The Washington Supreme Court ruled on August 20, 2026, that voters in Benton County can proceed with recall efforts against three Port of Benton commissioners: Scott Keller, William O’Neil, and Lori Stevens. The court's decision confirms that the charges against the commissioners are legally and factually sufficient, allowing the recall petitions to move forward.
This ruling affects the three commissioners, who face allegations of misconduct related to their actions while in office. It highlights the importance of accountability for elected officials and reinforces the voters' right to recall public officials when there are grounds for misconduct.
Background
The recall petitions stem from actions taken by the Port of Benton commissioners following an investigation into Keller's conduct. The investigation was prompted by complaints from Diahann Howard, the Port's Executive Director, and former Commissioner Roy Keck regarding Keller's actions during his time as executive director. The investigation revealed serious allegations against Keller, including conflicts of interest and violations of state laws.
In January 2026, shortly after the investigation's findings were made public, the commissioners voted to suspend Howard and terminate Alicia Myers, the Port's Finance Director. The recall petitions allege that these actions were retaliatory, taken to silence whistleblowers who brought forward complaints against Keller. Voters in Benton County filed the recall petitions, which included 13 charges against the commissioners, but the trial court dismissed most of these charges.
The Ruling
The Washington Supreme Court upheld the trial court's decision to allow two charges against each commissioner to stand, as well as an additional charge against Keller. The court affirmed that the allegations of retaliation against Howard and Myers were factually and legally sufficient. The court stated, "It is misfeasance and/or malfeasance to engage in retaliation against a whistleblower..." This ruling emphasizes the legal ramifications of retaliatory actions by public officials.
Additionally, the court found that Keller's failure to disclose his ownership of an LLC that held a lease with the Port constituted sufficient grounds for recall. The court noted, "The fact that Keller owned a[n] LLC that in turn held a leasehold interest with the public entity where he was a Commissioner is exactly the type of information the . . . Public Disclosure Commission was created to disclose." This ruling highlights the importance of transparency and accountability in public office.
Impact
The court's decision sets a significant precedent for the accountability of elected officials in Washington State. It reinforces the idea that voters have the right to challenge and recall officials who engage in misconduct or retaliatory actions. The ruling also emphasizes the legal standards for recall petitions, ensuring that they must be factually and legally sufficient to proceed.
The outcome of this case may influence future recall efforts across the state, as it clarifies the legal definitions of misfeasance and malfeasance. It also serves as a warning to public officials about the consequences of retaliatory behavior against employees who report misconduct.
What's Next
The recall petitions will now proceed to a vote, allowing Benton County residents to decide whether to remove Keller, O’Neil, and Stevens from office. There is no indication in the court filing that the commissioners plan to appeal this decision, and there are no related cases pending at this time.