Diahann Howard.” Id. at 595, 997, 1613.
The trial court also ruled that charge 12 was legally sufficient because “it is
misfeasance and/or malfeasance to engage in retaliation against a whistleblower and
there is clear intent to retaliate against a whistleblower-employee when the
constructive demotion and suspension took place two weeks after Ms. Howard
brought forward allegations of wrongdoing by Commissioner Keller to the Board of
Commissioners.” Id. at 595, 997, 1613. The trial court noted that this type of
unlawful retaliation negatively impacts the Port and could interrupt or impact the
performance of the Commission’s official duties. Id. at 595, 997, 1613.
The trial court ruled that related charge 13, concerning the commissioners’
decision to fire the finance director, was legally and factually sufficient for the same
reasons. Id. at 596, 998, 1614.
Additionally, the court found that charge 7 was legally and factually sufficient
to support recall of Keller. Keller, through an LLC, owns a hangar at Richland
Airport, and the hangar is subject to a ground lease with the Port. Charge 7 against
Keller alleges that he failed to disclose self-dealing with regard to this arrangement:
7
In re Recall of William O’Neil et al., No.105253-7
My review of the referenced exhibits has led me to believe that while
acting in his capacity as Port Commissioner, Mr. Keller was untruthful
when he failed to report his ownership in AXE, LLC and the ground
lease with the Port of Benton from 2022-2025. (EXHIBIT 13)
I believe the conduct described in this section constituted violations of
the following laws and regulations: