Port of Benton commissioners ask WA Supreme Court to stop the recall
Three Port of Benton commissioners facing efforts to recall them from office have asked the Washington State Supreme Court to intervene.
Commissioners Scott Keller, William O’Neil and Lori Stevens say in an appeal dated April 9 that they acted properly in carrying out their jobs.
They ask the state’s highest court to overturn a March 30 Benton County Superior Court ruling that allowed a recall effort to proceed, saying Judge Diana N. Ruff erred in her conclusions.
Judge Ruff said the commission’s move to fire one female employee and suspend another, in addition to Keller’s failure to disclose the name of the business he owns that leases port land for an airplane hangar, were grounds to proceed.
Carolyn Lake, an outside attorney for the port, is representing the commissioners in the recall.
Keller, O’Neil and Stevens say they acted within their authority as elected officials.
Depending on the outcome, the recall could be dropped, amended or proceed as approved by Judge Ruff.
Recall supporters previously said that if the commissioners appealed, they would counter appeal to restore all of their original complaints, which were narrowed down by Ruff. Backers indicated a counter appeal is expected to be filed this week.
If the high court allows the recall supporters to proceed, they will have 180 days to gather signatures to put it on the ballot for voters in each of the port districts to vote on.
Narrowing of the recall allegations
At the commission’s most recent public meeting, Keller read a prepared statement that acknowledged the recall.
Keller expressed gratitude to Ruff for eliminating most of the charges brought by the recall supporters who want to remove him and colleagues from office, but confirmed the ruling would be appealed.
“We are grateful the court has resolved the majority of the issues raised in the recall effort in our favor,” he said.
All three commissioners face charges they retaliated against port employees by suspending the executive director and firing the newly-hired finance head.
The appeal said the personnel moves were within the commission’s legal discretion and were not “manifestly unreasonable.”
Keller faces a second charge, that concealed his ownership of The Axe LLC, the business through which he owns a personal hangar at the port-owned Richland Airport.
Keller disclosed his ownership of the hangar but not the name of the LLC when he filed paperwork documenting his financial interests with the Washington Public Disclosure Commission.
Candidates for office and office holders are required to disclose financial interests under state law.
The appeal says disclosing his ownership was sufficient and didn’t require him to list The Axe.
“The Court erred in several ways, including but not limited to, there is no factually or legal support to claim that fully disclosing ownership of an asset, but not listing the formal name in which it is held constitutes... misfeasance and malfeasance,” it states.
Port commissioners under scrutiny
The commission came under scrutiny on early January. That’s when O’Neil took office after winning election in November 2025.
Almost immediately, the board voted to suspend the executive director, Diahann Howard, and then dismissed a newly hired finance director. Both have claimed retaliation.
They also largely ignored the findings of an outside investigation by a law firm they commissioned last fall when the port received 24 allegations against Keller.
The complaints traced Keller’s actions during his 30-year career as a port employee and later as an elected commissioner.
Law firm Schwabe, Williamson & Wyatt concluded Keller violated port policies and state law on four out of 24 occasions.
O’Neil and Stevens censured Keller for the port policy violation.
They took no action on the more serious findings that he violated laws against making gifts of public funds by making sweetheart lease deals for himself and friends and that he knowingly used an illegal utility hook up at his personal hangar.
The Schwabe findings formed the bases for about 13 charges in the original recall complaints.
Judge Ruff eliminated most, noting they took place decades before Keller held elected office.
Recall backers
The recall is led by retired Benton County District Court Judge Eugene Pratt and his daughters, including former port contractor Ashley Garza.
The individual recall documents were signed by votes from each of the three commissioner districts.
Steve Goheen signed the complaint against Keller. Marie Noorani signed the complaint against O’Neil. Rachel Mercer signed the complaint against Stevens.
Recall documents are posted at bentoncount.wa.gov.
This story was originally published April 14, 2026 at 11:52 AM.