed, though a judge slashed some of the charges against the elected officials.
In a decision released March 30, Judge Diana N. Ruff said the allegations against the three are sufficient to gather signatures to put the question to a vote.
The approved simpler ballot language asks voters if Commissioners Scott Keller, William “Bill” O’Neil and Lori Stevens should be recalled from office.
However, the judge struck some of the language included by proponents on the grounds that the misconduct complaints against Keller involved conduct before he took office and, also, some of the actions happened before O’Neil and Stevens were elected.
Seven charges were initially submitted against Keller. The judge approved two charges.
Three charges were submitted against O’Neil and Stevens. Judge Ruff allowed one charge each to proceed.
They have 30 days to appeal the decision.
If they do, proponents say they will counter appeal on the grounds the misconduct is ongoing. If there is no appeal, they say they will proceed with the case as it stands.
Keller, O’Neil and Stevens could not be reached by the Herald on Monday about their intent to appeal.
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.
Citizens for a Better Port will have 180 days to gather signatures from registered voters in the port district. It wasn’t immediately clear when that 180 days will begin.
Once signatures are gathered, the petitions are submitted to the county auditor for validation. If there are enough verified signatures, the recall question goes on the ballot.
Recall campaign
The recall campaign was initiated in February after the current commission largely ignored results of an outside investigation into 24 allegations contained in two complaints against Keller. The port commissioned the investigation by Schwabe, Williamson & Wyatt last fall.
The law firm found four cases where Keller allegedly violated port policies and state law.
The allegations date to actions taken during his 30 years as a port employee, much of it as its executive director. Keller retired in 2019 and returned as an elected commissioner after defeating an appointed incumbent in the 2022 election.
The current port commission censured Keller for violating a port policy but took no action on the more serious allegations that he violated Washington laws against gifts of public funds by making sweetheart deals with family and friends and with himself.
In the fallout, the commission suspended its executive director, Diahann Howard, pending an investigation due in mid-April 2026. It also fired its new finance director, Alicia Myers. Both claim they were retaliated against for their role in handling the allegations.
Ballot Synopsis for Scott Keller
“The charges that Scott Keller, Port of Benton Position 2, committed malfeasance, misfeasance and/or violated his oath of office allege that he:
1. Violated Public Disclosure laws by failing to disclose a business that he owns, which leases property from the Port of Benton.
2. Violated State law and Port policies by retaliating against Port employees.
Should Scott Keller be recalled from office based upon these charges?”
Ballot Synopsis for William O’Neil
“The charge that William O’Neil, Port of Benton Position 1, committed malfeasance, misfeasance, and/or violated his oath of office allege that he:
- Violated state law and Port policies by retaliating against Port employees who brought concerns of wrongdoing by Port Commissioner Scott Keller to the Board
Should William O’Neil be recalled from office based upon this charge.”
Ballot Synopsis for Lori Stevens
“The charge that Lori Stevens, Port of Benton Position 3, committed malfeasance, misfeasance, and/or violated her oath of office allege that she
- Violated state law and Port policies by retaliating against Port employees who brought concerns of wrong doing by Port Commissioner Scott Keller to the Board.
Should Lori Stevens be recalled from office based upon this charge?”
Recall campaign
The recall campaign, Citizens for a Better Port, is led by retired Benton County District Court Judge Eugene Pratt and his daughters, including former port contractor Ashley Garza.
The recall documents were signed by individual voters in each of the three districts represented by the commissioners.
Steve Goheen signed the complaint against Keller. Marie Noorani signed the complaint against O’Neil. Rachel Mercer signed the complaint against Stevens.
About the port
The Port of Benton is a government entity responsible for economic development in a territory that extends from Richland to Prosser and south to the Columbia River. It operates the Richland and Prosser airports, Crow Butte Park and a series of business parks and incubators.
It is funded by property taxes, grants and leases.
The Benton County Auditor’s office posted recall documents to a dedicated webpage at benoncounty.wa.gov.
This story was originally published March 30, 2026 at 4:10 PM.