My review of the referenced exhibits has led me to believe that while
acting in his[/her] capacity as Port Commissioner, [Mr. O’Neil/Ms.
Stevens and] Mr. Keller retaliated against Port Employee Executive
Director Diahann Howard when they voted to suspend
Diahann Howard 2 weeks after findings that Mr. Keller violated State
Laws and Port Policy. These findings were the result of a complaint
made that was forwarded to commission and counsel for investigation.
(EXHIBIT 20). I believe this retaliation was done to conceal Mr.
Keller's wrong doing.
Id. at 232 (O’Neil), 633 (Keller), 1251 (Stevens).
Charge 13 alleges:
My review of the referenced exhibits has led me to believe that while
acting in their capacity as Port Commissioners, [Mr. O’Neil/Ms.
Stevens and] Mr. Keller retaliated against Port Employee Auditor Alicia
Myers when she brought the for[e]going violations to the attention of
the Port's Executive Director and Mr. Keller. [Mr. O’Neil/Ms. Stevens
and] Mr. Keller caused Ms. Myers to be fired. I believe this retaliation
was done to conceal Mr. Keller’s wrong doing. (EXHIBIT 21).
Id. at 232 (O’Neil), 633-34 (Keller), 1251 (Stevens).
Regarding charge 12, the trial court found that “[t]here appears in the record
no manifest reason to constructively demote and suspend the Executive Director
other than as petitioner has stated: to conceal wrongdoing of Mr. Keller.” Id. at 596,
998, 1614. The trial court therefore ruled that this charge was factually sufficient; it
6
In re Recall of William O’Neil et al., No.105253-7
explained that there is “more than enough information in the Petition and supporting
Exhibits to allow [commissioners] to know what the basis is for the complaint
regarding the constructive demotion and suspension of Port Executive Director