Port of Benton commissioners are facing a recall in the wake of an investigation into the past actions of one commissioner and the suspension and firing of two port administrators. 

Scott Keller

In the past two months, the port has suspended its executive director, fired its chief financial officer/auditor, and released an investigation that found Commissioner Scott Keller violated state law related to leasing and use of port resources and violated port rules by improperly interacting with staff.

In response, citizens have brought forward petitions to recall all three commissioners, alleging that about $1.8 million in revenue went uncollected because of the gifting deals. The effort is spearheaded by a former port contractor who spent significant time investigating utility issues at the Richland Airport, and her father, a former Benton County judge. 

Lawyers for both the port’s suspended executive director and former chief financial officer/auditor have claimed the port’s actions were in retaliation and asked the port to restore their jobs.

While the port hasn’t addressed the recall or given a reason for the executive director’s suspension, commissioners voted to form a committee to look into long-term issues at the airport following months of discussion and the recent investigation.

Starting recall process

Three citizens filed charges with the Benton County Auditor, asking for the recall of the three commissioners on Feb. 18.

Eugene Pratt

Leading the effort are retired Benton County District Court Judge Eugene Pratt and his daughter Ashley Garza, a professional land surveyor who contracted with the port from 2022-26 and uncovered discrepancies while mapping the port’s infrastructure.

Garza said she discovered the port had years of unresolved problems, ranging from unpermitted uses and infrastructure to unmetered or incorrectly billed utilities, missing easements, unassessed structures and encroachments on port property.

She raised her concerns with Executive Director Diahann Howard and then-Commissioner Roy Keck, prompting the port to hire an outside firm to investigate Keller’s actions.

Garza said the commissioners’ actions were in direct conflict with her professional conduct guidelines, prompting her to terminate her port contract.

She has since moved out of the state, but continues to stay involved, initiating a recall along with her dad.

“I feel like my responsibility as both a surveyor, contractor and just a human in general is to, once I know about the information and I believe it to be improper or violating some sort of regulatory requirement, my job is to get that information out there,” Garza said.

Pratt, 79, became involved after months of talking with his daughter about the ongoing port issues and has become the face of the recall since Garza is no longer in Washington.

“Even from when I was little, I had respect for authority, and when I saw that authority being abused, it tended to rile me up,” Pratt said. When that abuse happens, “somebody needs to address it,” he said.

Petitioners

Pratt and Garza have formed a political action committee, Citizens for a Better Port, registered with the Public Disclosure Commission on Feb. 7. 

Three separate petitioners stepped forward to recall the three commissioners, each covering a different port district. Steve Goheen was the petitioner for the recall of Keller; Marie Noorani was the petitioner for the recall of Bill O’Neil; and Rachel Mercer was the petitioner for the recall of Lori Stevens. 

Garza said she connected with the petitioners as concerns were raised about the recent port actions.

Each petitioner submitted the same slate of documents, totaling about 200 pages, to the county auditor’s office.

The allegations against Keller are closely tied to those brought up in the recent investigation, focused on the broken gifting laws related to the utilities at the airport and leases made below market rate during his time as a port employee. Keller spent 30 years as a port employee, including 18 years as executive director, before becoming a commissioner in 2023.

The allegations also claim his actions to suspend Howard on Jan. 7 and fire Chief Financial Officer/Auditor Alicia Myers on Feb. 2 were to conceal his wrongdoing. 

The allegations against commissioners O’Neil and Stevens claim that they are co-conspirators and have “ratified, covered up, and thereby allowed” Keller’s actions – actions costing the port and taxpayers hundreds of thousands of dollars. 

Even though Keller has been the main target of a recent investigation after complaints were raised about his actions, Pratt said that recalling all three commissioners is key.  

If one commissioner is recalled, a replacement will be selected by the other two commissioners, but if all three are removed from office, it’s up to county commissioners to appoint replacements, he said. 

“To get a real change, you’re going to have to remove all three,” Pratt said. 

Recall process

Now that the recall charges are filed, a judge will determine whether the allegations meet the legal standard to proceed. If approved, sponsors have 180 days to collect signatures before the recall can be placed on a special election ballot, giving voters the final say on whether to remove each commissioner.

Because the port is divided into districts, voters may only sign a recall petition for the commissioner who represents them. 

Port response

In response to a request for comment on the recall, the port submitted a statement focusing on its mission to drive economic growth and promote industrial development and transportation in Benton County.

“The Port of Benton remains as invested in our community today as it was in 1958,” the statement read in part. “While employees and commissioners have changed over the years, our vision, dedication and strong partnerships have stood the test of time.”

Individual commissioners did not respond to a request for comment. 

Other port actions

The port hasn’t been idle, however. 

In a Feb. 11 meeting, commissioners voted to form an ad hoc committee to discuss questions related to utility issues at the Richland Airport. Keller recused himself from the vote since he was involved. 

“The No. 1 thing (members of the public are) pointing out is they’re really tired of the port pointing fingers and they want resolution on this issue,” O’Neil said in the meeting. “I believe that the commission can’t move forward on this issue until certain questions are answered.”

Chaired by port counsel John O’Leary, the committee was to include Airport Manager Quentin Wright, Contract Specialist Sheri Collins, Construction Project Manager Bryan Bell, Marketing and Communications Manager Summers Miya, and Mark Underwood, property manager for Herb Brayton, an airport tenant. 

O’Neil asked the committee to look into questions about a possible 1999 port agreement on utility bills, whether it exists and if it is in effect today, what the agreement with the city of Richland looks like regarding utility infrastructure, and who is responsible for maintaining it. 

“I think we all want to see this issue resolved,” Stevens said in the meeting. “… There’s quite a few questions that we need to answer before we can find a path forward. This is I think a great first step in the process.” 

So far, the committee has been gathering information and plans to put together a timeline.

The port also has agreed to pay more than $8,600 for Keller’s attorney’s fees resulting from the complaints made by former Commissioner Keck and Howard. 

The port also recently won an award for its partnership with Avalanche Energy FusionWERX, which became a port tenant last year. The Washington Economic Development Association presented the port with the Economic Development Project of the Year – Business Recruitment Award for its support and investment in infrastructure, site readiness and project coordination, which helped enable Avalanche’s work. 

The Avalanche lease was secured under Howard’s leadership.

Suspension and firing

While the port has taken steps to address issues at the airport, its executive director remains on paid administrative leave without a public explanation. 

Diahann Howard

Her attorney, Todd Wyatt of Wyatt Gronski PLLC, said in a Jan. 12 letter that the suspension amounts to unlawful retaliation.

Myers and Garza both spoke highly of Howard’s professionalism and leadership as executive director.

“She has impeccable leadership, utmost professionalism, is an expert in the industry, and has always acted by doing the right thing for the Port and its constituents,” Myers said. 

After Howard was placed on leave, Myers – who was hired as the port’s chief financial officer/auditor in November – was asked to serve as the interim executive director. 

She stepped aside after about a week, citing concerns about overlapping responsibilities between the interim role and her financial oversight duties.

Alicia Myers

Two weeks later, port commissioners voted during a Feb. 2 meeting to fire her, citing “unsatisfactory performance during the probationary period.” 

Her attorney, Douglas McKinley, wrote in a Feb. 18 letter that the termination was retaliatory. He said Myers had disclosed “certain illegal and unethical acts” to the executive director, the commission president, the state auditor and the state Department of Revenue.

Myers was relatively new to her port position but brought to her role more than nine years of experience in government accounting and more than 20 years in general accounting.

“At the time I was hired, I believed that I was selected because of my commitment to fiscal integrity, transparency and public accountability,” Myers said in a statement provided to the Tri-Cities Area Journal of Business.

“During my time at the port, I raised concerns consistent with my professional obligations and made certain compliance disclosures through appropriate channels,” she said in the statement.

“My employment was terminated during an open public meeting, and the stated reason was unsatisfactory performance. I respectfully disagree with that characterization. I was never advised of any performance deficiencies, nor was I ever provided an opportunity to address any concerns,” Myers said in her statement. 

Both Howard and Myers, through their attorneys, are seeking reinstatement.

McKinley also asked for full back pay for Myers, a $3,000 civil penalty for each commissioner involved in the termination decision as well as from the interim executive director; an injunction barring the commissioners from participating in decisions about her future employment; dismissal of the interim director; and payment of her legal fees.

As the legal dispute continues, Myers said she is pursuing a Certified Public Accountant credential to bolster her education in financial oversight. She has launched an online fundraiser to raise $2,500 to help pay for exam preparation and registration costs following her job loss.