involvement as an officer, director or general partner.” Id. at 762, 764. Given
Keller’s ownership of The “Axe” LLC, that representation is inaccurate.
The recall petition supplies Keller’s PDC disclosure forms and documentation
showing that his disclosures were incomplete, and that they were incomplete on a
topic concerning property deals with the Port, at a time when he served as
commissioner. Therefore, this charge is factually sufficient.
B. Legal sufficiency
The charge alleges that Keller failed to disclose his ownership of an LLC—
an LLC that leases property from the Port of which he is a commissioner. The charge
alleges that this violates RCW 29B.55.010, which requires “every elected official”
to file a “statement of financial affairs” that “shall be sworn as to its truth and
accuracy.”
These allegations describe substantial conduct that would amount to
misfeasance, malfeasance, or a violation of the oath of office. See Sawant, 197
Wn.2d at 436 (upholding the factual and legal sufficiency of a recall charge against
Sawant for failure to disclose information in accordance with Seattle’s required
statement of financial affairs).
20
In re Recall of William O’Neil et al., No.105253-7
Indeed, “[t]he fact that Keller owned a[n] LLC that in turn held a leasehold
interest with the public entity where he was a Commissioner is exactly the type of
information the . . . Public Disclosure Commission was created to disclose.” Br. of
Resp’ts at 44. Because Keller’s ground lease with the Port is in the name of his LLC,
and because Keller failed to disclose his ownership of the LLC, the public may not
realize that Keller acted on both sides of the lease deal.
Notably, as executive director, Keller allegedly executed the ground lease at a