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also has a mandatory duty as an elected official to file sworn statements concerning
his finances, including his property ownership.
Charge 7 of the recall petition alleges:
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:
Personal financial affairs reporting public officials RCW 29B.55.010
Penalty: RCW 29B.60.010 Civil remedies and sanctions—Referral for
criminal prosecution
CP at 629-30.
RCW 29B.55.010(1) requires that “every elected official . . . shall
electronically file with the commission a statement of financial affairs . . . ,” and
subsection (6) specifies that “[e]ach statement of financial affairs filed under this
section shall be sworn as to its truth and accuracy.”
Exhibit 13, referenced by the recall proponents, shows Keller’s F-1 financial
affairs disclosure forms covering May 15, 2022 through May 14, 2023, CP at 761-
62, and January 2, 2023 through January 1, 2024, id. at 763-65. On these forms,
Keller discloses that he owns real estate at 2049 Butler Loop in Richland. Id. at 762,
764. This is the address of the hangar. Id. at 731-32.
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The form includes a category for any “[b]usiness entities where filer owns
10 percent or more, or serves as an officer, director or general partner.” Id. at 762,
764. Keller’s forms state, “There is no business ownership, nor is there