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Wash. Supreme Court published opinion — 1052537.pdf

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Wash. Supreme Court published opinion — 1052537.pdf
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Washington (state)
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County voters elected him Port commissioner. Br. of Resp’ts at 3-4.

A. Investigation of Keller

Because the investigation of Keller provides context to the recall petitions, we

briefly describe that investigation and its findings.

Port counsel received written grievances about Keller from the Port’s

executive director, Diahann Howard, and then-Port Commissioner, Roy Keck. In
2
In re Recall of William O’Neil et al., No.105253-7

September 2025, Port counsel retained the law firm Schwabe, Williamson & Wyatt

to investigate those grievances.1 Over the next several months, the law firm

investigated allegations against Keller spanning decades, including allegations that

Keller entered into favorable leases (on behalf of the Port) with a relative, that Keller

executed a personal lease with the Port at a rate lower than the rate approved by the

Commission, that Keller created or supported the creation of a private utility

infrastructure to benefit private entities without consideration, and that Keller used

unmetered and illicit sewer and water connections at the airport2 hangar he owned.

Clerk’s Papers (CP) at 1679-81.

The Schwabe firm issued its findings on December 17, 2025. Id. at 1679. It

found sufficient evidence to support several complaints against Keller, including that

he (1) violated Port Rule 12.3 by stating, “[W]hen Bill O’Neil . . . is elected to the

Commission in the fall, ‘things are going to change,’” (2) violated Washington State

gifting laws by entering a below-market-value lease with his cousin as Port executive

director in 2008, (3) violated state law by knowingly receiving public water and

sewer services paid for by the Port for his personal hangar, and (4) reduced his rent